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<table><tr><td valign=top>MSDS </td><td valign=top> </td><td>Material Safety Data Sheet
<tr><td height=10></td><td></td><td></td></tr>
</td></tr><tr><td valign=top>CAS </td><td valign=top> </td>
<td><h2>N/A</h2></td></tr>
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<tr><td><pre>Occupational Health and Safety Act 2000<br>
 <br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
 <br>
 <br>
- Made under the Occupational Health and Safety Act 2000<br>
 <br>
- As at 9 July 2010<br>
 <br>
- Reg 648 of 2001<br>
 <br>
 <br>
 <br>
 <br>
 <br>
<br>
TABLE OF PROVISIONS<br>
 <br>
<br>
<br>
TABLE OF PROVISIONS<br>
<br>
CHAPTER 1 - PRELIMINARY<br>
1. Name of Regulation<br>
<br>
2. Commencement<br>
<br>
3. Definitions<br>
<br>
4. Application of Regulation<br>
<br>
5. Meaning of “control�? of risks<br>
<br>
6. Application of provisions providing for alternative duties if primary duty<br>
not reasonably practicable<br>
<br>
7. Application of provisions of Part 2 of the Act (relating to general duties<br>
of certain persons) to persons having duties under this Regulation<br>
<br>
8. Responsibilities held by more than one responsible person<br>
<br>
CHAPTER 2 - PLACES OF WORK—RISK MANAGEMENT AND OTHER MATTERS<br>
____<br>
9. Employer to identify hazards<br>
<br>
10. Employer to assess risks<br>
<br>
11. Employer to eliminate or control risks<br>
<br>
12. Employer to review risk assessments and control measures<br>
<br>
13. Employer to provide instruction, training and information<br>
<br>
14. Employer to provide supervision<br>
<br>
15. Provision by an employer of personal protective equipment<br>
<br>
16. Employer to obtain information<br>
<br>
17. Employer to provide for emergencies<br>
<br>
18. Employer to provide amenities<br>
<br>
19. Maintenance of amenities and accommodation<br>
<br>
20. Employer to provide first aid facilities and personnel<br>
<br>
CHAPTER 3 - WORKPLACE CONSULTATION<br>
____<br>
21. Definitions<br>
<br>
22. Setting up consultation arrangements (section 15 (f) of the Act)<br>
<br>
23. Workgroups represented by OHS committees or OHS representatives<br>
<br>
24. Minimum requirements for OHS committees<br>
<br>
25. Minimum requirements for election of OHS representatives<br>
<br>
26. Other agreed arrangements (sections 16 (c) and 17 (3) of the Act)<br>
<br>
27. Related obligations of employer with respect to duty to consult<br>
<br>
28. Employees to disclose certain matters<br>
<br>
29. Procedure for resolving matter that may be risk to health and safety<br>
<br>
30. Additional functions of OHS committees and OHS representatives (section 18<br>
(d) of the Act)<br>
<br>
31. Training to be undertaken by members of OHS committees and OHS<br>
representatives<br>
<br>
32. Savings and transitional arrangements<br>
<br>
CHAPTER 4 - WORK PREMISES AND WORKING ENVIRONMENT<br>
____<br>
PART 4.1 - PRELIMINARY<br>
33. Definitions<br>
<br>
PART 4.2 - WORK PREMISES<br>
____<br>
Division 1 - General duties of controllers of premises<br>
34. Controller of premises to identify hazards<br>
<br>
35. Controller of premises to assess risks<br>
<br>
36. Controller of premises to eliminate or control risks<br>
<br>
37. Controller of premises to review risk assessments and control measures<br>
<br>
38. Controller of premises to provide information<br>
<br>
Division 2 - Fall prevention<br>
39. Fall prevention—particular risk control measures<br>
<br>
Division 3 - Electricity<br>
40. Application<br>
<br>
41. Electricity—particular risk control measures<br>
<br>
Division 4 - Asbestos<br>
42. Definitions<br>
<br>
43. Asbestos—risk assessment and control<br>
<br>
44. Record keeping—register of asbestos<br>
<br>
PART 4.3 - USE OF PLACES OF WORK<br>
____<br>
Division 1 - Working space<br>
45. Working space—particular risk control measures<br>
<br>
Division 2 - Lighting<br>
46. Lighting—particular risk control measures<br>
<br>
Division 3 - Heat and cold<br>
47. Hot working environments—particular risk control measures<br>
<br>
48. Cold working environments—particular risk control measures<br>
<br>
Division 4 - Noise management<br>
49. Noise management—particular risk control measures<br>
<br>
Division 5 - Atmosphere<br>
49A. Application to mining workplaces that are mines and to coal workplaces<br>
<br>
50. Definitions<br>
<br>
51. Atmospheric contaminants—particular risk control measures<br>
<br>
52. Unsafe levels of oxygen—risk control measures<br>
<br>
53. Ventilation—particular risk control measures<br>
<br>
54. Entry protection—contaminated atmosphere or unsafe levels of oxygen<br>
<br>
55. Atmospheric monitoring<br>
<br>
Division 6 - Working at heights<br>
56. Prevention of falls from heights—particular risk control measures<br>
<br>
57. Falling objects—particular risk control measures<br>
<br>
58. Scaffolding—particular risk control measures<br>
<br>
59. Lifts—particular risk control measures<br>
<br>
60. Brittle or fragile roofs—particular risk control measures<br>
<br>
61. Building maintenance—particular risk control measures<br>
<br>
Division 7 - Fire and explosion<br>
62. Fire and explosion—particular risk control measures<br>
<br>
Division 8 - Electricity<br>
63. Application<br>
<br>
64. Electricity—particular risk control measures<br>
<br>
65. Maintenance of records—electricity<br>
<br>
Division 9 - Working in confined spaces<br>
65A. No application to underground parts of mining workplaces or coal<br>
workplaces<br>
<br>
66. Definitions<br>
<br>
67. Application<br>
<br>
68. Entry to or work in or on confined space—particular risk control measures<br>
<br>
<br>
69. Isolation or control of potentially hazardous services—particular risk<br>
control measures<br>
<br>
70. Purging before entry—particular risk control measures<br>
<br>
71. Safety of atmosphere—particular risk control measures<br>
<br>
72. Entry permits—particular risk control measures<br>
<br>
73. Stand-by persons—particular risk control measures<br>
<br>
74. Emergencies—particular risk control measures<br>
<br>
75. Entry protection—particular risk control measures<br>
<br>
76. Atmospheric testing and monitoring—particular risk control measures<br>
<br>
77. Training<br>
<br>
78. Record keeping<br>
<br>
PART 4.4 - MANUAL HANDLING<br>
____<br>
79. Definition<br>
<br>
80. Employer to control risks<br>
<br>
81. Assessment of risks<br>
<br>
PART 4.5 - LONG DISTANCE TRUCK DRIVER FATIGUE<br>
81A. Definitions<br>
<br>
81B. Duty to assess and manage fatigue of drivers<br>
<br>
81C. Duty of consignors and consignees to make inquiries as to likely fatigue<br>
of drivers<br>
<br>
81D. Driver fatigue management plans<br>
<br>
81E. Application of Part to consignors and consignees and their agents<br>
<br>
81F. Records<br>
<br>
CHAPTER 5 - PLANT<br>
____<br>
PART 5.1 - PRELIMINARY<br>
82. Definitions<br>
<br>
83. Plant affecting public safety<br>
<br>
PART 5.2 - DESIGN, MANUFACTURE AND REGISTRATION OF PLANT<br>
Division 1 - Design of plant<br>
____<br>
84. Application<br>
<br>
85. Manufacturers and importers of plant designed outside the State to ensure<br>
that designer’s responsibilities are met<br>
<br>
86. Designer to identify hazards<br>
<br>
87. Designer to assess risks<br>
<br>
88. Designer to review risk assessment<br>
<br>
89. Designer to control risks<br>
<br>
90. Guarding—particular risk control measures<br>
<br>
91. Operational controls—particular risk control measures<br>
<br>
92. Emergency stops and warning devices—particular risk control measures<br>
<br>
93. Design of powered mobile plant—particular risk control measures<br>
<br>
94. Mandatory design standards—particular risk control measures<br>
<br>
95. Specifying work systems and operator competencies—particular risk control<br>
measures<br>
<br>
96. Designer to provide information<br>
<br>
97. Designer to obtain information<br>
<br>
Division 2 - Manufacture of plant<br>
____<br>
98. Application<br>
<br>
99. Importers of plant manufactured outside the State to ensure that<br>
manufacturer’s responsibilities are met<br>
<br>
100. Manufacturer to identify hazards<br>
<br>
101. Manufacturer to assess risks<br>
<br>
102. Manufacturer to review risk assessment<br>
<br>
103. Manufacturer to control risks<br>
<br>
104. Manufacture of powered mobile plant—particular risk control measures<br>
<br>
105. Manufacturer to provide information<br>
<br>
106. Manufacturer to obtain information<br>
<br>
Division 3 - Registration of plant<br>
____<br>
Subdivision 1 - Registration of plant design<br>
107. Application for registration of plant design<br>
<br>
108. Further information may be requested<br>
<br>
109. Processing of application<br>
<br>
110. Cancellation of design registration in certain circumstances<br>
<br>
111. Design registration number to be provided to certain persons<br>
<br>
112. Registration under equivalent law<br>
<br>
112A. Savings concerning coal workplaces<br>
<br>
Subdivision 2 - Registration of items of plant<br>
113. Application for registration of item of plant<br>
<br>
114. Additional requirements for application to register amusement device<br>
<br>
115. Processing of application<br>
<br>
116. Cancellation of registration of item of plant in certain circumstances<br>
<br>
117. Automatic cancellation of registration<br>
<br>
118. Renewal of registration<br>
<br>
119. Registration under equivalent law<br>
<br>
119A. Savings concerning coal workplaces<br>
<br>
PART 5.3 - SUPPLY OF PLANT<br>
____<br>
Division 1 - Preliminary<br>
120. Application<br>
<br>
Division 2 - Sale or transfer of plant<br>
121. Seller or transferor to control risks<br>
<br>
122. Seller or transferor to provide information<br>
<br>
123. Seller or transferor to obtain information<br>
<br>
Division 3 - Hiring or leasing plant<br>
____<br>
124. Hirer or lessor to identify hazards<br>
<br>
125. Hirer or lessor to assess risks<br>
<br>
126. Hirer or lessor to review risk assessment<br>
<br>
127. Hirer or lessor to control risks<br>
<br>
128. Maintenance, repair, testing and cleaning of plant—particular risk<br>
control measures<br>
<br>
129. Plant under pressure—particular risk control measures<br>
<br>
130. Powered mobile plant—particular risk control measures<br>
<br>
131. Hirer or lessor to keep records<br>
<br>
132. Hirer or lessor to provide information<br>
<br>
133. Hirer or lessor to obtain information<br>
<br>
PART 5.4 - WORKING WITH PLANT<br>
____<br>
134. Application<br>
<br>
135. Installation, erection and commissioning of plant—particular risk<br>
control measures<br>
<br>
136. Use of plant—registration requirements<br>
<br>
136A. Use of plant—particular risk control measures<br>
<br>
137. Maintenance and repair of plant—particular risk control measures<br>
<br>
138. Dismantling, storage and disposal of plant—particular risk control<br>
measures<br>
<br>
139. Use of amusement devices—particular risk control measures<br>
<br>
140. Plant under pressure—particular risk control measures<br>
<br>
141. Powered mobile plant—particular risk control measures<br>
<br>
142. Plant designed to lift or move—particular risk control measures<br>
<br>
143. Employer to keep records<br>
<br>
144. Employer to provide information<br>
<br>
CHAPTER 6 - HAZARDOUS SUBSTANCES<br>
____<br>
PART 6.1 - PRELIMINARY<br>
145. Definitions<br>
<br>
146. Application<br>
<br>
147. Exclusion of certain substances<br>
<br>
PART 6.2 - MANUFACTURE OF HAZARDOUS SUBSTANCES<br>
____<br>
148. Application<br>
<br>
149. Manufacturer to identify hazardous substances<br>
<br>
150. Manufacturer to prepare material safety data sheet<br>
<br>
151. Manufacturer to provide MSDS<br>
<br>
152. Manufacturer to disclose ingredients to medical practitioner<br>
<br>
153. Manufacturer to disclose ingredients to other person<br>
<br>
PART 6.3 - SUPPLY OF HAZARDOUS SUBSTANCES<br>
____<br>
Division 1 - Preliminary<br>
154. Application<br>
<br>
Division 2 - Supply of hazardous substances generally<br>
155. Supplier to provide MSDS<br>
<br>
156. Supplier to ensure hazardous substances are labelled<br>
<br>
157. Supplier to provide other information<br>
<br>
Division 3 - Supply of carcinogenic substances—particular provisions<br>
158. Definitions<br>
<br>
159. Supply of carcinogenic substances<br>
<br>
160. Supplier to keep records of supply of carcinogenic substances<br>
<br>
PART 6.4 - USE OF HAZARDOUS SUBSTANCES<br>
161. Application<br>
<br>
162. Employer to obtain MSDS<br>
<br>
163. Employer to ensure containers are labelled<br>
<br>
164. Use of hazardous substances<br>
<br>
165. Employer to provide health surveillance<br>
<br>
166. Medical practitioner to notify results of health surveillance<br>
<br>
167. Employer to keep register of hazardous substances<br>
<br>
168. Employer to record risk assessments<br>
<br>
169. Employer to keep record of employees exposed to carcinogenic substances<br>
<br>
170. Employer to provide statement to employees exposed to carcinogenic<br>
substances<br>
<br>
171. Employer to retain certain material as record<br>
<br>
172. Medical practitioner to retain records<br>
<br>
173. Employer to identify hazardous substances in enclosed systems<br>
<br>
174. Employer to provide information<br>
<br>
CHAPTER 6A - DANGEROUS GOODS<br>
____<br>
PART 6A.1 - PRELIMINARY<br>
174A. Meaning of “dangerous goods�?<br>
<br>
174B. Definitions<br>
<br>
174C. Dangerous goods to which section 135A of the Act applies<br>
<br>
174D. Application of Chapter<br>
<br>
174E. Non-application of Chapter<br>
<br>
PART 6A.2 - MANUFACTURE, IMPORT AND SUPPLY OF DANGEROUS GOODS<br>
____<br>
Division 1 - General<br>
174F. Application—importers to ensure manufacturers�?responsibilities are<br>
met<br>
<br>
174G. Manufacturer to identify dangerous goods<br>
<br>
174H. Packing and labelling by manufacturer<br>
<br>
174I. Restrictions on supply<br>
<br>
Division 2 - Material safety data sheets<br>
174J. Manufacturer to prepare material safety data sheet<br>
<br>
174K. Manufacturer to provide MSDS<br>
<br>
174L. Manufacturer to disclose ingredients to medical practitioner<br>
<br>
174M. Supplier to provide MSDS<br>
<br>
PART 6A.3 - OBLIGATIONS OF OCCUPIERS<br>
Division 1 - Preliminary<br>
174N. Definitions<br>
<br>
Division 2 - Hazard identification and risk assessment<br>
174O. Duties in relation to dangerous goods<br>
<br>
174P. Extension of hazard identification and risk assessment provisions<br>
<br>
174Q. Risk assessment<br>
<br>
Division 3 - Particular risk control measures<br>
Subdivision 1 - Stability and interaction with dangerous goods<br>
174R. Stability of dangerous goods<br>
<br>
174S. Separation of dangerous goods<br>
<br>
174T. Preventing interaction with other substances<br>
<br>
174U. Ignition sources in hazardous areas<br>
<br>
174V. Atmospheric emissions<br>
<br>
174W. Preventing contamination of food and personal products<br>
<br>
174X. Containers for dangerous goods in bulk<br>
<br>
174Y. Containment of spills<br>
<br>
174Z. Transfer of dangerous goods<br>
<br>
174ZA. Impact protection<br>
<br>
Subdivision 2 - Preparedness for emergencies<br>
174ZB. Fire protection<br>
<br>
174ZC. Planning for emergencies<br>
<br>
Subdivision 3 - Safety equipment and safe access<br>
174ZD. Safety equipment<br>
<br>
174ZE. Safe access<br>
<br>
Subdivision 4 - Plant, equipment and containers<br>
174ZF. Cleaning or decommissioning plant, equipment and containers<br>
<br>
Subdivision 5 - Provision of information<br>
174ZG. Occupier to obtain MSDS<br>
<br>
174ZH. Occupier to ensure containers are labelled and enclosed systems are<br>
identified<br>
<br>
Subdivision 6 - Placards<br>
174ZI. Commencement of Subdivision<br>
<br>
174ZJ. Outer warning placards<br>
<br>
174ZK. Other placarding requirements<br>
<br>
174ZL. Different location permitted<br>
<br>
174ZM. Revision<br>
<br>
Subdivision 7 - Manifests<br>
174ZN. Manifest to be maintained<br>
<br>
Subdivision 8 - Serious incidents and other incidents<br>
____<br>
174ZO. Response to serious incidents and other incidents<br>
<br>
174ZP. Investigation of serious incidents and other incidents<br>
<br>
174ZQ. Risk assessment and control following serious incidents and other<br>
incidents<br>
<br>
174ZR. Information may be requested<br>
<br>
Subdivision 9 - Notification<br>
174ZS. Notification to WorkCover<br>
<br>
Subdivision 10 - Miscellaneous<br>
174ZT. Security at premises<br>
<br>
174ZU. Lighting<br>
<br>
PART 6A.4 - OBLIGATIONS OF EMPLOYERS<br>
174ZV. Employer to retain records of induction and training<br>
<br>
174ZW. Employer to keep register of dangerous goods<br>
<br>
174ZX. Employer to record risk assessments<br>
<br>
PART 6A.5 - SPECIFIC PROVISIONS APPLYING TO ALL DANGEROUS GOODS TO WHICH<br>
SECTION 135A OF ACT APPLIES<br>
174ZY. Application<br>
<br>
174ZZ. Self-service fuel dispensing units<br>
<br>
174ZZA. Fuel dispensing units generally<br>
<br>
174ZZB. Positioning of liquefied gas cylinders<br>
<br>
174ZZC. Valves<br>
<br>
174ZZD. Filling of balloons and other containers<br>
<br>
174ZZE. Decommissioning of LPG tanks<br>
<br>
CHAPTER 6B - MAJOR HAZARD FACILITIES<br>
PART 6B.1 - PRELIMINARY<br>
175. Application<br>
<br>
175A. Definitions<br>
<br>
175B. Dangerous goods to which section 135A of the Act applies<br>
<br>
PART 6B.2 - HAZARD IDENTIFICATION AND RISK ASSESSMENT<br>
175C. Extension of hazard identification and risk assessment provisions<br>
<br>
175D. Regular risk assessments<br>
<br>
PART 6B.3 - DUTIES IN RELATION TO MAJOR HAZARD FACILITIES<br>
175E. Duties in relation to major accidents at major hazard facilities<br>
<br>
PART 6B.4 - NOTIFICATION REGARDING OPERATION OF MAJOR HAZARD FACILITIES AND<br>
POTENTIAL MAJOR HAZARD FACILITIES<br>
175F. Notification by operators and intended operators of major hazard<br>
facilities and potential major hazard facilities<br>
<br>
175G. Content of notification<br>
<br>
175H. WorkCover may request further information<br>
<br>
175I. Notification of change of operator of major hazard facility or potential<br>
major hazard facility<br>
<br>
175J. Notification assessment fee<br>
<br>
PART 6B.5 - WORKCOVER MAY DETERMINE POTENTIAL MAJOR HAZARD FACILITIES TO BE<br>
MAJOR HAZARD FACILITIES<br>
175K. WorkCover may determine a potential major hazard facility to be a major<br>
hazard facility<br>
<br>
PART 6B.6 - PROVISIONAL REGISTRATION AND REGISTRATION OF MAJOR HAZARD<br>
FACILITIES<br>
Division 1 - Major hazard facility must be registered<br>
175L. Major hazard facility must be registered or provisionally registered<br>
<br>
Division 2 - Provisional registration<br>
175M. WorkCover may provisionally register major hazard facilities<br>
<br>
175N. Duration of provisional registration<br>
<br>
175O. Provisional registration subject to conditions<br>
<br>
175P. Conditions of provisional registration<br>
<br>
Division 3 - Registration of major hazard facilities<br>
175Q. Application for registration<br>
<br>
175R. WorkCover may register major hazard facilities<br>
<br>
175S. Duration of registration<br>
<br>
175T. Registration subject to conditions<br>
<br>
175U. Conditions of registration<br>
<br>
175V. Renewal of registration<br>
<br>
Division 4 - Provisions relating to both provisional registration and<br>
registration of major hazard facilities<br>
175W. Suspension and cancellation<br>
<br>
PART 6B.7 - DUTIES OF EMPLOYEES AT MAJOR HAZARD FACILITIES<br>
175X. Duties of employees at major hazard facilities<br>
<br>
PART 6B.8 - MISCELLANEOUS<br>
175Y. Recording of major accidents, near misses and security breaches<br>
<br>
175Z. Security<br>
<br>
175ZA. Informing, instructing and training employees<br>
<br>
175ZB. Non-employees at the facility<br>
<br>
175ZC. Operator to retain records of training<br>
<br>
175ZD. Records<br>
<br>
175ZE. Providing relevant information to other authorities<br>
<br>
175ZF. Co-ordination of plans and reports<br>
<br>
CHAPTER 7 - HAZARDOUS PROCESSES<br>
____<br>
PART 7.1 - SPRAY PAINTING<br>
176. Definitions<br>
<br>
176A. Application<br>
<br>
177. Spray painting in spray booths—particular risk control measures<br>
<br>
178. Spray painting outside spray booths—particular risk control measures<br>
<br>
179. Electrostatic spray painting—particular risk control measures<br>
<br>
PART 7.2 - ABRASIVE BLASTING<br>
180. Definitions<br>
<br>
181. Application<br>
<br>
182. Abrasive blasting—particular risk control measures<br>
<br>
183. Supply of respirators and personal protective equipment<br>
<br>
184. Control of substances used in abrasive blasting<br>
<br>
PART 7.3 - WELDING<br>
185. Definition<br>
<br>
186. Application<br>
<br>
187. Exposure to atmospheric contaminants and other hazards—particular risk<br>
control measures<br>
<br>
188. Supply of respirators<br>
<br>
189. Ultraviolet radiation—particular risk control measures<br>
<br>
PART 7.4 - ELECTROPLATING<br>
190. Definition<br>
<br>
191. Application<br>
<br>
192. Exposure to atmospheric contaminants and other hazards—particular risk<br>
control measures<br>
<br>
193. Labelling of containers<br>
<br>
194. Cyanide—particular risk control measures<br>
<br>
PART 7.5 - MOLTEN METAL<br>
195. Definitions<br>
<br>
196. Application<br>
<br>
197. Atmospheric contaminants and other hazards—particular risk control<br>
measures<br>
<br>
198. Exposure to radiation—particular risk control measures<br>
<br>
PART 7.6 - LEAD PROCESSES AND LEAD RISK WORK<br>
199. Definitions<br>
<br>
200. Application<br>
<br>
201. Employer to control risks from lead<br>
<br>
202. Biological monitoring and health surveillance<br>
<br>
203. Employer to remove certain employees from lead risk work<br>
<br>
204. Pregnant or breastfeeding employee to advise employer<br>
<br>
PART 7.7 - ELECTRICAL WORK<br>
____<br>
205. Definitions<br>
<br>
206. Application<br>
<br>
207. Electrical work on electrical installations—safety measures<br>
<br>
208. Electrical testing on electrical installations—safety measures<br>
<br>
CHAPTER 8 - CONSTRUCTION WORK<br>
____<br>
PART 8.1 - PRELIMINARY<br>
209. Definitions<br>
<br>
210. Appointment of principal contractor<br>
<br>
211. Cost of construction work<br>
<br>
PART 8.2 - OHS INDUCTION TRAINING—CONSTRUCTION WORK<br>
____<br>
212. Definitions<br>
<br>
212A. Application to mining workplaces and coal workplaces<br>
<br>
213. Principal contractors to ensure that OHS induction training undertaken<br>
<br>
214. Employers to ensure OHS induction training undertaken<br>
<br>
215. Self-employed persons to undergo OHS induction training<br>
<br>
215A. Holder of OHS construction induction training card to produce card<br>
<br>
216. OHS induction training<br>
<br>
217. Approval of RTO and persons nominated to conduct general induction<br>
training<br>
<br>
217A. (Repealed)<br>
<br>
218. Suspension and cancellation of approval<br>
<br>
219. (Repealed)<br>
<br>
220. Statements of OHS induction training<br>
<br>
220A. OHS construction induction training cards<br>
<br>
220B. Replacement of lost, stolen, damaged or destroyed OHS construction<br>
induction training cards<br>
<br>
220C. Cancellation of OHS construction induction training cards<br>
<br>
221. Former OHS induction training certificates<br>
<br>
222. Lapsing of currency of OHS training and OHS training statements<br>
<br>
223. Principal contractors and employers to keep records<br>
<br>
PART 8.3 - SPECIAL WORKPLACE ARRANGEMENTS FOR CONSTRUCTION WORK<br>
____<br>
224. Definition<br>
<br>
225. Responsibilities of contractors to be in addition to responsibilities as<br>
employers<br>
<br>
226. Responsibility of principal contractor to prepare an OHS management plan<br>
<br>
227. Responsibility to provide safe work method statements—principal<br>
contractor and sub-contractors<br>
<br>
228. Responsibility of principal contractor to keep register of hazardous<br>
substances<br>
<br>
229. Responsibilities of sub-contractors<br>
<br>
PART 8.4 - CONTROL OF RISKS ARISING DURING CONSTRUCTION WORK<br>
230. Application<br>
<br>
231. Overhead protective structures—particular risk control measures<br>
<br>
232. Safe means of lowering materials—particular risk control measures<br>
<br>
233. Formwork—particular risk control measures<br>
<br>
234. Prevention of structural collapse—particular risk control measures<br>
<br>
235. Site security—particular risk control measures<br>
<br>
236. Use of compressed air—particular risk control measures<br>
<br>
237. Laser work<br>
<br>
PART 8.5 - EXCAVATION WORK—PARTICULAR PROVISIONS<br>
238. Definition<br>
<br>
239. Application<br>
<br>
240. Protection of stability of excavation work—particular risk control<br>
measures<br>
<br>
241. Potential risks arising from excavation work—particular risk control<br>
measures<br>
<br>
242. Regular inspection mandatory for excavations of 1 metre or<br>
more—particular risk control measures<br>
<br>
243. Caissons and cofferdams—particular risk control measures<br>
<br>
244. Supervision<br>
<br>
245. Safe access and egress<br>
<br>
PART 8.6 - DEMOLITION WORK—PARTICULAR PROVISIONS<br>
246. Definitions<br>
<br>
247. Work to be done in accordance with Australian Standard and this Part<br>
<br>
248. Investigations<br>
<br>
249. Carrying out demolition work<br>
<br>
250. Working in or below building being demolished<br>
<br>
251. Buildings adjacent to public places<br>
<br>
252. Demolition within confines of building<br>
<br>
253. Overhead protective structures<br>
<br>
254. Scaffolding<br>
<br>
255. Demolition of chimney stacks<br>
<br>
256. Notification of dangerous work<br>
<br>
PART 8.7 - ASBESTOS—PARTICULAR PROVISIONS<br>
257. Definitions<br>
<br>
258. Application<br>
<br>
259. Particular risk control measures<br>
<br>
260. Friable asbestos material<br>
<br>
261. Monitoring<br>
<br>
PART 8.8 - DIVING WORK—PARTICULAR PROVISIONS<br>
262. Definition<br>
<br>
263. Application<br>
<br>
264. Particular risk control measures<br>
<br>
CHAPTER 9 - CERTIFICATION OF WORKERS<br>
PART 9.1A - LICENCES FOR HIGH RISK WORK<br>
Division 1 - Preliminary<br>
264A. Definitions<br>
<br>
264B. High risk work<br>
<br>
264C. Application of Part<br>
<br>
264D. Manner of giving written notice<br>
<br>
264E. Recognised qualifications<br>
<br>
Division 2 - Work for which licences or recognised qualifications are required<br>
264F. Requirement to be qualified to do high risk work<br>
<br>
264G. Exception for trainees<br>
<br>
264H. Trainee’s obligations—record of training and assessment<br>
<br>
264I. Exception for holders of notices of satisfactory assessment<br>
<br>
264J. Exception for maintenance or demonstration<br>
<br>
Division 3 - Assessment of competency<br>
264K. Applications for assessment<br>
<br>
264L. Assessment of competency<br>
<br>
264M. Assessment guidelines<br>
<br>
264N. Appeals against the outcome of assessments<br>
<br>
264O. Assessment of competency at direction of WorkCover<br>
<br>
Division 4 - Approval of registered training organisations<br>
264P. Approval of RTO and persons nominated as providers of high risk work<br>
assessments<br>
<br>
264Q. Suspension and cancellation of approval<br>
<br>
Division 5 - Issue of licences<br>
264R. Applications for licences<br>
<br>
264S. Issue of licences<br>
<br>
264T. Form of licences<br>
<br>
264U. Term of licences<br>
<br>
264V. Renewal of licences<br>
<br>
264W. Replacement of lost, stolen, damaged or destroyed licences<br>
<br>
264X. Holder to produce licence<br>
<br>
Division 6 - Suspension or cancellation of licences<br>
264Y. Suspension or cancellation of licences<br>
<br>
264Z. Immediate suspension<br>
<br>
264ZA. Cancelled licences must be surrendered<br>
<br>
Division 7 - Savings and transitional provision<br>
264ZB. Saving of certain certificates of competency<br>
<br>
PART 9.1 - CERTIFICATES OF COMPETENCY FOR PESTICIDES, FUMIGANTS AND CERTAIN<br>
LOADSHIFTING MACHINES<br>
Division 1 - Preliminary<br>
265. Definitions<br>
<br>
266. Scheduled work<br>
<br>
267. Application of Part<br>
<br>
267A. Manner of giving written notice<br>
<br>
268. Former authorities<br>
<br>
269. Recognised qualifications<br>
<br>
Division 2 - Work for which certificates of competency or recognised<br>
qualifications are required<br>
270. Requirement to be qualified to do scheduled work<br>
<br>
271. Exception for trainees<br>
<br>
272. Responsibility for providing supervision of trainees<br>
<br>
273. Responsible person’s obligations<br>
<br>
274. Supervisor’s obligations<br>
<br>
275. Trainee’s obligations<br>
<br>
276. Exception for holders of notices of satisfactory assessment<br>
<br>
277. Exception for maintenance or demonstration<br>
<br>
Division 3 - Assessment of competency<br>
278. Standards of competency<br>
<br>
279. (Repealed)<br>
<br>
280. Applications for assessment<br>
<br>
281. Assessment of competency<br>
<br>
282. Assessment guidelines<br>
<br>
283. Appeals against decisions by assessors<br>
<br>
283A. Assessment of competency at direction of WorkCover<br>
<br>
Division 4 - Accreditation of assessors<br>
284. Accreditation of assessors<br>
<br>
285. Form of certificates of accreditation<br>
<br>
286. Term of accreditation<br>
<br>
287. Suspension and cancellation of accreditation<br>
<br>
287A. Immediate suspension<br>
<br>
288. Cancelled certificates of accreditation must be surrendered<br>
<br>
Division 5 - Issue of certificates of competency<br>
289. Applications for certificates<br>
<br>
290. Issue of certificates<br>
<br>
291. (Repealed)<br>
<br>
292. Form of certificates<br>
<br>
293. Term of certificates<br>
<br>
293A. Renewal of certificates<br>
<br>
294. Replacement of lost, stolen, damaged or destroyed certificates of<br>
competency<br>
<br>
295. Holder to produce certificate<br>
<br>
Division 6 - Suspension or cancellation of certificates of competency<br>
296. Suspension or cancellation of certificates<br>
<br>
297. Immediate suspension<br>
<br>
298. Cancelled certificates must be surrendered<br>
<br>
PART 9.2 - (Repealed)<br>
None<br>
<br>
CHAPTER 10 - LICENSING OF CERTAIN BUSINESSES<br>
PART 10.1 - PRELIMINARY<br>
317. Definitions<br>
<br>
PART 10.2 - LICENCES REQUIRED FOR DEMOLITION OR ASBESTOS REMOVAL WORK<br>
318. Licensed work not to be carried on without a licence<br>
<br>
PART 10.3 - PROVISIONS RELATING TO LICENCES<br>
____<br>
319. Applications for licences or renewals<br>
<br>
320. Eligibility for licence<br>
<br>
321. Determination of applications<br>
<br>
322. Notice of refusal<br>
<br>
323. Term of licences<br>
<br>
324. Licence fees<br>
<br>
325. Condition of licence relating to supervision<br>
<br>
326. Amendment of conditions of licences<br>
<br>
327. Licences to be displayed<br>
<br>
328. Suspension or cancellation of licences<br>
<br>
329. Cancelled licences to be returned to WorkCover<br>
<br>
PART 10.4 - (Repealed)<br>
None<br>
<br>
CHAPTER 10A - REGISTRATION OF CLOTHING FACTORIES<br>
PART 10A.1 - PRELIMINARY<br>
330A. Definitions<br>
<br>
PART 10A.2 - REGISTRATION<br>
330B. Clothing factories to be registered<br>
<br>
330C. Registration of clothing factories<br>
<br>
330D. Change in use of clothing factory or in occupier details<br>
<br>
330E. Replacement certificate<br>
<br>
330F. Certificate of registration to be displayed<br>
<br>
PART 10A.3 - MISCELLANEOUS<br>
330G. Manner of giving applications and notices<br>
<br>
330H. Public register<br>
<br>
PART 10A.4 - SAVINGS AND TRANSITIONAL PROVISIONS<br>
330I. Savings and transitional provisions<br>
<br>
CHAPTER 11 - PERMITS FOR CERTAIN WORK<br>
PART 11.1 - PRELIMINARY<br>
331. Definitions<br>
<br>
PART 11.2 - PERMITS REQUIRED FOR DEMOLITION OR FRIABLE ASBESTOS REMOVAL WORK<br>
332. Demolition work or friable asbestos removal work not to be done without a<br>
permit<br>
<br>
PART 11.3 - PROVISIONS RELATING TO PERMITS<br>
____<br>
333. Applications for permits<br>
<br>
334. Determination of applications<br>
<br>
335. Term of permits<br>
<br>
336. Amendment of conditions of permits<br>
<br>
337. Permits to be displayed<br>
<br>
338. Suspension and cancellation of permits<br>
<br>
339. Cancelled permits to be returned to WorkCover<br>
<br>
PART 11.4 - SAVINGS AND TRANSITIONAL PROVISIONS<br>
340. Savings and transitional provisions<br>
<br>
CHAPTER 12 - MISCELLANEOUS<br>
PART 12.1 - NOTIFICATION OF ACCIDENTS AND OTHER MATTERS<br>
341. Notification of incidents—additional incidents to be notified<br>
<br>
341A. How notice of incidents is to be given<br>
<br>
342. Variation of obligations under section 86 of the Act—employers to notify<br>
WorkCover of incidents<br>
<br>
343. Retention of records of notice acknowledgement<br>
<br>
PART 12.2 - PRESCRIPTION OF ADDITIONAL SERIOUS INCIDENTS<br>
344. Non-disturbance of places and plant involved in serious<br>
incidents—additional serious incidents<br>
<br>
PART 12.3 - NOTIFICATIONS OF PROPOSED WORK<br>
345. Proposed work in respect of which notice is required<br>
<br>
346. WorkCover or Department Head (Mining) to be notified of any reviews of<br>
risk assessments<br>
<br>
PART 12.4 - EXEMPTIONS<br>
347. Exemptions for particular persons on application<br>
<br>
348. Exemptions for classes of persons or things<br>
<br>
349. Registers of exemptions<br>
<br>
350. (Repealed)<br>
<br>
PART 12.5 - REVIEWS OF DECISIONS<br>
351. Decisions subject to review by the Administrative Decisions Tribunal:<br>
section 36 of the Act<br>
<br>
PART 12.6 - PENALTY NOTICE OFFENCES<br>
352. (Repealed)<br>
<br>
353. Penalty notice offences and penalties<br>
<br>
354. Authorised officers<br>
<br>
355. (Repealed)<br>
<br>
PART 12.7 - OTHER MISCELLANEOUS PROVISIONS<br>
356. False or misleading information in applications<br>
<br>
357. Additional officers authorised to consent to the institution of<br>
proceedings for offences<br>
<br>
358. Application of Act to mining workplaces and coal workplaces: references to<br>
WorkCover<br>
<br>
358A. Sharing of information between WorkCover and Department of Industry and<br>
Investment<br>
<br>
359. Continuation of former OHS shop provisions<br>
<br>
360. Notes<br>
<br>
361. Transitional application of sentencing guideline provisions<br>
<br>
362. Savings and transitional provisions<br>
<br>
<br>
SCHEDULE 1<br>
SCHEDULE 2<br>
SCHEDULE 3<br>
Schedule 4A (Repealed)<br>
SCHEDULE 5<br>
SCHEDULE 6<br>
SCHEDULE 7<br>
SCHEDULE 8<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 1<br>
Name of Regulation<br>
 <br>
 <br>
1 Name of Regulation<br>
This Regulation is the Occupational Health and Safety Regulation 2001.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 2<br>
Commencement<br>
 <br>
 <br>
2 Commencement<br>
This Regulation commences on the commencement of the Act.<br>
     Date of commencement: 1.9.2001—see Gazette No 129 of 24.8.2001,<br>
     page 6186.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 3<br>
Definitions<br>
 <br>
 <br>
3 Definitions<br>
     (1) In this Regulation:<br>
     "ADG Code" means the Australian Code for the Transport of Dangerous<br>
     Goods by Road and Rail approved by the Ministerial Council for Road<br>
     Transport and published by the Australian Government from time to<br>
     time.<br>
     "approved form" means the form approved for the time being for the<br>
     purposes of the provision in which the expression is used:<br>
          (a) by WorkCover—in relation to a place of work that is<br>
          not a mining workplace or a coal workplace, or<br>
          (b) by the Department Head (Mining)—in relation to a<br>
          place of work that is a mining workplace or a coal<br>
          workplace.<br>
     "authorised medical practitioner" means a medical practitioner<br>
     authorised by WorkCover, or authorised by another body or under a<br>
     scheme approved by WorkCover, to perform health surveillance for the<br>
     purposes of this Regulation.<br>
     "building" includes a structure, and includes part of a building or<br>
     structure.<br>
     "chemical name" of a substance means a recognised chemical name of<br>
     the substance that is generally used in scientific or technical<br>
     texts.<br>
     "competent person" for any task means a person who has acquired<br>
     through training, qualification or experience, or a combination of<br>
     them, the knowledge and skills to carry out that task.<br>
     "construction work" means any of the following:<br>
          (a) building, including the construction (including the<br>
          manufacturing of prefabricated elements of a building at<br>
          the place of work concerned), alteration, renovation,<br>
          repair, maintenance and demolition of all types of<br>
          buildings,<br>
          (b) civil engineering, including the construction,<br>
          structural alteration, repair, maintenance and demolition<br>
          of, for example, airports, docks, harbours, inland<br>
          waterways, dams, river and avalanche and sea defence works,<br>
          roads and highways, railways, bridges and tunnels,<br>
          viaducts, and works related to the provision of services<br>
          such as communications, drainage, sewerage, water and<br>
          energy supplies,<br>
          (c) excavation conducted for the purposes of building or<br>
          civil engineering, including the excavation or filling of<br>
          trenches, ditches, shafts, wells, tunnels and pier holes,<br>
          and the use of caissons and cofferdams, but not excavation<br>
          work at a coal workplace or mining workplace for the<br>
          purposes of extracting minerals or quarry product.<br>
     "consumer package" means a container that is intended for retail<br>
     display and sale, and includes a container that is transported and<br>
     distributed as part of a larger consolidated container that consists<br>
     of a number of identical consumer packages.<br>
     "dangerous goods", except in Chapter 6A, has the same meaning as in<br>
     the ADG Code.<br>
     "Department Head (Mining)" means the Director-General of the<br>
     Department of Industry and Investment.<br>
     "emergency service" includes any of the following:<br>
          (a) the Ambulance Service of New South Wales,<br>
          (b) New South Wales Fire Brigades,<br>
          (c) the NSW Rural Fire Service,<br>
          (d) the NSW Police Force,<br>
          (e) the State Emergency Service,<br>
          (f) the New South Wales Volunteer Rescue Association<br>
          Incorporated,<br>
          (g) an accredited rescue unit within the meaning of the<br>
          State Emergency and Rescue Management Act 1989.<br>
     "employer" includes self-employed person in Chapters 2, 4, 5, 6, 6A,<br>
     7 and 8.<br>
     "former Act" means the Occupational Health and Safety Act 1983.<br>
     "generic name" of a substance means a name that describes the<br>
     category or group of chemicals to which the substance belongs (for<br>
     example, azo dyes or halogenated aromatic amines).<br>
     "hazard" means anything (including work practices or procedures) that<br>
     has the potential to harm the health or safety of a person.<br>
     "hazardous substance" means a substance that:<br>
          (a) is listed in the document entitled �?List of<br>
          Designated Hazardous Substances [NOHSC: 10005 (1999)] �?<br>
          published by the NOHS Commission, as in force from time to<br>
          time, or<br>
          (b) fits the criteria for a hazardous substance set out in<br>
          the document entitled �?Approved Criteria for Classifying<br>
          Hazardous Substances [NOHSC: 1008 (1999)] �? published by<br>
          the NOHS Commission, as in force from time to time.<br>
     "health practitioner" means a health practitioner within the meaning<br>
     of the Health Care Complaints Act 1993.<br>
     "height" of a building means the height measured from ground level to<br>
     its highest part.<br>
     "ingredient" means any component of a substance, and includes any<br>
     impurity that is mixed in with the substance.<br>
     "LEL (lower explosive limit)" means the concentration of flammable<br>
     gas or vapour in air below which the gas atmosphere is not explosive.<br>
     "mine" means a place of work that is a mine within the meaning of the<br>
     Mine Health and Safety Act 2004.<br>
     "NOHS Commission" means the National Occupational Health and Safety<br>
     Commission of the Commonwealth.<br>
     "penalty levels" —see subclause (2).<br>
     "product name" of a substance means the brand name, trade name, code<br>
     name or code number specified by the supplier of the substance.<br>
     "public place" means a public road or any other place to which the<br>
     public, whether on payment of a fee or otherwise, ordinarily has<br>
     access.<br>
     "record" includes any form in which information is stored on a<br>
     permanent basis or from which information may be reproduced.<br>
     "retail warehouse operator" means a person who operates a warehouse<br>
     at which unopened packaged goods intended for retail sale are held,<br>
     but does not include a retailer.<br>
     "retailer" means a person who sells goods to members of the public<br>
     who are not themselves engaged in any further resale of those goods.<br>
     "risk phrase", in relation to a substance, means a phrase that<br>
     describes the hazards of the substance, as referred to in the<br>
     document entitled List of Designated Hazardous Substances [NOHSC:<br>
     10005 (1999)] published by the NOHS Commission, as in force from time<br>
     to time.<br>
     "safety phrase", in relation to a substance, means a phrase that<br>
     describes the procedures for the safe handling or storage of the<br>
     substance, or the use of personal protective equipment in conjunction<br>
     with the substance, as referred to in the document entitled List of<br>
     Designated Hazardous Substances [NOHSC: 10005 (1999)] published by<br>
     the NOHS Commission, as in force from time to time.<br>
     "substance" means any natural or artificial entity, composite<br>
     material, mixture or formulation, other than something (that is not a<br>
     fluid or particle) that:<br>
          (a) is formed during production to a specific shape or<br>
          design, or to have a specific surface, and<br>
          (b) has an end use that depends in whole or in part on its<br>
          shape, design or surface, and<br>
          (c) undergoes no change in chemical composition or physical<br>
          state during its end use, except as an intrinsic aspect of<br>
          that end use.<br>
          Note: In a number of publications relating to hazardous<br>
          substances the things that are excluded from the definition<br>
          of "substance" are called “articles�?.<br>
     "the Act" means the Occupational Health and Safety Act 2000.<br>
     "WorkCover" means the WorkCover Authority constituted under the<br>
     Workplace Injury Management and Workers Compensation Act 1998.<br>
          Note: Other relevant definitions are contained in the Act<br>
          and the Interpretation Act 1987. They include the<br>
          following:<br>
          "coal workplace" means a place of work to which the Coal<br>
          Mine Health and Safety Act 2002 applies.<br>
          "employee" means an individual who works under a contract<br>
          of employment or apprenticeship.<br>
          "employer" means a person who employs persons under<br>
          contracts of employment or apprenticeship.<br>
          "mining workplace" means a place of work:<br>
               (a) that is a mine within the meaning of the Mine<br>
               Health and Safety Act 2004, or<br>
               (b) at which activities under the Petroleum<br>
               (Onshore) Act 1991 or the Petroleum (Submerged<br>
               Lands) Act 1982 are carried out.<br>
          "occupier" of premises includes:<br>
               (a) a person who, for the time being, has (or<br>
               appears to have) the charge, management or<br>
               control of the premises, or<br>
               (b) a person who, for the time being, is in<br>
               charge (or appears to be in charge) of any<br>
               operation being conducted on the premises.<br>
          "place of work" means premises where persons work.<br>
          "plant" includes any machinery, equipment or appliance.<br>
          "premises" includes any place, and in particular includes:<br>
               (a) any land, building or part of any building,<br>
               or<br>
               (b) any vehicle, vessel or aircraft, or<br>
               (c) any installation on land, on the bed of any<br>
               waters or floating on any waters, or<br>
               (d) any tent or movable structure.<br>
          "self-employed person" means a person who works for gain or<br>
          reward otherwise than under a contract of employment or<br>
          apprenticeship, whether or not employing others.<br>
          "work" means work as an employee or as a self-employed<br>
          person.<br>
          The Interpretation Act 1987 also provides that expressions<br>
          defined for the purposes of this Regulation apply except in<br>
          so far as the context or subject-matter otherwise indicates<br>
          or requires.<br>
     (2) The following levels of penalty apply for the purposes of<br>
     determining the maximum penalty for an offence against a provision of<br>
     this Regulation, and references in this Regulation to those levels<br>
     are to be construed accordingly:<br>
          (a) Level 1�?0 penalty units,<br>
          (b) Level 2�?0 penalty units,<br>
          (c) Level 3�?00 penalty units,<br>
          (d) Level 4�?50 penalty units.<br>
          Note: At the time of making this Regulation, each penalty<br>
          unit was $110—see section 17 of the Crimes (Sentencing<br>
          Procedure) Act 1999.<br>
     (3) In this Regulation, a reference to an Australian Standard is a<br>
     reference to an Australian Standard (AS) or an Australian/New Zealand<br>
     Standard (AS/NZS) published by Standards Australia in the year<br>
     referred to in the citation of the Standard, as in force from time to<br>
     time.<br>
     (4) If WorkCover has indicated, by notice in writing, that it is<br>
     satisfied that another standard provides an equivalent standard of<br>
     safety to an Australian Standard or an Australian/New Zealand<br>
     Standard, that other standard may be applied instead for the purposes<br>
     of the relevant provision of this Regulation, but only to the extent<br>
     that it applies to a place of work that is not a mining workplace or<br>
     a coal workplace.<br>
     (4A) If the Department Head (Mining) has indicated, by notice in<br>
     writing, that he or she is satisfied that another standard provides<br>
     an equivalent standard of safety to an Australian Standard or an<br>
     Australian/New Zealand Standard, that other standard may be applied<br>
     instead for the purposes of the relevant provision of this<br>
     Regulation, but only to the extent that it applies to a place of work<br>
     that is a mining workplace or a coal workplace.<br>
     (5) If there is an inconsistency between a provision of this<br>
     Regulation and a provision of an Australian Standard or another<br>
     standard referred to in this Regulation, the provision of this<br>
     Regulation prevails.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 4<br>
Application of Regulation<br>
 <br>
 <br>
4 Application of Regulation<br>
     (1) This Regulation applies to all places of work (including all<br>
     mining workplaces and coal workplaces), except as provided by this<br>
     Regulation.<br>
     (2) Chapter 5 applies to plant affecting public safety, whether or<br>
     not the plant is at a place of work or for use at work.<br>
     Note: Part 2 of the Act imposes general obligations on employers and<br>
     other persons and creates offences for breaches of those obligations.<br>
     This Regulation imposes additional obligations on those persons and<br>
     on others. Section 29 of the Act provides that compliance with the<br>
     regulations is not in itself a defence in any proceedings for an<br>
     offence against Part 2 of the Act (subject to any regulations that<br>
     modify Part 2), but also provides that a relevant contravention of<br>
     the regulations is admissible in evidence in any proceedings for an<br>
     offence against Part 2.<br>
     This Regulation applies to all mining workplaces and coal workplaces,<br>
     except where specific provisions are expressed to not apply or to<br>
     apply with modifications. In accordance with section 133 of the Act,<br>
     clause 358 provides that references in certain provisions of the Act<br>
     to WorkCover, in connection with the application of the provisions to<br>
     a mining workplace or a coal workplace, are taken to be references to<br>
     the Department of Industry and Investment, the Director-General of<br>
     that Department (called the “Department Head (Mining)�? in this<br>
     Regulation or certain inspectors appointed in connection with mining<br>
     workplaces or coal workplaces.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 5<br>
Meaning of “control�? of risks<br>
 <br>
 <br>
5 Meaning of “control�? of risks<br>
     (1) For the purposes of this Regulation, an obligation to "control" a<br>
     risk to health or safety (in any case in which the elimination of the<br>
     risk is not reasonably practicable) is an obligation to take the<br>
     following measures (in the order specified) to minimise the risk to<br>
     the lowest level reasonably practicable:<br>
          (a) firstly, substituting the hazard giving rise to the<br>
          risk with a hazard that gives rise to a lesser risk,<br>
          (b) secondly, isolating the hazard from the person put at<br>
          risk,<br>
          (c) thirdly, minimising the risk by engineering means,<br>
          (d) fourthly, minimising the risk by administrative means<br>
          (for example, by adopting safe working practices or<br>
          providing appropriate training, instruction or<br>
          information),<br>
          (e) fifthly, using personal protective equipment.<br>
     (2) A combination of the above measures is required to be taken to<br>
     minimise the risk to the lowest level reasonably practicable if no<br>
     single measure is sufficient for that purpose.<br>
     (3) Any obligation in this Regulation to control a risk by taking<br>
     specific risk control measures, or by taking specific risk control<br>
     measures in a particular order, is in addition to the obligations<br>
     referred to in subclauses (1) and (2).<br>
     Note: For an example in which the above clause applies, see clause 11<br>
     (general obligation of employers and self-employed persons to<br>
     eliminate risks or, if not reasonably practicable to do so, to<br>
     control the risk).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 6<br>
Application of provisions providing for alternative duties if primary duty not<br>
reasonably practicable<br>
 <br>
 <br>
6 Application of provisions providing for alternative duties if primary duty<br>
not reasonably practicable<br>
     (1) This clause applies to any provision of this Regulation that<br>
     imposes a duty, such as a duty to eliminate a risk, on a person (the<br>
     "primary duty"), but provides that if it is not reasonably<br>
     practicable to comply with that duty, the person is required to<br>
     comply with another duty, such as a duty to control the risk (the<br>
     "alternative duty").<br>
          Note: See duties to eliminate risks or, if that is not<br>
          reasonably practicable, to control the risk (clause 11).<br>
          See also particular alternative control measures in clause<br>
          5.<br>
     (2) For the purposes of this Regulation, the primary duty of a person<br>
     is not replaced by the alternative duty unless the person can<br>
     establish that it is not reasonably practicable to comply with the<br>
     primary duty.<br>
     Note: Section 28 of the Act provides a defence if the person can<br>
     establish that it is not reasonably practicable to comply with the<br>
     alternative duty.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 7<br>
Application of provisions of Part 2 of the Act (relating to general duties of<br>
certain persons) to persons having duties under this Regulation<br>
 <br>
 <br>
7 Application of provisions of Part 2 of the Act (relating to general duties of<br>
certain persons) to persons having duties under this Regulation<br>
     (1) Section 10 (3) and (4) of the Act apply to the duties under this<br>
     Regulation of a person who has control of premises used by people as<br>
     a place of work.<br>
          The effect of subclause (1) is to provide that the duties<br>
          under this Regulation of a person who has control of<br>
          premises used by people as a place of work:<br>
               (a) do not apply to premises used only by<br>
               employees of the controller, and (For the duties<br>
               of an employer who is also the controller of the<br>
               premises, see section 8 of the Act and the<br>
               provisions of this Regulation imposing duties on<br>
               employers.)<br>
               (b) do not apply to premises occupied only as a<br>
               private dwelling, and<br>
               (c) end to the means of access to or exit from a<br>
               place of work, and<br>
               (d) apply only if the premises are controlled in<br>
               the course of a trade, business or other<br>
               undertaking (whether for profit or not) of the<br>
               controller.<br>
          If a controller of premises:<br>
               (a) has only limited control of the premises, any<br>
               duty under this Regulation applies only to the<br>
               matters over which the controller has control, or<br>
               (b) is a controller by virtue of having, under a<br>
               contract or lease, an obligation to maintain or<br>
               repair the premises, any duty under this<br>
               Regulation applies only to the matters covered by<br>
               the contract or lease.<br>
     (2) Section 11 (2) and (3) of the Act apply to the duties under this<br>
     Regulation of designers, manufacturers and suppliers of plant and<br>
     substances for use by people at work (other than plant affecting<br>
     public safety).<br>
          The principal effect of subclause (2) is to provide that<br>
          the duties under this Regulation of designers,<br>
          manufacturers and suppliers of plant and substances for use<br>
          by people at work (other than plant affecting public<br>
          safety):<br>
               (a) apply only if the plant or substance is<br>
               designed, manufactured or supplied in the course<br>
               of a trade, business or other undertaking<br>
               (whether for profit or not), and<br>
               (b) apply whether or not the plant or substance<br>
               is exclusively designed, manufactured or supplied<br>
               for use by people at work.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 8<br>
Responsibilities held by more than one responsible person<br>
 <br>
 <br>
8 Responsibilities held by more than one responsible person<br>
If more than one person has a responsibility with respect to a particular<br>
occupational health and safety matter under this Regulation:<br>
     (a) each such person retains responsibility for the matter, and<br>
     (b) the responsibility is to be discharged in a co-ordinated manner.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Chapter 2This Chapter imposes obligations on an employer to identify<br>
foreseeable hazards that may arise from the conduct of the employer’s<br>
undertaking, to assess the risks of those hazards and to eliminate the risks<br>
or, if not reasonably practicable to do so, to control the risks.<br>
<br>
Division 2 of Part 2 of the Act requires an employer to consult with employees<br>
to enable them to contribute to the making of decisions affecting their health,<br>
safety and welfare at work. Among other things, the Division requires such<br>
consultation when risks to health and safety arising from work are assessed and<br>
when decisions are made about the measures to be taken to eliminate or control<br>
risks. (See Chapter 3 of this Regulation for further provisions regarding the<br>
machinery of consultation.)<br>
<br>
This Chapter also applies to self-employed persons (see definition of<br>
<br>
"employer" in clause 3).<br>
<br>
Additional requirements for risk management in relation to specified hazards at<br>
mining workplaces or coal workplaces are provided in the legislation applying<br>
to mining workplaces and coal workplaces (that is, the Mine Health and Safety<br>
Act 2004 and the Coal Mine Health and Safety Act 2002, respectively).<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 9<br>
Employer to identify hazards<br>
 <br>
 <br>
9 Employer to identify hazards<br>
     (1) An employer must take reasonable care to identify any foreseeable<br>
     hazard that may arise from the conduct of the employer’s<br>
     undertaking and that has the potential to harm the health or safety<br>
     of:<br>
          (a) any employee of the employer, or<br>
          (b) any other person legally at the employer’s place of<br>
          work,<br>
     or both.<br>
     (2) In particular (and without limiting the generality of subclause<br>
     (1)), the employer must take reasonable care to identify hazards<br>
     arising from:<br>
          (a) the work premises, and<br>
          (b) work practices, work systems and shift working<br>
          arrangements (including hazardous processes, psychological<br>
          hazards and fatigue related hazards), and<br>
          (c) plant (including the transport, installation, erection,<br>
          commissioning, use, repair, maintenance, dismantling,<br>
          storage or disposal of plant), and<br>
          (c1) dangerous goods (including the storage or handling of<br>
          dangerous goods), and<br>
          (d) hazardous substances (including the production,<br>
          handling, use, storage, transport or disposal of hazardous<br>
          substances), and<br>
          (e) the presence of asbestos installed in a place of work,<br>
          and<br>
          (f) manual handling (including the potential for<br>
          occupational overuse injuries), and<br>
          (g) the layout and condition of a place of work (including<br>
          lighting conditions and workstation design), and<br>
          (h) biological organisms, products or substances, and<br>
          (i) the physical working environment (including the<br>
          potential for any one or more of the following:<br>
               (i) electrocution,<br>
               (ii) drowning,<br>
               (iii) fire or explosion,<br>
               (iv) people slipping, tripping or falling,<br>
               (v) contact with moving or stationary objects,<br>
               (vi) exposure to noise, heat, cold, vibration,<br>
               radiation, static electricity or a contaminated<br>
               atmosphere,<br>
               (vii) the presence of a confined space), and<br>
          (j) the potential for workplace violence.<br>
     (3) An employer must ensure that effective procedures are in place,<br>
     and are implemented, to identify hazards:<br>
          (a) immediately prior to using premises for the first time<br>
          as a place of work, and<br>
          (b) before and during the installation, erection,<br>
          commissioning or alteration of plant in a place of work,<br>
          and<br>
          (c) before changes to work practices and systems of work<br>
          are introduced, and<br>
          (d) before hazardous substances are introduced into a place<br>
          of work, and<br>
          (e) while work is being carried out, and<br>
          (f) when new or additional information from an<br>
          authoritative source relevant to the health or safety of<br>
          the employees of the employer becomes available.<br>
     Maximum penalty: Level 4.<br>
     Note: Other provisions of this Regulation (for example, in Chapters 4<br>
     and 5) impose specific hazard identification requirements on<br>
     particular persons such as controllers of places of work, designers<br>
     and manufacturers of plant and so on.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 10<br>
Employer to assess risks<br>
 <br>
 <br>
10 Employer to assess risks<br>
     (1) An employer must assess the risk of harm to the health or safety<br>
     of the following persons arising from any hazard identified in<br>
     accordance with this Chapter:<br>
          (a) any employee of the employer, or<br>
          (b) any other person legally at the employer’s place of<br>
          work,<br>
     or both.<br>
          Note: Also see clauses 78, 168 and 207 which require<br>
          employers to keep and maintain risk assessment reports in<br>
          relation to confined spaces, record results of risk<br>
          assessments in relation to hazardous substances and prepare<br>
          written risk assessments in respect of electrical work on<br>
          electrical installations.<br>
     Maximum penalty: Level 4.<br>
     Note: Other provisions of this Regulation (for example, in Chapters 4<br>
     and 5) impose more specific risk assessment requirements on<br>
     particular persons such as controllers of places of work, designers<br>
     and manufacturers of plant and so on.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 11<br>
Employer to eliminate or control risks<br>
 <br>
 <br>
11 Employer to eliminate or control risks<br>
     (1) Subject to subclause (2), an employer must eliminate any<br>
     reasonably foreseeable risk to the health or safety of:<br>
          (a) any employee of the employer, or<br>
          (b) any other person legally at the employer’s place of<br>
          work,<br>
     or both, that arises from the conduct of the employer’s<br>
     undertaking.<br>
     (2) If it is not reasonably practicable to eliminate the risk, the<br>
     employer must control the risk.<br>
     (3) An employer must ensure that all measures (including procedures<br>
     and equipment) that are adopted to eliminate or control risks to<br>
     health and safety are properly used and maintained.<br>
     Maximum penalty: Level 4.<br>
     Note: An employer must also comply with any specific risk control<br>
     measures required by this Regulation. In particular see Parts 4.3,<br>
     4.4, 5.4 and 6.4 and Chapters 7 and 8. The Regulation (for example,<br>
     in Part 4.2 and in Chapter 5) also imposes risk control requirements<br>
     on other persons, such as controllers of places of work, designers<br>
     and manufacturers of plant and so on. Clause 5 sets out the order of<br>
     control measures to be taken if it is not reasonably practicable to<br>
     eliminate a risk.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 12<br>
Employer to review risk assessments and control measures<br>
 <br>
 <br>
12 Employer to review risk assessments and control measures<br>
An employer must review a risk assessment, and any measures adopted to control<br>
the risk, whenever:<br>
     (a) there is evidence that the risk assessment is no longer valid, or<br>
     (b) injury or illness results from exposure to a hazard to which the<br>
     risk assessment relates, or<br>
     (c) a significant change is proposed in the place of work or in work<br>
     practices or procedures to which the risk assessment relates.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 13<br>
Employer to provide instruction, training and information<br>
 <br>
 <br>
13 Employer to provide instruction, training and information<br>
     (1) An employer must ensure that each new employee receives induction<br>
     training that covers the following:<br>
          (a) arrangements at the place of work for the management of<br>
          occupational health and safety, including arrangements for<br>
          reporting hazards to management,<br>
          (b) health and safety procedures at the place of work<br>
          relevant to the employee, including the use and maintenance<br>
          of risk control measures,<br>
          (c) how employees can access any health and safety<br>
          information that the employer is required by this<br>
          Regulation to make available to employees,<br>
          (d) any other matter that this Regulation specifies should<br>
          be the subject of induction training and that is relevant<br>
          to the place of work concerned having regard to the<br>
          competence, experience and age of the new employee.<br>
          Maximum penalty: Level 3.<br>
     (2) An employer must ensure that any person who may be exposed to a<br>
     risk to health and safety at the employer’s place of work:<br>
          (a) is informed of the risk, and<br>
          (b) is provided with any information, instruction and<br>
          training necessary to ensure the person’s health and<br>
          safety.<br>
     The information, instruction and training (and the timing of its<br>
     provision) must be commensurate with the risk to health and safety<br>
     concerned.<br>
          Maximum penalty: Level 3.<br>
     (3) An employer must provide persons who have responsibilities with<br>
     respect to the following under this Regulation with all available<br>
     information necessary to enable them to fulfil those<br>
     responsibilities:<br>
          (a) identifying hazards,<br>
          (b) assessing risks arising from those hazards,<br>
          (c) eliminating or controlling those risks,<br>
          (d) monitoring or reviewing risk control measures,<br>
          (e) providing information.<br>
          Maximum penalty: Level 4.<br>
     (4) Nothing in this clause requires an employer to train or instruct<br>
     members of the public in the use of lifts or amusement devices.<br>
     Note: Specific requirements as to the provision of information<br>
     relating to plant and hazardous substances are set out in Chapters 5<br>
     and 6.<br>
     See Part 8.2 in relation to occupational health and safety induction<br>
     training for construction work.<br>
     Clause 171 requires employers to retain records of induction or other<br>
     training provided to employees who are likely to be exposed to<br>
     hazardous substances.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 14<br>
Employer to provide supervision<br>
 <br>
 <br>
14 Employer to provide supervision<br>
     (1) An employer must ensure that the employer’s employees are<br>
     provided with reasonable supervision necessary to ensure the health<br>
     and safety of the employees and any other persons at the employer’s<br>
     place of work.<br>
     (2) The employer must ensure that the supervision is undertaken by a<br>
     competent person.<br>
     (3) In determining the nature and extent of necessary supervision,<br>
     the employer must have regard to the competence, experience and age<br>
     of each employee.<br>
     Maximum penalty: Level 3.<br>
     Note: Specific requirements for supervision in relation to excavation<br>
     work are imposed on employers by Chapter 8.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 15<br>
Provision by an employer of personal protective equipment<br>
 <br>
 <br>
15 Provision by an employer of personal protective equipment<br>
     (1) If measures taken by an employer under clause 11 (2) to control a<br>
     risk include the use of personal protective equipment, the employer<br>
     must provide each person at risk with personal protective equipment<br>
     and ensure that:<br>
          (a) the equipment provided is appropriate for the person<br>
          and controls the risk for that person, and<br>
          (b) the person is informed of any limitations of the<br>
          equipment, and<br>
          (c) the person is provided with the instruction and<br>
          training necessary to ensure that the equipment controls<br>
          the risk for the person, and<br>
          (d) the equipment is properly maintained and is repaired or<br>
          replaced as frequently as is necessary to control the risk<br>
          for the person, and<br>
          (e) the equipment is provided in a clean and hygienic<br>
          condition to the person, and<br>
          (f) the equipment is stored in a place provided by the<br>
          employer for the purpose, and<br>
          (g) areas in places of work where personal protective<br>
          equipment must be used are clearly identified.<br>
          Maximum penalty: Level 3.<br>
     (2) In this clause, "personal protective equipment" includes any<br>
     substance used to protect health (such as a sun protection cream) and<br>
     any self-rescue respiratory device for use by a person working in the<br>
     underground parts of a mining workplace or a coal workplace.<br>
     Note: Reference should also be made to any relevant Australian<br>
     Standards relating to the provision and use of personal protective<br>
     equipment.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 16<br>
Employer to obtain information<br>
 <br>
 <br>
16 Employer to obtain information<br>
     (1) An employer must obtain such information as is necessary to<br>
     enable the employer to fulfil the employer’s responsibilities under<br>
     this Regulation with respect to the following:<br>
          (a) identifying hazards,<br>
          (b) assessing risks arising from those hazards,<br>
          (c) eliminating or controlling those risks,<br>
          (d) providing information.<br>
          Maximum penalty: Level 4.<br>
     (2) For the purposes of subclause (1), the information is to be<br>
     reasonably available information from an authoritative source.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 17<br>
Employer to provide for emergencies<br>
 <br>
 <br>
17 Employer to provide for emergencies<br>
     (1) An employer must ensure that, in the event of an emergency at any<br>
     place of work at which the employer’s undertaking is conducted,<br>
     arrangements have been made for:<br>
          (a) the safe and rapid evacuation of persons from the place<br>
          of work, and<br>
          (b) emergency communications, and<br>
          (c) appropriate medical treatment of injured persons.<br>
     If the employer does not have control, or has only limited control,<br>
     of the place of work, the duty under this subclause applies only to<br>
     the matters over which the employer has control.<br>
     (2) In making arrangements for the purposes of this clause, an<br>
     employer must take the following into account:<br>
          (a) the nature of the hazards at the place of work,<br>
          (b) the size and location of the place of work,<br>
          (c) the number, mobility and capability of persons at the<br>
          place of work.<br>
     (3) If employees work at a fixed place of work, the employer must<br>
     ensure that:<br>
          (a) adequate arrangements are made for the shutting down<br>
          and evacuation of the place of work in the event of an<br>
          emergency, and<br>
          (b) details of the arrangements for any such evacuation are<br>
          kept on display in an appropriate location or locations at<br>
          the place of work, and<br>
          (c) one or more persons are appointed and appropriately<br>
          trained to oversee any such evacuation and, if appropriate,<br>
          in the use of on-site fire fighting equipment.<br>
     Maximum penalty: Level 4.<br>
     Note: Also see clause 13 (2) (b) which requires an employer to<br>
     provide any person who may be exposed to a risk to health and safety<br>
     at the employer’s place of work with any information, instruction<br>
     and training necessary to ensure the person’s health and safety.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 18<br>
Employer to provide amenities<br>
 <br>
 <br>
18 Employer to provide amenities<br>
     (1) An employer must ensure that appropriate amenities are available<br>
     for all of the employer’s employees while they are at work.<br>
     (2) The appropriateness of amenities is to be determined having<br>
     regard to all of the circumstances of the case, including the<br>
     following:<br>
          (a) the nature of the work undertaken at the place of work,<br>
          (b) the size and location of the place of work,<br>
          (c) the number of men and of women at the place of work.<br>
          Note: Also see Part 4 of the Act (Industry codes of<br>
          practice). Failure by an employer to observe any industry<br>
          code of practice relevant to the provision of amenities may<br>
          be used in evidence in any prosecution under this clause or<br>
          clause 19. Industry codes of practice are prepared by<br>
          WorkCover (in relation to places of work that are not<br>
          mining workplaces or coal workplaces) or the Department<br>
          Head (Mining) (in relation to places of work that are<br>
          mining workplaces or coal workplaces) and approved by the<br>
          Minister.<br>
     (3) In this clause, "amenities" means facilities provided for the<br>
     welfare or personal hygiene needs of persons and includes toilets,<br>
     rest rooms, shelter sheds, seating, dining rooms, change rooms,<br>
     provision of drinking water, lockers and washing facilities.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 19<br>
Maintenance of amenities and accommodation<br>
 <br>
 <br>
19 Maintenance of amenities and accommodation<br>
     (1) An employer must ensure that:<br>
          (a) any amenities provided in accordance with clause 18,<br>
          and<br>
          (b) any accommodation provided by the employer for the<br>
          welfare of employees because of the circumstances of their<br>
          work,<br>
     are maintained in a safe and healthy condition.<br>
     (2) If the employer does not have control, or has only limited<br>
     control, of the amenities or accommodation, the duty under subclause<br>
     (1) applies only to the matters over which the employer has control.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 20<br>
Employer to provide first aid facilities and personnel<br>
 <br>
 <br>
20 Employer to provide first aid facilities and personnel<br>
     (1) In this clause:<br>
     "construction site" means the site of construction work.<br>
     "trained first aid personnel" means:<br>
          (a) a person who holds a current first aid certificate<br>
          issued after successful completion of a WorkCover approved<br>
          first aid course, or<br>
          (b) a person who holds a current occupational first aid<br>
          certificate issued after successful completion of a<br>
          WorkCover approved occupational first aid course, or<br>
          (c) a level 3 or greater New South Wales ambulance officer,<br>
          or<br>
          (d) a registered nurse, or<br>
          (e) a medical practitioner.<br>
     (2) An employer must provide at each place of work:<br>
          (a) first aid facilities that are adequate for the<br>
          immediate treatment of injuries and illnesses that may<br>
          arise at the place of work, and<br>
          (b) if more than 25 persons are employed at a place of<br>
          work—trained first aid personnel.<br>
     (3) An employer must have regard to the location of the place of<br>
     work, the number of employees at a particular location and the type<br>
     of work being undertaken in determining the nature, number and<br>
     location of the first aid facilities and the number of trained first<br>
     aid personnel that are required. Subclauses (4)�?7) prescribe the<br>
     minimum facilities and personnel that are required at various sites<br>
     or places of work.<br>
          Note: See clause 194 as to additional first aid<br>
          requirements in relation to the treatment of cyanide<br>
          poisoning.<br>
     (4) An employer must ensure that the first aid facilities at the<br>
     following sites or places include a first aid kit of the type<br>
     specified opposite the description of the site or place:<br>
      ___________________________________________________________________<br>
     |Construction sites at which 25 or more persons work|               |<br>
     |or other places of work at which 100 or more       |First Aid Kit A|<br>
     |___________________________________________________________________|<br>
     |Construction sites at which fewer than 25 persons  |               |<br>
     |work or other places of work at which fewer than   |First Aid Kit B|<br>
     |___________________________________________________________________|<br>
     |Places of work (other than construction sites) at  |First Aid Kit C|<br>
     |___________________________________________________________________|<br>
     (5) In subclause (4), "First Aid Kit A", "First Aid Kit B" and "First<br>
     Aid Kit C" mean a first aid kit containing the following items in the<br>
     quantity (if any) specified in columns A, B and C, respectively:<br>
      _________________________________________________________________<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |Sterile eyewash solution, 10 ml single use ampules or   |12|6|—|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     |_________________________________________________________________|<br>
     (6) An employer must ensure that the first aid kit at any place of<br>
     work at which more than 25 persons are employed is under the control<br>
     of trained first aid personnel.<br>
     (7) An employer must ensure that the first aid facilities at a place<br>
     of work at which more than 200 persons work, or at a construction<br>
     site at which more than 100 persons work, include a first aid room<br>
     that:<br>
          (a) is under the control of a person described in paragraph<br>
          (b), (c), (d) or (e) of the definition of "trained first<br>
          aid personnel" in subclause (1), and<br>
          (b) is located so that it is readily accessible during<br>
          working hours to persons working at the place of work or<br>
          site, and<br>
          (c) is situated at a convenient distance from:<br>
               (i) toilets, and<br>
               (ii) a sink or a wash basin equipped with<br>
               suitable drainage and a supply of clean hot and<br>
               cold running water, and<br>
               (iii) a means of boiling water, and<br>
          (d) has an access door that is wide enough to allow the<br>
          entry and exit of a patient on a stretcher, and<br>
          (e) is well lit and well ventilated, and<br>
          (f) contains the following:<br>
               (i) a work bench or a dressing trolley,<br>
               (ii) a cupboard for storage,<br>
               (iii) a suitable container fitted with a<br>
               disposable bag or liner for soiled dressings,<br>
               (iv) a suitable container for the safe disposal<br>
               of needles or other sharp implements,<br>
               (v) an electric power point,<br>
               (vi) a couch with blankets and pillows,<br>
               (vii) a telephone,<br>
               (viii) a stretcher, lifting frame or similar<br>
               device for transporting patients,<br>
               (ix) a sufficient supply of soap and disposable<br>
               towels,<br>
               (x) a copy of the current edition of an<br>
               occupational first aid handbook approved by<br>
               WorkCover,<br>
               (xi) the items specified in subclause (5) in<br>
               relation to First Aid Kit A, in quantities not<br>
               less than those so specified,<br>
               (xii) a portable first aid kit for use outside<br>
               the first aid room, being a kit that contains the<br>
               items specified in subclause (5) in relation to<br>
               First Aid Kit B, in quantities not less than<br>
               those so specified,<br>
               (xiii) such special appliances, requisites and<br>
               equipment for first aid as are otherwise required<br>
               by law or as are necessary or appropriate having<br>
               regard to the nature of the work undertaken at<br>
               the place of work or site, and<br>
          (g) does not contain anything except equipment, requisites<br>
          or appliances for first aid or occupational health<br>
          purposes, and<br>
          (h) is not used for any purpose other than for first aid or<br>
          occupational health purposes.<br>
     Maximum penalty: Level 4.<br>
     Note: A register of injuries is required to be kept under the<br>
     Workplace Injury Management and Workers Compensation Act 1998.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Chapter 3This Chapter makes provision with respect to the duty of the<br>
employer to consult employees under Division 2 of Part 2 of the Act. The<br>
relevant provisions of the Act are as follows:<br>
     (a) Section 13—provides that the employer must consult with the<br>
     employees of the employer to enable those employees to contribute to<br>
     the making of decisions affecting their health, safety and welfare at<br>
     work.<br>
<br>
     (b) Section 14—defines the nature of consultation as the sharing of<br>
     relevant information, the opportunity for employees to express their<br>
     views and the taking into account of those views by the employer.<br>
     (Relevant information to be shared would include matters that affect<br>
     or may affect the health, safety or welfare at work of employees<br>
     covered by particular consultative arrangements.)<br>
<br>
     (c) Section 15—sets out when consultation is to be undertaken<br>
     (including when assessments are made of risks to health and safety,<br>
     when decisions are made on measures to control or eliminate those<br>
     risks, when changes are made to premises, systems or methods of work,<br>
     or to plant or substances used for work, that may affect health,<br>
     safety or welfare at work and when decisions are made about the<br>
     consultation arrangements).<br>
<br>
     (d) Section 16—provides that consultation is to be undertaken by<br>
     means of an OHS committee, an OHS representative or other agreed<br>
     arrangements, or a combination of those means.<br>
<br>
     (e) Section 17—requires the establishment of an OHS committee if<br>
     the employer employs 20 or more persons and a majority of the<br>
     employees so requests or WorkCover so directs, and requires an OHS<br>
     representative to be elected if at least one of the employees so<br>
     requests or WorkCover so directs. A site check inspector for a mining<br>
     workplace must be a member of any OHS committee for that place of<br>
     work. A site check inspector and the electrical check inspector for a<br>
     coal workplace must be members of any OHS Committee for that place of<br>
     work. Other consultative arrangements require agreement between the<br>
     employer and employees.<br>
<br>
     (f) Section 18—sets out the functions and powers of OHS committees<br>
     and OHS representatives.<br>
A reference to WorkCover in certain provisions of the Act, in connection with<br>
the application of the provisions to a mining workplace or a coal workplace, is<br>
taken to be a reference to the Department Head (Mining), by virtue of clause<br>
358 (3).<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 21<br>
Definitions<br>
 <br>
 <br>
21 Definitions<br>
In this Chapter:<br>
"OHS consultation arrangements" means the requirements imposed by sections 16<br>
and 17 of the Act with respect to the establishment of an OHS committee, the<br>
election of an OHS representative or the establishment of other agreed<br>
consultation arrangements.<br>
"workgroup" means the group of employees that is represented by a particular<br>
OHS committee or OHS representative.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 22<br>
Setting up consultation arrangements (section 15 (f) of the Act)<br>
 <br>
 <br>
22 Setting up consultation arrangements (section 15 (f) of the Act)<br>
     (1) The employer must, in accordance with section 15 (f) of the Act,<br>
     consult on the procedures for consultation, that is, whether<br>
     consultation is to be undertaken by means of an OHS committee, an OHS<br>
     representative or other agreed arrangements, or a combination of<br>
     those means.<br>
     (2) If the proposed OHS consultation arrangements provide for an OHS<br>
     committee or OHS representative, the employer must consult on the<br>
     following:<br>
          (a) the composition of the relevant workgroups under the<br>
          arrangements,<br>
          (b) the relationship between an OHS committee and an OHS<br>
          representative if both are to be provided under the<br>
          arrangements,<br>
          (c) the number of employee representatives and of employer<br>
          representatives on any OHS committee,<br>
          (d) the arrangements for electing any OHS representative or<br>
          employee representatives on any OHS committee (including<br>
          arrangements for dealing with absences, the removal of<br>
          members or other casual vacancies),<br>
          (e) the arrangements for meetings of any OHS committee and<br>
          meetings between the employer and any OHS representative<br>
          (including the frequency of ordinary meetings and the<br>
          calling of special meetings),<br>
          (f) the procedures for any such meeting (including whether<br>
          meetings may be held by electronic communication or the<br>
          circulation of papers),<br>
          (g) the arrangements for communications between the persons<br>
          elected by the employees in a workgroup and those employees<br>
          (including procedures for enabling the employees in the<br>
          workgroup to raise issues and make complaints about<br>
          occupational health and safety matters),<br>
          (h) the arrangements for the training of members of any OHS<br>
          committee or any OHS representative,<br>
          (i) the relationship between representatives of the<br>
          workgroup of an employer and the representatives of the<br>
          workgroup of another employer.<br>
     (3) If the proposed OHS consultation arrangements provide for other<br>
     agreed arrangements, the employer must consult on arrangements with<br>
     respect to meetings with the employer, communication with the<br>
     employees, the functions and training of the persons involved, the<br>
     procedures for resolving occupational health and safety issues, the<br>
     role of any relevant industrial organisation of employees and other<br>
     relevant matters.<br>
     (4) OHS consultation arrangements are to be reviewed as occasion<br>
     requires. Consultation on new arrangements is to be undertaken if a<br>
     majority of the employees in the workgroup so request or if there has<br>
     been a significant change in the composition of the workgroup that is<br>
     not reflected in the existing arrangements.<br>
     (5) A Federal or State industrial organisation of employees may<br>
     represent, for the purposes of consultation on OHS consultative<br>
     arrangements, any of those employees who request the organisation to<br>
     represent them.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 23<br>
Workgroups represented by OHS committees or OHS representatives<br>
 <br>
 <br>
23 Workgroups represented by OHS committees or OHS representatives<br>
     (1) The relevant workgroups to be represented by OHS committees or<br>
     OHS representatives are to be determined in a manner that ensures<br>
     that they are able to represent effectively the employees in each<br>
     workgroup and, in particular, in a manner that enables them to<br>
     undertake regular meaningful communication with the employees in each<br>
     workgroup.<br>
     (2) The diversity of the employees and their work must be taken into<br>
     account when determining the relevant workgroups. In particular, the<br>
     following must be taken into account:<br>
          (a) the hours of work of employees (including the<br>
          representation of employees on shift work),<br>
          (b) the pattern of work of employees (including the<br>
          representation of part-time, seasonal or short term<br>
          employees),<br>
          (c) the number and grouping of employees,<br>
          (d) the geographic location where the employees work<br>
          (including the representation of employees in dispersed<br>
          locations such as those in the transport industry or<br>
          working from home),<br>
          (e) the different types of work performed by employees and<br>
          the different levels of responsibility,<br>
          (f) the attributes of employees (including gender,<br>
          ethnicity, age and special needs),<br>
          (g) the nature of the occupational health and safety<br>
          hazards at the place of work,<br>
          (h) the interaction of the employees with the employees of<br>
          other employers.<br>
     (3) It is not necessary to establish separate workgroups for<br>
     different categories of employees, places of work or other matters<br>
     referred to above.<br>
     (4) OHS consultation arrangements that include both an OHS committee<br>
     and an OHS representative for a workgroup must ensure that the<br>
     committee is the principal mechanism for consultation for that<br>
     workgroup.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 24<br>
Minimum requirements for OHS committees<br>
 <br>
 <br>
24 Minimum requirements for OHS committees<br>
The procedures with respect to the establishment and composition of OHS<br>
committees must comply with the following requirements:<br>
     (a) the employee representatives on a committee must be elected by<br>
     and from the employees in the relevant workgroup the committee<br>
     represents,<br>
     (b) an election for those representatives must be conducted in a<br>
     manner that is consistent with recognised democratic principles,<br>
     (c) an election may be conducted by a Federal or State industrial<br>
     organisation of employees if a majority of the employees concerned<br>
     request the organisation to conduct the election,<br>
     (d) the number of employer representatives on a committee must not<br>
     exceed the number of elected employee representatives on the<br>
     committee,<br>
     (e) the chairperson of a committee is not to be an employer<br>
     representative,<br>
     (f) a person who is elected as an OHS representative for a workgroup<br>
     may be an employee representative on a committee that relates to the<br>
     workgroup without further election if it is provided for in the OHS<br>
     consultation arrangements,<br>
     (g) a person who is elected as an employee representative on a<br>
     committee may be an employee representative on another related<br>
     committee without further election if it is provided for in the OHS<br>
     consultation arrangements,<br>
     (h) an employee representative on a committee is to be elected for a<br>
     maximum period of 2 years (but the term of office may be shortened in<br>
     connection with a change in OHS consultation arrangements),<br>
     (i) a person elected as an employee representative on a committee is<br>
     eligible for re-election,<br>
     (j) a person is not eligible to be an employer representative on a<br>
     committee unless the person has authority to act on behalf of the<br>
     employer in occupational health and safety matters at the place of<br>
     work.<br>
     Note: Section 17 (6) of the Act requires that, in the case of a coal<br>
     workplace, a site check inspector and the electrical check inspector<br>
     for that coal workplace must be members of any OHS committee for that<br>
     place of work. Section 17 (7) of the Act requires that, in the case<br>
     of a mining workplace, a site check inspector for the mining<br>
     workplace must be a member of any OHS committee for that place of<br>
     work. The election of site check inspectors for mining workplaces or<br>
     coal workplaces is determined by the Mine Health and Safety Act 2004<br>
     or the Coal Mine Health and Safety Act 2002, respectively.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 25<br>
Minimum requirements for election of OHS representatives<br>
 <br>
 <br>
25 Minimum requirements for election of OHS representatives<br>
The procedures with respect to the election of OHS representatives (as required<br>
by section 16 (b) of the Act) must comply with the following requirements:<br>
     (a) the OHS representative must be elected by and from the employees<br>
     in the relevant workgroup the person represents,<br>
     (b) the election must be conducted in a manner that is consistent<br>
     with recognised democratic principles,<br>
     (c) the election may be conducted by a Federal or State industrial<br>
     organisation of employees if a majority of the employees concerned<br>
     request the organisation to conduct the election,<br>
     (d) an OHS representative is to be elected for a maximum period of 2<br>
     years (but the term of office may be shortened in connection with a<br>
     change in OHS consultation arrangements),<br>
     (e) a person elected as an OHS representative is eligible for re-<br>
     election.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 26<br>
Other agreed arrangements (sections 16 (c) and 17 (3) of the Act)<br>
 <br>
 <br>
26 Other agreed arrangements (sections 16 (c) and 17 (3) of the Act)<br>
     (1) This clause applies to other agreed arrangements for consultation<br>
     referred to in section 17 (3) of the Act.<br>
     (2) The functions of persons under other agreed arrangements are<br>
     those that are derived from the agreement.<br>
     (3) Other agreed arrangements may comprise arrangements negotiated at<br>
     an industry level. Any such arrangements may be used by a particular<br>
     employer in the industry if the arrangements are agreed to by a<br>
     majority of the employees and, in their application to that employer,<br>
     comply with the requirements for consultation of the Act and this<br>
     Regulation.<br>
     Note: Section 17 (3) of the Act provides that a Federal or State<br>
     industrial organisation of employees may, on request, represent<br>
     employees for the purposes of consultation on occupational health,<br>
     safety and welfare under other agreed arrangements.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 27<br>
Related obligations of employer with respect to duty to consult<br>
 <br>
 <br>
27 Related obligations of employer with respect to duty to consult<br>
     (1) An employer has the following obligations in connection with OHS<br>
     consultation arrangements of the employer:<br>
          (a) to record those arrangements,<br>
          (b) to publicise those arrangements among existing and new<br>
          employees to whom they relate,<br>
          (c) to provide members of OHS committees or OHS<br>
          representatives with reasonable access to the employees<br>
          they represent during working hours for the purposes of<br>
          communication,<br>
          (d) to provide reasonable facilities, and access during<br>
          working hours to the workplace, for the purposes of OHS<br>
          consultation arrangements (including for the purposes of<br>
          conducting or holding elections, meetings and inspections),<br>
          (e) to ensure that employer representatives on an OHS<br>
          committee participate in the work of the committee on a<br>
          regular basis,<br>
          (f) to ensure that employees participating in consultation<br>
          (and in training for consultation) in accordance with OHS<br>
          consultation arrangements are paid as if they were engaged<br>
          in the duties of their employment (whether they participate<br>
          as representatives of employees or of the employer),<br>
          (g) to pay the costs reasonably and necessarily incurred by<br>
          employees in connection with their participation in that<br>
          consultation or training,<br>
          (h) to facilitate the OHS consultation arrangements of<br>
          another employer where employees of that other employer are<br>
          working at the employer’s place of work.<br>
     (2) An employer who fails to comply with an obligation under this<br>
     clause is guilty of an offence.<br>
          Maximum penalty: Level 3.<br>
     (3) This clause does not affect the duty of an employer to consult<br>
     under section 13 of the Act and the maximum penalty provided for<br>
     contravening that section.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 28<br>
Employees to disclose certain matters<br>
 <br>
 <br>
28 Employees to disclose certain matters<br>
     (1) An employee must take reasonable steps to prevent risks to health<br>
     and safety at work by notifying the employee’s employer or<br>
     supervisor of any matter that, to the knowledge of the employee, may<br>
     affect the capacity of the employer to comply with the requirements<br>
     of this Regulation.<br>
          Maximum penalty: Level 2.<br>
     (2) An employee may discharge the obligation under subclause (1) by<br>
     notifying the matter in accordance with OHS consultation arrangements<br>
     to the relevant OHS representative or member of the relevant OHS<br>
     committee.<br>
     For other obligations of employees, or that may relate to employees,<br>
     see the following sections of the Act:<br>
          (a) Section 20 (1)—requires an employee to take<br>
          reasonable care for the health and safety of people who are<br>
          at the employer’s place of work and who may be affected<br>
          by the employee’s acts or omissions at work.<br>
          (b) Section 20 (2)—requires an employee to co-operate<br>
          with the employer or other persons so far as is necessary<br>
          to enable compliance with OHS duties of the employer or<br>
          other person.<br>
          (c) Section 21—prohibits a person interfering with or<br>
          misusing anything provided in the interests of occupational<br>
          health, safety and welfare.<br>
          (d) Section 23—prohibits an employer dismissing or<br>
          victimising an employee because of an OHS-related<br>
          complaint, membership of an OHS committee or election as an<br>
          OHS representative or the exercise of any other functions<br>
          under the consultative arrangements made by the Act.<br>
          (e) Section 25—prohibits a person, without reasonable<br>
          excuse, deliberately creating a risk (or appearance of a<br>
          risk) to health or safety of people at work with the<br>
          intention of causing a disruption of work.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 29<br>
Procedure for resolving matter that may be risk to health and safety<br>
 <br>
 <br>
29 Procedure for resolving matter that may be risk to health and safety<br>
     (1) This clause applies to the function of an OHS committee or an OHS<br>
     representative under section 18 (c) of the Act to attempt to resolve<br>
     a matter that may be a risk to health and safety at the place of work<br>
     but, if unable to do so, to request an investigation by an inspector<br>
     to resolve the matter.<br>
     (2) For the purpose of resolving the matter:<br>
          (a) the applicable OHS consultative arrangements are to be<br>
          used, and<br>
          (b) the matter must be formally referred to the employer,<br>
          and<br>
          (c) the employer is to consider the matter and respond in a<br>
          timely manner.<br>
     (3) If the matter is not resolved after the employer has been given a<br>
     reasonable opportunity to consider and respond to the matter, the OHS<br>
     committee or OHS representative may request an investigation of the<br>
     matter by an inspector.<br>
     (4) Such a request by an OHS committee is to be made through the<br>
     chairperson of the committee. The committee may make arrangements for<br>
     the making of such requests by the chairperson without a formal<br>
     meeting of the committee being convened to authorise the making of<br>
     each particular request.<br>
     (5) This clause does not limit any other power with respect to the<br>
     inspection of places of work or of disputes arising at places of<br>
     work.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 30<br>
Additional functions of OHS committees and OHS representatives (section 18 (d)<br>
of the Act)<br>
 <br>
 <br>
30 Additional functions of OHS committees and OHS representatives (section 18<br>
(d) of the Act)<br>
     (1) An OHS committee and an OHS representative have the following<br>
     additional functions:<br>
          (a) to make a request to accompany an inspector as an<br>
          observer on an inspection under section 69 (b) of the Act<br>
          that affects the workgroup that the committee or<br>
          representative represents,<br>
          (b) to be an observer during any formal report by an<br>
          inspector to the employer in connection with any<br>
          occupational health and safety matter concerning the<br>
          workgroup that the committee or representative represents,<br>
          (c) to accompany an employee of the workgroup that the<br>
          committee or representative represents, at the request of<br>
          the employee, during any interview by the employer on any<br>
          occupational health and safety issue,<br>
          (d) to be an observer during any formal in-house<br>
          investigation of an incident at the relevant place of work<br>
          that is required to be notified to WorkCover, or the<br>
          Department Head (Mining), under Division 4 of Part 5 of the<br>
          Act,<br>
          (e) to assist in the development of arrangements for<br>
          recording workplace hazards and accidents to promote<br>
          improved workplace health and safety,<br>
          (f) to make recommendations on the training of members of<br>
          OHS committees and of OHS representatives,<br>
          (g) to make recommendations on the training of employees in<br>
          relation to occupational health and safety.<br>
     (2) An observer under subclause (1) (a), (b) or (d) must be an<br>
     employee member of the OHS committee or the OHS representative and<br>
     only one person may act as such an observer at any particular time.<br>
     Section 18 of the Act provides that an OHS committee or OHS<br>
     representative has the following functions:<br>
          (a) to keep under review the measures taken to ensure the<br>
          health, safety and welfare of persons at the place of work,<br>
          (b) to investigate any matter that may be a risk to health<br>
          and safety at the place of work,<br>
          (c) to attempt to resolve the matter but, if unable to do<br>
          so, to request an investigation by an inspector for that<br>
          purpose,<br>
          (d) the additional functions prescribed above.<br>
     "Functions" under the Act and this Regulation includes “powers�?<br>
     and “duties�?.<br>
     Section 144 of the Mine Health and Safety Act 2004 sets out the<br>
     functions of site check inspectors for a mining workplace. Section<br>
     164 of the Coal Mine Health and Safety Act 2002 sets out the<br>
     functions of site check inspectors for a coal workplace.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 31<br>
Training to be undertaken by members of OHS committees and OHS representatives<br>
 <br>
 <br>
31 Training to be undertaken by members of OHS committees and OHS<br>
representatives<br>
     (1) An employer must ensure that each member of an OHS committee and<br>
     each OHS representative undertakes a course of training in accordance<br>
     with this clause.<br>
          Maximum penalty: Level 2.<br>
     (2) The course of training must be undertaken as soon as practicable<br>
     after the person is first appointed as a member of the committee or<br>
     first elected as a representative (unless the person has previously<br>
     undertaken an approved course of training).<br>
     (3) The course of training must be provided by:<br>
          (a) a trainer who is accredited by WorkCover to provide<br>
          that course of training, or<br>
          (b) a registered training organisation (within the meaning<br>
          of the Vocational Education and Training Act 2005) whose<br>
          registration extends to providing a course of OHS<br>
          consultation training.<br>
     (4) An application by an individual to be accredited as a trainer:<br>
          (a) is to be in the form, and accompanied by the<br>
          particulars, approved by WorkCover, and<br>
          (b) is to be accompanied by such application fee as<br>
          WorkCover determines to cover the expenses in dealing with<br>
          the application.<br>
     WorkCover may approve an application for accreditation (with or<br>
     without conditions) or may refuse the application.<br>
          Note: See clause 351 as to the review by the Administrative<br>
          Decisions Tribunal of a decision by WorkCover to refuse to<br>
          accredit a person as a trainer under this clause.<br>
     (5) A course of training undertaken under this clause must include<br>
     all the topics of OHS consultation training listed in the Table to<br>
     this clause (undertaken over the period specified in guidelines<br>
     issued by WorkCover for the purpose).<br>
     (6) The trainer who provides a course of training under this clause<br>
     must ensure that:<br>
          (a) the training complies with the requirements of this<br>
          Chapter, and<br>
          (b) a statement of training is provided to each person who<br>
          completes one or more topics of OHS consultation training<br>
          and a copy of the statement is provided to the employer,<br>
          and<br>
          (c) the trainer makes a record of the training provided and<br>
          retains the record for at least 6 years.<br>
     The statement of training must be in a form approved by WorkCover and<br>
     record the topics of OHS consultation training completed, the date of<br>
     completion and other particulars required by the approved form.<br>
          Maximum penalty: Level 2.<br>
     (7) An employer must keep a record of the training undertaken by a<br>
     person under this clause until at least 3 years after the person<br>
     ceases to be an employee of, or associated with, the employer.<br>
          Maximum penalty (subclause (7)): Level 2.<br>
     (8) This clause does not apply to a person who is a member of an OHS<br>
     committee by virtue of being a site check inspector in relation to a<br>
     coal workplace.<br>
          Note: Section 145 of the Mine Health and Safety Act 2004<br>
          makes provision regarding the training of site check<br>
          inspectors appointed under that Act.<br>
     Table OHS consultation training topics<br>
      ___________________________________________________________________<br>
     |___________________________________________________________________|<br>
     |___________________________________________________________________|<br>
     |                                 |Explains the requirements for    |<br>
     |Workplace health and safety      |effective management of health   |<br>
     |                                 |and safety and the importance of |<br>
     |___________________________________________________________________|<br>
     |___________________________________________________________________|<br>
     |                                 |Details the requirements for     |<br>
     |                                 |consultation under the           |<br>
     |                                 |Occupational Health and Safety   |<br>
     |The role of OHS consultation in  |Act 2000                         |<br>
     |the workplace                    |Describes the mechanisms for     |<br>
     |                                 |consultation including workplace |<br>
     |                                 |committees and OHS               |<br>
     |___________________________________________________________________|<br>
     |___________________________________________________________________|<br>
     |                                 |Outlines effective communication |<br>
     |Effective OHS consultation in the|techniques                       |<br>
     |workplace                        |Describes how these are essential|<br>
     |___________________________________________________________________|<br>
     |___________________________________________________________________|<br>
     |                                 |Details the requirements for     |<br>
     |Systematic management of health  |effective OHS Management Systems,|<br>
     |and safety                       |their development,               |<br>
     |___________________________________________________________________|<br>
     |___________________________________________________________________|<br>
     |                                 |Practical application of risk    |<br>
     |Action learning exercise         |management through work based    |<br>
     |___________________________________________________________________|<br>
     |___________________________________________________________________|<br>
     |                                 |Highlights the need for          |<br>
     |                                 |continuous improvement in OHS    |<br>
     |Continuous improvement of OHS    |through consultation and provides|<br>
     |systems                          |the means for implementation,    |<br>
     |                                 |monitoring and evaluation of this|<br>
     |___________________________________________________________________|<br>
     |___________________________________________________________________|<br>
     |                                 |Summarises and concludes the     |<br>
     |Summary and conclusion           |course, including assessment and |<br>
     |___________________________________________________________________|<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 32<br>
Savings and transitional arrangements<br>
 <br>
 <br>
32 Savings and transitional arrangements<br>
     (1) The OHS consultation arrangements must be implemented within 12<br>
     months after the commencement of the Act, except as provided by<br>
     subclause (2).<br>
     (3) Any course of training of a member of an OHS committee or an OHS<br>
     representative that was undertaken for the purposes of and in<br>
     accordance with the regulations under the former Act is taken to have<br>
     been undertaken for the purposes of and in accordance with this<br>
     Regulation.<br>
     (5) A trainer accredited by WorkCover in accordance with the<br>
     regulation referred to in subclause (4) is taken to have been<br>
     accredited by WorkCover under clause 31.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Chapter 4This Chapter is divided into 5 Parts. Part 4.1 deals with<br>
preliminary matters. Part 4.2 deals with the responsibilities of controllers of<br>
premises as to hazard identification, risk assessment, risk control and<br>
provision of information generally and as to fall prevention, electricity and<br>
asbestos installed in the workplace in particular. Part 4.3 deals with the use<br>
of places of work and the responsibilities of employers as to working space,<br>
lighting, heat and cold, noise management, atmosphere, working at heights, fire<br>
prevention, electricity and working in confined spaces. Part 4.4 deals with<br>
manual handling. Part 4.5 deals with long distance truck driver fatigue.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 33<br>
Definitions<br>
 <br>
 <br>
33 Definitions<br>
     (1) In this Chapter:<br>
     "anchorage point" means:<br>
          (a) a secure point of attachment on a structure to which a<br>
          fall arrest device or anchorage line may be secured, or<br>
          (b) a secure point on a fall arrest device to which a<br>
          lanyard may be secured.<br>
     "brittle or fragile roofing material" means any roof covering<br>
     material that would be liable to fail if the weight of a person<br>
     likely to pass across the material, and anything carried by or on the<br>
     person, were applied to it.<br>
     "controller of premises" means a person who has control of premises<br>
     used by people as a place of work, including:<br>
          (a) a person who has only limited control of the premises,<br>
          and<br>
          (b) a person who has, under any contract or lease, an<br>
          obligation to maintain or repair the premises.<br>
     "electrical article" has the same meaning as it has in the<br>
     Electricity (Consumer Safety) Act 2004.<br>
     "electrical installation" has the same meaning as it has in the<br>
     Electricity (Consumer Safety) Act 2004, except that it extends to<br>
     electrical equipment in or about a mining workplace or coal<br>
     workplace.<br>
     "electricity supply authority" has the same meaning as it has in the<br>
     Electricity (Consumer Safety) Act 2004.<br>
     "fall arrest device" means a self-locking device with the function of<br>
     arresting a fall.<br>
     "monitor" means to survey regularly all measures used to control<br>
     atmospheric contaminants in a place of work.<br>
     "place of work", in relation to premises, means a place of work at<br>
     those premises.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Part 4.2Section 10 of the Act contains a general requirement for<br>
controllers of premises to ensure that the premises are safe and without risks<br>
to health. This Part sets out particular duties.<br>
<br>
Also see clause 7 (1) as to the extent of the duties of a controller of<br>
premises under this Part.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 34<br>
Controller of premises to identify hazards<br>
 <br>
 <br>
34 Controller of premises to identify hazards<br>
     (1) A controller of premises must identify any foreseeable hazard<br>
     arising from the premises that has the potential to harm the health<br>
     or safety of any person accessing, using or egressing from the<br>
     premises.<br>
     (2) Without limiting the generality of subclause (1), the controller<br>
     must identify hazards arising from:<br>
          (a) the layout and condition of the premises, including the<br>
          presence of a confined space, and<br>
          (b) the physical working environment, including the<br>
          potential for:<br>
               (i) people slipping, tripping or falling, and<br>
               (ii) objects or structures falling on people, and<br>
          (c) the presence of material containing asbestos.<br>
     (3) A controller of premises must ensure that hazards are identified:<br>
          (a) during any design of the premises, and<br>
          (b) before the premises are provided for use as a place of<br>
          work.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 35<br>
Controller of premises to assess risks<br>
 <br>
 <br>
35 Controller of premises to assess risks<br>
     (1) A controller of premises must assess the risk of harm to the<br>
     health or safety of any person arising from any hazard identified in<br>
     accordance with this Division.<br>
     (2) When assessing those risks, the controller must:<br>
          (a) evaluate the likelihood of an injury or illness<br>
          occurring and the likely severity of any injury or illness<br>
          that may occur, and<br>
          (b) review available health and safety information relevant<br>
          to a particular hazard, and<br>
          (c) identify the actions necessary to eliminate or control<br>
          the risk, and<br>
          (d) identify records that it is necessary to keep to ensure<br>
          that risks are controlled (including the length of time for<br>
          which records are to be kept).<br>
     (3) A risk assessment may relate to more than one place of work or<br>
     hazard so long as it takes account of the particular circumstances of<br>
     each place of work or hazard.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 36<br>
Controller of premises to eliminate or control risks<br>
 <br>
 <br>
36 Controller of premises to eliminate or control risks<br>
     (1) A controller of premises must eliminate any risk, arising from<br>
     the premises, to the health or safety of any person accessing, using<br>
     or egressing from the premises.<br>
     (2) If it is not reasonably practicable to eliminate the risk, the<br>
     controller of the premises must control the risk.<br>
     (3) A controller of premises must ensure that all measures (including<br>
     procedures and equipment) that are adopted to eliminate or control<br>
     risks to health or safety are properly used and maintained.<br>
     Maximum penalty: Level 4.<br>
     Note: This Part also contains specific risk control requirements with<br>
     which the controller must comply.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 37<br>
Controller of premises to review risk assessments and control measures<br>
 <br>
 <br>
37 Controller of premises to review risk assessments and control measures<br>
A controller of premises must review a risk assessment, and any measures<br>
adopted to control the risk, whenever:<br>
     (a) there is evidence that the risk assessment is no longer valid, or<br>
     (b) injury or illness results from exposure to a hazard to which the<br>
     risk assessment relates, or<br>
     (c) there is a significant change in the premises or place of work to<br>
     which the risk assessment relates.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 38<br>
Controller of premises to provide information<br>
 <br>
 <br>
38 Controller of premises to provide information<br>
     (1) A controller of premises must provide other persons who have<br>
     responsibilities under this Regulation with all available information<br>
     that is necessary to enable the other persons to fulfil their<br>
     responsibilities with respect to the following:<br>
          (a) identifying hazards,<br>
          (b) assessing risks arising from those hazards,<br>
          (c) eliminating or controlling those risks,<br>
          (d) providing information.<br>
     (2) Without limiting the generality of subclause (1), the controller<br>
     must provide any employer who uses the premises concerned as a place<br>
     of work with information about:<br>
          (a) any foreseeable hazard arising from the premises that<br>
          has the potential to harm the health or safety of any<br>
          person accessing, using or egressing from the premises, and<br>
          (b) an assessment of any risk arising from the premises<br>
          that has not been eliminated by the controller, and<br>
          (c) the measures taken by the controller to control any<br>
          such risk, and<br>
          (d) any measures (including use and maintenance of<br>
          procedures and equipment) that the employer may need to<br>
          adopt to control any such risk.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 39<br>
Fall prevention—particular risk control measures<br>
 <br>
 <br>
39 Fall prevention—particular risk control measures<br>
A controller of premises must ensure that:<br>
     (a) safe access is provided to all parts of a place of work to which<br>
     a person may require access and from which the person may fall, and<br>
     (b) if the whole or any part of the roof of a building or structure<br>
     comprises or includes any brittle or fragile roofing material,<br>
     warning signs are provided that:<br>
          (i) contain the words “DANGER—BRITTLE ROOF�?, and<br>
          (ii) are affixed to each individual slope, curve or section<br>
          of the roof and to all other places from which access to<br>
          the roof may be obtained, and<br>
     (c) walkways are provided and maintained over roofs that are wholly<br>
     or partly covered by brittle or fragile roofing material, and<br>
     (d) if windows are designed to be cleaned from the outside, anchorage<br>
     points for fall arrest devices are provided on each window or other<br>
     safe means for cleaning every window of the building or structure are<br>
     provided, and<br>
     (e) floors are designed to be safe without risks of slips, trips or<br>
     falls, with adequate drainage (if necessary) and appropriate floor<br>
     coverings (if necessary).<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 40<br>
Application<br>
 <br>
 <br>
40 Application<br>
In the event of an inconsistency between the requirements of this Division and<br>
the Electricity (Consumer Safety) Regulation 2006, the requirements of that<br>
Regulation prevail.<br>
     Note: The Electricity (Consumer Safety) Regulation 2006 requires all<br>
     electrical installation work (within the meaning of the Electricity<br>
     (Consumer Safety) Act 2004) to be carried out in accordance with AS/<br>
     NZS 3000:2000Electrical installations (known as the Australian/New<br>
     Zealand Wiring Rules).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 41<br>
Electricity—particular risk control measures<br>
 <br>
 <br>
41 Electricity—particular risk control measures<br>
     (1) A controller of premises must ensure that:<br>
          (a) any electrical installation at the premises:<br>
               (i) is safe at the time it is made available for<br>
               use by an employer, or<br>
               (ii) if not safe, is disconnected from the<br>
               electricity supply and secured and the employer<br>
               is informed that it is not safe, and<br>
          (b) electrical installations containing live electrical<br>
          components (such as control panels, switchrooms,<br>
          switchyards and substations) are suitably secured to<br>
          prevent inadvertent access, and<br>
          (c) persons entering an area in which such electrical<br>
          installations are situated are appropriately trained in<br>
          issues such as safe entry, emergency procedures and safe<br>
          use of electrical plant and equipment.<br>
     (2) A controller of premises must ensure that:<br>
          (a) any electrical article provided for use at, or in<br>
          connection with any electrical installation at, a place of<br>
          work is safe at the time the place of work is made<br>
          available for use by an employer, or<br>
          (b) if not safe, the article is disconnected from the<br>
          electricity supply and secured and the employer is informed<br>
          that it is not safe.<br>
     (3) A controller of premises must ensure that any such electrical<br>
     installation or electrical article that is connected to the<br>
     electricity supply is, to the extent that the owner retains control<br>
     over the installation or article, maintained in a safe condition.<br>
     (4) A controller of premises must ensure that persons working in, or<br>
     undertaking maintenance on, the premises (apart from those<br>
     undertaking electrical work) are prevented from coming within an<br>
     unsafe distance from any overhead electrical power lines or live<br>
     electrical installations unless a risk assessment determines<br>
     otherwise.<br>
     (5) A controller of premises must obtain documentation of any<br>
     significant modifications made to electrical circuits at the premises<br>
     from the person doing the work and ensure that the documentation is<br>
     maintained and kept readily accessible for persons undertaking<br>
     further electrical work.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 42<br>
Definitions<br>
 <br>
 <br>
42 Definitions<br>
Words and expressions used in this Division have the same meanings as they have<br>
in Part 8.7 (Asbestos—particular provisions).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 43<br>
Asbestos—risk assessment and control<br>
 <br>
 <br>
43 Asbestos—risk assessment and control<br>
A controller of premises that contains asbestos or asbestos-containing material<br>
must ensure that risk assessment and control measures are carried out in<br>
accordance with the document entitled Code of Practice for the Management and<br>
Control of Asbestos in the Workplace[NOHSC: 2018 (2005)] published by the NOHS<br>
Commission, as in force from time to time.<br>
     Maximum penalty: Level 4.<br>
     Note: See clause 34 for obligation of controller to identify presence<br>
     of asbestos material.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 44<br>
Record keeping—register of asbestos<br>
 <br>
 <br>
44 Record keeping—register of asbestos<br>
A controller of premises must ensure that:<br>
     (a) a register, in which the type, condition and location of all<br>
     asbestos and asbestos-containing material in any place of work is<br>
     recorded, is prepared and maintained, and<br>
     (b) any action taken to control asbestos and asbestos-containing<br>
     material in the place of work or in plant at the place of work is<br>
     recorded in the register, including details of:<br>
          (i) any assessment concerning the asbestos that took place<br>
          before the work was carried out, and<br>
          (ii) if the work was carried out by a contractor rather<br>
          than by an employee of the controller, the name of the<br>
          person who carried out the work, and<br>
          (iii) the date on which the work was carried out, and<br>
     (c) all occupiers of the place of work are provided with a copy of<br>
     the register and all updates to it.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Part 4.3Section 8 of the Act contains a general requirement for<br>
employers to ensure the health, safety and welfare at work of their employees.<br>
That requirement extends to:<br>
     (a) ensuring that any premises controlled by the employer where the<br>
     employees work (and the means of access to or exit from the premises)<br>
     are safe and without risks to health, and<br>
<br>
     (b) ensuring that any plant or substance provided for use by the<br>
     employees at work is safe and without risks to health when properly<br>
     used, and<br>
<br>
     (c) ensuring that systems of work and the working environment of the<br>
     employees are safe and without risks to health, and<br>
<br>
     (d) providing such information, instruction, training and supervision<br>
     as may be necessary to ensure the employees�?health and safety at<br>
     work, and<br>
<br>
     (e) providing adequate facilities for the welfare of the employees at<br>
     work.<br>
Section 8 also requires an employer to ensure that people (other than the<br>
employees of the employer) are not exposed to risks to their health or safety<br>
arising from the conduct of the employer’s undertaking while they are at the<br>
employer’s place of work.<br>
<br>
Chapter 2 of this Regulation also contains general obligations of employers to<br>
control risks. This Part sets out particular risk control measures to be<br>
undertaken by employers.<br>
<br>
"Employer", for the purposes of this Part, includes self-employed persons (see<br>
clause 3).<br>
<br>
Section 9 of the Act contains a general requirement for a self-employed person<br>
to ensure that people (other than employees of the person) are not exposed to<br>
risks to their health or safety arising from the conduct of the person’s<br>
undertaking while they are at the person’s place of work.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 45<br>
Working space—particular risk control measures<br>
 <br>
 <br>
45 Working space—particular risk control measures<br>
An employer must ensure that:<br>
     (a) sufficient working space is provided to allow persons to work<br>
     safely, and<br>
     (b) floors and surfaces are constructed and maintained to minimise<br>
     the possibility of slips, trips and falls, and<br>
     (c) persons are unhindered and able to move safely around a place of<br>
     work.<br>
     Maximum penalty: Level 4.<br>
     Note: See also Division 9 (Working in confined spaces).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 46<br>
Lighting—particular risk control measures<br>
 <br>
 <br>
46 Lighting—particular risk control measures<br>
An employer must ensure that lighting is provided that:<br>
     (a) is adequate to allow employees to work safely, and<br>
     (b) does not create excessive glare or reflection, and<br>
     (c) is adequate to allow persons who are not employees to move safely<br>
     within the place of work, and<br>
     (d) facilitates safe access to and egress from the place of work,<br>
     including emergency exits.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 47<br>
Hot working environments—particular risk control measures<br>
 <br>
 <br>
47 Hot working environments—particular risk control measures<br>
An employer must ensure that:<br>
     (a) adequate ventilation and air movement is provided in indoor<br>
     environments that may become hot, and<br>
     (b) appropriate work and rest regimes relative to the physical<br>
     fitness, general health, medication taken and body weight of each<br>
     employee exposed to heat are implemented.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 48<br>
Cold working environments—particular risk control measures<br>
 <br>
 <br>
48 Cold working environments—particular risk control measures<br>
An employer must ensure that:<br>
     (a) employees exposed to cold have adequate access to heated or<br>
     sheltered work areas and warm clothing or other personal protective<br>
     equipment, and<br>
     (b) appropriate work and rest regimes relative to the physical<br>
     fitness, general health, medication taken and body weight of each<br>
     employee exposed to cold are implemented.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 49<br>
Noise management—particular risk control measures<br>
 <br>
 <br>
49 Noise management—particular risk control measures<br>
     (1) An employer must ensure that appropriate control measures are<br>
     taken if a person is exposed to noise levels that:<br>
          (a) exceed an 8-hour noise level equivalent of 85 dB(A), or<br>
          (b) peak at more than 140 dB(C).<br>
          Maximum penalty: Level 4.<br>
     (2) For the purposes of subclause (1):<br>
          (a) the measurement is to be made in accordance with AS/NZS<br>
          1269.1:1998Occupational noise management Part 1:<br>
          Measurement and assessment of noise imission and exposure,<br>
          and<br>
          (b) exposure to noise is taken to be measured at the<br>
          position of the ears of a person, or at an equivalent of<br>
          that position, and<br>
          (c) the measurement is to be made on the assumption that<br>
          the person is not wearing any device to protect himself or<br>
          herself from noise.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 49A<br>
Application to mining workplaces that are mines and to coal workplaces<br>
 <br>
 <br>
49A Application to mining workplaces that are mines and to coal workplaces<br>
This Division does not apply to the atmosphere of a mining workplace that is a<br>
mine, or to the atmosphere of a coal workplace, to the extent that more<br>
exacting standards are created by or under another Act in relation to that<br>
atmosphere than are made by this Division.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 50<br>
Definitions<br>
 <br>
 <br>
50 Definitions<br>
In this Division:<br>
"atmospheric contaminant" means:<br>
     (a) a hazardous substance that occurs in the form of a fume, mist,<br>
     gas, dust or vapour, or<br>
     (b) an asphyxiant, or<br>
     (c) nuisance dust,<br>
to which persons may be exposed in the working environment.<br>
"inspirable dust" means those airborne particles of dust that can be taken in<br>
through the nose or mouth during breathing.<br>
"respirable fibre" means a fibrous particle with a diameter of less than 3<br>
micrometres and a length of greater than 5 micrometres, with a length to width<br>
ratio of greater than 3:1, that can reach the deepest part of a lung.<br>
"safe oxygen level" means a minimum oxygen content in air of 19.5% by volume<br>
under normal atmospheric pressure and a maximum oxygen content in air of 23.5%<br>
by volume under normal atmospheric pressure.<br>
"synthetic mineral fibre" means any manufactured mineral fibre, including<br>
mineral woolrock (rockwool and slagwool), glasswool (including superfine<br>
glassfibre) and ceramic fibres.<br>
"synthetic mineral fibre dust" means dust arising from a synthetic mineral<br>
fibre.<br>
"TWA" (time-weighted average) means the average airborne concentration of a<br>
particular substance when calculated over a normal 8-hour working day for a 5-<br>
day working week.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 51<br>
Atmospheric contaminants—particular risk control measures<br>
 <br>
 <br>
51 Atmospheric contaminants—particular risk control measures<br>
     (1) An employer must ensure that no person at a place of work is<br>
     exposed to an airborne concentration of an atmospheric contaminant<br>
     that exceeds or breaches a standard referred to in or determined<br>
     under subclause (2).<br>
          Maximum penalty: Level 4.<br>
     (2) For the purposes of subclause (1), the standard is as follows:<br>
          (a) for atmospheric contaminants other than synthetic<br>
          mineral fibre dust—as determined in accordance with the<br>
          documents entitled �?Guidance Note on the Interpretation<br>
          of Exposure Standards for Atmospheric Contaminants in the<br>
          Occupational Environment [NOHSC: 3008] �? and �?Adopted<br>
          National Exposure Standards for Atmospheric Contaminants in<br>
          the Occupational Environment [NOHSC: 1003] �?, as amended<br>
          from time to time by amendments published in the Chemical<br>
          Gazette of the Commonwealth of Australia,<br>
          (c) for synthetic mineral fibre dust if almost all the<br>
          airborne mineral is fibrous—in addition to a respirable<br>
          standard determined under paragraph (a), an exposure<br>
          standard of 2 mg/m 3 (TWA) of inspirable dust, but where<br>
          the inspirable standard is not to take precedence over the<br>
          respirable standard,<br>
          (d) for dusts not otherwise classified�?0mg/m 3 (TWA)<br>
          inspirable dust exposure standard applies.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 52<br>
Unsafe levels of oxygen—risk control measures<br>
 <br>
 <br>
52 Unsafe levels of oxygen—risk control measures<br>
An employer must ensure that appropriate risk control measures are taken when<br>
atmospheres in a place of work contain an unsafe oxygen level.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 53<br>
Ventilation—particular risk control measures<br>
 <br>
 <br>
53 Ventilation—particular risk control measures<br>
     (1) An employer must ensure that:<br>
          (a) mechanical ventilation appropriate for the work being<br>
          carried out is used to control atmospheric contaminants and<br>
          that the ventilation is maintained regularly, and<br>
          (b) if a mechanical ventilation system is used to control<br>
          exposure to a contaminant, the system:<br>
               (i) is located as close as is practicable to the<br>
               source of the contaminant to minimise the risk of<br>
               inhalation by a person at work, and<br>
               (ii) is used for as long as the contaminant is<br>
               present, and<br>
               (iii) is kept free from accumulations of dust,<br>
               fibre and other waste materials and is maintained<br>
               regularly, and<br>
               (iv) if the system is provided to control<br>
               contaminants arising from flammable or<br>
               combustible substances—is designed and<br>
               constructed so as to prevent the occurrence of<br>
               fire or explosion, and<br>
          (c) if a ducted ventilation system is used, an inspection<br>
          point is fitted at any place where blockages in the<br>
          ventilation system are likely to occur.<br>
     (2) This clause does not apply to the underground parts of a mining<br>
     workplace or a coal workplace.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 54<br>
Entry protection—contaminated atmosphere or unsafe levels of oxygen<br>
 <br>
 <br>
54 Entry protection—contaminated atmosphere or unsafe levels of oxygen<br>
An employer must ensure that any place of work at which there is a risk of<br>
exposure to atmospheric contaminants or unsafe levels of oxygen is isolated and<br>
that appropriate warning signs are provided at the place.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 55<br>
Atmospheric monitoring<br>
 <br>
 <br>
55 Atmospheric monitoring<br>
If a risk assessment under Chapter 2 indicates that monitoring of atmospheric<br>
contaminants should be undertaken at an employer’s place of work, the<br>
employer must ensure that:<br>
     (a) appropriate monitoring is undertaken in accordance with a<br>
     suitable procedure, and<br>
     (b) the results of the monitoring are recorded, and<br>
     (c) any employee or other person working at the employer’s place of<br>
     work who may be or may have been exposed to an atmospheric<br>
     contaminant that has been monitored is provided with the results of<br>
     the monitoring, and<br>
     (d) the monitoring records are readily accessible to any such<br>
     employee or person.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 56<br>
Prevention of falls from heights—particular risk control measures<br>
 <br>
 <br>
56 Prevention of falls from heights—particular risk control measures<br>
     (1) An employer must ensure that risks associated with falls from a<br>
     height are controlled by use of the following measures:<br>
          (a) provision and maintenance of:<br>
               (i) a stable and securely fenced work platform<br>
               (such as scaffolding or other form of portable<br>
               work platform), or<br>
               (ii) if compliance with subparagraph (i) is not<br>
               reasonably practicable—secure perimeter<br>
               screens, fencing, handrails or other forms of<br>
               physical barriers that are capable of preventing<br>
               the fall of a person, or<br>
               (iii) if compliance with subparagraph (ii) is not<br>
               reasonably practicable—other forms of physical<br>
               restraints that are capable of arresting the fall<br>
               of a person from a height of more than 2 metres,<br>
          (b) provision of a safe means of movement between different<br>
          levels at the place of work.<br>
     (2) If a fall arrest device is provided for use by persons at work,<br>
     the employer must ensure that:<br>
          (a) all anchorage points for the device are inspected by a<br>
          competent person before their first use and then on a<br>
          regular basis so they are capable of supporting the design<br>
          loads, and<br>
          (b) if the load-bearing capacity of an anchorage point is<br>
          impaired, the anchorage is immediately made inoperable so<br>
          as to prevent its use, and<br>
          (c) any harness, safety line or other component of the<br>
          device that shows wear or weakness to the extent it may<br>
          cause the device to fail is not used, and<br>
          (d) all persons using the device have received training in<br>
          the selection, assembly and use of the system, and<br>
          (e) adequate provision is made for the rescue of a person<br>
          whose fall is arrested by a fall arrest device.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 57<br>
Falling objects—particular risk control measures<br>
 <br>
 <br>
57 Falling objects—particular risk control measures<br>
An employer must ensure that risks associated with falling objects are<br>
controlled by use of the following measures:<br>
     (a) provision of safe means of raising and lowering plant, materials<br>
     and debris in the place of work,<br>
     (b) provision of a secure physical barrier to prevent objects falling<br>
     freely from buildings or structures in or in the vicinity of the<br>
     place of work,<br>
     (c) if it is not possible to provide a secure physical barrier,<br>
     provision of measures to arrest the fall of objects,<br>
     (d) provision of appropriate personal protective equipment.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 58<br>
Scaffolding—particular risk control measures<br>
 <br>
 <br>
58 Scaffolding—particular risk control measures<br>
An employer must ensure that:<br>
     (a) a scaffold from which a person or object could fall more than 4<br>
     metres, and its supporting structure, is inspected by a competent<br>
     person for compliance with this Regulation:<br>
          (i) before its first use, and<br>
          (ii) as soon as practicable, and before its next use, after<br>
          an occurrence that might reasonably be expected to affect<br>
          the stability or adequacy of the scaffold or its supporting<br>
          structure, such as a severe storm or earthquake, and<br>
          (iii) before its use following repairs, and<br>
          (iv) at intervals not exceeding 30 days, and<br>
     (b) if an inspection of a scaffold or its supporting structure<br>
     indicates an unsafe condition, appropriate repairs, alterations or<br>
     additions are carried out and the scaffold and its supporting<br>
     structure are re-inspected by a competent person before further use<br>
     of the scaffold, and<br>
     (c) if a scaffold is incomplete and left unattended, appropriate<br>
     controls, including the use of danger tags or warning signs, are used<br>
     to prevent unauthorised access to it, and<br>
     (d) the erection and dismantling of:<br>
          (i) scaffolds, and<br>
          (ii) temporarily erected structures, intended or used to<br>
          support sheetings, hoardings, guard rails, means of access<br>
          or egress and entertainment equipment,<br>
     is carried out in compliance with AS/NZS 1576.1:1995Scaffolding Part<br>
     1: General requirements.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 59<br>
Lifts—particular risk control measures<br>
 <br>
 <br>
59 Lifts—particular risk control measures<br>
An employer must ensure that, if a person is working in a lift well, adequate<br>
provision is made for the protection of the person from objects falling on the<br>
person or movement of the lift car, including provision of the following:<br>
     (a) a means of isolating the lift car to prevent movement,<br>
     (b) a safe working platform,<br>
     (c) adequate protection decking,<br>
     (d) suitable access to the lift well, working platform and protection<br>
     decking.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 60<br>
Brittle or fragile roofs—particular risk control measures<br>
 <br>
 <br>
60 Brittle or fragile roofs—particular risk control measures<br>
An employer must ensure that the risk of falls associated with persons working<br>
on or passing across roofs that are wholly or partly covered by brittle or<br>
fragile roofing material are controlled by use of the following measures:<br>
     (a) permanent walkways,<br>
     (b) if this is not practicable, adequately secured temporary walkways<br>
     or other means to prevent the fall of persons working on or passing<br>
     across the roof.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 61<br>
Building maintenance—particular risk control measures<br>
 <br>
 <br>
61 Building maintenance—particular risk control measures<br>
An employer must ensure that risks of falls associated with building<br>
maintenance, including window cleaning, from outside or through windows are<br>
controlled by:<br>
     (a) the provision of adequate safe access to the work area, or<br>
     (b) if compliance with paragraph (a) is not reasonably practicable,<br>
     the use of appropriate fall arrest devices.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 62<br>
Fire and explosion—particular risk control measures<br>
 <br>
 <br>
62 Fire and explosion—particular risk control measures<br>
     (1) An employer must ensure that risks associated with fire or<br>
     explosion at a place of work are controlled by:<br>
          (a) eliminating activities that have the potential to<br>
          generate flammable or explosive atmospheres from the work<br>
          process or, if elimination is not possible, minimising the<br>
          potential for flammable or explosive atmospheres by<br>
          providing adequate ventilation, and<br>
          (b) eliminating potential ignition sources, including naked<br>
          flame, hot work and electrical equipment, and sources of<br>
          static electricity, including friction, welding and<br>
          slipping belts, from proximity to flammable substances,<br>
          combustible dusts or waste materials, and<br>
          (c) enclosing work areas containing flammable or explosive<br>
          atmospheres, and<br>
          (d) removing waste materials and accumulated dust on a<br>
          regular basis, and<br>
          (e) providing for adequate storage, transportation and<br>
          disposal of flammable substances, and<br>
          (f) any other measures necessary to control the risks.<br>
     (2) If flammable substances, combustible dusts or waste materials are<br>
     present at a place of work, an employer must monitor the place<br>
     regularly to ensure:<br>
          (a) the removal, on a regular basis, of waste material,<br>
          including dust, that could pose a fire or explosion hazard,<br>
          and<br>
          (b) the continued effectiveness of control measures taken<br>
          with respect to potential ignition sources.<br>
     (3) This clause does not apply to a mining workplace that is a mine,<br>
     or to a coal workplace, to the extent that more exacting standards<br>
     are created by or under another Act in relation to risks associated<br>
     with fire or explosion at that mining workplace or coal workplace<br>
     than are made by this clause.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 63<br>
Application<br>
 <br>
 <br>
63 Application<br>
In the event of an inconsistency between the requirements of this Division and<br>
the regulations under the Electricity (Consumer Safety) Act 2004, the<br>
requirements of those regulations prevail.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 64<br>
Electricity—particular risk control measures<br>
 <br>
 <br>
64 Electricity—particular risk control measures<br>
     (1) An employer must ensure that any risk of injury from electricity<br>
     at a place of work is eliminated or, if elimination is not reasonably<br>
     practicable, the risk is controlled.<br>
     (2) An employer must ensure that:<br>
          (a) all electrical installations at a place of work are<br>
          inspected and tested, after they are installed and prior to<br>
          their energising for normal use, by a competent person to<br>
          ensure they are safe for use, and<br>
          (a1) all electrical installations at a place of work are<br>
          maintained by a competent person to ensure they remain safe<br>
          for use, and<br>
          (a2) all electrical articles that are used in construction<br>
          work are regularly inspected, tested and maintained by a<br>
          competent person to ensure they are safe for use if the<br>
          articles are supplied with electricity through an<br>
          electrical outlet socket, and<br>
          (a3) all electrical articles that are supplied with<br>
          electricity through an electrical outlet socket that are at<br>
          a place of work where the safe operation of the electrical<br>
          article could be affected by a hostile operating<br>
          environment are regularly inspected, tested and maintained<br>
          by a competent person to ensure they are safe for use, and<br>
          (a4) all electrical installations and electrical articles<br>
          at a place of work that are found to be unsafe are<br>
          disconnected from the electricity supply and are repaired,<br>
          replaced or permanently removed from use, and<br>
          (b) plant is not used in conditions likely to give rise to<br>
          electrical hazards, and<br>
          (c) appropriate work systems are provided to prevent<br>
          inadvertent energising of plant connected to the<br>
          electricity supply, and<br>
          (d) if excavation work is to be carried out at a place of<br>
          work, all available information concerning the position of<br>
          underground electrical cables is obtained and disseminated<br>
          to persons at the place, and<br>
          (e) persons at work, their plant, tools or other equipment<br>
          and any materials used in or arising from the work do not<br>
          come into close proximity with overhead electrical power<br>
          lines (except if the work is done in accordance with a<br>
          written risk assessment and safe system of work and the<br>
          requirements of the relevant electricity supply authority),<br>
          and<br>
          (f) any electrical cord extension sets, flexible cables or<br>
          fittings:<br>
               (i) are located where they are not likely to be<br>
               damaged (including damage by liquids) or are<br>
               protected against any damage, and<br>
               (ii) are not laid across passageways or<br>
               accessways unless they are suitably protected,<br>
               and<br>
          (g) adequate signs to warn of the hazards, and (if<br>
          necessary) restrict access, are provided at or near any<br>
          area in which there is a risk of exposure of persons to<br>
          hazards arising from electricity.<br>
     (3) In this clause, "hostile operating environment" means an<br>
     operating environment at a place of work where an electrical article<br>
     is in its normal use subjected to operating conditions that are<br>
     likely to result in damage to the article, and, for example, includes<br>
     an operating environment that may:<br>
          (a) cause mechanical damage to the article, or<br>
          (b) expose the article to moisture, heat, vibration,<br>
          corrosive substances or dust that is likely to result in<br>
          damage to the article.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 65<br>
Maintenance of records—electricity<br>
 <br>
 <br>
65 Maintenance of records—electricity<br>
     (1) An employer must ensure that a record is made and kept of all<br>
     inspections and tests made and maintenance carried out on electrical<br>
     articles and electrical installations required by this Part.<br>
     (2) In particular, the following information is to be recorded:<br>
          (a) the name of the person who made the inspection or<br>
          carried out the test or maintenance,<br>
          (b) the date on which, or dates over which, the inspection<br>
          was made or the test or maintenance was carried out,<br>
          (c) the result or outcome of the inspection, test or<br>
          maintenance,<br>
          (d) the date by which the next inspection and test must be<br>
          carried out.<br>
     Maximum penalty: Level 2.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 65A<br>
No application to underground parts of mining workplaces or coal workplaces<br>
 <br>
 <br>
65A No application to underground parts of mining workplaces or coal workplaces<br>
This Division does not apply to the underground parts of a mining workplace or<br>
coal workplace.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 66<br>
Definitions<br>
 <br>
 <br>
66 Definitions<br>
In this Division:<br>
"confined space", in relation to a place of work, means an enclosed or<br>
partially enclosed space that:<br>
     (a) is not intended or designed primarily as a place of work, and<br>
     (b) is at atmospheric pressure while persons are in it, and<br>
     (c) may have an atmosphere with potentially harmful contaminants, an<br>
     unsafe level of oxygen or stored substances that may cause<br>
     engulfment, and<br>
     (d) may (but need not) have restricted means of entry and exit.<br>
Examples of confined spaces are as follows:<br>
     (a) storage tanks, tank cars, process vessels, boilers, pressure<br>
     vessels, silos and other tank-like compartments,<br>
     (b) open-topped spaces such as pits or degreasers,<br>
     (c) pipes, sewers, shafts, ducts and similar structures,<br>
     (d) shipboard spaces entered through a small hatchway or access<br>
     point, cargo tanks, cellular double bottom tanks, duct keels, ballast<br>
     and oil tanks and void spaces (but not including dry cargo holds).<br>
"safe oxygen level" means a minimum oxygen content in air of 19.5% by volume<br>
under normal atmospheric pressure and a maximum oxygen content in air of 23.5%<br>
by volume under normal atmospheric pressure.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 67<br>
Application<br>
 <br>
 <br>
67 Application<br>
This Division applies to work in a confined space at any place of work.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 68<br>
Entry to or work in or on confined space—particular risk control measures<br>
 <br>
 <br>
68 Entry to or work in or on confined space—particular risk control measures<br>
An employer must ensure that no person enters a confined space or that work is<br>
not carried out inside or on the outside of a confined space if:<br>
     (a) there is a risk to the health and safety of a person entering,<br>
     occupying or working on the surface of the confined space, or<br>
     (b) there is a risk of fire or explosion,<br>
and the risk has not been controlled as required by this Regulation.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 69<br>
Isolation or control of potentially hazardous services—particular risk<br>
control measures<br>
 <br>
 <br>
69 Isolation or control of potentially hazardous services—particular risk<br>
control measures<br>
An employer must ensure that no person enters a confined space unless all<br>
potentially hazardous services that are normally connected to the confined<br>
space are isolated or otherwise controlled so as to prevent:<br>
     (a) the introduction of any materials, contaminants, agents or<br>
     conditions that may be harmful to a person occupying the confined<br>
     space, or<br>
     (b) the activation or energising in any way of equipment or services<br>
     that may pose a risk to the health or safety of a person inside the<br>
     confined space.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 70<br>
Purging before entry—particular risk control measures<br>
 <br>
 <br>
70 Purging before entry—particular risk control measures<br>
     (1) An employer must ensure that, if appropriate, a confined space is<br>
     cleared of all contaminants by use of a suitable purging agent by<br>
     which contaminants are displaced from the confined space before a<br>
     person enters the confined space.<br>
     (2) An employer must ensure that pure oxygen or a gas mixture in a<br>
     concentration of more than 21% of oxygen by volume is not used for<br>
     the purging or ventilation of a confined space.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 71<br>
Safety of atmosphere—particular risk control measures<br>
 <br>
 <br>
71 Safety of atmosphere—particular risk control measures<br>
     (1) Subject to subclause (4), an employer must ensure that no person<br>
     enters a confined space unless:<br>
          (a) the confined space contains a safe oxygen level, and<br>
          (b) any atmospheric contaminants in the confined space are<br>
          reduced below the appropriate exposure standards referred<br>
          to in clause 51 (Atmospheric contaminants—particular risk<br>
          control measures), and<br>
          (c) the confined space is free from extremes of<br>
          temperature, and<br>
          (d) the concentration of any flammable contaminant in the<br>
          atmosphere of the confined space is below 5% of its LEL.<br>
     (2) An employer must ensure that, if a concentration of flammable<br>
     contaminant in the atmosphere of a confined space is found to be more<br>
     than 5% of its LEL and less than 10% of its LEL, all persons leave<br>
     the confined space unless a continuous monitoring, suitably<br>
     calibrated flammable contaminant detector is used in the confined<br>
     space at all times while persons are present in it.<br>
     (3) An employer must ensure that, if a concentration of flammable<br>
     contaminant in the atmosphere of a confined space is found to be 10%<br>
     of its LEL or more, all persons leave the confined space.<br>
     (4) If a safe oxygen level cannot be provided or atmospheric<br>
     contaminants cannot be reduced to safe levels in a confined space,<br>
     persons may enter the space if equipped with suitable personal<br>
     protective equipment including air supplied respiratory protective<br>
     equipment.<br>
     (5) If an atmospheric contaminant is present in a confined space, or<br>
     a confined space contains less than 19.5% oxygen, an employer must<br>
     provide warning signs.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 72<br>
Entry permits—particular risk control measures<br>
 <br>
 <br>
72 Entry permits—particular risk control measures<br>
     (1) An employer must ensure that no person enters or works in or on a<br>
     confined space unless authorised by an entry permit given by the<br>
     employer.<br>
     (2) An entry permit must:<br>
          (a) be in writing, and<br>
          (b) identify the confined space, and<br>
          (c) clearly describe the work to be carried out in or on<br>
          the confined space, and<br>
          (d) set out risk control measures to be taken, and<br>
          (e) record the names of all persons who may enter or work<br>
          in or on the confined space, and<br>
          (f) record the dates and times when the persons may enter<br>
          or be in or on the confined space to carry out the work.<br>
     (3) The entry permit must be provided to the person responsible for<br>
     direct control of the work to be carried out in or on the confined<br>
     space.<br>
     (4) The employer must ensure that the persons who are to carry out<br>
     the work are informed of and comply with the requirements of the<br>
     entry permit.<br>
     (5) The employer must ensure that, before authorisation is given for<br>
     the confined space to be returned to service, the person in direct<br>
     control of the work in the confined space acknowledges, in writing,<br>
     that:<br>
          (a) the work in or on the confined space has been<br>
          completed, and<br>
          (b) all persons involved in the carrying out of the work<br>
          have left the confined space.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 73<br>
Stand-by persons—particular risk control measures<br>
 <br>
 <br>
73 Stand-by persons—particular risk control measures<br>
     (1) An employer must ensure that one or more stand-by persons are<br>
     present outside a confined space when any person is inside the<br>
     confined space.<br>
          Maximum penalty: Level 4.<br>
     (2) In this clause, "stand-by person" means a competent person who:<br>
          (a) is assigned to remain on the outside of, and in close<br>
          proximity to, the confined space, and<br>
          (b) is capable of being in continuous communication with<br>
          and, if practicable, able to observe persons inside the<br>
          confined space, and<br>
          (c) is capable of operating monitoring equipment used to<br>
          ensure safety during entry to and work in the confined<br>
          space, and<br>
          (d) is capable of initiating emergency procedures<br>
          (including rescue procedures), if necessary.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 74<br>
Emergencies—particular risk control measures<br>
 <br>
 <br>
74 Emergencies—particular risk control measures<br>
     (1) An employer must, when persons are inside a confined space,<br>
     ensure that emergency equipment (including rescue and first aid<br>
     equipment) appropriate for the particular circumstances in which the<br>
     persons are inside the space is provided.<br>
     (2) An employer must ensure that emergency procedures are planned,<br>
     established and rehearsed in relation to the presence of persons in a<br>
     confined space.<br>
     (3) An employer must ensure that:<br>
          (a) openings for entry to and egress from a confined space<br>
          are of adequate size to permit the rescue of all persons<br>
          who may be in the space, and<br>
          (b) openings are not obstructed by fittings or equipment<br>
          that could impede the rescue of persons or, alternatively,<br>
          if this cannot be done, that another suitable means of<br>
          rescue is provided.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 75<br>
Entry protection—particular risk control measures<br>
 <br>
 <br>
75 Entry protection—particular risk control measures<br>
An employer must ensure that appropriate signs are displayed and protective<br>
barriers are erected to prevent the entry into a confined space of persons who<br>
are not authorised by an entry permit referred to in clause 72.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 76<br>
Atmospheric testing and monitoring—particular risk control measures<br>
 <br>
 <br>
76 Atmospheric testing and monitoring—particular risk control measures<br>
An employer must ensure that appropriate atmospheric testing and monitoring is<br>
carried out if a confined space has or may:<br>
     (a) become contaminated with an atmospheric contaminant, or<br>
     (b) become contaminated with a flammable contaminant, or<br>
     (c) have an oxygen level that is not a safe oxygen level.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 77<br>
Training<br>
 <br>
 <br>
77 Training<br>
     (1) An employer must provide training for all persons who are<br>
     required to work in or on a confined space in all relevant activities<br>
     relating to entering and working in or on the confined space.<br>
          Maximum penalty: Level 4.<br>
     (2) The training program must include instruction in the following:<br>
          (a) the hazards of confined spaces,<br>
          (b) risk assessment procedures,<br>
          (c) risk control measures,<br>
          (d) emergency procedures,<br>
          (e) selection, use, fitting and maintenance of safety<br>
          equipment.<br>
          Maximum penalty: Level 4.<br>
     (3) Training must also be provided for persons who:<br>
          (a) perform assessments in relation to the safety of<br>
          confined spaces, and<br>
          (b) issue entry permits for work in confined spaces, and<br>
          (c) design and fix the layout of work places, and<br>
          (d) manage or supervise (or both) persons working in or<br>
          near confined spaces, including any contractor, and<br>
          (e) maintain equipment used for and during entry to<br>
          confined spaces, and<br>
          (f) purchase, distribute, fit, wear or maintain personal<br>
          protective equipment used in relation to the carrying out<br>
          of work in confined spaces, and<br>
          (g) are on stand-by in relation to work in confined spaces,<br>
          and<br>
          (h) are involved in rescue and first aid procedures in<br>
          relation to work in confined spaces.<br>
          Maximum penalty: Level 4.<br>
     (4) An employer must make a written record of:<br>
          (a) the training provided, and<br>
          (b) the persons to whom the training is provided.<br>
          Maximum penalty (subclause (4)): Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 78<br>
Record keeping<br>
 <br>
 <br>
78 Record keeping<br>
     (1) An employer must keep and maintain:<br>
          (a) entry permits in relation to work in confined spaces<br>
          for a period of one month after return of the confined<br>
          spaces to service, and<br>
          (b) risk assessment reports in relation to work in confined<br>
          spaces for 5 years after the date of preparation, and<br>
          (c) records of training in relation to work in confined<br>
          spaces for the terms of employment of persons to whom the<br>
          training has been provided.<br>
     (2) Despite subclause (1), the documents referred to in that<br>
     subclause are to be kept for such period as is appropriate in cases<br>
     where continued surveillance of the health of employees or other<br>
     continued monitoring is required.<br>
          Note: See also clause 171 (Employer to retain certain<br>
          material as record) as to the responsibilities of employers<br>
          as to record keeping.<br>
     (3) All records kept in accordance with this clause are to be made<br>
     available to regulatory authority inspectors and employees (in<br>
     relation to their own personal circumstances) on request.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Part 4.4<br>
<br>
"Employer", for the purposes of this Part, includes self-employed persons (see<br>
clause 3).<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 79<br>
Definition<br>
 <br>
 <br>
79 Definition<br>
In this Part:<br>
"manual handling" means any activity requiring the use of force exerted by a<br>
person to lift, lower, push, pull, carry or otherwise move, hold or restrain<br>
any animate or inanimate object.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 80<br>
Employer to control risks<br>
 <br>
 <br>
80 Employer to control risks<br>
     (1) An employer must ensure that:<br>
          (a) all objects are, where appropriate and as far as<br>
          reasonably practicable, designed, constructed and<br>
          maintained so as to eliminate risks arising from the manual<br>
          handling of the objects, and<br>
          (b) work practices used in a place of work are designed so<br>
          as to eliminate risks arising from manual handling, and<br>
          (c) the working environment is designed to be, as far as<br>
          reasonably practicable and to the extent that it is within<br>
          the employer’s control, consistent with the safe handling<br>
          of objects.<br>
     (2) If it is not reasonably practicable to eliminate a risk arising<br>
     from manual handling, an employer must design the work activity<br>
     involving manual handling to control the risk and, if necessary,<br>
     must:<br>
          (a) modify the design of the objects to be handled or the<br>
          work environment (to the extent that it is under the<br>
          employer’s control), taking into account work design and<br>
          work practices, and<br>
          (b) provide mechanical aids or, subject to subclause (3),<br>
          make arrangements for team lifting, or both, and<br>
          (c) ensure that the persons carrying out the activity are<br>
          trained in manual handling techniques, correct use of<br>
          mechanical aids and team lifting procedures appropriate to<br>
          the activity.<br>
     (3) An employer must, as far as reasonably practicable, achieve risk<br>
     control by means other than team lifting.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 81<br>
Assessment of risks<br>
 <br>
 <br>
81 Assessment of risks<br>
An employer, in carrying out a risk assessment in accordance with Chapter 2 in<br>
relation to manual handling, must take into consideration (where relevant) the<br>
following factors:<br>
     (a) actions and movements (including repetitive actions and<br>
     movements),<br>
     (b) workplace and workstation layout,<br>
     (c) working posture and position,<br>
     (d) duration and frequency of manual handling,<br>
     (e) location of loads and distances moved,<br>
     (f) weights and forces,<br>
     (g) characteristics of loads and equipment,<br>
     (h) work organisation,<br>
     (i) work environment,<br>
     (j) skills and experience,<br>
     (k) age,<br>
     (l) clothing,<br>
     (m) special needs (temporary or permanent),<br>
     (n) any other factors considered relevant by the employer, the<br>
     employees or their representatives on health and safety issues.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 81A<br>
Definitions<br>
 <br>
 <br>
81A Definitions<br>
In this Part:<br>
"activities" of a person include anything done or omitted to be done by the<br>
person, anything done or omitted to be done under the terms of a contract to<br>
which the person is a party, anything done or omitted to be done by the<br>
person’s employee or agent in the course of his or her employment or agency<br>
and anything done or omitted to be done in accordance with a work practice over<br>
which the person has control.<br>
"carrier" means a person who in the course of the person’s business<br>
(including a business carried on under a franchise or other arrangement)<br>
transports freight for another person by means of a motor vehicle.<br>
"combination" means a group of vehicles consisting of a motor vehicle connected<br>
to one or more vehicles.<br>
"consignee" means a person to whom a consignment of freight is to be delivered,<br>
being a person who carries on business of which a substantial part is<br>
prescribed business.<br>
"consignor" means a person from whom a consignment of freight is to be<br>
delivered, being a person who carries on business of which a substantial part<br>
is prescribed business.<br>
"contract" includes a series of contracts.<br>
"driver fatigue management plan" means a plan that sets out how the person<br>
required to prepare the plan will meet its obligations under the Act and this<br>
Regulation in relation to any risk associated with the fatigue of drivers that<br>
transport freight long distance.<br>
"freight" includes goods, materials, livestock or any other things, but does<br>
not include persons.<br>
"GVM" has the same meaning as in the Road Transport (Vehicle Registration) Act<br>
1997.<br>
"head carrier" means a carrier other than a self employed carrier.<br>
"heavy truck" means:<br>
     (a) a motor vehicle with a GVM over 4.5 tonnes, or<br>
     (b) a motor vehicle forming part of a combination if the total of the<br>
     GVMs of the vehicles in the combination is over 4.5 tonnes.<br>
"motor vehicle" means a vehicle that is built to be propelled by a motor that<br>
forms part of the vehicle.<br>
"prescribed business" means business that falls within one or more of the<br>
following Divisions recognised in the Australian and New Zealand Standard<br>
Industrial Classification (ANZSIC), 1993 edition (Australian Bureau of<br>
Statistics publication, Catalogue No 1292.0):<br>
     (a) Agriculture, Forestry and Fishing (Division A),<br>
     (b) Mining (Division B),<br>
     (c) Manufacturing (Division C),<br>
     (d) Construction (Division E),<br>
     (e) Wholesale Trade (Division F),<br>
     (f) Retail Trade (Division G),<br>
     (g) Accommodation, Cafes and Restaurants (Division H),<br>
     (h) Transport and Storage (Division I),<br>
     (i) Communication Services (Division J),<br>
     (j) Property and Business Services (Division L),<br>
     (k) Cultural and Recreational Services (Division P).<br>
"self-employed carrier" means:<br>
     (a) a partnership that carries on business as a carrier, being a<br>
     business in which any heavy truck used for the transport of freight<br>
     is driven only by a partner of the business, or<br>
     (b) a body corporate that carries on business as a carrier, being a<br>
     business in which any heavy truck used for the transport of freight<br>
     is driven only by:<br>
          (i) a director of the body corporate or a member of the<br>
          family of a director of the body corporate, or<br>
          (ii) a person who, together with the members of his or her<br>
          family, has a controlling interest in the body corporate,<br>
          or<br>
          (iii) a member of the family of a person who, together with<br>
          the members of his or her family, has a controlling<br>
          interest in the body corporate, or<br>
     (c) an individual who carries on business as a carrier, being a<br>
     business in which any heavy truck used for the transport of freight<br>
     is driven only by the individual.<br>
     Note: The classes of persons that are taken to be self-employed<br>
     carriers for the purposes of this Part are based on those specified<br>
     in section 309 of the Industrial Relations Act 1996.<br>
"transport freight long distance" means transport freight by means of a heavy<br>
truck (whether by means of a single journey or a series of journeys) more than<br>
500 kilometres, including any part of the journey or journeys where no freight<br>
is transported because the heavy truck is being driven to collect freight or to<br>
return to base after transporting freight.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 81B<br>
Duty to assess and manage fatigue of drivers<br>
 <br>
 <br>
81B Duty to assess and manage fatigue of drivers<br>
     (1) An employer must not cause or permit any of its employees to<br>
     transport freight long distance unless:<br>
          (a) the employer has assessed the risk of harm from fatigue<br>
          to the employee’s health or safety in doing so, and<br>
          (b) to the extent to which the employer’s activities<br>
          contribute to that risk:<br>
               (i) the employer has eliminated the risk, or<br>
               (ii) if elimination of the risk is not reasonably<br>
               practicable, the employer has controlled the<br>
               risk.<br>
          Maximum penalty: Level 4.<br>
          Note: Employers of drivers are also covered by clauses 10<br>
          and 11 of this Regulation. Clause 11 provides that an<br>
          employer must eliminate any reasonably foreseeable risk to<br>
          the health or safety of any employee of the employer or if<br>
          it is not reasonably practicable to eliminate the risk,<br>
          then the employer must control the risk.<br>
     (2) A head carrier must not enter into a contract with a self-<br>
     employed carrier under which the self-employed carrier undertakes to<br>
     transport freight long distance unless:<br>
          (a) the head carrier has assessed the risk of harm from<br>
          fatigue to the health or safety of any driver who<br>
          transports freight long distance under the contract, and<br>
          (b) to the extent to which the head carrier’s activities<br>
          contribute to that risk:<br>
               (i) the head carrier has eliminated the risk, or<br>
               (ii) if elimination of the risk is not reasonably<br>
               practicable, the head carrier has controlled the<br>
               risk.<br>
          Maximum penalty: Level 4.<br>
     (3) A consignor or consignee must not enter into a contract with a<br>
     self-employed carrier under which the self-employed carrier<br>
     undertakes to transport freight long distance unless:<br>
          (a) the consignor or consignee has assessed the risk of<br>
          harm from fatigue to the health or safety of any driver<br>
          that transports freight long distance under the contract,<br>
          and<br>
          (b) to the extent to which the consignor or consignee’s<br>
          activities contribute to that risk:<br>
               (i) the consignor or consignee has eliminated the<br>
               risk, or<br>
               (ii) if elimination of the risk is not reasonably<br>
               practicable, the consignor or consignee has<br>
               controlled the risk.<br>
          Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 81C<br>
Duty of consignors and consignees to make inquiries as to likely fatigue of<br>
drivers<br>
 <br>
 <br>
81C Duty of consignors and consignees to make inquiries as to likely fatigue of<br>
drivers<br>
A consignor or consignee must not enter a contract with a head carrier for the<br>
transport of freight long distance unless the consignor or consignee has<br>
satisfied itself on reasonable grounds:<br>
     (a) that any delivery timetable is reasonable as regards the fatigue<br>
     of any driver transporting freight long distance under the contract,<br>
     taking into account industry knowledge of a reasonable time for the<br>
     making of such a trip (including loading, unloading and queuing<br>
     times), and<br>
     (b) that each driver who will transport freight long distance under<br>
     the contract is covered by a driver fatigue management plan.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 81D<br>
Driver fatigue management plans<br>
 <br>
 <br>
81D Driver fatigue management plans<br>
     (1) An employer (other than a self-employed carrier) must prepare a<br>
     driver fatigue management plan for all its employees who are drivers<br>
     who, in the course of their employment, transport freight long<br>
     distance.<br>
          Maximum penalty: Level 3.<br>
     (2) A head carrier that enters into a contract with a self-employed<br>
     carrier under which the self-employed carrier undertakes to transport<br>
     freight long distance must prepare a driver fatigue management plan<br>
     for all drivers who transport freight long distance under the<br>
     contract.<br>
          Maximum penalty: Level 3.<br>
     (3) A consignor or consignee that enters into a contract with a self-<br>
     employed carrier under which the self-employed carrier undertakes to<br>
     transport freight long distance must prepare a driver fatigue<br>
     management plan for all drivers who transport freight long distance<br>
     under the contract.<br>
          Maximum penalty: Level 3.<br>
     (4) A driver fatigue management plan prepared under this clause must<br>
     address each of the following matters to the extent to which they may<br>
     affect driver fatigue:<br>
          (a) trip schedules and driver rosters, taking into account<br>
          the following:<br>
               (i) times required to perform tasks safely,<br>
               (ii) times actually taken to perform tasks,<br>
               (iii) rest periods required to recover from the<br>
               fatigue effects of work,<br>
               (iv) the cumulative effects of fatigue over more<br>
               than one day,<br>
               (v) the effect of the time of day or night on<br>
               fatigue,<br>
          (b) management practices, including the following:<br>
               (i) methods for assessing the suitability of<br>
               drivers,<br>
               (ii) systems for reporting hazards and incidents,<br>
               (iii) systems for monitoring driver’s health<br>
               and safety,<br>
          (c) work environment and amenities,<br>
          (d) training and information about fatigue that is provided<br>
          to drivers,<br>
          (e) loading and unloading schedules, practices and systems,<br>
          including queuing practices and systems,<br>
          (f) accidents or mechanical failures.<br>
     (5) A person who is required to prepare a driver fatigue management<br>
     plan may amend or replace the plan at any time.<br>
     (6) A person who is required to prepare a driver fatigue management<br>
     plan:<br>
          (a) must consult in accordance with Division 2 of Part 2 of<br>
          the Act during the preparation of the plan and at each time<br>
          the person proposes to amend or replace the plan (except if<br>
          the proposed amendment or replacement would only change the<br>
          effect of the plan in a minor way), and<br>
          (b) must ensure that the person’s activities are<br>
          consistent with that plan, and<br>
          (c) must make a copy of the plan available to each driver<br>
          covered by the plan.<br>
          Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 81E<br>
Application of Part to consignors and consignees and their agents<br>
 <br>
 <br>
81E Application of Part to consignors and consignees and their agents<br>
     (1) Clauses 81B (3), 81C and 81D (3) apply to an agent or other<br>
     person acting on behalf of a consignor or consignee in the same way<br>
     as they apply to a consignor or consignee.<br>
     (2) If an offence under clause 81B (3), 81C or 81D (3) is committed<br>
     by an agent or other person acting on behalf of a consignor or<br>
     consignee, the consignor or consignee is also guilty of the offence.<br>
     (3) Clauses 81B (3), 81C and 81D (3) do not apply to or in respect of<br>
     either of the following:<br>
          (a) a consignor or consignee that employs fewer than 200<br>
          employees (including persons carrying out work for the<br>
          consignor or consignee under labour hire arrangements),<br>
          (b) an agent or other person acting on behalf of a<br>
          consignor or consignee referred to in paragraph (a).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 81F<br>
Records<br>
 <br>
 <br>
81F Records<br>
     (1) A person who is required to prepare a driver fatigue management<br>
     plan is to keep the following documents:<br>
          (a) all driver fatigue management plans prepared by the<br>
          person,<br>
          (b) all contracts entered into in the course of the<br>
          person’s business (including any contracts of employment)<br>
          that relate to the transportation of freight long distance,<br>
          (c) all trip schedules, delivery timetables and driver<br>
          rosters prepared by or on behalf of the person or to which<br>
          the person has access, but only for those drivers for whom<br>
          the person was required to prepare a driver fatigue<br>
          management plan,<br>
          (d) any risk assessments made by or on behalf of the person<br>
          that relate to the fatigue of drivers of heavy trucks.<br>
          Maximum penalty: Level 1.<br>
     (2) A person who is required to be satisfied of the matters set out<br>
     in clause 81C is to keep all documents that the person relied on to<br>
     be satisfied of those matters including the relevant contract and any<br>
     relevant trip schedules, delivery timetables and driver rosters to<br>
     which the person has access.<br>
          Maximum penalty: Level 1.<br>
     (3) Despite subclauses (1) and (2), a person:<br>
          (a) is not required to keep a driver fatigue management<br>
          plan or a contract for more than 5 years after the plan or<br>
          contract ceases to have effect, and<br>
          (b) is not required to keep a trip schedule, delivery<br>
          timetable or driver roster for more than 5 years after the<br>
          end of the period covered by the schedule, timetable or<br>
          roster, and<br>
          (c) is not required to keep a risk assessment for more than<br>
          5 years after the assessment is made, and<br>
          (d) is not required to keep any document that is required<br>
          to be kept under subclause (2) for more than 5 years after<br>
          the relevant contract ceases to have effect.<br>
     (4) For the purposes of this clause, if a document is amended in a<br>
     material way, each version of the document as amended is to be dealt<br>
     with as a separate document.<br>
     (5) A person who is required to keep documents under this clause must<br>
     make those documents available for inspection by an inspector or an<br>
     authorised representative in accordance with a request by the<br>
     inspector or authorised representative and, in any event, no later<br>
     than 7 days after the date of the request.<br>
          Maximum penalty: Level 1.<br>
     (6) In this clause:<br>
     "authorised representative" means an authorised representative within<br>
     the meaning of Division 3 of Part 5 of the Act who is exercising<br>
     functions under that Division.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Chapter 5This Chapter imposes obligations on employers, among others.<br>
<br>
"Employer", for the purposes of this Chapter, includes self-employed persons<br>
(see clause 3).<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 82<br>
Definitions<br>
 <br>
 <br>
82 Definitions<br>
In this Chapter:<br>
"alter", in relation to plant, means change the design of, add to or take away<br>
from the plant if the change may affect health or safety, but does not include<br>
routine maintenance, repair or replacement.<br>
"AMBSC Code—Part 1: Copper Boilers" means the Australian Miniature Boiler<br>
Safety Committee Code Part 1, Issue 6�?994, Copper Boilers, published by the<br>
Australian Miniature Boiler Safety Committee.<br>
"AMBSC Code—Part 2: Steel Boilers" means the Australian Miniature Boiler<br>
Safety Committee Code Part 2, Issue 4�?995, Steel Boilers, published by the<br>
Australian Miniature Boiler Safety Committee.<br>
"amusement device" means equipment operated for hire or reward that provides<br>
entertainment, sightseeing or amusement through movement of the equipment, or<br>
part of the equipment, or when passengers travel on, around or along the<br>
equipment but does not include any of the following:<br>
     (a) a crane, conveyor, escalator, hoist, lift or moving walk,<br>
     (b) a railway to which the Rail Safety Act 1993 applies,<br>
     (c) a vehicle that is required to be registered under the Road<br>
     Transport (Vehicle Registration) Act 1997,<br>
     (d) a vessel to which the Commercial Vessels Act 1979 applies,<br>
     (e) an aircraft to which the Air Navigation Act 1938 applies.<br>
"boiler" means a vessel or an arrangement of vessels and interconnecting parts,<br>
in which steam or other vapour is generated, or water or other liquid is heated<br>
at a pressure above that of the atmosphere, by the application of fire, the<br>
products of combustion, electrical power or similar high temperature means,<br>
including superheaters, reheaters, economisers, boiler piping, supports,<br>
mountings, valves, gauges, fittings, controls, the boiler setting and directly<br>
associated equipment but does not include a fully flooded or pressurised system<br>
in which water or other liquid is heated to a temperature lower than the normal<br>
atmospheric boiling temperature of the liquid.<br>
"boom-type elevating work platform" means a powered telescoping device, hinged<br>
device or articulated device, or any combination of these devices, used to<br>
support a platform that can be propelled horizontally as well as vertically and<br>
on which personnel, equipment or materials can be elevated, being a platform<br>
that can be projected laterally outside its wheelbase.<br>
"bridge crane" means a crane comprising a bridge beam mounted at each end on an<br>
end carriage, capable of travelling along elevated runways and having one or<br>
more hoisting mechanisms arranged to traverse across the bridge.<br>
"building maintenance equipment" means a suspended platform and associated<br>
equipment, including a building maintenance unit or a swing stage, that<br>
incorporates permanently installed overhead supports to provide access to the<br>
faces of a building for maintenance, but does not include a suspended scaffold.<br>
"building maintenance unit" means a power operated suspended platform and<br>
associated equipment on a building specifically designed to provide permanent<br>
access to the faces of the building for maintenance.<br>
"coin operated amusement device" means a power operated device that:<br>
     (a) is intended to be ridden, at the one time, by no more than 4<br>
     children below the age of 10 years, and<br>
     (b) is usually located in a shopping centre or similar public<br>
     location, and<br>
     (c) does not necessarily have an operator.<br>
"commissioning" of plant means performing the necessary adjustments, tests and<br>
inspections to ensure plant is in full working order to specified requirements<br>
before the plant is used, and includes recommissioning.<br>
"concrete placing unit" means mobile truck-mounted plant incorporating a<br>
knuckle boom that is capable of power operated slewing and luffing to place<br>
concrete by way of pumping through a pipeline attached to, or forming part of,<br>
the boom of the plant.<br>
"conveyor" means an apparatus or equipment operated by any power other than<br>
manual power, by which loads are raised, lowered or transported or capable of<br>
being raised, lowered, transported or continuously driven by:<br>
     (a) an endless belt, rope or chain or other similar means, or<br>
     (b) buckets, trays or other containers or fittings moved by an<br>
     endless belt, rope, chain or other similar means, or<br>
     (c) a rotating screw, or<br>
     (d) rollers,<br>
and includes the supporting structure and auxiliary equipment and used in<br>
connection with the conveyor.<br>
"crane" means an appliance intended for raising or lowering a load and moving<br>
it horizontally and includes the supporting structure of the crane and its<br>
foundations, but does not include industrial lift trucks, earthmoving<br>
machinery, amusement devices, tractors, industrial robots, conveyors, building<br>
maintenance equipment, suspended scaffolds or lifts.<br>
"designer" of plant includes an employer or self-employed person who designs<br>
plant for his, her or its own use at work.<br>
"earthmoving machinery" means an operator controlled item of plant used to<br>
excavate, load, transport, compact or spread earth, overburden, rubble, spoil,<br>
aggregate or similar material but does not include a tractor or industrial lift<br>
truck.<br>
"elevating work platform" means a telescoping device, scissor device or<br>
articulating device, or any combination of those devices, used to move<br>
personnel, equipment or materials to and from work locations above the support<br>
surface.<br>
"erect" includes altering the structure of plant.<br>
"ergonomic", in relation to the functioning of plant and systems of work<br>
associated with plant, means optimised by adaptation to human capacity or need.<br>
"fault" means a break or defect that may cause plant to present an increased<br>
risk to health and safety and, in the case of a fault in the design of plant,<br>
means an aspect of the design that may cause the plant to be a risk to health<br>
and safety if manufactured in accordance with the design specifications.<br>
"fired heater" means a pressure vessel in which a liquid is heated below its<br>
atmospheric boiling temperature or a process fluid is heated in tubes above or<br>
below its atmospheric boiling temperature by the application of fire, the<br>
products of combustion or electric power or similar high temperature means.<br>
"gantry crane" means a crane comprising a bridge beam, supported at each end by<br>
legs mounted on end carriages, capable of travelling on supporting surfaces or<br>
deck levels, whether fixed or not and that has a crab with one or more hoisting<br>
units arranged to travel across the bridge.<br>
"gas cylinder" means a particular rigid pressure vessel, exceeding 0.1 kg but<br>
not exceeding 3,000 kg water capacity, without openings or integral attachments<br>
on the shell other than at the ends, designed for the storage and transport of<br>
gas under pressure.<br>
"guard" means a device that prevents or reduces access to a danger point or<br>
area.<br>
"hoist" means an appliance intended for raising or lowering a load or persons,<br>
or both, and includes a scissor type elevating work platform, mast-climbing<br>
work platform, personnel and materials hoist, scaffolding hoist and serial<br>
hoist but does not include a lift, a building maintenance unit or a powered<br>
winding system.<br>
"industrial lift truck" means powered mobile plant, designed to move goods,<br>
materials or equipment, equipped with an elevating load carriage and, normally,<br>
a load-holding attachment but does not include a mobile crane or earthmoving<br>
machinery.<br>
"industrial robot" means a multi-functional manipulator and its controllers,<br>
capable of handling materials, parts, tools, or specialised devices, through<br>
variable programmed motions for the performance of a variety of tasks.<br>
"lift" means any permanent plant (or plant intended to be permanent) that is in<br>
or attached to a building or structure and by means of which persons, goods or<br>
materials may be raised or lowered within or on a car, cage or platform and the<br>
movement of which is restricted by a guide or guides and includes an apparatus<br>
in the nature of a stairway chair lift, escalator or moving walk, and any<br>
supporting structure, machinery, equipment, gear, lift well, enclosures and<br>
entrances.<br>
"log book" for an amusement device means a permanent written record of the<br>
details required to be kept under this Chapter in respect of the amusement<br>
device so as to form a comprehensive history in respect of it.<br>
"manufacturer" of plant includes an employer or self-employed person who<br>
manufactures plant for his, her or its own use at work.<br>
"mast-climbing work platform" means a hoist having a working platform used for<br>
temporary purposes to raise personnel and materials to the working position by<br>
means of a drive system mounted on an extendable mast that may be tied to a<br>
building.<br>
"mobile crane" means a crane capable of travelling over a supporting surface<br>
without the need for fixed runways (including railway tracks) and relying only<br>
on gravity for stability, that is, with no vertical restraining connection<br>
between itself and the supporting surface and no horizontal restraining<br>
connection (other than frictional forces at supporting-surface level) that may<br>
act as an aid to stability.<br>
"operator protective devices" include roll over protective structures, falling<br>
object protective structures, operator restraining devices and seat belts.<br>
"plant" includes any machinery, equipment or appliance.<br>
"plant affecting public safety" has the meaning set out in clause 83.<br>
"powered winding system" means any lifting plant used to carry people for the<br>
purposes of allowing access to the underground workings of a mining workplace<br>
or a coal workplace or for the purposes of inspecting and maintaining the<br>
system or the mine shaft, but does not include manually operated plant or light<br>
portable winches.<br>
"prefabricated scaffolding" means an integrated system of prefabricated<br>
components manufactured in such a way that the geometry of assembled scaffolds<br>
is pre-determined.<br>
"pressure equipment" means boilers, pressure vessels and pressure piping<br>
specifically covered by AS/NZS 1200:2000Pressure equipment (not being equipment<br>
or plant under pressure referred to in clause A4 of Appendix A to that<br>
Standard) and categorised as being of hazard level A, B, C or D according to<br>
the criteria identified in AS 4343�?999Pressure equipment—Hazard levels.<br>
"pressure piping" means an assembly of pipes, pipe fittings, valves and pipe<br>
accessories subject to internal or external pressure and used to contain or<br>
convey fluid or to transmit fluid pressure, including distribution headers,<br>
bolting, gaskets, pipe supports and pressure retaining accessories but does not<br>
include a boiler or pressure vessel or any pipeline covered by the Gas Supply<br>
Act 1996, the Petroleum (Offshore) Act 1982 or the Pipelines Act 1967 or a<br>
pipeline within the meaning of clause 3 of Schedule 3 to this Regulation.<br>
"pressure vessel" means a vessel subject to internal or external pressure,<br>
including interconnected parts and components, valves, gauges and other<br>
fittings up to the first point of connection to connecting piping, and fired<br>
heaters and gas cylinders, but does not include a boiler or pressure piping or<br>
any pipeline covered by the Gas Supply Act 1996, the Petroleum (Offshore) Act<br>
1982 or the Pipelines Act 1967.<br>
"qualified electrical engineer" means:<br>
     (a) an electrical engineer who is a charter member of the Australian<br>
     Institution of Engineers, or<br>
     (b) a person belonging to a class of persons recognised as being<br>
     qualified electrical engineers for the purposes of this Chapter by<br>
     WorkCover (in relation to places of work that are not mining<br>
     workplaces or coal workplaces) or by the Department Head (Mining) (in<br>
     relation to places of work that are mining workplaces or coal<br>
     workplaces).<br>
"qualified engineer" means:<br>
     (a) a mechanical or structural engineer who is a charter member of<br>
     the Australian Institution of Engineers, or<br>
     (b) a person who is recognised as being competent to exercise the<br>
     functions of a qualified engineer for the purposes of this Chapter by<br>
     WorkCover (in relation to places of work that are not mining<br>
     workplaces or coal workplaces) or by the Department Head (Mining) (in<br>
     relation to places of work that are mining workplaces or coal<br>
     workplaces).<br>
"repair" means to restore plant to an operating condition, but does not include<br>
routine maintenance, replacement or alteration.<br>
"scaffold" means a temporary structure, specifically erected to support access<br>
or working platforms.<br>
"scaffolding equipment" means any component, assembly or machine used or<br>
intended to be used in the construction of a scaffold.<br>
"suspended scaffold" means a scaffold incorporating a suspended platform that<br>
is capable of being raised or lowered when in use and includes a boatswain’s<br>
chair.<br>
"tower crane" means a boom or jib crane mounted on a tower structure that is<br>
demountable or permanent and includes horizontal and luffing jib types.<br>
"tractor" means a motor vehicle, whether wheeled or track mounted, designed to<br>
provide power and movement of any attached machine or implement by a<br>
transmission shaft, belt or linkage system but does not include earthmoving<br>
machinery.<br>
"use plant" means work from, operate, maintain, inspect or clean plant.<br>
"vehicle hoist" means a vehicle-hoisting device, the purpose of which is to<br>
provide access for convenient under-chassis examination or service.<br>
"work box" means a personnel carrying device, designed to be suspended from a<br>
crane, to provide a working area for persons conveyed by and working from the<br>
box.<br>
"workpiece" means material, offcut or scrap (in any form) on which an item of<br>
plant is doing work, or any material, offcut or scrap (in any form) produced by<br>
an item of plant but does not include a load being lifted or moved by the<br>
plant.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 83<br>
Plant affecting public safety<br>
 <br>
 <br>
83 Plant affecting public safety<br>
For the purposes of section 135 of the Act, plant of the following kinds is<br>
prescribed as plant affecting public safety, whether or not the plant is at a<br>
place of work or for use at work:<br>
     (a) boilers categorised as being of hazard level A, B or C according<br>
     to the criteria in AS 4343�?999Pressure equipment—Hazard levels,<br>
     (b) boilers covered by the AMBSC Code—Part 1: Copper Boilers or the<br>
     AMBSC Code–Part 2: Steel Boilers,<br>
     (c) pressure vessels categorised as being of hazard level A, B or C<br>
     according to the criteria in AS 4343�?999 except the following:<br>
          (ii) serially produced pressure vessels covered by AS<br>
          2971�?987Serially produced pressure vessels,<br>
          (iii) pressure vessels that do not require periodic<br>
          internal inspection in accordance with the criteria in<br>
          Table 4.1 in AS/NZS 3788:1996Pressure equipment—In-<br>
          service inspection,<br>
     (d) lifts (including escalators and moving walkways) as defined in AS<br>
     1735.1�?999Lifts, escalators and moving walks Part 1: General<br>
     requirements,<br>
     (e) amusement devices (other than coin operated amusement devices),<br>
     (f) gas cylinders.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Division 1See clause 7 (2) as to the extent of a designer’s duties<br>
under this Division.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 84<br>
Application<br>
 <br>
 <br>
84 Application<br>
     (1) This Division applies to the design of:<br>
          (a) plant for use at work, and<br>
          (b) plant affecting public safety.<br>
     (2) This Division applies to:<br>
          (a) plant designs, and<br>
          (b) unless the context otherwise requires—alterations to<br>
          plant designs,<br>
     that are commenced after the prescribed date.<br>
     (3) In this clause:<br>
     "prescribed date" means:<br>
          (a) in relation to a workplace that is not a mining<br>
          workplace or a coal workplace�? September 2001, or<br>
          (b) in relation to a mining workplace that is not a<br>
          mine�? September 2001, or<br>
          (c) in relation to a mining workplace that is a mine�?<br>
          September 2008, or<br>
          (d) in relation to a coal workplace�?3 December 2006.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 85<br>
Manufacturers and importers of plant designed outside the State to ensure that<br>
designer’s responsibilities are met<br>
 <br>
 <br>
85 Manufacturers and importers of plant designed outside the State to ensure<br>
that designer’s responsibilities are met<br>
A person who:<br>
     (a) manufactures in New South Wales plant designed outside the State,<br>
     or<br>
     (b) imports plant designed outside the State for supply to others or<br>
     for the person’s own use,<br>
must ensure that the responsibilities of a designer under this Division are met<br>
in relation to the plant.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 86<br>
Designer to identify hazards<br>
 <br>
 <br>
86 Designer to identify hazards<br>
A designer of plant must identify any foreseeable hazard that may arise from<br>
the design of the plant and that has the potential to harm the health or safety<br>
of any person during the manufacture, installation, erection, commissioning,<br>
use, repair, dismantling, storage or disposal of the plant at a place of work<br>
or, in the case of plant affecting public safety, at any other place at which<br>
the plant is located.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 87<br>
Designer to assess risks<br>
 <br>
 <br>
87 Designer to assess risks<br>
     (1) A designer of plant must assess the risk of harm to the health or<br>
     safety of any person arising from any hazard identified in accordance<br>
     with this Division and, in particular, must:<br>
          (a) evaluate the likelihood of an injury or illness<br>
          occurring and the likely severity of any injury or illness<br>
          that may occur, and<br>
          (b) identify the design requirements and any other actions<br>
          necessary to eliminate or control the risk.<br>
     (2) In carrying out risk assessment for the purposes of this clause,<br>
     a designer of plant must take into account the following:<br>
          (a) the impact of the plant on the work environment in<br>
          which it is designed to operate,<br>
          (b) the range of environmental and operational conditions<br>
          in which the plant is intended to be manufactured,<br>
          transported, installed and used,<br>
          (c) the ergonomic needs of persons who may install, erect,<br>
          use or dismantle the plant,<br>
          (d) the need for safe access and egress for persons who<br>
          install, erect, use or dismantle the plant,<br>
          (e) any specific risk control measures required by this<br>
          Regulation (including as to manual handling, hazardous<br>
          substances, dangerous goods, and the working environment).<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 88<br>
Designer to review risk assessment<br>
 <br>
 <br>
88 Designer to review risk assessment<br>
A designer must review the risk assessment of plant whenever:<br>
     (a) there is evidence that the risk assessment relating to the plant<br>
     is no longer valid, or<br>
     (b) an employer, manufacturer, supplier or owner of the plant<br>
     provides the designer with information about a design fault that has<br>
     the potential to harm the health or safety of any person.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 89<br>
Designer to control risks<br>
 <br>
 <br>
89 Designer to control risks<br>
     (1) A designer must design plant so that risks associated with the<br>
     manufacture, installation, erection, commissioning, use, repair,<br>
     dismantling, storage and disposal of the plant are eliminated or, if<br>
     this is not reasonably practicable, are controlled.<br>
     (2) In controlling risks, the designer must ensure that the plant is<br>
     designed:<br>
          (a) having regard to ergonomic principles, and<br>
          (b) so that safe access can be gained to the various<br>
          components for purposes of maintenance, adjustment, repair<br>
          and cleaning, and<br>
          (c) so that the build up of unwanted substances or<br>
          materials that create a risk is minimised, and<br>
          (d) in the case of plant designed to work near electrical<br>
          conductors, having regard to such safety requirements as<br>
          insulation, earthing and appropriate access to controls.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 90<br>
Guarding—particular risk control measures<br>
 <br>
 <br>
90 Guarding—particular risk control measures<br>
     (1) A designer of plant must ensure that any device that prevents or<br>
     reduces access to a danger point or area:<br>
          (a) is designed to be a permanently fixed physical barrier<br>
          or, if access to the danger point or area is required<br>
          during normal operation, maintenance or cleaning:<br>
               (i) is designed to be an interlocking type<br>
               physical barrier, or<br>
               (ii) is a presence sensing safeguarding system,<br>
               and<br>
          (b) is designed to make by-passing or defeating it, whether<br>
          deliberately or by accident, as difficult as is reasonably<br>
          possible, and<br>
          (c) is designed to be of solid construction and securely<br>
          mounted so as to resist impact and shock, and<br>
          (d) is designed so as not to cause a risk itself.<br>
     (2) In subclause (1), a "presence sensing safeguarding system", in<br>
     relation to plant, means a presence sensing safeguarding system that<br>
     includes:<br>
          (a) a sensing system that employs one or more forms of<br>
          radiation, either self-generated or generated by pressure,<br>
          and<br>
          (b) an interface between the final switching devices of the<br>
          system and the plant’s primary control elements, and<br>
          (c) plant stopping capabilities,<br>
     whereby the presence of a person or part of a person within a sensing<br>
     field will cause the dangerous parts of the plant to be brought to a<br>
     safe state.<br>
     (3) The designer must ensure that any guards intended to provide<br>
     protection from parts of the plant or work pieces that may break,<br>
     disintegrate or be ejected are designed to contain effectively the<br>
     parts, work pieces or any fragments of them.<br>
     (4) The designer must specify the work procedures, devices or tools<br>
     that are necessary to clear safely any jamming or blockage of moving<br>
     parts that may occur.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 91<br>
Operational controls—particular risk control measures<br>
 <br>
 <br>
91 Operational controls—particular risk control measures<br>
     (1) A designer of plant must ensure that operational controls are:<br>
          (a) suitably identified on the plant so that their nature<br>
          and function is clear, and<br>
          (b) located so as to be operated readily and conveniently<br>
          by each person using the plant, and<br>
          (c) located or guarded to prevent unintentional activation,<br>
          and<br>
          (d) able to be locked in the “off�? position (or include<br>
          an alternative method of power isolation) to enable<br>
          disconnection of all motive power and forces.<br>
     (2) A designer must ensure that, if it is not reasonably practicable<br>
     for the plant to be stopped during maintenance and cleaning,<br>
     operational controls that permit safe controlled operation are<br>
     provided.<br>
     (3) A designer must ensure that, if:<br>
          (a) plant is designed to be operated or attended by more<br>
          than one person, and<br>
          (b) more than one control is fitted to the plant,<br>
     the controls are of the “stop and lock-off�? type so that the<br>
     plant cannot be restarted after a stop control has been used unless<br>
     each stop control is reset.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 92<br>
Emergency stops and warning devices—particular risk control measures<br>
 <br>
 <br>
92 Emergency stops and warning devices—particular risk control measures<br>
     (1) A designer of plant must ensure that, if warning devices are<br>
     necessary to secure safety, they are placed in a position that serves<br>
     that purpose.<br>
     (2) A designer must ensure that emergency stop devices:<br>
          (a) are prominent, clearly and durably marked and<br>
          immediately accessible to each operator of the plant, and<br>
          (b) have handles, bars or push buttons that are coloured<br>
          red, and<br>
          (c) are not able to be affected by electrical or electronic<br>
          circuit malfunction.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 93<br>
Design of powered mobile plant—particular risk control measures<br>
 <br>
 <br>
93 Design of powered mobile plant—particular risk control measures<br>
     (1) A designer of powered mobile plant must ensure that the plant is<br>
     designed to minimise the risk of unintended overturning or a falling<br>
     object coming into contact with the operator.<br>
     (2) A designer must ensure that powered mobile plant is designed to<br>
     incorporate an appropriate combination of operator protective devices<br>
     if there is a risk of the plant overturning, objects falling on the<br>
     operator or the operator being ejected.<br>
     (3) A designer of powered mobile plant must ensure that:<br>
          (a) a tractor designed to have a mass of 560 kg or more,<br>
          but less than 15,000 kg, is designed to include a<br>
          protective structure that conforms with AS 1636.1�?996,<br>
          AS 1636.2�?996 and AS 1636.3�?996Tractors—Roll-over<br>
          protective structures—Criteria and tests, as appropriate<br>
          to the type of tractor involved, and<br>
          (b) earth moving machinery designed to have a mass of 700<br>
          kg or more, but less than 100,000 kg, is designed to<br>
          include a protective structure that conforms with AS<br>
          2294.1�?997, AS 2294.2�?997 and AS 2294.3�?997Earth-<br>
          moving machinery—Protective structures.<br>
     (3A) Subclause (3) does not apply to powered mobile plant intended<br>
     for use in the underground parts of a mining workplace or a coal<br>
     workplace.<br>
     (3B) Despite subclause (3A), a person who designs powered mobile<br>
     plant intended for use in the underground parts of a mining workplace<br>
     or a coal workplace, in controlling risks, must ensure that the plant<br>
     is designed having regard to the safety requirements specified in<br>
     subclause (3) when determining measures to control the risk of<br>
     overturning or of a falling object coming into contact with the<br>
     operator.<br>
     (4) A designer of powered mobile plant must ensure that the plant is<br>
     designed to incorporate warning devices that are appropriate to warn<br>
     effectively persons who are at risk from the movement of the plant.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 94<br>
Mandatory design standards—particular risk control measures<br>
 <br>
 <br>
94 Mandatory design standards—particular risk control measures<br>
A designer of plant must ensure that the design of:<br>
     (a) boilers and pressure equipment, and<br>
     (b) cranes (including hoists and winches), and<br>
     (c) scaffolding, and<br>
     (d) lifts, escalators and moving walks, and<br>
     (e) gas cylinders, and<br>
     (f) amusement devices,<br>
complies with relevant standards listed in Schedule 1 (Standards covering<br>
design and manufacture of plant).<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 95<br>
Specifying work systems and operator competencies—particular risk control<br>
measures<br>
 <br>
 <br>
95 Specifying work systems and operator competencies—particular risk control<br>
measures<br>
A designer of plant must specify systems of work or operator competencies if<br>
they are necessary for the safe manufacture, installation, erection,<br>
commissioning, use, repair, maintenance, dismantling or disposal of plant.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 96<br>
Designer to provide information<br>
 <br>
 <br>
96 Designer to provide information<br>
     (1) A designer of plant must provide other persons who have<br>
     responsibilities under this Regulation with all available information<br>
     about the plant that is necessary to enable the other persons to<br>
     fulfil their responsibilities with respect to the following:<br>
          (a) identifying hazards,<br>
          (b) assessing risks arising from these hazards,<br>
          (c) eliminating or controlling those risks,<br>
          (d) providing information.<br>
     (2) Without limiting subclause (1), a designer of plant must ensure<br>
     that a person who manufactures the plant is provided with sufficient<br>
     information to enable the plant to be manufactured in accordance with<br>
     the design specifications and, as far as practicable, with<br>
     information relating to the following:<br>
          (a) the purpose for which the plant is designed,<br>
          (b) testing or inspections to be carried out on the plant,<br>
          (c) installation, commissioning, operation, maintenance,<br>
          inspection, cleaning, transport, storage and, if the plant<br>
          is capable of being dismantled, dismantling of the plant,<br>
          (d) systems of work necessary for the safe use of the<br>
          plant,<br>
          (e) knowledge, training or skill necessary for persons<br>
          undertaking inspection and testing of the plant,<br>
          (f) emergency procedures.<br>
     (3) A designer of plant who manufactures the plant must ensure that<br>
     the information specified in subclause (2) (a) to (f) inclusive is<br>
     provided to any person who obtains the plant for the person’s own<br>
     use or who supplies the plant to others.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 97<br>
Designer to obtain information<br>
 <br>
 <br>
97 Designer to obtain information<br>
     (1) A designer of plant must obtain such available information as is<br>
     necessary to enable the designer to fulfil the designer’s<br>
     responsibilities under this Regulation with respect to the following:<br>
          (a) identifying hazards,<br>
          (b) assessing risks arising from those hazards,<br>
          (c) eliminating or controlling those risks,<br>
          (d) providing information.<br>
     (2) If a designer has a contract with an employer to design a<br>
     specific item of plant, the designer must obtain from the employer<br>
     any relevant information about matters with respect to the plant that<br>
     may affect health and safety at the place of work.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Division 2See clause 7 (2) as to the extent of a manufacturer’s<br>
duties under this Division.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 98<br>
Application<br>
 <br>
 <br>
98 Application<br>
     (1) This Division applies to the manufacture of:<br>
          (a) plant for use at work, and<br>
          (b) plant affecting public safety.<br>
     (2) This Division applies to plant manufactured after 1 September<br>
     2001.<br>
     (3) A manufacturer is not required to comply with clauses 100�?03<br>
     within the period of 12 months after the prescribed date.<br>
     (4) In this clause:<br>
     "prescribed date" means:<br>
          (a) in relation to a workplace that is not a mining<br>
          workplace or a coal workplace�? September 2001, or<br>
          (b) in relation to a mining workplace that is not a<br>
          mine�? September 2001, or<br>
          (c) in relation to a mining workplace that is a mine�?<br>
          September 2008, or<br>
          (d) in relation to a coal workplace�?3 December 2006.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 99<br>
Importers of plant manufactured outside the State to ensure that<br>
manufacturer’s responsibilities are met<br>
 <br>
 <br>
99 Importers of plant manufactured outside the State to ensure that<br>
manufacturer’s responsibilities are met<br>
A person who imports plant manufactured outside New South Wales for supply to<br>
others or for the person’s own use must ensure that the responsibilities of a<br>
manufacturer under this Division are met in relation to the plant.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 100<br>
Manufacturer to identify hazards<br>
 <br>
 <br>
100 Manufacturer to identify hazards<br>
A manufacturer of plant must identify any foreseeable hazard that may be<br>
incorporated into the plant during the manufacturing process and that has the<br>
potential to harm the health or safety of any person during the installation,<br>
erection, commissioning, use, repair, dismantling, storage or disposal of the<br>
plant at a place of work or, in the case of plant affecting public safety, at<br>
any other place at which the plant is located.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 101<br>
Manufacturer to assess risks<br>
 <br>
 <br>
101 Manufacturer to assess risks<br>
A manufacturer of plant must assess the risk of harm to the health or safety of<br>
any person arising from any hazard identified in accordance with this Division<br>
and, in particular, must:<br>
     (a) evaluate the likelihood of an injury or illness occurring and the<br>
     likely severity of any injury or illness that may occur, and<br>
     (b) as far as practicable, consult with the designer of the plant<br>
     with respect to actions necessary to eliminate or control the risk,<br>
     and<br>
     (c) identify any actions necessary to eliminate or control the risk,<br>
     taking into account any specific risk control measures required by<br>
     this Regulation (including as to manual handling, hazardous<br>
     substances, dangerous goods, and the working environment).<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 102<br>
Manufacturer to review risk assessment<br>
 <br>
 <br>
102 Manufacturer to review risk assessment<br>
A manufacturer of plant must review the risk assessment of plant whenever:<br>
     (a) there is evidence that the risk assessment of the plant is no<br>
     longer valid, or<br>
     (b) the manufacturer is provided with information about a design or<br>
     manufacturing fault that has the potential to harm the health or<br>
     safety of any person.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 103<br>
Manufacturer to control risks<br>
 <br>
 <br>
103 Manufacturer to control risks<br>
     (1) A manufacturer of plant must not incorporate any risk into the<br>
     plant during the manufacturing process or, if this is not reasonably<br>
     practicable, must control the risk.<br>
     (2) Any such control of risks must, so far as is reasonably<br>
     practicable, be achieved by means other than through the use of<br>
     personal protective equipment.<br>
     (3) In controlling risks, a manufacturer must ensure in relation to<br>
     the manufacture of plant that:<br>
          (a) if any fault in the design of the plant that may affect<br>
          health or safety is identified during the manufacturing<br>
          process:<br>
               (i) the fault is not incorporated into the plant,<br>
               and<br>
               (ii) as far as is reasonably practicable, the<br>
               designer of the plant is consulted regarding the<br>
               rectification of the fault and, if possible,<br>
               arrangements are made with the designer for the<br>
               alteration of the design to eliminate or control<br>
               the risk, and<br>
               Note: Division 1 of this Part applies with<br>
               respect to the alteration of designs. A<br>
               manufacturer who alters a design to eliminate a<br>
               risk must comply with the design requirements of<br>
               Division 1 in relation to the alteration.<br>
          (b) subject to paragraph (a)—plant specified in clause 94<br>
          (Mandatory design standards—particular risk control<br>
          measures) and designed after the prescribed date is<br>
          manufactured and inspected, and tested (if required),<br>
          according to the relevant Standards set out in Schedule 1<br>
          (Standards covering design and manufacture of plant),<br>
          having regard to the designer’s specifications, and<br>
          (c) subject to paragraph (a) and so far as is reasonably<br>
          practicable—plant specified in clause 94 and designed<br>
          before the prescribed date is manufactured and inspected,<br>
          and tested (if required), according to relevant Standards<br>
          set out in Schedule 1, having regard to the designer’s<br>
          specifications.<br>
     (4) In this clause:<br>
     "prescribed date" means:<br>
          (a) in relation to a workplace that is not a mining<br>
          workplace or a coal workplace�? September 2001, or<br>
          (b) in relation to a mining workplace that is not a<br>
          mine�? September 2001, or<br>
          (c) in relation to a mining workplace that is a mine�?<br>
          September 2008, or<br>
          (d) in relation to a coal workplace�?3 December 2006.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 104<br>
Manufacture of powered mobile plant—particular risk control measures<br>
 <br>
 <br>
104 Manufacture of powered mobile plant—particular risk control measures<br>
     (1) A manufacturer of powered mobile plant must ensure that:<br>
          (a) a tractor designed to have a mass of 560 kg or more,<br>
          but less than 15,000 kg, is manufactured to include a<br>
          protective structure that conforms with AS 1636.1�?996,<br>
          AS 1636.2�?996 and AS 1636.3�?996Tractors—Roll-over<br>
          protective structures—Criteria and tests, as appropriate<br>
          to the type of tractor involved, and<br>
          (b) earth moving machinery designed to have a mass of 700<br>
          kg or more, but less than 100,000 kg, is designed to<br>
          include a protective structure that conforms with AS<br>
          2294.1�?997, AS 2294.2�?997 and AS 2294.3�?997Earth-<br>
          moving machinery—Protective structures.<br>
     (2) Subclause (1) does not apply to the manufacturer of powered<br>
     mobile plant intended for use in the underground parts of a mining<br>
     workplace or a coal workplace.<br>
     (3) Despite subclause (2), a person who manufactures powered mobile<br>
     plant intended for use in the underground parts of a mining workplace<br>
     or a coal workplace, in controlling risks, must ensure that the plant<br>
     is designed having regard to:<br>
          (a) the control measures provided by the designer in<br>
          compliance with clause 93 (1) and (2), and<br>
          (b) the safety requirements specified in subclause (1) of<br>
          this clause,<br>
     when determining measures to control the risk of overturning or of a<br>
     falling object coming into contact with the operator.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 105<br>
Manufacturer to provide information<br>
 <br>
 <br>
105 Manufacturer to provide information<br>
     (1) A manufacturer of plant must provide other persons who have<br>
     responsibilities under this Regulation with all available information<br>
     about the plant that is necessary to enable the other persons to<br>
     fulfil their responsibilities with respect to the following:<br>
          (a) identifying hazards,<br>
          (b) assessing risks arising from those hazards,<br>
          (c) eliminating or controlling those risks,<br>
          (d) providing information.<br>
     (2) In particular, a manufacturer of plant must ensure that a person<br>
     supplying plant for use at work or plant affecting public safety is<br>
     provided with:<br>
          (a) the information provided to the manufacturer by the<br>
          designer of the plant relating to the following:<br>
               (i) the purpose for which the plant is designed,<br>
               (ii) testing or inspections to be carried out on<br>
               the plant,<br>
               (iii) installation, commissioning, operation,<br>
               maintenance, inspection, cleaning, transport,<br>
               storage and, if the plant is capable of being<br>
               dismantled, dismantling of the plant,<br>
               (iv) systems of work necessary for the safe use<br>
               of the plant,<br>
               (v) knowledge, training or skill necessary for<br>
               persons undertaking testing and inspection of the<br>
               plant,<br>
               (vi) emergency procedures, and<br>
          (b) any document relating to the testing and inspection of<br>
          the plant.<br>
     (3) A manufacturer of plant who supplies plant for use at work or<br>
     plant affecting public safety must ensure that the information<br>
     specified in subclause (2) is provided to the owner or purchaser of<br>
     the plant.<br>
     (4) If, after the supply of a particular item of plant, a fault is<br>
     found in plant of the same kind that may affect health or safety, the<br>
     manufacturer must take all reasonable steps to advise the owner of<br>
     the particular item of plant of the fault and provide the owner with<br>
     details as to what steps are required to rectify the fault.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 106<br>
Manufacturer to obtain information<br>
 <br>
 <br>
106 Manufacturer to obtain information<br>
     (1) A manufacturer of plant must obtain such available information as<br>
     is necessary to enable the manufacturer to fulfil the<br>
     manufacturer’s responsibilities under this Regulation with respect<br>
     to the following:<br>
          (a) identifying hazards,<br>
          (b) assessing risks arising from those hazards,<br>
          (c) eliminating or controlling those risks,<br>
          (d) providing information.<br>
     (2) A manufacturer must obtain the information that a designer is<br>
     required to provide to the manufacturer under clause 96 (2).<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Division 3Clause 127 (2) (c) and (d) in Part 5.3 (Supply of plant)<br>
prohibits the hire or lease of certain items of plant unless they have a<br>
current design registration number or a current item registration number and<br>
clause 136 (1) in Part 5.4 (Working with plant) prohibits the use of certain<br>
items of plant unless similar requirements are met.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 107<br>
Application for registration of plant design<br>
 <br>
 <br>
107 Application for registration of plant design<br>
     (1) A person may apply:<br>
          (a) to WorkCover to register the design of plant specified<br>
          in Part 1 of the Table to this clause, or<br>
          (b) to the Department Head (Mining) to register the design<br>
          of plant specified in Part 2 of the Table to this clause.<br>
     (2) A person who applies for registration of a plant design must<br>
     ensure that:<br>
          (a) a competent person verifies and records in writing<br>
          that:<br>
               (i) in the case of plant specified in Part 1 of<br>
               the Table to this clause—the design complies<br>
               with relevant standards listed in Schedule 1<br>
               (Standards covering design and manufacture of<br>
               plant), or<br>
               (ii) in the case of plant specified in Part 2 of<br>
               the Table to this clause—the design complies<br>
               with the design and performance standards<br>
               published in the Gazette by the Department Head<br>
               (Mining), and<br>
          (b) the design verifier does not have any involvement in<br>
          the design being verified, and<br>
          (c) the designer and the design verifier are not employed<br>
          or engaged by the same person unless that person uses a<br>
          quality system to undertake the design of items of plant<br>
          that:<br>
               (i) meets the requirements of AS/NZS/ISO 9001:<br>
               1994Quality systems—Model for quality assurance<br>
               in design, development, production, installation<br>
               and servicing, and<br>
               (ii) has been certified by a body accredited or<br>
               approved by the Joint Accreditation System of<br>
               Australia and New Zealand.<br>
     (3) The application for registration of a plant design must be<br>
     accompanied by the following:<br>
          (a) a compliance statement, signed by the designer of the<br>
          plant, stating that the designer has complied with the<br>
          matters, specified in this Regulation, for which a designer<br>
          of plant is responsible (unless the plant is listed under<br>
          Part 2 of the Table to this clause and was manufactured<br>
          before 23 December 2006, in the case of a coal workplace or<br>
          was manufactured before 1 September 2008 in the case of a<br>
          mining workplace that is a mine),<br>
          (b) a verification statement for the purposes of subclause<br>
          (2) that includes the name, business address and<br>
          qualifications of the design verifier of the plant and, if<br>
          applicable, the name and business address of any person<br>
          employing the design verifier,<br>
          (c) representational drawings of the plant design,<br>
          (d) a fee in such amount as WorkCover or the Department<br>
          Head (Mining), as the case requires, may determine as the<br>
          appropriate amount to cover expenses in connection with the<br>
          processing of applications for registration of plant<br>
          designs,<br>
          (e) any relevant statement of limitations of use.<br>
     Table<br>
          Part 1 General plant Boilers and pressure vessels<br>
          categorised as being of hazard level A, B, C or D according<br>
          to the criteria in AS 4343�?999<br>
          Gas cylinders<br>
          Tower cranes<br>
          Gantry cranes with a rated capacity greater than 5 tonnes<br>
          Bridge cranes with a rated capacity greater than 10 tonnes<br>
          Gantry cranes and bridge cranes designed to handle molten<br>
          metal or dangerous goods (within the meaning of the ADG<br>
          Code)<br>
          Mobile cranes with a rated capacity greater than 10 tonnes<br>
          Boom-type elevating work platforms<br>
          Lifts (including escalators and moving walkways)<br>
          Building maintenance units<br>
          Hoists, with a platform movement in excess of 2.4 metres,<br>
          designed to lift people<br>
          Work boxes suspended from cranes<br>
          Prefabricated scaffolding<br>
          Mast climbing work platforms<br>
          Vehicle hoists<br>
          Amusement devices (other than coin operated amusement<br>
          devices) that are, or may be, operated otherwise than by<br>
          manual power<br>
          Part 2 Mining specific plant Diesel engine systems used in<br>
          underground mines at a coal workplace<br>
          Powered winding systems used in a mining workplace or coal<br>
          workplace<br>
          Booster fans used in underground mines at a coal workplace<br>
          Braking systems on plant used in underground transport in<br>
          underground mines at a coal workplace<br>
          Canopies on continuous miners used in underground mines at<br>
          a coal workplace<br>
          Portable or hand-held plant or items used to determine or<br>
          monitor the presence of gases for the purposes of the Coal<br>
          Mine Health and Safety Act 2002 and used in underground<br>
          mines at a coal workplace<br>
          Breathing apparatus to assist escape from the underground<br>
          parts of the coal operation (including self-rescuers) used<br>
          in underground mines at a coal workplace<br>
          Shotfiring apparatus used in underground mines at a coal<br>
          workplace<br>
          Detonators used in underground mines at a coal workplace<br>
          Explosive-powered tools used in underground mines at a coal<br>
          workplace<br>
          Refuge chambers used in underground mines at a coal<br>
          workplace<br>
          Conveyor belts used in underground mines at a coal<br>
          workplace<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 108<br>
Further information may be requested<br>
 <br>
 <br>
108 Further information may be requested<br>
On request from WorkCover or the Department Head (Mining), as the case<br>
requires, the applicant for registration of a plant design must provide, at any<br>
reasonable time required by WorkCover or the Department Head (Mining), any one<br>
or more of the following as specified in the request:<br>
     (a) detailed drawings of the plant design,<br>
     (b) design calculations,<br>
     (c) details of operating instructions,<br>
     (d) diagrams of control systems, including the sequence of operating<br>
     the controls,<br>
     (e) details of maintenance requirements,<br>
     (f) a statement of limitations of use.<br>
     Note: An applicant for registration of a plant design commits an<br>
     offence under clause 356 if the applicant makes a false or misleading<br>
     statement in the application.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 109<br>
Processing of application<br>
 <br>
 <br>
109 Processing of application<br>
     (1) On receipt of the application for registration of a plant design,<br>
     WorkCover or the Department Head (Mining), as the case requires,<br>
     must, subject to being provided with any further information that<br>
     WorkCover or the Department Head (Mining) requires under this<br>
     Subdivision for the purposes of the application:<br>
          (a) register the plant design (with or without conditions,<br>
          including any limitations of use) and issue a design<br>
          registration number, or<br>
          (b) refuse to register the plant design.<br>
          Note: See clause 351 as to the review by the Administrative<br>
          Decisions Tribunal of a decision by WorkCover or the<br>
          Department Head (Mining) to refuse to register a plant<br>
          design under this clause.<br>
     (2) A design registration applies only to a design as described and<br>
     verified in the application for registration of the design.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 110<br>
Cancellation of design registration in certain circumstances<br>
 <br>
 <br>
110 Cancellation of design registration in certain circumstances<br>
     (1) WorkCover may cancel the registration of a plant design<br>
     registered by WorkCover if satisfied that:<br>
          (a) the applicant for registration of the plant design made<br>
          a statement or furnished information, in or in connection<br>
          with the application for the plant design, that the<br>
          applicant knew, when the statement was made or the<br>
          information was provided, to be false or misleading in a<br>
          material particular, or<br>
          (b) on the basis of information received by WorkCover, the<br>
          design is unsafe.<br>
     (1A) The Department Head (Mining) may cancel the registration of a<br>
     plant design registered by the Department Head (Mining) if satisfied<br>
     that:<br>
          (a) the applicant for registration of the plant design made<br>
          a statement or furnished information, in or in connection<br>
          with the application for the plant design, that the<br>
          applicant knew, when the statement was made or the<br>
          information was provided, to be false or misleading in a<br>
          material particular, or<br>
          (b) on the basis of information received by the Department<br>
          Head (Mining), the design is unsafe.<br>
     (2) Before cancelling the registration, WorkCover or the Department<br>
     Head (Mining), as the case requires:<br>
          (a) must cause notice of the proposed cancellation to be<br>
          given to the person to whom the plant design registration<br>
          number was issued, and<br>
          (b) must give the person a reasonable opportunity to make<br>
          representations to WorkCover or the Department Head<br>
          (Mining), as the case requires, in relation to the proposed<br>
          cancellation, and<br>
          (c) must have regard to any representations so made.<br>
     (3) The cancellation of a plant design takes effect on the date on<br>
     which notice of the cancellation is given to the person to whom the<br>
     plant design registration number was issued or on such later date as<br>
     may be specified in the notice.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 111<br>
Design registration number to be provided to certain persons<br>
 <br>
 <br>
111 Design registration number to be provided to certain persons<br>
     (1) A person who is issued with a design registration number under<br>
     this Subdivision must provide the number to any person who proposes<br>
     to manufacture plant to the design to which the number relates or who<br>
     proposes to sell or transfer plant manufactured to the design to<br>
     which the number relates.<br>
     (2) A person who sells or transfers plant that has been manufactured<br>
     to a design for which a design registration number has been issued<br>
     must provide the number to any person who owns the plant or who has<br>
     control of the plant.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 112<br>
Registration under equivalent law<br>
 <br>
 <br>
112 Registration under equivalent law<br>
A design is taken to be registered under and for the purposes of this<br>
Regulation if a design registration number has been issued for it by a<br>
statutory authority under a law that imposes registration requirements that are<br>
reasonably equivalent to the registration requirements imposed by this<br>
Subdivision.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 112A<br>
Savings concerning coal workplaces<br>
 <br>
 <br>
112A Savings concerning coal workplaces<br>
     (1) An item of plant design referred to in Part 2 of the Table to<br>
     clause 107 that was approved, or taken to be approved, under clause<br>
     70 of the Coal Mines (General) Regulation 1999, and any plant design<br>
     that is in the opinion of the Chief Inspector equivalent to such an<br>
     approved plant design:<br>
          (a) if the approval was given less than 20 years before 23<br>
          December 2006—is, until 23 December 2008, taken to be<br>
          registered under this Chapter subject to the same<br>
          conditions as to which it was approved, or<br>
          (b) if the approval was given 20 years or more before 23<br>
          December 2006—is, until 23 December 2007, taken to be<br>
          registered under this Chapter subject to the same<br>
          conditions as to which it was approved.<br>
     (2) The registration of a plant design referred to in subclause (1)<br>
     may be varied, suspended or cancelled in accordance with this<br>
     Chapter.<br>
     (3) In this clause:<br>
     "Chief Inspector" means the Chief Inspector appointed under the Coal<br>
     Mine Health and Safety Act 2002.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 113<br>
Application for registration of item of plant<br>
 <br>
 <br>
113 Application for registration of item of plant<br>
     (1) In this clause:<br>
     "person who has control" in relation to an item of plant, includes<br>
     the owner or a lessee of the plant.<br>
     (2) A person:<br>
          (a) who has control of an item of plant specified in Part 1<br>
          of the Table to this clause may apply to WorkCover to<br>
          register the plant, or<br>
          (b) who has control of an item of plant specified in Part 2<br>
          of the Table to this clause may apply to the Department<br>
          Head (Mining) to register the plant.<br>
     (3) A person who applies for the registration of an item of plant<br>
     must provide the following at the time of making the application:<br>
          (a) sufficient information to identify the item of plant<br>
          clearly,<br>
          (b) if the design of the plant is required to be<br>
          registered, notification of:<br>
               (i) the design registration number, and<br>
               (ii) the name of the statutory authority with<br>
               which the plant design is registered,<br>
          (c) a statement that the plant has been inspected by a<br>
          competent person and is safe to operate,<br>
          (d) a fee in such amount as WorkCover or the Department<br>
          Head (Mining), as the case requires, may determine as the<br>
          appropriate amount to cover expenses in connection with the<br>
          processing of applications for registration of an item of<br>
          plant.<br>
     (4) A person who applies for the registration of an item of plant<br>
     must provide WorkCover or the Department Head (Mining), as the case<br>
     requires, with any additional information concerning the plant that<br>
     WorkCover or the Department Head (Mining) reasonably requires at the<br>
     time of the making of the application or at any reasonable time after<br>
     that time.<br>
     Note: An applicant for registration of an item of plant commits an<br>
     offence under clause 356 if the applicant makes a false or misleading<br>
     statement in the application.<br>
     Table<br>
          Part 1 General plant Boilers categorised as being of hazard<br>
          level A, B or C according to the criteria in AS 4343�?999<br>
          Pressure vessels categorised as being of hazard level A, B<br>
          or C according to the criteria in AS 4343�?999 except the<br>
          following:<br>
               (a) LP gas fuel vessels for automotive use<br>
               covered by AS/NZS 3509:1996,<br>
               (b) serially produced pressure vessels covered by<br>
               AS 2971�?987,<br>
               (c) pressure vessels that do not require periodic<br>
               internal inspection in accordance with the<br>
               criteria in Table 4.1 in AS/NZS 3788:1996<br>
          Lifts (including escalators and moving walkways) as defined<br>
          in AS 1735 Parts 1 to 17 (as listed in Schedule 1)<br>
          Amusement devices (other than coin operated amusement<br>
          devices) that are, or may be, operated otherwise than by<br>
          manual power<br>
          Tower cranes<br>
          Building maintenance units<br>
          Concrete placing units (truck mounted with boom)<br>
          Mobile cranes with a safe working load greater than 10<br>
          tonnes<br>
          Part 2 Mining specific plant Booster fans used in<br>
          underground mines at a coal workplace<br>
          Diesel engine systems used in underground mines at a coal<br>
          workplace<br>
          Powered winding systems used in a coal workplace or mining<br>
          workplace.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 114<br>
Additional requirements for application to register amusement device<br>
 <br>
 <br>
114 Additional requirements for application to register amusement device<br>
An owner of an amusement device who wishes to apply to WorkCover to register an<br>
amusement device referred to in the Table to clause 113 must, in addition to<br>
complying with clause 113, provide the following at the time of making the<br>
application:<br>
     (a) 2 photographs of the amusement device,<br>
     (b) a certificate of a qualified engineer certifying that:<br>
          (i) the engineer has, within 3 months before the date of<br>
          the application, inspected the amusement device (including<br>
          an inspection of the amusement device assembled and in<br>
          operation without passengers), and<br>
          (ii) in the engineer’s opinion, the amusement device is<br>
          mechanically and structurally capable, under the conditions<br>
          of use specified in the application, of safely supporting,<br>
          at any one time, the number of persons or the load stated<br>
          in the application to be the maximum number of persons or<br>
          the maximum load to be supported by the amusement device,<br>
          and<br>
          (iii) the engineer has checked that all necessary<br>
          maintenance of, and repairs to, the amusement device have<br>
          been carried out, that details of the maintenance and<br>
          repairs have been accurately recorded in the log book for<br>
          the amusement device by a competent person and that the<br>
          operating and maintenance manuals for the amusement device<br>
          are kept with it, and<br>
          (iv) if the amusement device was manufactured on or after 5<br>
          December 1997, it complies with such of the provisions of<br>
          AS 3533.1�?997Amusement rides and devices Part 1: Design<br>
          and construction as are applicable to it,<br>
     (c) if the amusement device includes any electrical installation, a<br>
     certificate of a qualified electrical engineer, issued within 3<br>
     months before the date of the application, certifying that the<br>
     engineer has inspected the electrical installation and that, in the<br>
     engineer’s opinion, the electrical installation:<br>
          (i) complies with the provisions of AS/NZS 3000:<br>
          2000Electrical installations (known as Australian/New<br>
          Zealand Wiring Rules) and AS 3002�?985Electrical<br>
          installations—Shows and carnivals that are applicable to<br>
          it and that were so applicable at the time of its initial<br>
          manufacture, or<br>
          (ii) if manufactured on or after 5 December 1997, complies<br>
          with such of the provisions of AS 3533.1�?997 that are<br>
          applicable to it.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 115<br>
Processing of application<br>
 <br>
 <br>
115 Processing of application<br>
On receipt of the application for registration of an item of plant, WorkCover<br>
or the Department Head (Mining), as the case requires, must, subject to clause<br>
113 (4):<br>
     (a) register the plant (with or without conditions) and issue<br>
     evidence, in accordance with this Subdivision, that the plant is<br>
     currently registered, or<br>
     (b) refuse to register the plant.<br>
     Note: See clause 351 as to the review by the Administrative Decisions<br>
     Tribunal of a decision by WorkCover or the Department Head (Mining)<br>
     to refuse to register an item of plant or to impose a condition on<br>
     registration of an item of plant under this clause.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 116<br>
Cancellation of registration of item of plant in certain circumstances<br>
 <br>
 <br>
116 Cancellation of registration of item of plant in certain circumstances<br>
     (1) WorkCover may cancel the registration of an item of plant<br>
     registered by WorkCover if:<br>
          (a) satisfied that the applicant for registration of the<br>
          plant made a statement or furnished information, in or in<br>
          connection with the application for registration, that the<br>
          applicant knew, when the statement was made or the<br>
          information was provided, to be false or misleading in a<br>
          material particular, or<br>
          (b) the registration of the plant design for plant of the<br>
          kind concerned has been cancelled under clause 110.<br>
     (1A) The Department Head (Mining) may cancel the registration of an<br>
     item of plant registered by the Department Head (Mining) if:<br>
          (a) satisfied that the applicant for registration of the<br>
          plant made a statement or furnished information, in or in<br>
          connection with the application for registration, that the<br>
          applicant knew, when the statement was made or the<br>
          information was provided, to be false or misleading in a<br>
          material particular, or<br>
          (b) the registration of the plant design for plant of the<br>
          kind concerned has been cancelled under clause 110.<br>
     (2) Before cancelling the registration, WorkCover or the Department<br>
     Head (Mining), as the case requires:<br>
          (a) must cause notice of the proposed cancellation to be<br>
          given to the person by whom the item of plant was<br>
          registered, and<br>
          (b) must give the person a reasonable opportunity to make<br>
          representations to WorkCover or the Department Head<br>
          (Mining), as the case requires, in relation to the proposed<br>
          cancellation, and<br>
          (c) must have regard to any representations so made.<br>
     (3) The cancellation of the registration of an item of plant takes<br>
     effect on the date on which notice of the cancellation is given to<br>
     the person who registered the plant or on such later date as may be<br>
     specified in the notice.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 117<br>
Automatic cancellation of registration<br>
 <br>
 <br>
117 Automatic cancellation of registration<br>
The registration of an item of plant is cancelled by the operation of this<br>
clause if:<br>
     (a) the plant is altered, or<br>
     (b) in the case of plant that is normally fixed in position, the<br>
     plant is relocated and the person who registered the item of plant<br>
     (that is, WorkCover or the Department Head (Mining)) is not notified<br>
     of the relocation within 14 days of its occurrence, or<br>
     (c) there is a change of the person in control of the plant<br>
     (including a change of owner or lessee) and the person who registered<br>
     the item of plant (that is, WorkCover or the Department Head<br>
     (Mining)) is not notified of the change within 14 days of its<br>
     occurrence, or<br>
     (d) there is a breach of a condition subject to which the plant was<br>
     registered under clause 115 (a).<br>
     Note: See clause 351 as to the review by the Administrative Decisions<br>
     Tribunal of a decision by WorkCover or the Department Head (Mining)<br>
     to cancel the registration of an item of plant under this clause.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 118<br>
Renewal of registration<br>
 <br>
 <br>
118 Renewal of registration<br>
     (1) In this clause:<br>
     "person who has control", in relation to plant that is an amusement<br>
     device, includes the owner or a lessee of the amusement device.<br>
     (2) A person who has control of plant that is registered by WorkCover<br>
     or the Department Head (Mining), as the case requires, under this<br>
     Subdivision must provide WorkCover, at the intervals specified in<br>
     guidelines issued by WorkCover or the Department Head (Mining) from<br>
     time to time in relation to such plant, with such information<br>
     concerning compliance with requirements relating to maintenance of<br>
     the plant as WorkCover or the Department Head (Mining) may specify.<br>
          Maximum penalty: Level 1.<br>
     (3) A notification under this clause must comply with the guidelines<br>
     referred to in subclause (2) and must be accompanied by:<br>
          (a) a statement, by the person who has control of the<br>
          plant, that the plant has been maintained and is safe to<br>
          operate, and<br>
          (b) a fee in such amount as WorkCover or the Department<br>
          Head (Mining), as the case requires, may determine as the<br>
          appropriate amount to cover the administrative costs of<br>
          WorkCover or the Department Head (Mining) in connection<br>
          with the renewal of the registration of items of plant.<br>
     (4) A notification under this clause in respect of an amusement<br>
     device must also be accompanied by:<br>
          (a) a certificate of a qualified engineer as referred to in<br>
          clause 114 (b) (certificate to be lodged with an<br>
          application to register an amusement device), and<br>
          (b) if the amusement device includes any electrical<br>
          installation, a certificate of a qualified electrical<br>
          engineer, issued within 3 months before the date of the<br>
          notification, certifying that the engineer has inspected<br>
          the electrical installation and that, in the engineer’s<br>
          opinion, the electrical installation complies with such of<br>
          the provisions of AS 3533.1�?997Amusement Rides and<br>
          Devices Part 1: Design and Construction as are applicable<br>
          to it.<br>
     (5) On receipt of a notification under this clause, WorkCover or the<br>
     Department Head (Mining), as the case requires, must:<br>
          (a) issue evidence that the plant is currently registered,<br>
          or<br>
          (b) seek additional information concerning the plant.<br>
     (6) If a notification under this clause is not received by WorkCover<br>
     or the Department Head (Mining), as the case requires, by the date on<br>
     which it is due, or if the information in the notification is not<br>
     satisfactory to WorkCover or the Department Head (Mining), WorkCover<br>
     or the Department Head (Mining) may discontinue the registration of<br>
     an item of plant.<br>
          Note: See clause 351 as to the review by the Administrative<br>
          Decisions Tribunal of a decision by WorkCover or the<br>
          Department Head (Mining) to discontinue the registration of<br>
          an item of plant under this clause.<br>
     (7) WorkCover or the Department Head (Mining), as the case requires,<br>
     may accept a late notification under this clause.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 119<br>
Registration under equivalent law<br>
 <br>
 <br>
119 Registration under equivalent law<br>
An item of plant (other than an amusement device or plant normally fixed in<br>
position) is taken to be registered under and for the purposes of this<br>
Regulation if the item has been registered by a statutory authority under a law<br>
that imposes registration requirements that are reasonably equivalent to the<br>
registration requirements imposed by this Subdivision.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 119A<br>
Savings concerning coal workplaces<br>
 <br>
 <br>
119A Savings concerning coal workplaces<br>
     (1) An item of plant referred to in Part 2 of the Table to clause 113<br>
     that was approved, or taken to be approved, under clause 70 of the<br>
     Coal Mines (General) Regulation 1999, and any item that is in the<br>
     opinion of the Chief Inspector equivalent to such an approved item:<br>
          (a) if the approval was given less than 20 years before 23<br>
          December 2006—is, until 23 December 2008, taken to be<br>
          registered under this Chapter subject to the same<br>
          conditions as to which it was approved, or<br>
          (b) if the approval was given 20 years or more before 23<br>
          December 2006—is, until 23 December 2007, taken to be<br>
          registered under this Chapter subject to the same<br>
          conditions as to which it was approved.<br>
     (2) The registration of an item referred to in subclause (1) may be<br>
     varied, suspended or cancelled in accordance with this Chapter.<br>
     (3) In this clause:<br>
     "Chief Inspector" means the Chief Inspector appointed under the Coal<br>
     Mine Health and Safety Act 2002.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Part 5.3See clause 7 (2) as to the extent of a supplier’s duties<br>
under this Part.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 120<br>
Application<br>
 <br>
 <br>
120 Application<br>
     (1) This Part applies to the sale, transfer, lease and hire of plant<br>
     for use at work and plant affecting public safety.<br>
     (2) In addition to applying to plant of the kinds referred to in<br>
     subclause (1), Division 3 also applies to the hire or lease of the<br>
     following plant in a place of work that is not under the management<br>
     or control of an employer:<br>
          (a) plant under pressure,<br>
          (b) plant designed to lift or move people, equipment or<br>
          materials including escalators, moving walks and lifts.<br>
     (3) This Part applies to plant supplied after the prescribed date.<br>
     (6) In this clause:<br>
     "prescribed date" means:<br>
          (a) in relation to a workplace that is not a mining<br>
          workplace or a coal workplace�? September 2001, or<br>
          (b) in relation to a mining workplace that is not a<br>
          mine�? September 2001, or<br>
          (c) in relation to a mining workplace that is a mine�?<br>
          September 2008, or<br>
          (d) in relation to a coal workplace�?3 December 2006.<br>
     Note: See clauses 85 and 99 as to compliance with the requirements of<br>
     this Chapter relating to plant designed or manufactured outside New<br>
     South Wales and imported for supply in the State.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 121<br>
Seller or transferor to control risks<br>
 <br>
 <br>
121 Seller or transferor to control risks<br>
     (1) A person who sells or transfers new plant must ensure that risks<br>
     arising from the condition of the plant are eliminated or, if this is<br>
     not reasonably practicable, controlled.<br>
     (2) A person selling or transferring used plant (other than plant for<br>
     use as scrap or as spare parts for other plant) must advise the<br>
     purchaser or intended owner of the plant in writing (before the sale<br>
     or transfer) of any faults detected in the plant and, if appropriate,<br>
     that the plant is not to be used until the faults are rectified.<br>
     (3) Without limiting subclause (1), the person selling or<br>
     transferring the plant must ensure that the plant complies with<br>
     relevant risk control measures specified in clauses 89�?5.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 122<br>
Seller or transferor to provide information<br>
 <br>
 <br>
122 Seller or transferor to provide information<br>
     (1) A person who sells or transfers plant must ensure that:<br>
          (a) in respect of new plant—the purchaser or new owner of<br>
          the plant is provided with all available information<br>
          concerning health and safety about the plant received by<br>
          the person from the manufacturer, and<br>
          (b) in respect of used plant—the purchaser or new owner<br>
          of the plant is provided with:<br>
               (i) all available information concerning health<br>
               and safety about the plant received by the person<br>
               from the designer and manufacturer, and<br>
               (ii) if available, any record kept by the<br>
               previous owner of the plant in accordance with<br>
               the requirements of this Regulation, and<br>
          (c) the purchaser or new owner of the plant is provided<br>
          with any information, data or certificate provided or kept<br>
          in accordance with the standards specified in Schedule 1<br>
          (Standards covering design and manufacture of plant).<br>
     (2) If plant is suitable only for use as scrap or for spare parts for<br>
     other plant, the person who is selling or transferring it must advise<br>
     the purchaser or new owner of the plant in writing or by marking on<br>
     the plant, before it is sold or transferred, that:<br>
          (a) the plant is sold or transferred for use as scrap or<br>
          for spare parts for other plant only, and<br>
          (b) the plant in its current state must not to be used for<br>
          work but may be used only as scrap or for spare parts.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 123<br>
Seller or transferor to obtain information<br>
 <br>
 <br>
123 Seller or transferor to obtain information<br>
     (1) A person who sells or transfers plant must obtain such<br>
     information as is necessary to enable the person to fulfil the<br>
     person’s responsibilities with respect to the following:<br>
          (a) eliminating or controlling risks in respect of the<br>
          plant,<br>
          (b) providing information.<br>
     (2) A person who sells or transfers plant must obtain the information<br>
     that a manufacturer is required to provide to the person under clause<br>
     105 (Manufacturer to provide information).<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Division 3Clause 120 (1) and (2) applies this Division to plant for use<br>
at work, plant affecting public safety and certain other plant (plant under<br>
pressure and plant designed to lift or move people, equipment or materials<br>
including escalators, moving walks and lifts) that is not under the management<br>
or control of an employer but is the responsibility of the owner of the plant.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 124<br>
Hirer or lessor to identify hazards<br>
 <br>
 <br>
124 Hirer or lessor to identify hazards<br>
     (1) A person who hires or leases plant to another person must<br>
     identify any foreseeable hazard that may arise from the condition of<br>
     the plant and that has the potential to harm the health or safety of<br>
     any person during the installation, erection, commissioning, use,<br>
     repair, dismantling, storage or disposal of the plant at a place of<br>
     work or, in the case of plant affecting public safety, at any other<br>
     place at which the plant is located.<br>
     (2) Without limiting subclause (1), the person hiring or leasing the<br>
     plant must ensure that:<br>
          (a) the plant is inspected regularly and, at a minimum,<br>
          once between each hiring and leasing, and<br>
          (b) inspections of the plant are carried out having regard<br>
          to procedures:<br>
               (i) recommended by the designer and manufacturer,<br>
               or<br>
               (ii) developed by a competent person.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 125<br>
Hirer or lessor to assess risks<br>
 <br>
 <br>
125 Hirer or lessor to assess risks<br>
     (1) A person who hires or leases plant to another person must assess<br>
     the risk of harm to the health or safety of any person arising from<br>
     any hazard identified in accordance with this Division and, in<br>
     particular, must:<br>
          (a) evaluate the likelihood of an injury or illness<br>
          occurring and the likely severity of any injury or illness<br>
          that may occur, and<br>
          (b) identify any actions necessary to eliminate or control<br>
          the risk, taking into account any specific risk control<br>
          measures required by this Regulation (including as to<br>
          manual handling, hazardous substances, dangerous goods, and<br>
          the working environment), and<br>
          (c) identify the records that it is necessary to keep to<br>
          ensure that risks are eliminated or controlled and<br>
          determine the length of time for which the records are to<br>
          be kept.<br>
     (2) A person who hires or leases plant to another person must ensure<br>
     that:<br>
          (a) an assessment is carried out to determine:<br>
               (i) whether the plant should be tested to check<br>
               if new or increased risks to health or safety<br>
               have developed, and<br>
               (ii) if so, the frequency at which the testing<br>
               should occur, and<br>
          (b) if the need for testing is identified, the testing is<br>
          carried out and recorded and the records of the testing are<br>
          maintained for the operating life of the plant.<br>
     (3) The assessment may be carried out:<br>
          (a) on individual items of plant, or<br>
          (b) if multiple items of plant of the same design are<br>
          installed and used under conditions that are the same for<br>
          all practical purposes—on a representative sample of the<br>
          items.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 126<br>
Hirer or lessor to review risk assessment<br>
 <br>
 <br>
126 Hirer or lessor to review risk assessment<br>
A person who hires or leases plant to another person must review a risk<br>
assessment whenever:<br>
     (a) there is evidence that the risk assessment of the plant is no<br>
     longer valid, or<br>
     (b) the designer or manufacturer of the plant or a person who has<br>
     hired or leased the plant or similar plant provides information about<br>
     a fault in the plant or similar plant that has the potential to harm<br>
     the health or safety of any person.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 127<br>
Hirer or lessor to control risks<br>
 <br>
 <br>
127 Hirer or lessor to control risks<br>
     (1) A person who hires or leases plant to another person must ensure<br>
     that risks arising from the condition of the plant are eliminated or,<br>
     if this is not practicable, controlled.<br>
     (2) Without limiting subclause (1), the person hiring or leasing the<br>
     plant to another person must not hire or lease:<br>
          (a) plant designed or manufactured before the prescribed<br>
          date unless the plant complies with relevant control<br>
          measures specified in clauses 89�?3 inclusive, and<br>
          (b) plant designed and manufactured after the prescribed<br>
          date unless the plant complies with relevant control<br>
          measures specified in clauses 89�?4 inclusive, and<br>
          (c) plant of a kind specified in the Table to clause 107<br>
          (Plant for which designs are to be registered) unless the<br>
          plant has a current design registration number issued under<br>
          clause 109 (Processing of application by WorkCover) and<br>
          evidence of the registration is provided with the plant,<br>
          and<br>
          (d) plant of a kind specified in the Table to clause 113<br>
          (Items of plant required to be registered) unless the plant<br>
          has a current item registration number issued under clause<br>
          115 or 118 (or under the Construction Safety Regulations<br>
          1950) and evidence of the registration is provided with the<br>
          plant.<br>
     (3) A person who hires or leases plant referred to in subclause (2)<br>
     (c) to another person must inform that other person of any<br>
     limitations of use provided in the design registration conditions.<br>
     (5) In this clause:<br>
     "prescribed date" means:<br>
          (a) in relation to a workplace that is not a mining<br>
          workplace or a coal workplace�? September 2001, or<br>
          (b) in relation to a mining workplace that is not a<br>
          mine�? September 2001, or<br>
          (c) in relation to a mining workplace that is a mine�?<br>
          September 2008, or<br>
          (d) in relation to a coal workplace�?3 December 2006.<br>
     Maximum penalty: Level 4.<br>
     Note: Division 1 of Part 5.2 relating to the design of plant also<br>
     applies to alterations to plant designs. A supplier who alters a<br>
     design to eliminate or control a risk must comply with the design<br>
     requirements of that Division. (See clause 84 (2) (b) and see also<br>
     the definition of "alter" in clause 82 (1).)<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 128<br>
Maintenance, repair, testing and cleaning of plant—particular risk control<br>
measures<br>
 <br>
 <br>
128 Maintenance, repair, testing and cleaning of plant—particular risk<br>
control measures<br>
     (1) A person who hires or leases plant to another person must ensure<br>
     that:<br>
          (a) maintenance and cleaning are carried out having regard<br>
          to procedures:<br>
               (i) recommended by the designer and manufacturer,<br>
               or<br>
               (ii) developed by a competent person, and<br>
          (b) all safety features of the plant (including, in the<br>
          case of plant intended to be used on or near electrical<br>
          conductors, all insulation, earthing and controls) and all<br>
          warning devices for the plant are maintained and tested,<br>
          and<br>
          (c) if plant has been damaged or worn to the extent that<br>
          its function or condition is likely to be impaired and the<br>
          risk to health or safety is likely to be increased, a<br>
          competent person assesses the damage or wear and advises<br>
          the hirer or lessor as to:<br>
               (i) the nature and extent of the damage or wear,<br>
               and<br>
               (ii) whether or not the function or condition of<br>
               the plant has been impaired owing to the damage<br>
               or wear, and<br>
               (iii) whether or not any such impairment has<br>
               produced an increase in risk to health or safety,<br>
               and<br>
               (iv) whether the plant is able to be repaired<br>
               and, if so, what repairs must be carried out to<br>
               minimise risks to health and safety, and<br>
          (d) maintenance, repair, cleaning and, if necessary,<br>
          testing is carried out by a competent person, and<br>
          (e) repairs to the plant are carried out so as to retain<br>
          the plant within its design limits.<br>
          Maximum penalty: Level 4.<br>
     (2) In the case of plant that is an amusement device, the reference<br>
     in subclause (1) (c) to a competent person is to be read as a<br>
     reference to a qualified engineer.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 129<br>
Plant under pressure—particular risk control measures<br>
 <br>
 <br>
129 Plant under pressure—particular risk control measures<br>
A person who hires or leases plant under pressure to another person must<br>
ensure:<br>
     (a) pressure equipment (excluding gas cylinders) is inspected and<br>
     maintained in accordance with AS/NZS 3788:1996Pressure<br>
     equipment—in-service inspection so far as it is relevant to the<br>
     pressure equipment concerned, and<br>
     (b) gas cylinders comply with AS 2030 Parts 1, 2 and 4 (as listed in<br>
     Schedule 1) and are inspected and maintained in accordance with that<br>
     Australian Standard.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 130<br>
Powered mobile plant—particular risk control measures<br>
 <br>
 <br>
130 Powered mobile plant—particular risk control measures<br>
     (1) A person must not hire or lease to another person a tractor<br>
     designed to have a mass of 560 kg or more, but less than 15,000 kg,<br>
     unless:<br>
          (a) if the tractor was manufactured, imported or originally<br>
          purchased after 1981, it is securely fitted with a<br>
          protective structure that conforms with AS 1636.1�?996,<br>
          AS 1636.2�?996 and AS 1636.3�?996Tractors—Roll-over<br>
          protective structures—Criteria and tests, or<br>
          (b) if the tractor was manufactured, imported or originally<br>
          purchased during or before 1981, it is securely fitted<br>
          with:<br>
               (i) a roll-over protective structure that<br>
               conforms with AS 1636.1�?996, AS 1636.2�?996<br>
               and AS 1636.3�?996Tractors—Roll-over<br>
               protective structures—Criteria and tests, or<br>
               (ii) if such a structure is not available, an<br>
               alternative roll-over protective structure<br>
               designed by a suitably qualified engineer having<br>
               regard to the performance requirements of AS<br>
               1636.1�?996.<br>
     (2) A person must not hire or lease to another person earthmoving<br>
     machinery designed to have a mass of 700 kg or more, but less than<br>
     100,000 kg, unless:<br>
          (a) if the machinery was manufactured, imported or<br>
          originally purchased after 1989, it is securely fitted with<br>
          a protective structure that conforms with AS 2294.1�?997,<br>
          AS 2294.2�?997 and AS 2294.3�?997Earth-moving<br>
          machinery—Protective structures, or<br>
          (b) if the machinery was manufactured, imported or<br>
          originally purchased during or before 1989, it is securely<br>
          fitted with:<br>
               (i) a protective structure that conforms with AS<br>
               2294.1�?997, AS 2294.2�?997 and AS<br>
               2294.3�?997, or<br>
               (ii) if such a structure is not available, an<br>
               alternative protective structure designed by a<br>
               suitably qualified engineer having regard to the<br>
               performance requirements of AS 2294.1�?997, AS<br>
               2294.2�?997 and AS 2294.3�?997.<br>
     (3) In designing an alternative structure for the purposes of this<br>
     clause, an engineer may, if satisfied that deformation testing is not<br>
     required, substitute calculated deformations.<br>
     (4) Such a structure must be identified with the information required<br>
     by:<br>
          (a) AS 1636.1�?996, or<br>
          (b) AS 2294.1�?997, AS 2294.2�?997 or AS 2294.3�?997,<br>
     whichever is appropriate.<br>
     (5) Subclauses (1)�?4) do not apply to powered mobile plant<br>
     intended for use in the underground parts of a mining workplace or a<br>
     coal workplace.<br>
     (6) Despite subclause (5), a person who hires powered mobile plant<br>
     intended for use in the underground parts of a mining workplace or a<br>
     coal workplace, in controlling risks, must ensure that the plant is a<br>
     designed having regard to the safety requirements specified in<br>
     subclauses (1)�?4) when determining measures to control the risk of<br>
     overturning or a falling object coming into contact with the<br>
     operator.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 131<br>
Hirer or lessor to keep records<br>
 <br>
 <br>
131 Hirer or lessor to keep records<br>
A person who hires or leases plant of a kind specified in the Table to this<br>
clause to another person must make and keep records of any tests, maintenance,<br>
inspections, commissioning or alteration of plant relevant to controlling risks<br>
arising from the plant.<br>
     Maximum penalty: Level 3.<br>
     Table Plant for which records are to be kept Boilers categorised as<br>
     being of hazard level A, B or C according to the criteria in AS<br>
     4343�?999<br>
     Pressure vessels categorised as being of hazard level A, B or C<br>
     according to the criteria in AS 4343:1999 except the following:<br>
          (a) LP gas fuel vessels for automotive use covered by AS/<br>
          NZS 3509:1996,<br>
          (b) serially produced pressure vessels covered by AS<br>
          2971�?987,<br>
          (c) pressure vessels that do not require periodic internal<br>
          inspection in accordance with the criteria in Table 4.1 in<br>
          AS/NZS 3788:1996<br>
     Tower cranes<br>
     Lifts (including escalators and moving walkways)<br>
     Building maintenance units<br>
     Concrete placing units (truck mounted with boom)<br>
     Personnel and materials hoists<br>
     Concrete placing units<br>
     Industrial lift trucks<br>
     Mobile cranes<br>
     Gantry cranes with a rated capacity greater than 5 tonnes<br>
     Bridge cranes with a rated capacity greater than 10 tonnes<br>
     Gantry cranes and bridge cranes designed to handle molten metal or<br>
     dangerous goods (within the meaning of the ADG Code)<br>
     Boom-type elevating work platforms<br>
     Hoists, with a platform movement in excess of 2.4 metres, designed to<br>
     lift or support people<br>
     Mast climbing work platforms<br>
     Vehicle hoists<br>
     Amusement devices<br>
     Powered winding systems used in underground mines at a mining<br>
     workplace or a coal workplace<br>
     Conveyors in a mining workplace<br>
     Earth moving machinery in a mining workplace<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 132<br>
Hirer or lessor to provide information<br>
 <br>
 <br>
132 Hirer or lessor to provide information<br>
     (1) A person who hires or leases plant to another person must provide<br>
     other persons who have responsibilities under this Regulation with<br>
     all available information about the plant that is necessary to enable<br>
     the other persons to fulfil their responsibilities with respect to<br>
     the following:<br>
          (a) identifying hazards,<br>
          (b) assessing risks arising from those hazards,<br>
          (c) eliminating or controlling those risks,<br>
          (d) providing information.<br>
     (2) Without limiting subclause (1), a person who hires or leases<br>
     plant to another person must ensure that the person is provided with<br>
     relevant health and safety information about the plant including, if<br>
     appropriate, information about the commissioning, installation, use,<br>
     testing, de-commissioning and dismantling of the plant.<br>
     (3) Without limiting subclause (1), a person who hires or leases an<br>
     amusement device to another person must ensure that the person hiring<br>
     or leasing the amusement device is provided with:<br>
          (a) the log book for the amusement device in which details<br>
          of all tests, maintenance, inspections, commissioning,<br>
          alteration or repair of the amusement device have been<br>
          accurately recorded by a competent person, and<br>
          (b) the operating and maintenance manuals for the amusement<br>
          device.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 133<br>
Hirer or lessor to obtain information<br>
 <br>
 <br>
133 Hirer or lessor to obtain information<br>
     (1) A person who hires or leases plant to another person must obtain<br>
     such information as is necessary to enable the person to fulfil the<br>
     person’s responsibilities with respect to the following:<br>
          (a) identifying hazards,<br>
          (b) assessing risks arising from those hazards,<br>
          (c) eliminating or controlling those risks,<br>
          (d) providing information.<br>
     (2) Without limiting subclause (1), a person who hires or leases<br>
     plant must obtain the information that a manufacturer is required to<br>
     provide to the person under clause 105 (Manufacturer to provide<br>
     information).<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Part 5.4See note at beginning of this Chapter as to<br>
<br>
"employer" including<br>
<br>
"self-employed<br>
person".<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 134<br>
Application<br>
 <br>
 <br>
134 Application<br>
     (1) This Part deals with the installation, erection, commissioning,<br>
     use, maintenance, repair, dismantling, storage and disposal of plant<br>
     for use at work and plant affecting public safety.<br>
     (2) The requirements of this Part as to the installation, erection<br>
     and commissioning of plant apply to plant installed, erected and<br>
     commissioned:<br>
          (a) in relation to workplaces that are not coal workplaces<br>
          or mining workplaces, after 1 September 2001, or<br>
          (b) in relation to mining workplaces that are not mines,<br>
          after 1 September 2001, or<br>
          (c) in relation to coal workplaces, after 23 December 2006,<br>
          or<br>
          (d) in relation to mining workplaces that are mines, after<br>
          1 September 2008.<br>
     (3) The requirements of this Part as to the use, maintenance, repair,<br>
     dismantling, storage and disposal of plant apply to all plant to<br>
     which this Part applies, whether manufactured before or after 1<br>
     September 2001.<br>
     (4) For the purposes of this Regulation, a lift or an amusement<br>
     device registered under the Construction Safety Regulations 1950<br>
     immediately before 1 September 2001 is taken to be plant registered<br>
     under Subdivision 2 of Division 3 of Part 5.2.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 135<br>
Installation, erection and commissioning of plant—particular risk control<br>
measures<br>
 <br>
 <br>
135 Installation, erection and commissioning of plant—particular risk control<br>
measures<br>
An employer must ensure, in complying with the requirements of clause 11<br>
(Employer to eliminate or control risks) as to the control of risks arising<br>
from the installation, erection or commissioning of plant that:<br>
     (a) the plant is erected, installed or commissioned having regard to<br>
     the instructions of the designer and manufacturer, or to instructions<br>
     developed by a competent person, in so far as they relate to health<br>
     and safety, and<br>
     (b) a competent person undertakes the installation, erection or<br>
     commissioning and is provided with all information necessary to<br>
     enable plant to be installed and commissioned so as to eliminate<br>
     risks to health and safety or, if this is not practicable, to control<br>
     them, and<br>
     (c) the plant is installed, erected and commissioned in a location<br>
     that is suitable for the operation being undertaken and the type of<br>
     plant being used, and<br>
     (d) plant that is designed to be operated in a fixed position is<br>
     positioned on and, if necessary, fixed to, a secure base in order to<br>
     prevent inadvertent movement when power is applied or while the plant<br>
     is in operation, and<br>
     (e) there is sufficient clear space around the plant to allow the<br>
     plant to be used and repaired, and<br>
     (f) there is sufficient space for access to and egress from parts of<br>
     the plant that require cleaning and maintenance, and<br>
     (g) emergency lighting, safety doors and alarm systems are provided<br>
     if access to plant is required as part of normal operation and<br>
     persons may be trapped and exposed to increased risk due to heat,<br>
     cold or lack of oxygen, and<br>
     (h) interim safeguards are used during testing, if the final means of<br>
     safeguarding are not in place, and<br>
     (i) as far as can be determined by commissioning, the plant is safe<br>
     for transfer into active service, and<br>
     (j) if the plant is an amusement device, details of the erection of<br>
     the amusement device are recorded in the log book for the amusement<br>
     device on each occasion on which it is erected.<br>
     Maximum penalty: Level 4.<br>
     Note: Division 1 of Part 5.2 relating to the design of plant also<br>
     applies to alterations to plant designs. A supplier who alters a<br>
     design to eliminate or control a risk must comply with the design<br>
     requirements of that Division. (See clause 84 (2) (b) and see also<br>
     the definition of "alter" in clause 82 (1).)<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 136<br>
Use of plant—registration requirements<br>
 <br>
 <br>
136 Use of plant—registration requirements<br>
     (1) An employer must ensure that any plant used at a place of work<br>
     (other than a mining workplace that is a mine, or a coal workplace)<br>
     that is of a kind specified in Part 1 of the Table to clause 107 and<br>
     that was designed after the prescribed date is not used unless:<br>
          (a) the plant has a current design registration number<br>
          issued under Subdivision 1 of Division 3 of Part 5.2, and<br>
          (b) evidence of the registration (including any conditions<br>
          of registration and limitations of use) is readily<br>
          accessible.<br>
          Maximum penalty: Level 3.<br>
     (2) An employer must ensure that any plant used at a place of work<br>
     (other than a mining workplace that is a mine or a coal workplace)<br>
     that is of a kind specified in Part 1 of the Table to clause 113 is<br>
     not used unless:<br>
          (a) the plant has a current item registration issued under<br>
          Subdivision 2 of Division 3 of Part 5.2 (or under the<br>
          Construction Safety Regulations 1950), and<br>
          (b) evidence of the registration (including any conditions<br>
          of registration and limitations of use) is displayed on or<br>
          near the plant.<br>
          Maximum penalty: Level 3.<br>
     (3) An employer must ensure that any plant used at a mining workplace<br>
     that is a mine, or a coal workplace, that is of a kind specified in<br>
     Part 1 of the Table to clause 107 and that was designed after the<br>
     prescribed date is not used unless:<br>
          (a) the plant has a current design registration number<br>
          issued under Subdivision 1 of Division 3 of Part 5.2, and<br>
          (b) evidence of the registration (including any conditions<br>
          of registration and limitations of use) is readily<br>
          accessible.<br>
          Maximum penalty: Level 3.<br>
     (4) An employer must ensure that any plant used at a mining workplace<br>
     that is a mine, or a coal workplace, that is of a kind specified in<br>
     Part 1 of the Table to clause 113 is not used unless:<br>
          (a) the plant has a current item registration issued under<br>
          Subdivision 2 of Division 3 of Part 5.2 (or under the<br>
          Construction Safety Regulations 1950), and<br>
          (b) evidence of the registration (including any conditions<br>
          of registration and limitations of use) is displayed on or<br>
          near the plant.<br>
          Maximum penalty: Level 3.<br>
     (5) An employer must ensure that any plant used at a mining workplace<br>
     that is a mine, or a coal workplace, that is of a kind specified in<br>
     Part 2 of the Table to clause 107 is not used unless:<br>
          (a) the plant has a current design registration number<br>
          issued under Subdivision 1 of Division 3 of Part 5.2, and<br>
          (b) evidence of the registration (including any conditions<br>
          of registration and limitations of use) is readily<br>
          accessible.<br>
          Maximum penalty: Level 3.<br>
     (6) An employer must ensure that any plant used at a mining workplace<br>
     that is a mine, or a coal workplace, that is of a kind specified in<br>
     Part 2 of the Table to clause 113 is not used unless:<br>
          (a) the plant has a current item registration issued under<br>
          Subdivision 2 of Division 3 of Part 5.2 (or under the<br>
          Construction Safety Regulations 1950), and<br>
          (b) evidence of the registration (including any conditions<br>
          of registration and limitations of use) is displayed on or<br>
          near the plant.<br>
          Maximum penalty: Level 3.<br>
     (7) In the case of:<br>
          (a) plant used at a mining workplace that is a mine:<br>
               (i) subclauses (3) and (4) do not apply until 1<br>
               September 2009, and<br>
               (ii) subclauses (5) and (6) do not apply until 1<br>
               September 2010, and<br>
          (b) plant used at a coal workplace, subclauses (3), (4),<br>
          (5) and (6) do not apply until 23 December 2007.<br>
     (8) An employer must ensure that plant to which this clause refers is<br>
     used only in accordance with any conditions of registration including<br>
     any limitations of use provided in the design registration.<br>
          Maximum penalty: Level 3.<br>
     (9) A reference in this clause to an employer extends to an owner of<br>
     plant affecting public safety.<br>
     (10) In this clause:<br>
     "prescribed date" means:<br>
          (a) in the case of plant used at a workplace that is not a<br>
          mining workplace or a coal workplace�? September 2001, or<br>
          (b) in the case of plant used at a mining workplace that is<br>
          a mine, that is plant referred to in Part 1 of the Table to<br>
          clause 107�? September 2008, or<br>
          (c) in the case of plant used at a mining workplace that is<br>
          not a mine, that is plant referred to in Part 1 of the<br>
          Table to clause 107�? September 2001, or<br>
          (d) in the case of plant used at a coal workplace that is<br>
          plant referred to in Part 1 of the Table to clause 107�?3<br>
          December 2006.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 136A<br>
Use of plant—particular risk control measures<br>
 <br>
 <br>
136A Use of plant—particular risk control measures<br>
     (1) An employer must ensure in relation to use of plant that:<br>
          (a) plant (with the exception of lifts that are operated by<br>
          members of the public and coin-operated amusement devices)<br>
          is not operated by a person unless the person has received<br>
          adequate information and training and is supervised to the<br>
          extent necessary to minimise the risks to health and<br>
          safety, and<br>
          (b) plant is used only for the purpose for which it was<br>
          designed unless a competent person has made an assessment<br>
          that the change in use does not present an increased risk<br>
          to health or safety, and<br>
          (c) if safety features or warning devices are incorporated<br>
          into plant, the features or devices are used as intended,<br>
          and<br>
          (d) if it is not possible to eliminate the risk of<br>
          entanglement in plant with moving parts, persons do not<br>
          operate, or pass in close proximity to, the plant unless<br>
          the risk of entanglement is controlled by guarding that<br>
          meets the requirements of clause 90 (1) or the use of a<br>
          safe system of work, and<br>
          (e) if it is not possible to eliminate the risk of parts or<br>
          work pieces breaking, disintegrating or being ejected from<br>
          plant, persons do not operate, or pass in close proximity<br>
          to, the plant unless the risk is controlled by guarding<br>
          that meets the requirements of clause 90 (3), and<br>
          (f) an employee does not work between fixed and traversing<br>
          parts of plant if there is a risk to health or safety, and<br>
          (g) if plant can be remotely or automatically energised and<br>
          become a risk to health and safety:<br>
               (i) the immediate operating area of the plant is<br>
               designated as a restricted space and access to it<br>
               is controlled at all times, and<br>
               (ii) an employee does not work in the immediate<br>
               operating area of the plant unless appropriate<br>
               controls and systems of work are used, and<br>
          (h) if plant could start without warning and cause hazards,<br>
          an employee is not permitted to work in the immediate<br>
          vicinity of the plant unless appropriate controls and<br>
          systems of work are in place, and<br>
          (i) pipes and other parts of plant that may become hot are<br>
          adequately guarded or insulated, and<br>
          (j) pipes and other parts of plant that may become cold are<br>
          adequately guarded or insulated, and<br>
          (k) fixed sources of heat, such as furnaces, coke ovens and<br>
          cooling racks, are ventilated, and<br>
          (l) measures are provided to prevent, as far as<br>
          practicable, unauthorised interference with or alteration<br>
          or use of plant that may make the plant a risk to health or<br>
          safety, and<br>
          (m) plant is subject to appropriate checks, tests and<br>
          inspections necessary to minimise risks to health and<br>
          safety, and<br>
          (n) if the operation or condition of plant presents an<br>
          immediate risk to health or safety, the plant is withdrawn<br>
          from operation until the risk is eliminated or, if this is<br>
          not practicable, controlled.<br>
          Maximum penalty: Level 4.<br>
     (2) A reference in this clause to an employer extends to an owner of<br>
     plant affecting public safety.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 137<br>
Maintenance and repair of plant—particular risk control measures<br>
 <br>
 <br>
137 Maintenance and repair of plant—particular risk control measures<br>
     (1) An employer must ensure in relation to the maintenance and repair<br>
     of plant that:<br>
          (a) the necessary facilities and systems of work are<br>
          provided and maintained so as to minimise risks to health<br>
          and safety of persons maintaining, inspecting, altering,<br>
          repairing or cleaning the plant, and<br>
          (b) inspections, maintenance and cleaning are carried out<br>
          having regard to procedures recommended by the designer or<br>
          manufacturer or designer and manufacturer, or developed by<br>
          a competent person, and<br>
          (c) all safety features and warning devices of plant are<br>
          maintained and tested, and<br>
          (d) if plant has been damaged to the extent that its<br>
          operation or condition is impaired and the risk to health<br>
          or safety is increased, a competent person assesses the<br>
          damage and provides advice on:<br>
               (i) the nature of the damage, and<br>
               (ii) whether the plant is able to be repaired<br>
               and, if so, what repairs must be carried out to<br>
               minimise risks to health and safety, and<br>
          (e) repair, inspection and, if necessary, testing is<br>
          carried out by a competent person, and<br>
          (f) repairs to the plant are carried out so as to keep the<br>
          plant within its design limits.<br>
     (2) An employer must ensure that:<br>
          (a) if access to plant is required for the purpose of<br>
          maintenance, cleaning or repair, the plant is stopped and<br>
          one or more of the following measures is used so as to<br>
          control risks to health and safety:<br>
               (i) lockout or isolation devices,<br>
               (ii) danger tags,<br>
               (iii) permit to work systems,<br>
               (iv) other control measures, and<br>
          (b) if it is not practicable to carry out cleaning or<br>
          maintenance with the plant stopped, operational controls<br>
          that permit controlled movement of the plant are fitted and<br>
          safe systems of work are used.<br>
     (3) In this clause:<br>
          (a) a reference to an employer extends to an owner of plant<br>
          affecting public safety, and<br>
          (b) in the case of an amusement device—a reference to a<br>
          competent person is to be read as a reference to a<br>
          qualified engineer.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 138<br>
Dismantling, storage and disposal of plant—particular risk control measures<br>
 <br>
 <br>
138 Dismantling, storage and disposal of plant—particular risk control<br>
measures<br>
An employer must ensure in relation to dismantling, storage and disposal of<br>
plant that:<br>
     (a) if plant is dismantled, the dismantling is carried out by a<br>
     competent person, and<br>
     (b) all available information provided by the designer or<br>
     manufacturer to the employer that is relevant to the dismantling is<br>
     made available to the competent person, and<br>
     (c) if plant, including plant that is dismantled, is to be stored,<br>
     storage is carried out by a competent person, and<br>
     (d) if plant contains materials that present a risk to health or<br>
     safety and the plant is to be disposed of, the disposal is carried<br>
     out by a competent person.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 139<br>
Use of amusement devices—particular risk control measures<br>
 <br>
 <br>
139 Use of amusement devices—particular risk control measures<br>
     (1) An employer must ensure that an amusement device (other than a<br>
     coin operated amusement device) is operated only by a person who is<br>
     competent to operate it and, if that person is not the owner of the<br>
     amusement device, that the person operating the amusement device:<br>
          (a) checks the amusement device before it is operated on<br>
          each day on which it is to be operated, and<br>
          (b) operates the amusement device without passengers before<br>
          operating it with passengers on each day on which the<br>
          amusement device is to be operated, and<br>
          (c) ensures that each daily check and operation of the<br>
          amusement device without passengers is properly and<br>
          accurately recorded in the log book for the amusement<br>
          device.<br>
     (2) An employer must ensure in relation to the maintenance and repair<br>
     of an amusement device that maintenance, repair, inspection and, if<br>
     necessary, testing is carried out by a competent person and:<br>
          (a) in accordance with the requirements of AS<br>
          3533.2�?997Amusement rides and devices Part 2: Operation<br>
          and maintenance, including as to the recording of details<br>
          of all work carried out in the log book for the amusement<br>
          device, and<br>
          (b) in accordance with:<br>
               (i) the recommendations of the designer or<br>
               manufacturer or designer and manufacturer, or<br>
               (ii) if a maintenance manual for the amusement<br>
               device has been prepared by a competent person,<br>
               the requirements of the maintenance manual.<br>
     (3) A reference in this clause to an employer extends to the owner of<br>
     the amusement device concerned.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 140<br>
Plant under pressure—particular risk control measures<br>
 <br>
 <br>
140 Plant under pressure—particular risk control measures<br>
     (1) An employer must ensure in relation to plant under pressure that:<br>
          (a) pressure equipment (excluding gas cylinders and<br>
          miniature boilers) is inspected in accordance with AS/NZS<br>
          3788:1996Pressure equipment—in-service inspection, and<br>
          (b) miniature copper boilers (falling within the definition<br>
          of "pressure equipment") are inspected, operated and<br>
          maintained in accordance with AMBSC Code—Part 1: Copper<br>
          Boilers, and<br>
          (c) miniature steel boilers (falling within the definition<br>
          of "pressure equipment") are inspected, operated and<br>
          maintained in accordance with AMBSC Code—Part 2: Steel<br>
          Boilers.<br>
     (2) An employer must ensure that a gas cylinder complies with AS 2030<br>
     Parts 1, 2 and 4 (as listed in Schedule 1) and is inspected and<br>
     maintained as required by that Standard.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 141<br>
Powered mobile plant—particular risk control measures<br>
 <br>
 <br>
141 Powered mobile plant—particular risk control measures<br>
     (1) An employer must ensure that powered mobile plant is used so as<br>
     to minimise the risk of overturning or a falling object coming into<br>
     contact with the operator.<br>
     (2) An employer must ensure that an appropriate combination of<br>
     operator protective devices are provided, used and maintained if<br>
     there is a risk of:<br>
          (a) powered mobile plant overturning, or<br>
          (b) an object falling on the operator, or<br>
          (c) an operator being ejected from the seat.<br>
     (3) An employer must ensure that appropriate controls are implemented<br>
     to eliminate or minimise the risk of the powered mobile plant<br>
     colliding with pedestrians or other powered mobile plant.<br>
     (4) An employer must ensure that a tractor designed to have a mass of<br>
     560 kg or more, but less than 15,000 kg, is not used unless:<br>
          (a) if the tractor was manufactured, imported or originally<br>
          purchased after 1981, it is securely fitted with a<br>
          protective structure that conforms with AS 1636.1�?996,<br>
          AS 1636.2�?996 and AS 1636.3�?996Tractors—Roll-over<br>
          protective structures—Criteria and tests—Conventional<br>
          tractors, or<br>
          (b) if the tractor was manufactured, imported or originally<br>
          purchased during or before 1981, it is securely fitted<br>
          with:<br>
               (i) a roll-over protective structure that<br>
               conforms with AS 1636.1�?996, AS 1636.2�?996<br>
               and AS 1636.3�?996Tractors—Roll-over<br>
               protective structures—Criteria and tests, or<br>
               (ii) if such a structure is not available, an<br>
               alternative roll-over protective structure<br>
               designed by a suitably qualified engineer having<br>
               regard to the performance requirements of AS<br>
               1636.1�?996.<br>
     (5) If a tractor is used in a place that is too low for the tractor<br>
     to work while it is fitted with a roll-over protective structure, the<br>
     structure may be lowered or removed for the period during which the<br>
     tractor is used in such a situation (but only if other measures to<br>
     minimise the risk of roll-over or harm from falling objects are in<br>
     place).<br>
     (6) An employer must ensure that earthmoving machinery designed to<br>
     have a mass of 700 kg or more, but less than 100,000 kg, is not used<br>
     unless:<br>
          (a) if the machinery was manufactured, imported or<br>
          originally purchased after 1989, it is securely fitted with<br>
          a protective structure that conforms with AS 2294.1�?997,<br>
          AS 2294.2�?997 and AS 2294.3�?997Earth-moving<br>
          machinery—Protective structures, or<br>
          (b) if the machinery was manufactured, imported or<br>
          originally purchased during or before 1989, it is securely<br>
          fitted with:<br>
               (i) a protective structure that conforms with AS<br>
               2294.1�?997, AS 2294.2�?997 and AS<br>
               2294.3�?997, or<br>
               (ii) if such a structure is not available, an<br>
               alternative protective structure designed by a<br>
               suitably qualified engineer having regard to the<br>
               performance requirements of AS 2294.1�?997, AS<br>
               2294.2�?997 and AS 2294.3�?997.<br>
     (7) In designing an alternative structure for the purposes of this<br>
     clause, an engineer may, if satisfied that deformation testing is not<br>
     required, substitute calculated deformations.<br>
     (8) Such a structure must be identified with the information required<br>
     by:<br>
          (a) AS 1636.1�?996, or<br>
          (b) AS 2294.1�?997, AS 2294.2�?997 and AS<br>
          2294.3�?997,<br>
     whichever is appropriate.<br>
     (9) An employer must ensure that powered mobile plant is fitted with<br>
     appropriate seat restraints if:<br>
          (a) the plant is fitted with a rollover protective<br>
          structure or a falling object protective structure, and<br>
          (b) attachment points for the seat restraints have been<br>
          incorporated in the original design of the plant.<br>
     (10) An employer must ensure that powered mobile plant:<br>
          (a) is fitted with warning devices that are appropriate to<br>
          effectively warn persons who are at risk from movement of<br>
          the plant, and<br>
          (b) is not used to carry, lift or lower a person other than<br>
          the operator unless:<br>
               (i) the plant was specifically designed to carry<br>
               persons, and<br>
               (ii) if the plant includes a specifically<br>
               designed seat for carrying a passenger, the<br>
               person is seated in the seat, and<br>
               (iii) the seat is fitted with appropriate seat<br>
               restraints, and<br>
               (iv) the seat is located within a zone of<br>
               protection afforded by operator protective<br>
               devices.<br>
     (11) An employer must ensure that industrial lift trucks:<br>
          (a) are equipped with appropriate lifting attachments<br>
          specifically designed for the load to be lifted or moved,<br>
          and<br>
          (b) are used in a way that minimises exposure of the<br>
          operator to risks arising from work practices or systems<br>
          and the particular environment in which the industrial lift<br>
          truck is used.<br>
     (12) This clause does not apply to powered mobile plant that:<br>
          (a) is not operated by a person, or<br>
          (b) is installed in a fixed position in a manner that does<br>
          not permit its use as powered mobile plant.<br>
     (13) Subclauses (4) and (7) do not apply to powered mobile plant<br>
     intended for use in the underground parts of a mine at a mining<br>
     workplace or a coal workplace.<br>
     (14) Despite subclause (13), an employer must, in controlling risks,<br>
     ensure that powered mobile plant intended for use in the underground<br>
     parts of a mine at a mining workplace or a coal workplace is designed<br>
     having regard to the safety requirements specified in subclauses (4)<br>
     and (7) when determining measures to control risks.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 142<br>
Plant designed to lift or move—particular risk control measures<br>
 <br>
 <br>
142 Plant designed to lift or move—particular risk control measures<br>
     (1) An employer must ensure that a clearly legible notice is affixed,<br>
     in a conspicuous place, on a lift or any lifting machinery,<br>
     specifying the rated capacity of the plant in appropriate metric<br>
     units or maximum number of persons to be lifted, as may be<br>
     appropriate.<br>
          Maximum penalty: Level 3.<br>
     (2) A reference in subclause (1) to an employer extends to an owner<br>
     of plant affecting public safety.<br>
     (3) An employer must ensure that, in relation to plant designed to<br>
     lift or move people, equipment or materials:<br>
          (a) as far as practicable, no loads are suspended or travel<br>
          over a person, and<br>
          (b) plant that is not specifically designed for lifting or<br>
          suspending loads is not used for those tasks unless the<br>
          plant provides at least an equal level of safety to that of<br>
          plant that is specifically designed for those tasks, and<br>
          (c) all lifting or suspending is done within the rated<br>
          capacity of the plant, and<br>
          (d) persons are not lifted or suspended by plant or an<br>
          attachment to plant (other than plant specifically designed<br>
          for lifting or suspending persons) unless:<br>
               (i) use of another method of lifting or<br>
               suspending is not reasonably practicable, and<br>
               (ii) a suitable and adequate personnel box or<br>
               carrier, designed for the purpose, is used and is<br>
               securely attached to the plant, and<br>
               (iii) means are provided by which persons being<br>
               lifted or suspended can have safe egress from the<br>
               personnel box, carrier or plant in the event of a<br>
               failure in the normal operation of the plant, and<br>
               (iv) the plant is suitably stabilised, and can be<br>
               maintained by the operator in that state, at all<br>
               times during which the personnel box or carrier<br>
               is in use, and<br>
               (v) a suitable fall arrest device is provided to<br>
               and worn by all persons who are suspended in a<br>
               personnel box or carrier unless the box or<br>
               carrier is fully enclosed, and<br>
               (vi) in the case of a crane, the crane has drive-<br>
               up and drive-down controls on both the hoisting<br>
               and luffing motions and these controls are used<br>
               by the operator in the lifting and suspending<br>
               operations.<br>
          Maximum penalty (subclause (3)): Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 143<br>
Employer to keep records<br>
 <br>
 <br>
143 Employer to keep records<br>
     (1) An employer who has control of any plant of a kind specified in<br>
     the Table to clause 131 (Plant for which records are to be kept) must<br>
     make and keep for the operating life of the plant records of any<br>
     tests, maintenance, inspections, commissioning or alteration of plant<br>
     relevant to controlling risks arising from the plant.<br>
     (2) An employer must ensure in relation to an amusement device that:<br>
          (a) details of all tests, maintenance, inspections,<br>
          commissioning, alteration or repair of the amusement device<br>
          are accurately recorded in the log book for the amusement<br>
          device by a competent person, and<br>
          (b) the log book and operating and maintenance manuals for<br>
          the amusement device are kept with the amusement device.<br>
     (3) A reference in this clause to an employer extends to an owner of<br>
     plant affecting public safety.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 144<br>
Employer to provide information<br>
 <br>
 <br>
144 Employer to provide information<br>
     (1) An employer must provide persons involved in the commissioning,<br>
     installation, use and testing, and the de-commissioning, dismantling<br>
     and disposal, of plant with all available information concerning<br>
     health and safety about the plant.<br>
     (2) An employer must ensure that all relevant information on<br>
     emergency procedures relating to plant is displayed in a manner that<br>
     can be readily observed by persons who may be exposed to risks<br>
     arising from the operation of the plant.<br>
     (3) An employer who contracts out the design of plant for use at work<br>
     must ensure that the person who is engaged to design the plant is<br>
     provided with all relevant information about matters relating to the<br>
     plant that may affect health and safety.<br>
     (4) An employer must ensure that persons involved in the<br>
     commissioning, installation, use and testing, and the de-<br>
     commissioning, dismantling and disposal, of an amusement device are<br>
     provided with:<br>
          (a) the log book for the amusement device in which details<br>
          concerning erection, operation, maintenance and repair of<br>
          the amusement device are recorded, and<br>
          (b) the operating and maintenance manuals for the amusement<br>
          device.<br>
     (5) A reference in this clause to an employer extends to an owner of<br>
     plant affecting public safety.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Chapter 6This Chapter imposes obligations on an employer.<br>
<br>
"Employer", for the purposes of this Chapter, includes self-employed persons<br>
(see clause 3).<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 145<br>
Definitions<br>
 <br>
 <br>
145 Definitions<br>
     (1) In this Chapter:<br>
     "analysis" means a process used for the purpose of identifying the<br>
     kind or quantities of ingredients in a substance.<br>
     "biological monitoring" means the measurement and evaluation of<br>
     hazardous substances or their metabolites in the body tissues, fluids<br>
     or exhaled air of a person.<br>
     "container" means anything in or by which substances are or have been<br>
     wholly or partly encased, covered, enclosed, contained or packed<br>
     (whether empty, partially full or completely full), but does not<br>
     include a bulk container, namely:<br>
          (a) in the case of a container designed to hold gas—a<br>
          container that has a capacity of more than 500 litres, or<br>
          (b) in the case of a container designed to hold either<br>
          solids or liquids—a container that has either a net mass<br>
          of more than 400 kilograms or a capacity of more than 450<br>
          litres.<br>
     "exposure" —see clause 146 (2).<br>
     "health surveillance" means the monitoring of persons to identify<br>
     changes (if any) in their health due to exposure to a hazardous<br>
     substance, and includes biological monitoring, but does not include<br>
     the monitoring of atmospheric contaminants.<br>
     "MSDS" means a material safety data sheet referred to in clause 150.<br>
     "research" means systematic investigative or experimental activities<br>
     that are carried out for the purpose of:<br>
          (a) acquiring new knowledge (whether or not that knowledge<br>
          will have a specific practical application), or<br>
          (b) creating new or improved materials, products, devices,<br>
          processes or services.<br>
     "risk to health", in relation to a substance, means the likelihood<br>
     that the substance will cause harm to health in the circumstances of<br>
     its use.<br>
     "type I ingredient" means an ingredient present in a particular<br>
     hazardous substance in a quantity that exceeds the lowest relevant<br>
     concentration cut-off level specified for the hazard classification<br>
     of the substance in the document entitled �?Approved Criteria for<br>
     Classifying Hazardous Substances [NOHSC: 1008 (1999)] �? published<br>
     by the NOHS Commission, being an ingredient that:<br>
          (a) is a substance that is, according to that document:<br>
               (i) carcinogenic, mutagenic or teratogenic, or<br>
               (ii) a skin or respiratory sensitiser, or<br>
               (iii) corrosive, toxic or very toxic, or<br>
               (iv) a harmful substance that can cause<br>
               irreversible effects after acute exposure, or<br>
               (v) a harmful substance that can cause serious<br>
               damage to health after repeated or prolonged<br>
               exposure, or<br>
               (vi) toxic to reproduction, or<br>
          (b) is a substance for which an exposure standard is listed<br>
          in the document entitled �?Adopted National Exposure<br>
          Standards for Atmospheric Contaminants in the Occupational<br>
          Environments [NOHSC: 1003] �? published by the NOHS<br>
          Commission, as in force from time to time.<br>
     "type II ingredient" means an ingredient present in a particular<br>
     hazardous substance in a quantity that exceeds the lowest relevant<br>
     concentration cut-off level specified for the hazard classification<br>
     of the substance in the document entitled �?Approved Criteria for<br>
     Classifying Hazardous Substances [NOHSC: 1008 (1999)] �? published<br>
     by the NOHS Commission, being an ingredient that:<br>
          (a) is a harmful substance according to that document, and<br>
          (b) is not a type I ingredient.<br>
     "type III ingredient" means an ingredient present in a particular<br>
     hazardous substance that is not a type I ingredient or a type II<br>
     ingredient.<br>
     "use" of a substance, means the use, production, handling, storage,<br>
     transport or disposal of the substance.<br>
     (2) A reference in this Chapter to a document prepared or published<br>
     by any body or authority is to be taken as a reference to that<br>
     document, as in force from time to time, and (if the document is<br>
     revoked and remade, with or without modifications) includes a<br>
     reference to the new document, as in force from time to time.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 146<br>
Application<br>
 <br>
 <br>
146 Application<br>
     (1) This Chapter applies (subject to clause 147) to all hazardous<br>
     substances, to all places of work in which hazardous substances are<br>
     used, and to all persons who have been, are or may become exposed to<br>
     hazardous substances in those places of work.<br>
     (2) For the purposes of this Chapter, exposure of a person to a<br>
     hazardous substance includes the absorption, or potential absorption,<br>
     by the person of the substance by ingestion or inhalation or through<br>
     the skin or mucous membrane or by any other means.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 147<br>
Exclusion of certain substances<br>
 <br>
 <br>
147 Exclusion of certain substances<br>
     (1) This Chapter does not apply to the following substances if their<br>
     use is not related to a work activity:<br>
          (a) food (within the meaning of the Food Act 1989),<br>
          (b) therapeutic agents,<br>
          (c) cosmetics,<br>
          (d) tobacco and tobacco products,<br>
          (e) toiletries and toilet products.<br>
     (2) This Chapter does not apply to:<br>
          (a) any radioactive substance to which the Radiation<br>
          Control Act 1990 applies, or<br>
          (b) any infectious substance (that is, any viable micro-<br>
          organism, such as a bacterium, virus, rickettsia, parasite,<br>
          fungus, recombinant, hybrid or mutant, that is known or<br>
          reasonably believed to cause disease in humans or animals).<br>
     (3) This Chapter does not apply to a hazardous substance while it is<br>
     being transported in accordance with any of the following:<br>
          (a) the Road and Rail Transport (Dangerous Goods) Act 1997<br>
          and the regulations under that Act,<br>
          (b) the document entitled �?International Maritime<br>
          Dangerous Goods Code �? published by the International<br>
          Maritime Organization, copies of which are available for<br>
          inspection at the offices of WorkCover,<br>
          (c) the document entitled �?Technical Instructions for<br>
          the Safe Transport of Dangerous Goods by Air �? published<br>
          by the International Civil Aviation Organization, copies of<br>
          which are available for inspection at the offices of<br>
          WorkCover,<br>
          (d) the document entitled �?Dangerous Goods Regulations<br>
          �? published by the International Air Transport<br>
          Association, copies of which are available for inspection<br>
          at the offices of WorkCover.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Part 6.2See clause 7 (2) as to the extent of a manufacturer’s duties<br>
under this Part.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 148<br>
Application<br>
 <br>
 <br>
148 Application<br>
     (1) This Part applies to hazardous substances manufactured for use at<br>
     work.<br>
     (2) A person who imports a substance manufactured outside New South<br>
     Wales for supply to others or for the person’s own use must ensure<br>
     that the responsibilities of a manufacturer under this Part are met<br>
     in relation to the substance.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 149<br>
Manufacturer to identify hazardous substances<br>
 <br>
 <br>
149 Manufacturer to identify hazardous substances<br>
     (1) A manufacturer of a substance must, before the substance is used<br>
     or supplied to another person for use at work, determine whether the<br>
     substance is a hazardous substance:<br>
          (a) by ascertaining whether it is listed in the document<br>
          entitled �?List of Designated Hazardous Substances<br>
          [NOHSC: 10005 (1999)] �? published by the NOHS Commission,<br>
          or<br>
          (b) by ascertaining whether it fits the criteria for<br>
          hazardous substances set out in the document entitled �?br>
          Approved Criteria for Classifying Hazardous Substances<br>
          [NOHSC: 1008 (1999)] �? published by the NOHS Commission.<br>
          Maximum penalty: Level 4.<br>
     (2) If:<br>
          (a) a manufacturer determines that a substance is a<br>
          hazardous substance on the basis of the document entitled<br>
          �?Approved Criteria for Classifying Hazardous Substances<br>
          [NOHSC: 1008 (1999)] �? published by the NOHS Commission,<br>
          and<br>
          (b) the substance is a natural or artificial entity (and<br>
          not any composite material, mixture or formulation), and<br>
          (c) the substance is not listed on the document entitled<br>
          �?List of Designated Hazardous Substances [NOHSC: 10005<br>
          (1999)] �? published by the NOHS Commission,<br>
     the manufacturer must, by notice in writing, inform the NOHS<br>
     Commission of the determination.<br>
          Maximum penalty (subclause (2)): Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 150<br>
Manufacturer to prepare material safety data sheet<br>
 <br>
 <br>
150 Manufacturer to prepare material safety data sheet<br>
     (1) A manufacturer of a hazardous substance must prepare a material<br>
     safety data sheet ( "MSDS") for the substance before the hazardous<br>
     substance is supplied to another person for use at work.<br>
          Maximum penalty: Level 4.<br>
     (2) The MSDS:<br>
          (a1) must be in English, and<br>
          (a2) must contain the date on which it was last reviewed<br>
          or, if it has not been reviewed, the date of its<br>
          preparation, and<br>
          (a) must clearly identify each hazardous substance to which<br>
          it relates, and<br>
          (b) must set out the following information in relation to a<br>
          hazardous substance to which it relates:<br>
               (i) its recommended uses,<br>
               (ii) its chemical and physical properties,<br>
               (iii) information relating to each of its<br>
               ingredients, to the extent required by subclause<br>
               (3),<br>
               (iv) any relevant health-hazard information,<br>
               (v) information concerning the precautions to be<br>
               followed in relation to its safe use and<br>
               handling, and<br>
          (c) must set out the name, and Australian address and<br>
          telephone numbers (including an emergency number), of the<br>
          manufacturer.<br>
     (3) The following information must be disclosed by an MSDS about the<br>
     ingredients of the hazardous substance to which it relates:<br>
          (a) for each type I ingredient, its chemical name,<br>
          (b) for each type II ingredient:<br>
               (i) its chemical name, or<br>
               (ii) if the identity of the ingredient is<br>
               commercially confidential, its generic name,<br>
          (c) for each type III ingredient:<br>
               (i) its chemical name, or<br>
               (ii) its generic name.<br>
     (4) If a generic name is used to identify a type II ingredient under<br>
     subclause (3) (b) (ii), the manufacturer must notify the NOHS<br>
     Commission of the use of the generic name in a manner and form<br>
     determined by the Commission.<br>
          Maximum penalty: Level 1.<br>
     (5) If the manufacturer considers that compliance with subclause (3)<br>
     (c) would not provide sufficient commercial protection for a type III<br>
     ingredient, other than an ingredient that has a known synergistic<br>
     effect or is a hazardous substance, the MSDS may indicate that the<br>
     ingredient has been determined not to be hazardous by the use of the<br>
     phrase “OTHER INGREDIENTS DETERMINED NOT TO BE HAZARDOUS�?.<br>
     (6) The manufacturer must review and revise the MSDS as often as is<br>
     reasonably necessary to keep it up to date and, in any event, at<br>
     intervals not exceeding 5 years.<br>
          Maximum penalty (subclause (6)): Level 4.<br>
     (7) If a hazardous substance manufactured by a manufacturer is also<br>
     dangerous goods, the MSDS prepared for the substance for the purposes<br>
     of this clause:<br>
          (a) may be a single MSDS that complies with both clause<br>
          174J and this clause if it is prepared before 1 September<br>
          2006, or<br>
          (b) must be a single MSDS that complies with both clause<br>
          174J and this clause if it is prepared on or after 1<br>
          September 2006.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 151<br>
Manufacturer to provide MSDS<br>
 <br>
 <br>
151 Manufacturer to provide MSDS<br>
A manufacturer of a hazardous substance must provide a copy of a current MSDS<br>
for that hazardous substance:<br>
     (a) to any person who supplies the hazardous substance for use at<br>
     work, and<br>
     (b) to any person who claims to be associated with the use of the<br>
     hazardous substance at work and who asks to be provided with a copy<br>
     of the MSDS, and<br>
     (c) to any medical practitioner or health practitioner who requires<br>
     it for the purpose of providing emergency medical treatment.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 152<br>
Manufacturer to disclose ingredients to medical practitioner<br>
 <br>
 <br>
152 Manufacturer to disclose ingredients to medical practitioner<br>
     (1) If an MSDS or label does not disclose the chemical name of an<br>
     ingredient of a hazardous substance, the manufacturer of the<br>
     hazardous substance must disclose the chemical identity of the<br>
     ingredient to any medical practitioner or health practitioner who<br>
     applies to the manufacturer for the disclosure of that information<br>
     for the purpose of emergency medical treatment.<br>
     (2) The manufacturer must immediately respond to the application but,<br>
     on or after supplying any information, may require the medical<br>
     practitioner or health practitioner concerned to sign a written<br>
     undertaking that he or she will only use the information for the<br>
     purpose for which it has been provided.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 153<br>
Manufacturer to disclose ingredients to other person<br>
 <br>
 <br>
153 Manufacturer to disclose ingredients to other person<br>
     (1) An application may be made to the manufacturer of a hazardous<br>
     substance for the disclosure of the chemical identity of any<br>
     ingredient of the substance that is not disclosed by the MSDS or<br>
     label for the substance.<br>
     (2) The manufacturer may require the application to be made in<br>
     writing and to set out details of the grounds on which it is made.<br>
     (3) The manufacturer must respond to the application within 30 days<br>
     after it is received.<br>
          Maximum penalty: Level 2.<br>
     (4) The manufacturer may make it a condition of the provision of any<br>
     information in response to an application (other than an application<br>
     by an authorised official within the meaning of section 137 of the<br>
     Act) that the applicant sign a written undertaking that he or she<br>
     will only use the information for the purpose for which it has been<br>
     provided.<br>
     (5) In the case of an application made by WorkCover, the Department<br>
     Head (Mining), an employer or an employee or by a representative of<br>
     an employer or employee, the manufacturer must disclose the chemical<br>
     identity of the ingredient to the applicant if the application is<br>
     made for the express purpose of protecting the health of persons who<br>
     may be exposed to the hazardous substance through its use at work.<br>
     However, if a condition has been imposed under subclause (4) in<br>
     connection with the disclosure, the manufacturer may refuse the<br>
     application if the applicant has not signed a written undertaking in<br>
     accordance with the condition.<br>
          Maximum penalty: Level 3.<br>
     (6) In any other case, the manufacturer may either disclose the<br>
     chemical identity of the ingredient or else reject the application.<br>
     (7) If the manufacturer rejects the application, the manufacturer:<br>
          (a) must provide the applicant with written reasons for the<br>
          rejection, and<br>
          (b) must provide such information as is necessary to<br>
          satisfy the grounds on which the application is made<br>
          without disclosing the chemical identity of the ingredient.<br>
          Maximum penalty (subclause (7)): Level 2.<br>
     Note: Section 137 of the Act prohibits the disclosure by authorised<br>
     officials of information obtained in connection with the<br>
     administration or execution of the Act. “Authorised official�? is<br>
     defined in the section and includes such persons as inspectors and<br>
     authorised representatives of industrial organisations.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Part 6.3See clause 7 (2) as to the extent of a supplier’s duties<br>
under this Part.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 154<br>
Application<br>
 <br>
 <br>
154 Application<br>
This Part applies to the supply of hazardous substances for use at work.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 155<br>
Supplier to provide MSDS<br>
 <br>
 <br>
155 Supplier to provide MSDS<br>
     (1) A person who supplies a hazardous substance to an employer for<br>
     use at work must ensure, in relation to each hazardous substance<br>
     supplied, that a current MSDS prepared by the manufacturer is<br>
     provided:<br>
          (a) on the first occasion the hazardous substance is<br>
          supplied to the employer, and<br>
          (a1) on the first occasion the hazardous substance is<br>
          supplied following a revision of the MSDS, and<br>
          (b) at any other time, to any person who claims to be<br>
          associated with the use of the hazardous substance at work<br>
          and who asks to be provided with a copy of the MSDS, and<br>
          (c) to any medical practitioner or health practitioner who<br>
          requires it for the purpose of providing emergency medical<br>
          treatment.<br>
          Maximum penalty: Level 4.<br>
     (2) Subclause (1) (a) does not apply to a hazardous substance that is<br>
     supplied to a retailer or a retail warehouse operator in a consumer<br>
     package holding less than 30 kilograms or 30 litres of the hazardous<br>
     substance, that is intended for retail sale and that is not intended<br>
     to be opened on the premises of the retailer or operator.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 156<br>
Supplier to ensure hazardous substances are labelled<br>
 <br>
 <br>
156 Supplier to ensure hazardous substances are labelled<br>
     (1) A person who supplies a hazardous substance for use at work must<br>
     ensure that any container of the hazardous substance is appropriately<br>
     labelled.<br>
     (2) Without limiting subclause (1), the person must ensure that any<br>
     such label:<br>
          (a) clearly identifies the hazardous substance, and<br>
          (b) sets out the name, and Australian address and telephone<br>
          numbers (including an emergency number), of the person, and<br>
          (c) discloses the chemical name of each type I ingredient,<br>
          and<br>
          (d) discloses the chemical name of each type II ingredient<br>
          or, if the identity of the ingredient is commercially<br>
          confidential, its generic name, and<br>
          (e) provides basic health and safety information about the<br>
          substance, including any relevant risk phrases and safety<br>
          phrases.<br>
     (3) If the container to be labelled is so small that it is not<br>
     practicable to include all the particulars referred to in subclause<br>
     (2), it is sufficient if the label complies with paragraphs (a) and<br>
     (b) of that subclause.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 157<br>
Supplier to provide other information<br>
 <br>
 <br>
157 Supplier to provide other information<br>
A person who supplies a hazardous substance to an employer for use at work must<br>
provide to the employer, on request:<br>
     (a) any summary report (within the meaning of the Industrial<br>
     Chemicals (Notification and Assessment) Act 1989 of the Commonwealth)<br>
     that relates to the hazardous substance, and<br>
     (b) any other relevant information (in addition to the information<br>
     contained in an MSDS) that will assist in the safe use of the<br>
     hazardous substance.<br>
     Maximum penalty: Level 2.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 158<br>
Definitions<br>
 <br>
 <br>
158 Definitions<br>
In this Division:<br>
"notifiable carcinogenic substance" means a substance of the following kind:<br>
     Acrylonitrile [107-13-1]<br>
     Benzene [71-43-2]—when used as a feedstock containing more than 50%<br>
     of benzene by volume<br>
     Cyclophosphamide [50-18-0] (cytotoxic drug)—when used in<br>
     preparations for therapeutic use in hospitals and oncological<br>
     treatment facilities, and in manufacturing operations<br>
     3,3�?Dichlorobenzidine [91-94-1] and its salts (including 3,3�?<br>
     Dichlorobenzidine dihydrochloride [612-83-9])<br>
     Diethyl sulfate [64-67-5]<br>
     Dimethyl sulfate [77-78-1]<br>
     Ethylene dibromide [106-93-4]—when used as a fumigant<br>
     4,4�?Methylene bis(2-chloroaniline) [101-14-4]—MOCA<br>
     2-Propiolactone [57-57-8]<br>
     o-Toluidine [95-53-4] and o-Toluidine hydrochloride [636-21-5]<br>
     Vinyl chloride monomer [75-01-4]<br>
"prohibited carcinogenic substance" means a substance of the following kind:<br>
     2-Acetylaminofluorene [53-96-3]<br>
     Aflatoxins—except in foods where specifically permitted under the<br>
     Food Act 1989<br>
     4-Aminodiphenyl [92-67-1]<br>
     Amosite [12172-73-5] (brown asbestos)—except for removal, disposal,<br>
     maintenance, encapsulation and enclosure purposes and situations<br>
     where amosite occurs naturally and is not used for any new<br>
     application<br>
     Benzidine [92-87-5] and its salts (including benzidine<br>
     dihydrochloride [531-85-1])<br>
     bis(Chloromethyl) ether [542-88-1]<br>
     Chloromethyl methyl ether [107-30-2] (technical grade which contains<br>
     bis(chloromethyl) ether)<br>
     Chrysotile [12001-29-5] (white asbestos)—except when:<br>
          (a) used for the purpose of research or analysis, or<br>
          (b) being removed or disposed of, or being handled for<br>
          storage or stored awaiting disposal, or<br>
          (c) encountered during non-asbestos mining, or<br>
          (d) comprising or included in an item being used for the<br>
          purpose of a historical or educational display.<br>
     Crocidolite [12001-28-4] (blue asbestos)—except for removal,<br>
     disposal, maintenance, encapsulation and enclosure purposes and<br>
     situations where crocidolite occurs naturally and is not used for any<br>
     new application<br>
     4-Dimethylaminoazobenzene [60-11-7]<br>
     2-Naphthylamine [91-59-8] and its salts<br>
     4-Nitrodiphenyl [92-93-3]<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 159<br>
Supply of carcinogenic substances<br>
 <br>
 <br>
159 Supply of carcinogenic substances<br>
     (1AA) In this clause, a reference to a prohibited carcinogenic<br>
     substance includes a reference to an item that contains any form of<br>
     asbestos that is a prohibited carcinogenic substance.<br>
     (1) A person must not supply a prohibited carcinogenic substance<br>
     unless:<br>
          (a) the substance is to be used for the purpose of research<br>
          or analysis, and<br>
          (b) the person to whom the substance is to be supplied<br>
          provides evidence that WorkCover or the Department Head<br>
          (Mining), as the case requires, has been notified, in<br>
          accordance with Part 12.3, of the intention of that person<br>
          to use the same type of carcinogenic substance.<br>
     (1A) In addition, supplying chrysotile (white asbestos) does not<br>
     contravene subclause (1) if the only purpose of the supply is:<br>
          (a) so that it may be removed or disposed of, or<br>
          (b) so that it may be stored awaiting disposal, or<br>
          (c) so that it may be used for the purpose of a historical<br>
          or educational display.<br>
     (1B) Subclause (1) does not apply to a supply of chrysotile (white<br>
     asbestos) encountered during non-asbestos mining.<br>
     (2) A person must not supply a notifiable carcinogenic substance<br>
     unless the person to whom the substance is to be supplied provides<br>
     evidence that WorkCover or the Department Head (Mining), as the case<br>
     requires, has been notified, in accordance with Part 12.3, of the<br>
     intention of that person to use the same type of carcinogenic<br>
     substance.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 160<br>
Supplier to keep records of supply of carcinogenic substances<br>
 <br>
 <br>
160 Supplier to keep records of supply of carcinogenic substances<br>
     (1) A person who supplies a prohibited or notifiable carcinogenic<br>
     substance for use at work must keep a record containing the following<br>
     information:<br>
          (a) the name of the person to whom the carcinogenic<br>
          substance has been supplied,<br>
          (b) the name and quantity of the carcinogenic substance<br>
          supplied.<br>
     (2) The record must be retained for at least 5 years.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 161<br>
Application<br>
 <br>
 <br>
161 Application<br>
This Part applies to the use of hazardous substances at work.<br>
     Note: See clause 51 (Atmospheric contaminants—particular risk<br>
     control measures) for prohibition of exposure to atmospheric<br>
     contaminants above specified exposure levels.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 162<br>
Employer to obtain MSDS<br>
 <br>
 <br>
162 Employer to obtain MSDS<br>
     (1) For each hazardous substance supplied to an employer’s place of<br>
     work, the employer:<br>
          (a) must obtain from the supplier an MSDS for the substance<br>
          before or on the first occasion on which it is supplied,<br>
          and<br>
          (b) must ensure that the MSDS is readily accessible to an<br>
          employee who could be exposed to the substance, and<br>
          (c) must ensure that the MSDS is not altered, otherwise<br>
          than where it is appropriate that an overseas MSDS be<br>
          reformatted by the employer.<br>
     (2) The provisions of subclause (1) (a) and (b) do not apply to a<br>
     hazardous substance that is supplied to a retailer or retail<br>
     warehouse operator in a consumer package holding less than 30<br>
     kilograms or 30 litres of the substance, that is intended for retail<br>
     sale and that is not intended to be opened on the premises of the<br>
     retailer or operator.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 163<br>
Employer to ensure containers are labelled<br>
 <br>
 <br>
163 Employer to ensure containers are labelled<br>
     (1) An employer must ensure that a container that holds a hazardous<br>
     substance used at work, including one supplied to or produced within<br>
     the employer’s place of work, is appropriately labelled and that<br>
     the label is not removed, defaced or altered.<br>
     (2) Without limiting subclause (1), an employer must ensure that the<br>
     label:<br>
          (a) clearly identifies the hazardous substance, and<br>
          (b) provides basic health and safety information about the<br>
          substance, including any relevant risk phrases and safety<br>
          phrases.<br>
     (3) However:<br>
          (a) a container into which a hazardous substance is<br>
          decanted for use within the next 12 hours need only be<br>
          labelled with the product name and the relevant risk<br>
          phrases and safety phrases, and<br>
          (b) a container into which a hazardous substance is<br>
          decanted for immediate use need not be labelled, so long as<br>
          it is cleaned immediately after it has been emptied of the<br>
          substance.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 164<br>
Use of hazardous substances<br>
 <br>
 <br>
164 Use of hazardous substances<br>
     (1AA) In this clause, a reference to a hazardous substance includes a<br>
     reference to an item that contains any form of asbestos that is a<br>
     hazardous substance.<br>
     (1) An employer must ensure that a hazardous substance of the kind<br>
     set out in the Table to this subclause is not used for a purpose<br>
     referred to in respect of that hazardous substance. Table<br>
      ___________________________________________________________________<br>
     |___________________________________________________________________|<br>
     |___________________________________________________________________|<br>
     |                                 |All purposes, including the      |<br>
     |                                 |purpose of replacing an item     |<br>
     |                                 |including chrysotile with another|<br>
     |                                 |item including chrysotile, but   |<br>
     |                                 |not for the purpose of:(a)       |<br>
     |Asbestos in the form of          |research or analysis, or(b) being|<br>
     |chrysotile                       |removed or disposed of, or being |<br>
     |                                 |handled for storage or stored    |<br>
     |                                 |awaiting disposal, or(c) a       |<br>
     |                                 |historical or educational display|<br>
     |                                 |of an item consisting of or      |<br>
     |___________________________________________________________________|<br>
     |Asbestos in the form of          |All uses, except for the purpose |<br>
     |crocidolite, amosite, fibrous    |of sampling or analysis,         |<br>
     |anthophyllite, tremolite or      |maintenance, removal, disposal,  |<br>
     |___________________________________________________________________|<br>
     |Benzene (benzol), if the         |                                 |<br>
     |substance contains more than 1%  |Spray painting                   |<br>
     |___________________________________________________________________|<br>
     |Carbon disulphide (carbon        |Spray painting                   |<br>
     |___________________________________________________________________|<br>
     |                                 |An abrasive in abrasive blasting |<br>
     |                                 |A constituent of steel casting   |<br>
     |                                 |moulds, when sufficient          |<br>
     |                                 |quantities of suitable           |<br>
     |Crystalline silicon dioxide      |alternative non-siliceous        |<br>
     |(sand)                           |materials are available          |<br>
     |                                 |A constituent in parting powders |<br>
     |                                 |and facing powders used in       |<br>
     |                                 |foundry work                     |<br>
     |                                 |A constituent in paints used on  |<br>
     |___________________________________________________________________|<br>
     |Methanol (methyl alcohol), if the|                                 |<br>
     |substance contains more than 1%  |Spray painting                   |<br>
     |___________________________________________________________________|<br>
     |___________________________________________________________________|<br>
     |Tetrachloromethane (carbon       |Spray painting                   |<br>
     |___________________________________________________________________|<br>
     (1A) Subclause (1) does not apply to a use of chrysotile (white<br>
     asbestos) encountered during non-asbestos mining at a mining<br>
     workplace or coal workplace.<br>
     (2) An employer must not use a prohibited carcinogenic substance (as<br>
     defined in clause 158) unless:<br>
          (a) the use is for the purpose of research or analysis, and<br>
          (b) the employer has notified WorkCover or the Department<br>
          Head (Mining), as the case requires, of the intention to<br>
          use the substance in accordance with Part 12.3.<br>
     (3) An employer must not use a notifiable carcinogenic substance (as<br>
     defined in clause 158) unless the employer has notified WorkCover or<br>
     the Department Head (Mining), as the case requires, of the intention<br>
     to use the substance in accordance with Part 12.3.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 165<br>
Employer to provide health surveillance<br>
 <br>
 <br>
165 Employer to provide health surveillance<br>
     (1) An employer must provide health surveillance for each employee<br>
     who is exposed to a hazardous substance if there is a risk to the<br>
     health of the employee as a result of that exposure, and:<br>
          (a) the hazardous substance is referred to in Column 1 of<br>
          the Table to this clause, or<br>
          (b) the exposure to any other hazardous substance is such<br>
          that:<br>
               (i) an identifiable disease or other effect on<br>
               health may be related to the exposure, and<br>
               (ii) there is a reasonable likelihood that the<br>
               disease or other effect on health may occur under<br>
               the particular conditions of work, and<br>
               (iii) there is available an effective technique<br>
               for detecting indications of the disease or other<br>
               effect on health.<br>
     (2) An employer must provide biological monitoring for an employee if<br>
     there is a reasonable likelihood that the employee could be exposed<br>
     to levels of a hazardous substance that could be a risk to health and<br>
     an effective procedure for the biological monitoring of those levels<br>
     is available.<br>
     (3) The employer must ensure that:<br>
          (a) the health surveillance is performed under the<br>
          supervision of an authorised medical practitioner, and<br>
          (b) if there is a significant risk to the health of an<br>
          employee from a hazardous substance referred to in the<br>
          Table to this clause, the health surveillance includes the<br>
          carrying out of the procedures specified in Column 2 of the<br>
          Table in relation to that substance.<br>
     (4) The selection of the authorised medical practitioner to supervise<br>
     the surveillance must be undertaken by the employer after<br>
     consultation with the relevant employees.<br>
     (5) The health surveillance must be undertaken at the expense of the<br>
     employer.<br>
     Maximum penalty: Level 4.<br>
     Table<br>
      ___________________________________________________________________<br>
     |___________________________________________________________________|<br>
     |___________________________________________________________________|<br>
     |                                |Occupational and medical history  |<br>
     |Acrylonitrile                   |Demographic data                  |<br>
     |___________________________________________________________________|<br>
     |                                |Demographic, medical and          |<br>
     |                                |occupational history              |<br>
     |                                |Exposure record                   |<br>
     |Arsenic (inorganic)             |Physical examination with emphasis|<br>
     |                                |on the peripheral nervous system  |<br>
     |                                |and skin                          |<br>
     |___________________________________________________________________|<br>
     |                                |Occupational and demographic data |<br>
     |Asbestos                        |Medical interview                 |<br>
     |___________________________________________________________________|<br>
     |                                |Occupational and medical history  |<br>
     |                                |Demographic data                  |<br>
     |Benzene                         |Exposure record                   |<br>
     |                                |Baseline blood sample for         |<br>
     |___________________________________________________________________|<br>
     |                                |Demographic, medical and          |<br>
     |                                |occupational history              |<br>
     |                                |Exposure record                   |<br>
     |                                |Physical examination with emphasis|<br>
     |                                |on the respiratory system         |<br>
     |Cadmium                         |Standard respiratory questionnaire|<br>
     |                                |to be completed                   |<br>
     |                                |Standard respiratory function     |<br>
     |                                |tests including for example, FEV1,|<br>
     |                                |FVC and FEV1/FVC                  |<br>
     |                                |Urinary cadmium and β 2 -        |<br>
     |___________________________________________________________________|<br>
     |                                |Demographic, occupational and     |<br>
     |                                |medical history                   |<br>
     |Chromium (inorganic)            |Physical examination with emphasis|<br>
     |                                |on the respiratory system and skin|<br>
     |                                |Weekly skin inspection of hands   |<br>
     |___________________________________________________________________|<br>
     |                                |Demographic, occupational and     |<br>
     |                                |medical history                   |<br>
     |                                |Health advice, including          |<br>
     |                                |recognition of photosensitivity   |<br>
     |                                |and skin changes                  |<br>
     |Creosote                        |Physical examination with emphasis|<br>
     |                                |on the neurological system and    |<br>
     |                                |skin, noting any abnormal lesions |<br>
     |                                |and evidence of skin sensitisation|<br>
     |                                |Exposure record, including        |<br>
     |___________________________________________________________________|<br>
     |                                |Completion of a standardised      |<br>
     |                                |respiratory questionnaire         |<br>
     |Crystalline Silica              |Standard respiratory function     |<br>
     |                                |test, such as FEV1, FVC and FEV1/ |<br>
     |                                |FVC                               |<br>
     |___________________________________________________________________|<br>
     |                                |Occupational and medical history  |<br>
     |                                |Completion of a standardised      |<br>
     |                                |respiratory questionnaire         |<br>
     |Isocyanates                     |Physical examination of the       |<br>
     |                                |respiratory system and skin       |<br>
     |                                |Standard respiratory function     |<br>
     |                                |test, such as FEV1, FVC and FEV1/ |<br>
     |___________________________________________________________________|<br>
     |Lead (inorganic)                |Medical and occupational history  |<br>
     |___________________________________________________________________|<br>
     |                                |Demographic, medical and          |<br>
     |                                |occupational history              |<br>
     |                                |Physical examination with emphasis|<br>
     |Mercury (inorganic)             |on dermatological,                |<br>
     |                                |gastrointestinal, neurological and|<br>
     |                                |renal systems                     |<br>
     |___________________________________________________________________|<br>
     |                                |Urinary total MOCA                |<br>
     |MOCA (4,4-Methylenebis (2-      |Dipstick analysis of urine for    |<br>
     |chloroaniline))                 |haematuria                        |<br>
     |___________________________________________________________________|<br>
     |                                |Occupational and medical history  |<br>
     |                                |Physical examination              |<br>
     |                                |Baseline estimation of red cell   |<br>
     |                                |and plasma cholinesterase activity|<br>
     |Organophosphate pesticides      |levels by the Ellman or equivalent|<br>
     |                                |method                            |<br>
     |                                |Estimation of red cell and plasma |<br>
     |                                |cholinesterase activity towards   |<br>
     |___________________________________________________________________|<br>
     |                                |Demographic, occupational and     |<br>
     |                                |medical history                   |<br>
     |                                |Physical examination with emphasis|<br>
     |                                |on the skin, noting any abnormal  |<br>
     |Pentachlorophenol (PCP)         |lesions or effects of irritancy   |<br>
     |                                |Urinary total pentachlorophenol   |<br>
     |                                |Dipstick urinalysis for haematuria|<br>
     |                                |and proteinuria                   |<br>
     |___________________________________________________________________|<br>
     |                                |Exposure record, including        |<br>
     |                                |photochemical skin burns          |<br>
     |Polycyclic aromatic hydrocarbons|Demographic, medical and          |<br>
     |                                |occupational history              |<br>
     |___________________________________________________________________|<br>
     |                                |Demographic, medical and          |<br>
     |Thallium                        |occupational history              |<br>
     |                                |Physical examination              |<br>
     |___________________________________________________________________|<br>
     |Vinyl Chloride                  |Occupational and demographic data |<br>
     |___________________________________________________________________|<br>
     Note: See Part 7.6 for additional requirements for health<br>
     surveillance and biological monitoring in the case of lead risk work.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 166<br>
Medical practitioner to notify results of health surveillance<br>
 <br>
 <br>
166 Medical practitioner to notify results of health surveillance<br>
     (1) As soon as practicable after an employee undergoes health<br>
     surveillance in accordance with this Part, the medical practitioner<br>
     must ensure that:<br>
          (a) the employee is notified of the results of the<br>
          surveillance, and given any necessary explanation of those<br>
          results, and<br>
          (b) the employer is notified of the general outcome of the<br>
          surveillance, and advised on any necessary preventive or<br>
          remedial action, and<br>
          (c) WorkCover or the Department Head (Mining), as the case<br>
          requires, is notified of any adverse result detected in the<br>
          surveillance that is consistent with exposure to a<br>
          hazardous substance referred to in the Table to clause 165.<br>
          Maximum penalty: Level 3.<br>
     (2) The employer must ensure that results of health surveillance<br>
     obtained by the employer are kept confidential.<br>
          Maximum penalty (subclause (2)): Level 1.<br>
     (3) A notification of the results of health surveillance under clause<br>
     54 (4) of the Mines Inspection General Rule 2000, as in force<br>
     immediately before the commencement of this subclause, is taken to be<br>
     a notification made under this clause.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 167<br>
Employer to keep register of hazardous substances<br>
 <br>
 <br>
167 Employer to keep register of hazardous substances<br>
     (1) An employer must ensure that a register is kept and maintained<br>
     for all hazardous substances used at the employer’s place of work.<br>
     (2) The employer must ensure that the register includes:<br>
          (a) a list of all hazardous substances used at the<br>
          employer’s place of work, and<br>
          (b) the relevant MSDS (if any) for each of those hazardous<br>
          substances, and<br>
          (c) any notations required under clause 168.<br>
     (3) The employer must ensure that the register is readily accessible<br>
     to all employees who may be exposed to a hazardous substance while at<br>
     the employer’s place of work.<br>
     (3A) The employer may keep and maintain a single register both for<br>
     the purposes of this clause and for the purposes of clause 174ZW<br>
     (Employer to keep register of dangerous goods).<br>
     (4) Subclauses (1)�?3) do not apply to a hazardous substance that<br>
     is supplied to a retailer or retail warehouse operator in a consumer<br>
     package holding less than 30 kilograms or 30 litres of the hazardous<br>
     substance, that is intended for retail sale and that is not intended<br>
     to be opened on the premises of the retailer or operator.<br>
     (5) A register compiled in accordance with clause 55 (2) and (3) of<br>
     the Mines Inspection General Rule 2000, as in force immediately<br>
     before the commencement of this subclause, is taken to have been<br>
     compiled under this clause.<br>
     Maximum penalty: Level 1.<br>
     Note: A principal contractor is required by clause 228 to keep a<br>
     register of hazardous substances at a place of work at which<br>
     construction work is carried out.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 168<br>
Employer to record risk assessments<br>
 <br>
 <br>
168 Employer to record risk assessments<br>
     (1) An employer must record the results of a risk assessment relating<br>
     to the use of a hazardous substance by:<br>
          (a) making a notation in the register of hazardous<br>
          substances kept under clause 167 if no specific measures<br>
          are necessary to control the risks associated with exposure<br>
          to the hazardous substance, or<br>
          (b) preparing a report on the risk assessment if specific<br>
          measures are necessary to control the risks associated with<br>
          exposure to the hazardous substance.<br>
          Maximum penalty: Level 3.<br>
     (2) The employer must ensure that any risk assessment report prepared<br>
     in relation to a hazardous substance that is used at the employer’s<br>
     place of work is readily accessible to any employee or other person<br>
     working at the employer’s place of work who could be exposed to the<br>
     hazardous substance.<br>
          Maximum penalty (subclause (2)): Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 169<br>
Employer to keep record of employees exposed to carcinogenic substances<br>
 <br>
 <br>
169 Employer to keep record of employees exposed to carcinogenic substances<br>
An employer must keep a record in respect of each employee who has been or is<br>
likely to be exposed to a prohibited or notifiable carcinogenic substance (as<br>
defined in clause 158), including the following details:<br>
     (a) the full name and date of birth of the employee,<br>
     (b) the address of the employee while employed by the employer.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 170<br>
Employer to provide statement to employees exposed to carcinogenic substances<br>
 <br>
 <br>
170 Employer to provide statement to employees exposed to carcinogenic<br>
substances<br>
     (1) An employer must provide an employee who has been or is likely to<br>
     have been exposed to a prohibited or notifiable carcinogenic<br>
     substance (as defined in clause 158), on the termination of the<br>
     employee’s employment, with a written statement that includes the<br>
     following:<br>
          (a) the name of the carcinogenic substance or substances<br>
          involved,<br>
          (b) the period of exposure or potential exposure,<br>
          (c) details of how and where records of the exposure or<br>
          potential exposure can be obtained,<br>
          (d) a recommendation as to the advisability of having<br>
          periodic health assessments and details of the types of<br>
          health tests that are relevant in the circumstances.<br>
          Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 171<br>
Employer to retain certain material as record<br>
 <br>
 <br>
171 Employer to retain certain material as record<br>
     (1) An employer must retain the following, as a record, in a suitable<br>
     form for the periods specified:<br>
          (a) all risk assessment reports indicating a need for<br>
          atmospheric monitoring or health surveillance, and records<br>
          of the results of any atmospheric monitoring or health<br>
          surveillance—for at least 30 years after the date of the<br>
          last entry in them,<br>
          (b) a record of all induction or other training required by<br>
          clause 13 to be provided to employees who are likely to be<br>
          exposed to a hazardous substance at the employer’s place<br>
          of work—for at least 5 years after the date of creation<br>
          of the record,<br>
          (c) all records required to be kept under clause 169—for<br>
          at least 30 years after the date of the last entry in them,<br>
          (d) a copy of each notification to WorkCover or the<br>
          Department Head (Mining) by an employer of an intention to<br>
          carry out work that involves the use of a carcinogenic<br>
          substance or lead risk work, as required by Part 12.3—for<br>
          at least 30 years after the date on which the notification<br>
          is given,<br>
          (e) all risk assessment reports indicating that atmospheric<br>
          monitoring or health surveillance is not required—for at<br>
          least 5 years after the date of the last entry in them,<br>
          (f) all records required to be kept under clause 203 (4)<br>
          (as to an employee ceasing to carry out lead risk<br>
          work)—for at least 5 years after the date of the last<br>
          entry in them.<br>
     (2) If the employer ceases to carry on business in New South Wales,<br>
     the employer must offer the records referred to in subclause (1) (a):<br>
          (a) to WorkCover, in relation to atmospheric monitoring or<br>
          health surveillance at places of work that are not mining<br>
          workplaces or coal workplaces, or<br>
          (b) to the Department Head (Mining), in relation to<br>
          atmospheric monitoring or health surveillance at places of<br>
          work that are mining workplaces or coal workplaces.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 172<br>
Medical practitioner to retain records<br>
 <br>
 <br>
172 Medical practitioner to retain records<br>
     (1) A medical practitioner must ensure that medical records obtained<br>
     as a result of health surveillance for an employee are retained as<br>
     confidential records and, if the medical practitioner has examined or<br>
     treated the employee for any other purpose, that the records are<br>
     clearly identified as being for the purpose of health surveillance<br>
     under this Regulation.<br>
     (2) The medical practitioner must ensure that the informed consent of<br>
     the employee is obtained, in writing, before any medical records that<br>
     have been obtained as a result of health surveillance, and that<br>
     identify the employee, are provided to any person who is not bound to<br>
     observe principles of professional confidentiality.<br>
     (3) If the medical practitioner ceases to practise in New South<br>
     Wales, the medical practitioner must offer the records:<br>
          (a) to WorkCover, in relation to records of health<br>
          surveillance of persons employed at places of work that are<br>
          not mining workplaces or coal workplaces, or<br>
          (b) to the Department Head (Mining), in relation to records<br>
          of health surveillance of persons employed at places of<br>
          work that are mining workplaces or coal workplaces.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 173<br>
Employer to identify hazardous substances in enclosed systems<br>
 <br>
 <br>
173 Employer to identify hazardous substances in enclosed systems<br>
An employer must ensure that the identity of any hazardous substance contained<br>
in an enclosed system at the employer’s place of work (such as a pipe or<br>
piping system, or a process or reactor vessel) is notified to a person who<br>
could be exposed to the substance.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174<br>
Employer to provide information<br>
 <br>
 <br>
174 Employer to provide information<br>
An employer must ensure that all records on hazardous substances that are<br>
required to be kept by this Regulation are kept at the employer’s place of<br>
work and are made available on request to any of the following:<br>
     (a) to WorkCover, in relation to records relating to places of work<br>
     that are not mining workplaces or coal workplaces,<br>
     (b) to the Department Head (Mining), in relation to records relating<br>
     to places of work that are mining workplaces or coal workplaces,<br>
     (c) to any emergency services.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Chapter 6AChapter 5 (Plant) of this Regulation, at clauses 87 and 101,<br>
also contains provisions that require designers and manufactures of plant to<br>
have regard to the risks posed by dangerous goods.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174A<br>
Meaning of “dangerous goods�?<br>
 <br>
 <br>
174A Meaning of “dangerous goods�?<br>
In this Chapter, "dangerous goods" means the following (whether or not they are<br>
packaged for transport or under pressure):<br>
     (a) substances or articles that under the ADG Code are listed or<br>
     described as:<br>
          (i) dangerous goods of Class 2, 3, 4, 5, 6.1, 8 or 9, or<br>
          (ii) goods too dangerous to be transported,<br>
     (b) C1 combustible liquids.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174B<br>
Definitions<br>
 <br>
 <br>
174B Definitions<br>
     (1) In this Chapter:<br>
     "AS 1940" means AS 1940�?004, The storage and handling of flammable<br>
     and combustible liquids.<br>
     "bulk" means:<br>
          (a) a quantity of dangerous goods in a container that has a<br>
          capacity greater than the maximum container size specified<br>
          for packaged dangerous goods of that type, or<br>
          (b) solid dangerous goods that are not in a container in an<br>
          undivided quantity exceeding 400 kg.<br>
     "Class" means the Class allocated to dangerous goods under the ADG<br>
     Code.<br>
     "Class label", for a Class, means the label specified in the ADG Code<br>
     for the Class of dangerous goods.<br>
     "C1 combustible liquid" means a combustible liquid within the meaning<br>
     of AS 1940 that has a flashpoint of greater than 60.5 degrees Celsius<br>
     but not greater than 150 degrees Celsius.<br>
     "compatible", in relation to 2 or more substances, means that if the<br>
     substances interact with, or react to, each other, they will not<br>
     cause, or substantially increase the likelihood of, a serious<br>
     incident (within the meaning of section 87 of the Act).<br>
     "container" means anything in or by which dangerous goods are or have<br>
     been wholly or partly encased, covered, enclosed, contained or packed<br>
     (whether empty, partially full or completely full) and includes any<br>
     components or materials necessary for the container to perform its<br>
     containment function.<br>
     "corresponding legislation" means the legislation of the Commonwealth<br>
     or another State or Territory that assigns a UN Number, Class,<br>
     Subsidiary Risk and Packing Group to dangerous goods for their<br>
     transport by road, rail, air or sea.<br>
     "dangerous goods in transit" means dangerous goods at premises that:<br>
          (a) are part of a transport load that is in compliance with<br>
          the relevant transport code, and<br>
          (b) are loaded on a vehicle, vessel or aircraft or being<br>
          transhipped from one vehicle, vessel or aircraft to<br>
          another, and<br>
          (c) are not intended to be at the premises for more than 5<br>
          consecutive days (not including public holidays) and have<br>
          not been at the premises for more than 5 consecutive days<br>
          (not including public holidays), and<br>
          (d) are not intended to be consumed or processed at the<br>
          premises and have not been consumed or processed at the<br>
          premises, and<br>
          (e) are not intended for sale at the premises.<br>
     "fire risk dangerous goods" means dangerous goods of Class 2.1, 3, 4<br>
     or 5 or Subsidiary Risk 2.1, 3, 4 or 5, and C1 combustible liquids,<br>
     that burn readily or support combustion.<br>
     "food" includes:<br>
          (a) a substance prepared or intended or represented as<br>
          being for human consumption, and<br>
          (b) a substance intended to be an ingredient of, or<br>
          additive to, a substance referred to in paragraph (a).<br>
     "food packaging" means:<br>
          (a) a container that contains, or is designed or intended<br>
          to contain, food, or<br>
          (b) material designed or intended to be used in such a<br>
          container.<br>
     "free from dangerous goods", in relation to an empty container, means<br>
     if the container last held:<br>
          (a) a gas or volatile liquid—the concentration of gas or<br>
          vapour in the atmosphere of the container is less than the<br>
          concentration listed in the document entitled Adopted<br>
          National Exposure Standards for Atmospheric Contaminants in<br>
          the Occupational Environment [NOHSC: 1003 (1995)] published<br>
          by the NOHS Commission, as in force from time to time, or<br>
          (b) dangerous goods of Class 2.1, Class 3 or Subsidiary<br>
          Risk 2.1 or 3—the concentration of those goods or their<br>
          vapours in the atmosphere of the container is less than 5<br>
          per cent of the LEL (lower explosive limit) for the goods<br>
          when sampled at ambient temperature, or<br>
          (c) a non-volatile liquid or solid—the container has been<br>
          thoroughly cleaned.<br>
     "goods too dangerous to be transported" has the same meaning as in<br>
     the ADG Code.<br>
     "handling" has the same meaning as in section 135A of the Act.<br>
     "hazardous area" means an area or space in which the atmosphere<br>
     contains or may be reasonably be expected to contain any material or<br>
     substance (including, but not limited to, combustible dusts,<br>
     combustible fibres, flammable vapours, flammable liquids, flammable<br>
     gases, flammable or combustible fumes) at a concentration that is<br>
     capable of being ignited by an ignition source.<br>
     "ignition source" means any source of energy sufficient to ignite<br>
     combustible dusts, combustible fibres, flammable vapours, flammable<br>
     gases or flammable or combustible fumes and includes the following:<br>
          (a) a naked flame,<br>
          (b) exposed incandescent material,<br>
          (c) hot surfaces,<br>
          (d) radiant heat,<br>
          (e) a spark from mechanical friction,<br>
          (f) a spark from static electricity,<br>
          (g) an electrical arc,<br>
          (h) any electrical, electronic, mechanical or other<br>
          equipment.<br>
     "incident involving dangerous goods" means an incident within the<br>
     meaning of section 86 of the Act (whether or not it occurs at a place<br>
     of work) that involves dangerous goods.<br>
     "intermediate bulk container" or "IBC" means a rigid or flexible<br>
     portable packaging for the transport of dangerous goods that:<br>
          (a) has a capacity of not more than:<br>
               (i) for solids of Packing Group I packed in a<br>
               composite, fibreboard, flexible, wooden or rigid<br>
               plastics container�?,500 L, or<br>
               (ii) for solids of Packing Group I packed in a<br>
               metal container�?,000 L, or<br>
               (iii) for solids or liquids of Packing Groups II<br>
               and III�?,000 L, and<br>
          (b) is designed for mechanical handling, and<br>
          (c) is resistant to the stresses produced in usual handling<br>
          and transport as determined by tests under the ADG Code.<br>
     "MSDS" means a material safety data sheet prepared in accordance with<br>
     clause 174J.<br>
     "package" means the complete product of the packing of dangerous<br>
     goods, and consists of the goods and their packaging.<br>
     "packaged dangerous goods" means:<br>
          (a) Class 2 dangerous goods that are in a container with a<br>
          capacity of not more than 500 L, or<br>
          (b) goods too dangerous to be transported or dangerous<br>
          goods of a Class other than Class 2 that are in a container<br>
          with:<br>
               (i) a capacity of not more than 450 L, and<br>
               (ii) a net mass of not more than 400 kg, or<br>
          (c) C1 combustible liquids in a container with a capacity<br>
          of not more than 450 L.<br>
     "Packing Group" means the packing group assigned to dangerous goods<br>
     under the ADG Code.<br>
     "pipework" means a pipe or an assembly of pipes, pipe fittings,<br>
     valves and pipe accessories used to convey dangerous goods.<br>
     "pool chlorine" means dangerous goods of Class 5.1, being calcium<br>
     hypochlorite, sodium dichloroisocyanurate, sodium<br>
     trichloroisocyanurate, potassium dichloroisocyanurate,<br>
     dichloroisocyanuric acid, trichloroisocyanuric acid and other<br>
     oxidising agents, in solid form, used for chlorinating water.<br>
     "proper shipping name" has the same meaning as in the ADG Code.<br>
     "relevant transport code", in relation to dangerous goods in transit,<br>
     means the ADG Code, the International Civil Aviation Organization’s<br>
     Technical Instructions for the Safe Transport of Dangerous Goods by<br>
     Air, the International Maritime Organization’s International<br>
     Maritime Dangerous Goods Code or the International Air Transport<br>
     Association’s IATA Dangerous Goods Regulations as appropriate.<br>
     "serious incident" has the same meaning as in section 87 (1) of the<br>
     Act.<br>
     "storage location" means any place or area where one type of<br>
     dangerous goods or compatible dangerous goods are kept either in bulk<br>
     or in a quantity exceeding the relevant quantity specified in the<br>
     column headed “Placarding quantity�? in the Table to Schedule 5<br>
     (and includes a building, structure, room, compartment, tank or other<br>
     bulk container, store or receptacle in or on which dangerous goods<br>
     are stored or handled either in bulk or in a quantity exceeding the<br>
     relevant quantity specified in the column headed “Placarding<br>
     quantity�? in the Table to Schedule 5).<br>
     "storing" has the same meaning as in section 135A of the Act.<br>
     "Subsidiary Risk" has the same meaning as in the ADG Code.<br>
     "tank" means a container, other than an IBC, that is used or designed<br>
     to be used to transport, store or handle dangerous goods in the form<br>
     of a gas or a liquid in bulk and includes fittings, closures and any<br>
     other equipment that forms part of the container.<br>
     "UN Number" or "UN" followed by a number, in relation to dangerous<br>
     goods, means either of the following:<br>
          (a) the substance identification serial number shown in<br>
          Appendices 1 and 2 of the ADG Code in relation to those<br>
          goods,<br>
          (b) the number assigned to the goods by the United Nations<br>
          Committee of Experts on the Transport of Dangerous goods in<br>
          the document entitled Recommendations on the Transport of<br>
          Dangerous Goods published by the United Nations from time<br>
          to time.<br>
     "water capacity", of a container, means the total internal volume of<br>
     the container in litres of water measured at a temperature of 15<br>
     degrees Celsius.<br>
     (2) In this Chapter, a reference to litres in relation to dangerous<br>
     goods of Class 2 means the water capacity of the container that holds<br>
     those dangerous goods.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174C<br>
Dangerous goods to which section 135A of the Act applies<br>
 <br>
 <br>
174C Dangerous goods to which section 135A of the Act applies<br>
     (1) For the purposes of this Chapter, dangerous goods within the<br>
     meaning of clause 174A are declared to be dangerous goods to which<br>
     section 135A of the Act applies.<br>
     (2) However, for the purposes of Parts 6A.2�?A.4 of this Chapter<br>
     and despite subclause (1), the following dangerous goods are not<br>
     dangerous goods to which section 135A of the Act applies at premises<br>
     that are not places of work unless the quantity of the goods at those<br>
     premises exceeds any minimum quantity set out in relation to the<br>
     goods in the Table to this clause.<br>
     (3) In the Table to this clause, "kg or L" means, where this<br>
     combination of letters immediately follows numbers, the combined<br>
     total of:<br>
          (a) the number of kilograms of non-liquid dangerous goods,<br>
          and<br>
          (b) the number of litres of liquid dangerous goods.<br>
     Table<br>
      __________________________________________________________________<br>
     |__________________________________________________________________|<br>
     |Liquified Petroleum Gas (LP Gas) (being    |500 L (water capacity)|<br>
     |__________________________________________________________________|<br>
     |Dangerous goods of Class 2.1 (other than   |200 L (water capacity)|<br>
     |__________________________________________________________________|<br>
     |__________________________________________________________________|<br>
     |     Note: Dangerous goods of Class        |                      |<br>
     |     2.3 are not covered by this table     |                      |<br>
     |     and therefore are dangerous goods     |                      |<br>
     |     to which section 135A of the Act      |                      |<br>
     |     applies at all premises (whether      |                      |<br>
     |__________________________________________________________________|<br>
     |__________________________________________________________________|<br>
     |__________________________________________________________________|<br>
     |Sodium Hypochlorite designated by UN Number|100 L                 |<br>
     |__________________________________________________________________|<br>
     |__________________________________________________________________|<br>
     |__________________________________________________________________|<br>
     |__________________________________________________________________|<br>
     |Any dangerous goods other than those       |                      |<br>
     |specified above (not including dangerous   |100 kg or L           |<br>
     |__________________________________________________________________|<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174D<br>
Application of Chapter<br>
 <br>
 <br>
174D Application of Chapter<br>
This Chapter applies to:<br>
     (a) all dangerous goods at places of work, and<br>
     (b) dangerous goods to which section 135A of the Act applies<br>
     (regardless of whether those goods are at a place of work or are for<br>
     use at work).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174E<br>
Non-application of Chapter<br>
 <br>
 <br>
174E Non-application of Chapter<br>
     (1) This Chapter does not apply to the following:<br>
          (a) the transport of dangerous goods by road, rail, sea or<br>
          air, or any associated activity or matter, to the extent to<br>
          which it is regulated by the following:<br>
               (i) the Road and Rail Transport (Dangerous Goods)<br>
               Act 1997 or any regulation made under that Act,<br>
               (ii) the International Civil Aviation<br>
               Organization’s Technical Instructions for the<br>
               Safe Transport of Dangerous Goods by Air,<br>
               (iii) the International Maritime Organization’s<br>
               International Maritime Dangerous Goods Code,<br>
               (iv) the International Air Transport<br>
               Association’s IATA Dangerous Goods Regulations,<br>
          (b) dangerous goods that form part of batteries that are<br>
          incorporated into plant,<br>
          (c) dangerous goods in a fuel container that is fitted to a<br>
          vehicle, vessel or aircraft, or used in or consumed by a<br>
          vehicle, vessel, aircraft, mobile plant, appliance or other<br>
          device, where the goods are necessary for its propulsion or<br>
          are part of, or necessary for the operation of, its<br>
          equipment or accessories (but not dangerous goods being<br>
          stored in a spare fuel or goods container),<br>
          (d) dangerous goods in a fuel container of a domestic,<br>
          portable or transportable fuel burning appliance,<br>
          (e) dangerous goods that form part of the refrigeration<br>
          system of refrigerated freight containers,<br>
          (f) dangerous goods in portable fire fighting equipment<br>
          (such as fire extinguishers), portable safety equipment and<br>
          portable medical equipment at premises for use at the<br>
          premises,<br>
          (g) dangerous goods of Class 2.2 in portable gas cylinders<br>
          that are used or intended to be used for medical purposes,<br>
          (h) compressed gas in pneumatic tyres,<br>
          (i) potable liquids in consumer packages at retail premises<br>
          (for example, bottled alcoholic spirits at bottle shops),<br>
          (j) naturally occurring gas in the underground parts of a<br>
          mining workplace or a coal workplace.<br>
     (2) This Chapter does not apply to the following substances if their<br>
     use is not related to a work activity:<br>
          (a) food,<br>
          (b) therapeutic agents,<br>
          (c) cosmetics,<br>
          (d) tobacco and tobacco products,<br>
          (e) toiletries and toilet products.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Part 6A.2See clause 7 (2) as to the extent of a manufacturer’s duties<br>
under this Part.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174F<br>
Application—importers to ensure manufacturers�?responsibilities are met<br>
 <br>
 <br>
174F Application—importers to ensure manufacturers�?responsibilities are<br>
met<br>
A person who imports dangerous goods manufactured outside New South Wales for<br>
supply to others or for the person’s own use must ensure that the<br>
responsibilities of a manufacturer under this Part are met in relation to those<br>
goods.<br>
     Note: Importing from outside New South Wales includes importing from<br>
     another State or Territory of Australia.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174G<br>
Manufacturer to identify dangerous goods<br>
 <br>
 <br>
174G Manufacturer to identify dangerous goods<br>
     (1) A manufacturer of goods must, before the goods are handled or<br>
     supplied to another person, determine in accordance with the ADG<br>
     Code, or in the case of goods that are combustible liquids, in<br>
     accordance with AS 1940, whether the goods are dangerous goods.<br>
          Maximum penalty: Level 4.<br>
     (2) If a manufacturer determines that goods are dangerous goods, the<br>
     manufacturer:<br>
          (a) must determine in accordance with the ADG Code whether<br>
          the goods are goods too dangerous to be transported, and<br>
          (b) must:<br>
               (i) in the case of combustible liquids—assign a<br>
               classification under AS 1940 to the liquids, or<br>
               (ii) in relation to all other dangerous<br>
               goods—assign to the goods the appropriate UN<br>
               Number, Class, Subsidiary Risk and Packing Group<br>
               under the ADG Code.<br>
          Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174H<br>
Packing and labelling by manufacturer<br>
 <br>
 <br>
174H Packing and labelling by manufacturer<br>
     (1) A manufacturer of dangerous goods who assigns a UN Number, Class,<br>
     Subsidiary Risk and Packing Group to those goods, before the goods<br>
     are supplied to another person, must ensure that the provisions of<br>
     the ADG Code are complied with in relation to the condition of the<br>
     goods and:<br>
          (a) in relation to dangerous goods in bulk—the container<br>
          and placarding for the goods, and<br>
          (b) in relation to all other dangerous goods—the packing<br>
          and package labelling for the goods.<br>
          Maximum penalty: Level 4.<br>
     (2) A manufacturer of C1 combustible liquids or goods too dangerous<br>
     to be transported, before the liquids or goods are supplied to<br>
     another person, must ensure that the liquids or goods are packed in<br>
     packaging that is:<br>
          (a) of a type and in a condition that will retain the<br>
          liquids or goods and will not react adversely with the<br>
          liquids or goods, and<br>
          (b) clearly labelled with the product name of the liquids<br>
          or goods.<br>
          Maximum penalty: Level 4.<br>
     (3) A manufacturer of dangerous goods complies with subclause (1) or<br>
     (2) if the dangerous goods are:<br>
          (a) in relation to dangerous goods in bulk—contained in<br>
          containers, and are placarded, in accordance with<br>
          corresponding legislation, and<br>
          (b) in relation to all other dangerous goods—packed, or<br>
          the packages are labelled, in accordance with corresponding<br>
          legislation.<br>
     (4) Subclause (2) does not apply to C1 combustible liquids or goods<br>
     too dangerous to be transported that are supplied in bulk.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174I<br>
Restrictions on supply<br>
 <br>
 <br>
174I Restrictions on supply<br>
     (1) A person (other than the manufacturer of the dangerous goods) who<br>
     supplies dangerous goods to another person must, before the goods are<br>
     supplied to the other person, ensure that the provisions of the ADG<br>
     Code are complied with in relation to the condition of the goods,<br>
     and:<br>
          (a) in relation to dangerous goods in bulk—the container<br>
          and placarding for the goods, and<br>
          (b) in relation to all other dangerous goods—the packing<br>
          and package labelling for the goods.<br>
          Maximum penalty: Level 4.<br>
     (2) A person (other than the manufacturer of the combustible liquids<br>
     or goods too dangerous to be transported) who supplies C1 combustible<br>
     liquids or goods too dangerous to be transported to another person<br>
     must, before the liquids or goods are supplied to the other person,<br>
     ensure that the liquids or goods are packed in packaging that is:<br>
          (a) of a type and in a condition that will retain the<br>
          liquids or goods and will not react adversely with the<br>
          liquids or goods, and<br>
          (b) clearly labelled with the product name of the liquids<br>
          or goods.<br>
          Maximum penalty: Level 4.<br>
     (3) A supplier of dangerous goods complies with subclause (1) or (2)<br>
     if the dangerous goods are:<br>
          (a) in relation to dangerous goods in bulk—contained in<br>
          containers, and are placarded, in accordance with<br>
          corresponding legislation, and<br>
          (b) in relation to all other dangerous goods—packed, or<br>
          the packages are labelled, in accordance with corresponding<br>
          legislation.<br>
     (4) Subclauses (1) and (2) do not apply to a retailer who supplies<br>
     dangerous goods in a container provided by the purchaser, but only<br>
     if:<br>
          (a) the capacity of the container does not exceed 30 kg or<br>
          30 L, and<br>
          (b) the retailer:<br>
               (i) in relation to dangerous goods of Class<br>
               2—has ensured that the container is a package<br>
               that meets the requirements of the ADG Code that<br>
               relate to packages for the goods, and<br>
               (ii) in relation to all other dangerous<br>
               goods—has taken all reasonable steps to ensure<br>
               that the container:<br>
                    (A) is of a type and in a condition<br>
                    that will retain the goods and will not<br>
                    react adversely with the goods, and<br>
                    (B) is clearly marked with the product<br>
                    name of the goods, and<br>
                    (C) is not a container that could be<br>
                    mistaken for or confused with one that<br>
                    is used for food.<br>
     (5) Subclause (2) does not apply to C1 combustible liquids or goods<br>
     too dangerous to be transported that are supplied in bulk.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174J<br>
Manufacturer to prepare material safety data sheet<br>
 <br>
 <br>
174J Manufacturer to prepare material safety data sheet<br>
     (1) A manufacturer of dangerous goods must prepare a material safety<br>
     data sheet ( "MSDS") for the dangerous goods before the dangerous<br>
     goods are supplied to another person.<br>
          Maximum penalty: Level 4.<br>
     (2) The MSDS must:<br>
          (a) be in English, and<br>
          (b) contain the date on which it was last reviewed or, if<br>
          it has not been reviewed, the date of its preparation, and<br>
          (c) clearly identify the dangerous goods to which it<br>
          relates, and<br>
          (d) set out the following information in relation to the<br>
          dangerous goods to which it relates:<br>
               (i) their recommended uses,<br>
               (ii) their chemical and physical properties,<br>
               (iii) any relevant health-hazard or physical-<br>
               hazard information,<br>
               (iv) information concerning the precautions to be<br>
               followed in relation to their safe storage and<br>
               handling,<br>
               (v) if applicable, the proper shipping name, UN<br>
               Number, Class, Subsidiary Risk and Packing Group,<br>
               (vi) in the case of goods too dangerous to be<br>
               transported, the name of the goods as specified<br>
               in Appendix 5 to the ADG Code,<br>
               (vii) in the case of C1 combustible liquids, the<br>
               appropriate classification under AS 1940, and<br>
          (e) set out the name, and Australian address and telephone<br>
          numbers (including an emergency number), of the<br>
          manufacturer.<br>
     (3) The manufacturer must review and revise the MSDS as often as is<br>
     reasonably necessary to keep it up to date and, in any event, at<br>
     intervals not exceeding 5 years.<br>
          Maximum penalty: Level 4.<br>
     (4) If the dangerous goods manufactured by a manufacturer are also a<br>
     hazardous substance, the MSDS prepared for the dangerous goods for<br>
     the purposes of this clause:<br>
          (a) may be a single MSDS that complies with both clause 150<br>
          and this clause if it is prepared before 1 September 2006,<br>
          or<br>
          (b) must be a single MSDS that complies with both clause<br>
          150 and this clause if it is prepared on or after 1<br>
          September 2006.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174K<br>
Manufacturer to provide MSDS<br>
 <br>
 <br>
174K Manufacturer to provide MSDS<br>
     (1) A manufacturer of dangerous goods must provide a copy of a<br>
     current MSDS for the dangerous goods:<br>
          (a) to any person who supplies the dangerous goods for use,<br>
          and<br>
          (b) to any person who claims to be associated with the<br>
          handling or storage of the dangerous goods and who asks to<br>
          be provided with a copy of the MSDS, and<br>
          (c) to any medical practitioner or health practitioner who<br>
          requires it for the purpose of providing emergency medical<br>
          treatment.<br>
          Maximum penalty: Level 3.<br>
     (2) This clause commences on 1 September 2006.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174L<br>
Manufacturer to disclose ingredients to medical practitioner<br>
 <br>
 <br>
174L Manufacturer to disclose ingredients to medical practitioner<br>
     (1) If an MSDS or label does not disclose the chemical name of an<br>
     ingredient of dangerous goods, the manufacturer of the dangerous<br>
     goods must disclose the chemical identity of the ingredient to any<br>
     medical practitioner or health practitioner who applies to the<br>
     manufacturer for the disclosure of that information for the purpose<br>
     of the management of the practitioner’s patient.<br>
     (2) The manufacturer must immediately respond to the application but,<br>
     on or after supplying any information, may require the medical<br>
     practitioner or health practitioner concerned to sign a written<br>
     undertaking that he or she will use the information only for the<br>
     purpose for which it has been provided.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174M<br>
Supplier to provide MSDS<br>
 <br>
 <br>
174M Supplier to provide MSDS<br>
     (1) A person who supplies dangerous goods must ensure that a current<br>
     MSDS in relation to the goods prepared by the manufacturer is<br>
     provided:<br>
          (a) on the first occasion the dangerous goods are supplied,<br>
          and<br>
          (b) on the first occasion the dangerous goods are supplied<br>
          following a revision of the MSDS, and<br>
          (c) at any other time, to any person who claims to be<br>
          associated with the storage or handling of the dangerous<br>
          goods and who asks to be provided with a copy of the MSDS,<br>
          and<br>
          (d) to any medical practitioner or health practitioner who<br>
          requires it for the purpose of providing emergency medical<br>
          treatment.<br>
          Maximum penalty: Level 4.<br>
     (2) Subclause (1) (a) and (b) do not apply to a supplier who is a<br>
     retailer if:<br>
          (a) the dangerous goods are packaged dangerous goods<br>
          supplied in a consumer package with a capacity that does<br>
          not exceed 30 kg or 30 L, or<br>
          (b) the dangerous goods are supplied in a container<br>
          provided by the purchaser with a capacity that does not<br>
          exceed 30 kg or 30 L, or<br>
          (c) the retailer is supplying fuel to the fuel tank of a<br>
          vehicle, vessel or aircraft.<br>
     (3) This clause commences on 1 September 2006.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174N<br>
Definitions<br>
 <br>
 <br>
174N Definitions<br>
In this Part:<br>
"controller of dangerous goods premises" means the controller of premises at or<br>
in which dangerous goods to which section 135A of the Act applies are stored or<br>
handled.<br>
"controller of premises" includes:<br>
     (a) a person who has only limited control of the premises concerned,<br>
     and<br>
     (b) a person who has, under any contract or lease, an obligation to<br>
     maintain or repair the premises concerned.<br>
"occupier" means the following:<br>
     (a) if dangerous goods are stored or handled at an employer’s place<br>
     of work—the employer,<br>
     (b) a controller of dangerous goods premises.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174O<br>
Duties in relation to dangerous goods<br>
 <br>
 <br>
174O Duties in relation to dangerous goods<br>
     (1) An occupier must ensure that all persons (including members of<br>
     the public) are not exposed to risks to their health and safety<br>
     arising from dangerous goods at the occupier’s premises.<br>
          Maximum penalty: Level 4.<br>
          Note: Other general laws and specific legislation may<br>
          provide that occupiers have obligations with regard to<br>
          dangerous goods that relate to risks to property or the<br>
          environment, both inside and beyond the premises of the<br>
          occupier, arising from those goods.<br>
     (2) Nothing in this clause is to be construed:<br>
          (a) as conferring a right of action in any civil<br>
          proceedings in respect of any contravention, whether by act<br>
          or omission, of this clause, or<br>
          (b) as conferring a defence to an action in any civil<br>
          proceedings or as otherwise affecting a right of action in<br>
          any civil proceedings.<br>
     Note: Section 10 (2) of the Act provides that person who has control<br>
     of any plant or substance used by people at work must ensure that the<br>
     plant or substance is safe and without risks to health when properly<br>
     used.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174P<br>
Extension of hazard identification and risk assessment provisions<br>
 <br>
 <br>
174P Extension of hazard identification and risk assessment provisions<br>
     (1) Division 1 (General duties of controllers of premises) of Part<br>
     4.2 of Chapter 4 of this Regulation extends to controllers of<br>
     dangerous goods premises (regardless of whether or not the premises<br>
     are a place of work or are used for work).<br>
     (2) A reference in Chapter 2 (Places of work—risk management and<br>
     other matters) and Division 1 (General duties of controllers of<br>
     premises) of Part 4.2 of Chapter 4 of this Regulation to occupational<br>
     health and safety (however expressed) includes, where the hazard<br>
     concerned is a hazard that arises from dangerous goods, a reference<br>
     to public health and safety.<br>
     (3) For the avoidance of doubt:<br>
          (a) when complying with clause 11 or 36, an occupier, when<br>
          considering how to control a risk associated with the<br>
          storage and handling of dangerous goods (where it is not<br>
          reasonably practicable to eliminate the risk), must control<br>
          the risk by taking the measures set out in clause 5, and<br>
          (b) clauses 6 and 8 apply in relation to duties and<br>
          responsibilities of occupiers and other persons at<br>
          dangerous goods premises that are not places of work.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174Q<br>
Risk assessment<br>
 <br>
 <br>
174Q Risk assessment<br>
     (1) An occupier must review each risk assessment conducted for the<br>
     purposes of clause 10 or 35 at the times required by clause 12 or 37,<br>
     but in any case each risk assessment must be reviewed at least once<br>
     every 5 years.<br>
     (2) The occupier must:<br>
          (a) if the occupier is an employer, make a record of each<br>
          risk assessment and any review of a risk assessment by:<br>
               (i) making a notation in the register of<br>
               dangerous goods kept under clause 174ZW if no<br>
               specific measures are necessary to control the<br>
               risks associated with the storage or handling of<br>
               dangerous goods, or<br>
               (ii) preparing a report on the risk assessment if<br>
               specific measures are necessary to control the<br>
               risks associated with the storage or handling of<br>
               the dangerous goods, and<br>
          (b) if the occupier is not an employer, make a record of<br>
          each risk assessment and any review of a risk assessment,<br>
          and<br>
          (c) keep a copy of that record while the risk assessment is<br>
          current or being reviewed.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174R<br>
Stability of dangerous goods<br>
 <br>
 <br>
174R Stability of dangerous goods<br>
     (1) An occupier must ensure, so far as is reasonably practicable,<br>
     that the dangerous goods at the occupier’s premises do not<br>
     inadvertently become unstable, decompose or change so as to:<br>
          (a) create a hazard that is different from the hazard<br>
          originally created by the dangerous goods, or<br>
          (b) increase the risk associated with the dangerous goods.<br>
          Maximum penalty: Level 4.<br>
     (2) Without limiting subclause (1), the occupier must ensure that:<br>
          (a) if the stability of the dangerous goods is dependent on<br>
          the maintenance of levels of stabilisers, those levels are<br>
          maintained as specified by the manufacturer of the<br>
          dangerous goods, and<br>
          (b) if the dangerous goods are required to be stored or<br>
          handled with a particular temperature range specified by<br>
          the manufacturer, they are stored or handled within that<br>
          temperature range.<br>
     (3) Subclause (2) does not apply in relation to dangerous goods that<br>
     are about to be used in a manufacturing process.<br>
     (4) In this clause, "stabiliser" means any substance (including any<br>
     diluent, inhibitor, desensitiser, phlegmatizer, solvent, wetting<br>
     agent or adulterant) added to, or present in, dangerous goods that<br>
     overcomes the chemical instability inherent in the dangerous goods.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174S<br>
Separation of dangerous goods<br>
 <br>
 <br>
174S Separation of dangerous goods<br>
     (1) Without affecting the generality of clauses 11 and 36, an<br>
     occupier must ensure that the risk to other dangerous goods storage<br>
     or handling areas and to persons and property at or beyond the<br>
     premises that arises from an incident involving dangerous goods:<br>
          (a) is eliminated, or<br>
          (b) if it is not reasonably practicable to eliminate the<br>
          risk, is controlled so far as is reasonably practicable by<br>
          separation.<br>
          Maximum penalty: Level 4.<br>
     (2) In this clause, "separation", in relation to the separation of<br>
     dangerous goods from a person, property or thing, means the physical<br>
     separation of the dangerous goods from the person, property or thing,<br>
     by either distance or a physical barrier.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174T<br>
Preventing interaction with other substances<br>
 <br>
 <br>
174T Preventing interaction with other substances<br>
An occupier must ensure that dangerous goods on the occupier’s premises that<br>
are not compatible with other substances (including other dangerous goods) are<br>
stored or handled separately from the other substances so that a loss of<br>
containment or any other interaction cannot cause a serious incident.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174U<br>
Ignition sources in hazardous areas<br>
 <br>
 <br>
174U Ignition sources in hazardous areas<br>
     (1) An occupier must ensure that ignition sources in any hazardous<br>
     area within the occupier’s premises:<br>
          (a) are eliminated, or<br>
          (b) if it is not reasonably practicable to eliminate those<br>
          ignition sources, the risk arising from those sources is<br>
          controlled.<br>
          Maximum penalty: Level 4.<br>
     (2) An occupier must identify any hazardous area that is within, or<br>
     arises as a result of dangerous goods stored or handled at, the<br>
     occupier’s premises.<br>
          Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174V<br>
Atmospheric emissions<br>
 <br>
 <br>
174V Atmospheric emissions<br>
An occupier must ensure that any risk produced by atmospheric emissions from<br>
dangerous goods that are toxic, corrosive, flammable, explosive or asphyxiant:<br>
     (a) is eliminated, or<br>
     (b) if it is not reasonably practicable to eliminate the risk, is<br>
     reduced so far as is reasonably practicable.<br>
     Maximum penalty: Level 4.<br>
     Note: The obligation imposed by this clause is in addition to any<br>
     obligations under Division 5 of Part 4.3 of Chapter 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174W<br>
Preventing contamination of food and personal products<br>
 <br>
 <br>
174W Preventing contamination of food and personal products<br>
An occupier must ensure that dangerous goods on the occupier’s premises<br>
cannot contaminate food, food packaging or personal use products.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174X<br>
Containers for dangerous goods in bulk<br>
 <br>
 <br>
174X Containers for dangerous goods in bulk<br>
An occupier of premises at which dangerous goods in bulk in a container are<br>
present must ensure that:<br>
     (a) the container and any associated pipework are provided with<br>
     stable foundations and supports, and<br>
     (b) any pipework or equipment connected to the container is installed<br>
     so as to prevent excessive stress on the container, pipework or<br>
     equipment, and<br>
     (c) the container and any associated pipework are protected from<br>
     deterioration.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174Y<br>
Containment of spills<br>
 <br>
 <br>
174Y Containment of spills<br>
     (1) An occupier must ensure that, in each place at the occupier’s<br>
     premises where dangerous goods are stored or handled, provision is<br>
     made for containment of spills or leaks so as:<br>
          (a) to eliminate the risk from any spill or leak of<br>
          dangerous goods, or if it is not reasonably practicable to<br>
          eliminate the risk, reduce it so far as is reasonably<br>
          practicable, and<br>
          (b) so far as is reasonably practicable, to contain safely<br>
          within the premises the dangerous goods that have been<br>
          spilled or leaked and any effluent arising from an<br>
          incident.<br>
     (2) In the case of dangerous goods containment, any area or<br>
     receptacle intended to contain spills or leaks must not be shared<br>
     with any other substances, including other dangerous goods, that are<br>
     not compatible with the dangerous goods to be contained.<br>
     (3) In the event of a spill or leak of dangerous goods, the occupier<br>
     must ensure that:<br>
          (a) immediate action is taken to reduce any risk associated<br>
          with the spill or leak so far as is reasonably practicable,<br>
          and<br>
          (b) the dangerous goods and any resulting effluent are, as<br>
          soon as reasonably possible, cleaned up and disposed of or<br>
          otherwise made safe.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174Z<br>
Transfer of dangerous goods<br>
 <br>
 <br>
174Z Transfer of dangerous goods<br>
     (1) An occupier must ensure that any risk associated with the<br>
     transfer of dangerous goods within, to or from the occupier’s<br>
     premises is eliminated, or if it is not reasonably practicable to<br>
     eliminate the risk, is controlled so far as is reasonably<br>
     practicable.<br>
     (2) In eliminating or controlling a risk in accordance with subclause<br>
     (1), the occupier must, as relevant, have regard to:<br>
          (a) the need for measures to:<br>
               (i) control spills and leaks, and<br>
               (ii) minimise static electricity, and<br>
               (iii) control vapour generation, and<br>
          (b) the suitability of pipework, attachments and associated<br>
          safety systems at the premises with the risk elimination or<br>
          control measures proposed.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZA<br>
Impact protection<br>
 <br>
 <br>
174ZA Impact protection<br>
An occupier must ensure, as far as is reasonably practicable, that any<br>
containers, pipework, attachments, equipment containing, or associated with, of<br>
dangerous goods on the occupier’s premises are protected from physical damage<br>
resulting from activities in or on the premises, including impacts, imposed<br>
loads and mechanical stress.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZB<br>
Fire protection<br>
 <br>
 <br>
174ZB Fire protection<br>
     (1) An occupier must ensure that:<br>
          (a) the occupier’s premises are provided with a fire<br>
          protection system that:<br>
               (i) has been designed and constructed having<br>
               taken account of any risk assessment of the<br>
               premises, and<br>
               (ii) is designed and constructed to take account<br>
               of:<br>
                    (A) the types and quantities of<br>
                    dangerous goods and the conditions<br>
                    under which they are stored and<br>
                    handled, and<br>
                    (B) other materials and substances that<br>
                    make up the premises or are stored or<br>
                    handled at the premises, and<br>
               (iii) is compatible with the dangerous goods and<br>
               the other materials and substances and is<br>
               effective in the control of incidents involving<br>
               the types and quantities of dangerous goods and<br>
               other materials and substances, and<br>
          (b) the fire protection system is:<br>
               (i) properly installed, tested and maintained,<br>
               and<br>
               (ii) at all times accessible to persons on the<br>
               premises and to the relevant emergency services,<br>
               and<br>
               (iii) capable of being used, without adaptation<br>
               or modification, with the equipment used by the<br>
               New South Wales Fire Brigades and the NSW Rural<br>
               Fire Service.<br>
          Maximum penalty: Level 4.<br>
     (2) The occupier must, if any of the components of the fire<br>
     protection system are rendered inoperative, ensure that:<br>
          (a) the implications of any of the components of the system<br>
          being unserviceable or inoperative are assessed, and<br>
          (b) alternative measures are taken to control, to the same<br>
          level of effectiveness, those risks that were controlled by<br>
          the system when functioning fully, and<br>
          (c) the fire protection system is returned to full<br>
          operation as soon as is reasonably practicable.<br>
          Maximum penalty: Level 4.<br>
     (3) If the implications of the system becoming unserviceable or<br>
     inoperative, as assessed by the occupier under subclause (2) (a),<br>
     include a significant reduction in the effectiveness of the fire<br>
     protection system, the occupier must notify the relevant emergency<br>
     services of the condition of the fire protection system.<br>
          Maximum penalty: Level 4.<br>
     (4) In determining the alternative measures required under subclause<br>
     (2) (b) the occupier must have regard to the need for:<br>
          (a) the provision of alternative fire protection measures,<br>
          and<br>
          (b) a reduction of the quantities of dangerous goods stored<br>
          or handled at the premises, and<br>
          (c) stopping or reducing the processes used for the storage<br>
          and handling of dangerous goods at the premises, and<br>
          (d) modifications to systems of work at the premises.<br>
          Maximum penalty: Level 4.<br>
     (5) In this clause, "fire protection system" includes fixed or<br>
     portable fire detection, fire suppression and fire fighting<br>
     equipment.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZC<br>
Planning for emergencies<br>
 <br>
 <br>
174ZC Planning for emergencies<br>
     (1) This clause applies in relation to premises where dangerous goods<br>
     are stored and handled in quantities that exceed the relevant<br>
     quantities specified in the column headed “Manifest quantity�? in<br>
     the Table to Schedule 5.<br>
     (2) An occupier of premises to which this clause applies must ensure<br>
     that a written plan for dealing with any emergency associated with<br>
     the storage and handling of dangerous goods on those premises (an<br>
     "emergency plan") is:<br>
          (a) developed, implemented and maintained, and<br>
          (b) communicated to:<br>
               (i) persons who are engaged by the occupier to<br>
               work at the premises and who may be exposed to<br>
               risk as a result of an emergency, and<br>
               (ii) persons in control of adjacent premises to<br>
               the extent that the emergency plan applies to<br>
               those person, if persons or property on the<br>
               adjacent premises may be exposed to risk as a<br>
               result of an emergency.<br>
          Maximum penalty: Level 4.<br>
     (3) In developing or reviewing the emergency plan, the occupier must:<br>
          (a) provide a draft of the emergency plan to the<br>
          Commissioner of the New South Wales Fire Brigades, and<br>
          (b) have regard to any written advice received from the<br>
          Commissioner of the New South Wales Fire Brigades.<br>
          Maximum penalty: Level 4.<br>
     (4) The occupier of the premises must provide a copy of the emergency<br>
     plan to:<br>
          (a) if the premises to which this clause applies are within<br>
          a rural fire district within the meaning of the Rural Fires<br>
          Act 1997 —the NSW Rural Fire Service, or<br>
          (b) in any other case—the Commissioner of the New South<br>
          Wales Fire Brigades.<br>
          Maximum penalty: Level 4.<br>
     (5) The occupier must review the emergency plan:<br>
          (a) if there is a change in circumstances at the premises,<br>
          or any adjacent premises, such as to raise the possibility<br>
          of an emergency of a kind that is not dealt with by the<br>
          plan, and<br>
          (b) at intervals of not more than 5 years from the date on<br>
          which the plan was developed or last reviewed.<br>
          Maximum penalty: Level 4.<br>
     (6) The occupier must communicate the revised plan to the persons<br>
     specified in subclause (2) (b).<br>
          Maximum penalty: Level 4.<br>
     (7) This clause commences on 1 September 2006.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZD<br>
Safety equipment<br>
 <br>
 <br>
174ZD Safety equipment<br>
     (1) An occupier must ensure that, where safety equipment is required<br>
     to control an identified risk in relation to the storage or handling<br>
     of dangerous goods (including personal protective equipment and clean<br>
     up equipment such as neutralisers, decontaminants and associated<br>
     equipment), that equipment is provided, maintained and accessible to<br>
     persons authorised to be on the premises.<br>
     (2) A person must not wilfully damage or make ineffective any safety<br>
     equipment referred to in subclause (1).<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZE<br>
Safe access<br>
 <br>
 <br>
174ZE Safe access<br>
An occupier must ensure that safe means of access to and from and within the<br>
occupier’s premises are provided and maintained.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZF<br>
Cleaning or decommissioning plant, equipment and containers<br>
 <br>
 <br>
174ZF Cleaning or decommissioning plant, equipment and containers<br>
     (1) An occupier must ensure that any plant, equipment or container<br>
     that was used in connection with dangerous goods and:<br>
          (a) is to be disposed of, or<br>
          (b) has not had dangerous goods placed in or taken from it<br>
          for a continuous period of 12 months,<br>
     is made free from dangerous or otherwise made safe.<br>
     (2) If a dangerous goods container has been made free from dangerous<br>
     goods and the container is to be reused for a purpose other than its<br>
     original purpose, the occupier must ensure that any references,<br>
     signs, symbols or warning relating to the dangerous goods that it<br>
     formerly contained are removed or obliterated.<br>
     (3) If an underground, partially underground or fully mounded tank<br>
     (other than an LPG tank) has been used to contain dangerous goods and<br>
     2 years have elapsed since any dangerous goods were last put in or<br>
     taken from the tank, the occupier of the premises in which it is<br>
     situated (or in the case of a LPG tank, the owner of the tank) must:<br>
          (a) remove any remaining dangerous goods from, and abandon,<br>
          the tank in compliance with AS 1940, and<br>
          (b) within 7 days of the abandonment, notify WorkCover in<br>
          the approved form of the abandonment.<br>
     Maximum penalty: Level 4.<br>
     Note: See clause 174ZZE for obligations in relation to LPG tanks.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZG<br>
Occupier to obtain MSDS<br>
 <br>
 <br>
174ZG Occupier to obtain MSDS<br>
     (1) For all dangerous goods stored or handled on an occupier’s<br>
     premises, the occupier:<br>
          (a) must obtain from the supplier of the goods an MSDS<br>
          before or on the first occasion on which they are supplied,<br>
          and<br>
          (b) must ensure that the MSDS is readily accessible to any<br>
          person at the premises who could store or handle the goods,<br>
          and<br>
          (c) must ensure that the MSDS is not altered, otherwise<br>
          than where it is appropriate that an overseas MSDS be<br>
          reformatted by the occupier.<br>
     (2) The provisions of subclause (1) (a) and (b) do not apply to:<br>
          (a) dangerous goods in transit, and<br>
          (b) dangerous goods that are supplied to a retailer, retail<br>
          warehouse operator or transport warehouse operator in a<br>
          consumer package that:<br>
               (i) holds less than 30 kg or 30 L of the goods,<br>
               and<br>
               (ii) is intended for retail sale, and<br>
               (iii) is not intended to be opened on the<br>
               premises of the retailer or operator.<br>
          Maximum penalty: Level 4.<br>
     (3) This clause commences on 1 September 2006.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZH<br>
Occupier to ensure containers are labelled and enclosed systems are identified<br>
 <br>
 <br>
174ZH Occupier to ensure containers are labelled and enclosed systems are<br>
identified<br>
     (1) An occupier must ensure that packaged dangerous goods at the<br>
     occupier’s premises, including those supplied to or produced within<br>
     the occupier’s premises, are labelled in accordance with the ADG<br>
     Code, and that the labels are not removed, defaced or altered.<br>
          Maximum penalty: Level 4.<br>
     (2) Without limiting subclause (1), an occupier must ensure that any<br>
     such label:<br>
          (a) clearly identifies the dangerous goods, and<br>
          (b) provides basic health and safety information about the<br>
          dangerous goods, including any relevant risk phrases and<br>
          safety phrases.<br>
          Maximum penalty: Level 4.<br>
     (3) However:<br>
          (a) a container into which dangerous goods are transferred<br>
          for use within the next 12 hours need only be labelled with<br>
          the product name and the relevant risk phrases and safety<br>
          phrases, and<br>
          (b) a container into which dangerous goods are transferred<br>
          for immediate use need not be labelled, so long as it is<br>
          cleaned immediately after it has been emptied of the<br>
          dangerous goods.<br>
     (4) An occupier must ensure that the identity of any dangerous goods<br>
     contained in an enclosed system at the occupier’s premises (such as<br>
     a pipe or piping system, or a process or reactor vessel) is notified<br>
     to a person who could handle the dangerous goods.<br>
          Maximum penalty: Level 1.<br>
     (5) This clause does not apply to dangerous goods in transit.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZI<br>
Commencement of Subdivision<br>
 <br>
 <br>
174ZI Commencement of Subdivision<br>
This Subdivision commences on 1 September 2006.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZJ<br>
Outer warning placards<br>
 <br>
 <br>
174ZJ Outer warning placards<br>
     (1) If the quantities of dangerous goods stored and handled at an<br>
     occupier’s premises exceed the relevant quantities specified in the<br>
     column headed “Placarding quantity�? in the Table to Schedule 5,<br>
     the occupier must ensure that a “HAZCHEM�? outer warning placard<br>
     as specified in Schedule 6 is displayed at the entrances to the<br>
     premises that emergency services would use or be likely to use in the<br>
     event of an emergency.<br>
          Maximum penalty: Level 4.<br>
     (2) Subclause (1) does not apply to retail service stations.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZK<br>
Other placarding requirements<br>
 <br>
 <br>
174ZK Other placarding requirements<br>
     (1) An occupier must ensure that the following are placarded in<br>
     accordance with this clause:<br>
          (a) any container or other form of storage of dangerous<br>
          goods in bulk,<br>
          (b) any storage location of packaged dangerous goods.<br>
          Note: See the definition of “storage location�? in<br>
          clause 174B.<br>
     (2) Subclause (1) does not apply to any of the following:<br>
          (a) dangerous goods in bulk in any container, including an<br>
          IBC, that is intended for transport and marked in<br>
          accordance with the ADG Code,<br>
          (b) C1 combustible liquids in bulk in a quantity not<br>
          exceeding 10,000 L that are separated from other dangerous<br>
          goods,<br>
          (c) dangerous goods of Class 2.1 or 3 or C1 combustible<br>
          liquids, that are stored in an underground tank at a retail<br>
          service station where the goods are used to refuel<br>
          vehicles.<br>
     (3) The dimensions, design, layout and content of a placard must be<br>
     in accordance with Schedule 6 or the ADG Code.<br>
     (4) A placard must be kept clean, in good order and unobstructed.<br>
     (5) A placard required by subclause (1) or by clause 174ZJ must be<br>
     located:<br>
          (a) so that it is clearly legible by persons approaching<br>
          the premises, bulk container or other form of storage or<br>
          storage location (as appropriate), and<br>
          (b) so that it is separate from any other sign or writing<br>
          which contradicts, qualifies or distracts attention from<br>
          the placard.<br>
     (6) A placard required by subclause (1) (a) must be located on or<br>
     adjacent to each bulk container or other form of storage.<br>
     (7) A placard required by subclause (1) (b) must be located:<br>
          (a) at the entrance to any building in which the dangerous<br>
          goods are stored, and<br>
          (b) within a building referred to in paragraph (a), at the<br>
          entrance to each room or other closed or walled section of<br>
          the building in which the dangerous goods are stored, and<br>
          (c) adjacent to any external storage location where the<br>
          dangerous goods are stored.<br>
     (8) If the dangerous goods to which placards apply are permanently<br>
     removed from the premises, the occupier must remove the placards.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZL<br>
Different location permitted<br>
 <br>
 <br>
174ZL Different location permitted<br>
     (1) An occupier of premises that are required to be placarded may<br>
     place placards in locations different from those specified in this<br>
     Part if the relevant emergency services agree with the placards being<br>
     in those different locations.<br>
     (2) The occupier must ensure that the agreement of the relevant<br>
     emergency services is in writing and is readily available for<br>
     inspection by an inspector.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZM<br>
Revision<br>
 <br>
 <br>
174ZM Revision<br>
An occupier must ensure that all placards required by this Subdivision are<br>
revised as soon as reasonably practicable after any change to the type or<br>
quantity of dangerous goods stored at the occupier’s premises that requires<br>
different information to be displayed.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZN<br>
Manifest to be maintained<br>
 <br>
 <br>
174ZN Manifest to be maintained<br>
     (1) An occupier of premises where dangerous goods are stored and<br>
     handled in quantities that exceed the relevant quantities specified<br>
     in the column headed “Manifest quantity�? in the Table to Schedule<br>
     5 must keep a manifest of dangerous goods, that contains the<br>
     information and site plans required by Schedule 7, readily available<br>
     for use by an inspector or the emergency services.<br>
     (2) The occupier must ensure that a copy of the manifest is kept, and<br>
     is readily accessible, at the main entrance to the occupier’s<br>
     premises unless the occupier and the Commissioner of the New South<br>
     Wales Fire Brigades or the NSW Rural Fire Service, as appropriate,<br>
     have agreed to a different location for keeping a copy of the<br>
     manifest.<br>
     (3) The occupier must ensure that the manifest is revised as soon as<br>
     possible after a change in any of the information specified in<br>
     Schedule 7.<br>
     (4) This clause does not apply in relation to dangerous goods in<br>
     transit.<br>
     (5) This clause commences on 1 September 2006.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Subdivision 8Sections 86 and 87 of the Act, and clauses 341, 341A and<br>
342 of this Regulation, make provision for the notification to WorkCover of<br>
serious incidents and certain other incidents at places of work and for the<br>
non-disturbance of plant and areas surrounding the place of a serious incident.<br>
<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZO<br>
Response to serious incidents and other incidents<br>
 <br>
 <br>
174ZO Response to serious incidents and other incidents<br>
     (1) An occupier must respond to a serious incident or other incident<br>
     involving dangerous goods at the occupier’s premises by ensuring<br>
     that:<br>
          (a) immediate action is taken to assess and control any<br>
          risk associated with the serious incident or other<br>
          incident, including making any plant or equipment<br>
          associated with the serious incident or other incident and<br>
          the surrounding area safe so far as is reasonably<br>
          practicable, and<br>
          (b) only persons essential to carrying out the action<br>
          referred to in paragraph (a) remain in the vicinity of the<br>
          serious incident or other incident, and<br>
          (c) the risk to each person engaged by the occupier at the<br>
          premises to carry out the action referred to in paragraph<br>
          (a) is reduced so far as is reasonably practicable.<br>
          Maximum penalty: Level 4.<br>
     (2) Clauses 341�?43 extend to controllers of dangerous goods<br>
     premises and to premises on or in which dangerous goods to which<br>
     section 135A of the Act applies (regardless of whether or not the<br>
     premises are a place of work or are used for work).<br>
          Sections 86 and 87 of the Act apply to premises on or in<br>
          which dangerous goods to which section 135A of the Act<br>
          applies are stored or handled (regardless of whether or not<br>
          the premises are a place of work or are used for work): see<br>
          section 135A (3) (c) of the Act.<br>
          Sections 86 and 87 of the Act do not apply to mining<br>
          workplaces or coal workplaces. Notifications are to the<br>
          Department Head (Mining) under section 110 of the Coal Mine<br>
          Health and Safety Act 2002 or section 88 of the Mine Health<br>
          and Safety Act 2004.<br>
     (3) The obligations of the occupier under subclause (1) (b) and (c)<br>
     do not apply in respect of members of the emergency services<br>
     responding to the serious incident or other incident.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZP<br>
Investigation of serious incidents and other incidents<br>
 <br>
 <br>
174ZP Investigation of serious incidents and other incidents<br>
An occupier must ensure that:<br>
     (a) any serious incident or other incident involving dangerous goods<br>
     occurring at the premises is investigated and that the investigation,<br>
     so far as possible, determines the cause or likely cause of the<br>
     serious incident or other incident, and<br>
     (b) a record of the investigation is:<br>
          (i) made, and<br>
          (ii) kept for at least 5 years, and<br>
          (iii) readily available, on request, to an inspector.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZQ<br>
Risk assessment and control following serious incidents and other incidents<br>
 <br>
 <br>
174ZQ Risk assessment and control following serious incidents and other<br>
incidents<br>
An occupier of premises where a serious incident or other incident involving<br>
dangerous goods has occurred must:<br>
     (a) review the risk assessment carried out in accordance with this<br>
     Regulation, taking into account the results of the investigation into<br>
     the serious incident or other incident, and<br>
     (b) if the review identifies deficiencies in any risk control<br>
     measures, alter those measures or implement new measures.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZR<br>
Information may be requested<br>
 <br>
 <br>
174ZR Information may be requested<br>
     (1) WorkCover may request any information from an occupier of<br>
     premises that are a place of work that is not a mining workplace or a<br>
     coal workplace in relation to:<br>
          (a) the cause or effect of a serious incident or other<br>
          incident that has occurred on the occupier’s premises,<br>
          and<br>
          (b) any action taken by the occupier as a result of the<br>
          serious incident or other incident.<br>
     (1A) The Department Head (Mining) may request any information from an<br>
     occupier of premises that are a mining workplace or a coal workplace<br>
     in relation to:<br>
          (a) the cause or effect of a serious incident or other<br>
          incident that has occurred on the occupier’s premises,<br>
          and<br>
          (b) any action taken by the occupier as a result of the<br>
          serious incident or other incident.<br>
     (2) A request for information must:<br>
          (a) be in writing, and<br>
          (b) specify a reasonable period within which the occupier<br>
          must respond.<br>
     (3) The occupier must provide the requested information:<br>
          (a) in writing, and<br>
          (b) within the period specified by WorkCover or the<br>
          Department Head (Mining) (as the case may be).<br>
          Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZS<br>
Notification to WorkCover<br>
 <br>
 <br>
174ZS Notification to WorkCover<br>
     (1) An occupier of premises where dangerous goods are stored and<br>
     handled in quantities that in total exceed or are likely to exceed<br>
     the relevant quantities specified in the column headed “Manifest<br>
     quantity�? in the Table to Schedule 5 must ensure that WorkCover is<br>
     notified of the presence of those dangerous goods.<br>
     (2) A notification to WorkCover under subclause (1) must:<br>
          (a) be given within 14 days after the obligation to notify<br>
          arises, and<br>
          (b) be accompanied by a fee in such amount as WorkCover may<br>
          determine as the appropriate amount to cover expenses in<br>
          connection with the processing and review of notifications<br>
          required by this clause, and<br>
          (c) include the following information:<br>
               (i) the name of the occupier (and any other<br>
               occupiers of the premises concerned),<br>
               (ii) the address of the premises where the<br>
               dangerous goods are stored and handled,<br>
               (iii) the occupier’s contact details,<br>
               (iv) the nature of the principal activities<br>
               involving the dangerous goods,<br>
               (v) the Class, Packing Group and the maximum<br>
               quantity of the dangerous goods stored and<br>
               handled in bulk or as packaged dangerous goods,<br>
               (vi) descriptions and details and the maximum<br>
               quantity of any C1 combustible liquids stored and<br>
               handled in bulk or as packaged dangerous goods,<br>
               (vii) the product name and the maximum quantity<br>
               of goods too dangerous to be transported,<br>
               (viii) any other documents or information<br>
               specifically requested by WorkCover.<br>
     (3) The occupier must ensure that WorkCover is provided with further<br>
     notification, containing the information required under subclause<br>
     (2), every 12 months, or at such longer intervals as are specified by<br>
     WorkCover.<br>
     (4) On receiving a notification under this clause, WorkCover must<br>
     send the occupier a written acknowledgment of the notification.<br>
     (5) WorkCover may give any information contained in a notification to<br>
     a relevant local government council, the Department Head (Mining) and<br>
     the emergency services.<br>
     (6) This clause does not apply in relation to dangerous goods in<br>
     transit.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZT<br>
Security at premises<br>
 <br>
 <br>
174ZT Security at premises<br>
An occupier must, so far as is reasonably practicable, prevent:<br>
     (a) access to dangerous goods on the occupier’s premises by<br>
     unauthorised persons, and<br>
     (b) unauthorised activities occurring on those premises.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZU<br>
Lighting<br>
 <br>
 <br>
174ZU Lighting<br>
An occupier must ensure that lighting is provided that:<br>
     (a) does not create excessive glare or reflection, and<br>
     (b) is adequate to allow persons to move safely within the<br>
     occupier’s premises, and<br>
     (c) facilitates safe access to and egress from the premises,<br>
     including emergency exits.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZV<br>
Employer to retain records of induction and training<br>
 <br>
 <br>
174ZV Employer to retain records of induction and training<br>
An employer must retain records in a suitable form of all induction or other<br>
training required by clause 13 to be provided to employees who are likely to<br>
store or handle dangerous goods at the employer’s place of work for at least<br>
5 years after the date of creation of the record.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZW<br>
Employer to keep register of dangerous goods<br>
 <br>
 <br>
174ZW Employer to keep register of dangerous goods<br>
     (1) An employer must ensure that a register is kept and maintained<br>
     for all dangerous goods stored or handled at the employer’s place<br>
     of work.<br>
     (2) The employer must ensure that the register includes:<br>
          (a) a list of all dangerous goods used at the employer’s<br>
          place of work, and<br>
          (b) the relevant MSDS (if any) for each of those dangerous<br>
          goods, and<br>
          (c) any notations required under clause 174ZX.<br>
     (3) The employer must ensure that the register is readily accessible<br>
     to all employees who may store or handle dangerous goods while at the<br>
     employer’s place of work.<br>
     (4) This clause does not apply to the following dangerous goods:<br>
          (a) dangerous goods that are supplied to a retailer or<br>
          retail warehouse operator in a consumer package holding<br>
          less than 30 kg or 30 L of the dangerous goods, that is<br>
          intended for retail sale and that is not intended to be<br>
          opened on the premises of the retailer or operator,<br>
          (b) dangerous goods in transit.<br>
     (5) The employer may keep and maintain a single register both for the<br>
     purposes of this clause and for the purposes of clause 167 (Employer<br>
     to keep register of hazardous substances).<br>
     (6) This clause commences on 1 September 2006.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZX<br>
Employer to record risk assessments<br>
 <br>
 <br>
174ZX Employer to record risk assessments<br>
     (1) An employer must record the results of a risk assessment relating<br>
     to the storage or handling of dangerous goods by:<br>
          (a) making a notation in the register of dangerous goods<br>
          kept under clause 174ZW if no specific measures are<br>
          necessary to control the risks associated with the<br>
          dangerous goods, or<br>
          (b) preparing a report on the risk assessment if specific<br>
          measures are necessary to control the risks associated with<br>
          the dangerous goods.<br>
          Maximum penalty: Level 3.<br>
     (2) The employer must ensure that any risk assessment report prepared<br>
     in relation to dangerous goods that are stored or handled at the<br>
     employer’s place of work is readily accessible to any employee or<br>
     other person working at the employer’s place of work who could<br>
     store or handle the dangerous goods.<br>
          Maximum penalty: Level 1.<br>
     (3) This clause commences on 1 September 2006.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZY<br>
Application<br>
 <br>
 <br>
174ZY Application<br>
This Part applies to all dangerous goods to which section 135A of the Act<br>
applies (regardless of whether or not they are at a place of work).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZZ<br>
Self-service fuel dispensing units<br>
 <br>
 <br>
174ZZ Self-service fuel dispensing units<br>
     (1) A person who keeps dangerous goods, being vehicle fuel, for sale<br>
     or supply by means of a self-service fuel dispensing unit must, in<br>
     relation to the unit, comply (or cause compliance) with the<br>
     provisions of this clause.<br>
     (2) Instructions for the operation of the unit, and a statement of<br>
     the requirements of subclauses (8) and (9), must be clearly displayed<br>
     on or immediately adjacent to it.<br>
     (3) The unit and the area surrounding it must be adequately<br>
     illuminated when the unit is in operation.<br>
     (4) A person (an "operator") must be appointed to control and<br>
     supervise from a control point the safe operation of the unit when it<br>
     is in operation for the sale of fuel.<br>
     (5) Subclause (4) does not apply to a premises at which one or more<br>
     coin or card operated self-service fuel dispensing units are located<br>
     during such times (if any) as the premises are not staffed.<br>
     (6) A person must not be appointed as an operator unless he or she:<br>
          (a) is a competent and reliable person of or over the age<br>
          of 18 years, and<br>
          (b) is fully conversant with the manner of operation of the<br>
          unit by the users and the system employed for the sale of<br>
          fuel by means of the unit.<br>
     (7) The person referred to in subclause (1) must take all practicable<br>
     steps to ensure that the self-service fuel dispensing unit is not<br>
     operated by a person under 16 years of age.<br>
     (8) When a vehicle is standing near a self-service fuel dispensing<br>
     unit, the driver of the vehicle must ensure that its engine:<br>
          (a) is stopped before the fuel tank is opened, and<br>
          (b) remains stopped while the fuel is being dispensed into<br>
          the vehicle.<br>
     (9) A person must not smoke, create a spark or introduce any other<br>
     ignition source within 3 metres of a self-service fuel dispensing<br>
     unit (including the nozzle of a hose that is part of such a unit).<br>
     For the purposes of this subclause, the normal movement of a vehicle<br>
     does not constitute the introduction of an ignition source.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZZA<br>
Fuel dispensing units generally<br>
 <br>
 <br>
174ZZA Fuel dispensing units generally<br>
     (1) When a vehicle is standing near a fuel dispensing unit, the<br>
     driver of the vehicle must ensure that its engine:<br>
          (a) is stopped before the fuel tank is opened, and<br>
          (b) remains stopped while the fuel is being dispensed into<br>
          the vehicle.<br>
     (2) A person must not smoke, create a spark or introduce any other<br>
     ignition source within 3 metres of a fuel dispensing unit (including<br>
     the nozzle of a hose that is part of such a unit). For the purposes<br>
     of this subclause, the normal movement of a vehicle does not<br>
     constitute the introduction of an ignition source.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZZB<br>
Positioning of liquefied gas cylinders<br>
 <br>
 <br>
174ZZB Positioning of liquefied gas cylinders<br>
A person must not keep, convey or use a cylinder containing dangerous goods of<br>
Class 2.1, being liquefied flammable gas, unless the cylinder is positioned so<br>
that the safety relief device communicates directly with the vapour space in<br>
the cylinder.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZZC<br>
Valves<br>
 <br>
 <br>
174ZZC Valves<br>
     (1) A person who keeps a cylinder or other container containing<br>
     dangerous goods of Class 2 must, unless it is connected by permanent<br>
     piping to a consuming device, ensure that its valve is kept securely<br>
     closed at all times except when the container is being filled or<br>
     goods are being taken from it.<br>
     (2) If piping or a pipeline is equipped with one or more excess flow<br>
     valves, a person must not convey dangerous goods of Class 2 by means<br>
     of the piping or pipeline unless each valve is set for the minimum<br>
     diameter of that part of the piping or pipeline that the goods would<br>
     enter through the valve without first passing through another such<br>
     valve.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZZD<br>
Filling of balloons and other containers<br>
 <br>
 <br>
174ZZD Filling of balloons and other containers<br>
     (1) A person must not:<br>
          (a) fill a balloon or other collapsible container with<br>
          flammable, toxic or anaesthetic gas, or<br>
          (b) keep, convey, sell or use a balloon or other<br>
          collapsible container that contains any such gas.<br>
     (2) This clause does not prevent an activity carried out for the<br>
     purposes of or in connection with scientific research or for any<br>
     medical purpose.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 174ZZE<br>
Decommissioning of LPG tanks<br>
 <br>
 <br>
174ZZE Decommissioning of LPG tanks<br>
If an LPG tank has been used to contain dangerous goods and 2 years have<br>
elapsed since any dangerous goods were last put in or taken from the tank, the<br>
owner of the tank must:<br>
     (a) remove any remaining dangerous goods from, and abandon, the tank<br>
     in compliance with AS/NZS 1596�?002The storage and handling of LP<br>
     Gas, and<br>
     (b) within 7 days of the abandonment, notify WorkCover in the<br>
     approved form of the abandonment.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175<br>
Application<br>
 <br>
 <br>
175 Application<br>
     (1) This Chapter applies in relation to major hazard facilities,<br>
     potential major hazard facilities and other facilities.<br>
     (2) However, this Chapter does not apply to premises that are:<br>
          (a) a port operational area under the control of a port<br>
          authority, or<br>
          (b) a pipeline to which the Gas Supply Act 1996 or the<br>
          Pipelines Act 1967 applies, or<br>
          (c) a pipeline to which provisions of the repealed<br>
          Dangerous Goods Act 1975 and the Dangerous Goods (General)<br>
          Regulation 1999 apply (by operation of clause 3 of Schedule<br>
          3 to this Regulation), or<br>
          (d) a coal workplace, or<br>
          (e) a mining workplace.<br>
     (3) In this clause:<br>
     "port authority" means a body established under Part 2 or 4 of the<br>
     Ports and Maritime Administration Act 1995.<br>
     "port operational area" means the land and sea, including the fixed<br>
     facilities and vessels, located in any area defined in Schedule 1 to<br>
     the Ports and Maritime Administration Regulation 2007 and includes<br>
     any berths adjacent to such an area.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175A<br>
Definitions<br>
 <br>
 <br>
175A Definitions<br>
     (1) In this Chapter:<br>
     "aggregate quantity ratio" or "AQR", in relation to a Schedule 8<br>
     material, means the aggregate quantity ratio as determined in<br>
     accordance with subclause (2).<br>
     "facility" means the whole of any premises at which Schedule 8<br>
     materials are present or likely to be present for any purpose.<br>
     "major accident" means an incident (including an emission, loss of<br>
     containment, fire, explosion or release of energy or projectiles, but<br>
     not including the long term, low volume release of any material)<br>
     involving a Schedule 8 material occurring in the course of the<br>
     operation, commissioning, shutdown or maintenance of a major hazard<br>
     facility that poses a risk of serious danger or harm (whether<br>
     immediate or delayed) to any person (including members of the<br>
     public).<br>
     "major hazard facility" means:<br>
          (a) a facility at which Schedule 8 materials are present or<br>
          likely to be present in a quantity that exceeds their<br>
          threshold quantity, or<br>
          (b) a facility where the aggregate quantity ratio of<br>
          Schedule 8 materials present or likely to be present<br>
          exceeds 1.0, or<br>
          (c) a facility at which Schedule 8 materials are present or<br>
          likely to be present, not being a facility to which<br>
          paragraph (a) or (b) applies, that is, for the time being,<br>
          determined by WorkCover to be a major hazard facility under<br>
          Part 6B.5.<br>
     "modification", in relation to a major hazard facility, means:<br>
          (a) a change to any plant, processes, materials, operating<br>
          conditions or operating procedures (including the<br>
          introduction of new plant, processes, materials, operating<br>
          conditions or operating procedures), or<br>
          (b) a change to the quantity of Schedule 8 materials<br>
          present or likely to be present (including the introduction<br>
          of any new Schedule 8 materials), or<br>
          (c) a change to the safety management system of the<br>
          facility,<br>
     that has the effect of:<br>
          (d) significantly increasing the risk of a major accident<br>
          occurring, or<br>
          (e) in relation to any major accident that might occur,<br>
          significantly increasing:<br>
               (i) its magnitude, or<br>
               (ii) the severity of its consequences to persons<br>
               (whether on-site or off-site).<br>
     "near miss" means any incident that, but for mitigating effects,<br>
     actions or systems, could have escalated into a major accident.<br>
     "operator", in relation to a facility, means the person who has<br>
     overall control of the facility.<br>
     "potential major hazard facility" means:<br>
          (a) a facility where Schedule 8 materials are present or<br>
          likely to be present in a quantity that exceeds 10% of<br>
          their threshold quantity but does not exceed their<br>
          threshold quantity, or<br>
          (b) a facility where the aggregate quantity ratio of<br>
          Schedule 8 materials present or likely to be present at the<br>
          facility exceeds 0.1 but does not exceed 1.0.<br>
     "provisionally registered" means provisionally registered under<br>
     clause 175M.<br>
     "registered" means registered under clause 175R.<br>
     "Schedule 8 material" means a material mentioned in Table 1 to<br>
     Schedule 8 or a material that belongs to one or more of the types,<br>
     classes and categories mentioned in Table 2 to Schedule 8.<br>
     "threshold quantity", in relation to a Schedule 8 material, means the<br>
     threshold quantity for that material as specified in Schedule 8.<br>
     (2) An aggregate quantity ratio of Schedule 8 materials present or<br>
     likely to be present at a facility is to be determined using the<br>
     following formula:<br>
          [graphic]<br>
          "qx", "qy" �?"qn" is the total quantity of each Schedule<br>
          8 material present or likely to be present at the facility.<br>
          "Qx", "Qy" �?"Qn" is the threshold quantity for each<br>
          Schedule 8 material concerned.<br>
     However, a quantity of Schedule 8 material need not be included in<br>
     the calculation if:<br>
          (a) the quantity is less than 2% of the corresponding<br>
          threshold quantity for the material, and<br>
          (b) the quantity is present in such conditions that it is<br>
          incapable of triggering a major accident.<br>
     (3) For the purposes of determining whether a facility is a major<br>
     hazard facility, a potential major hazard facility or not such a<br>
     facility, the quantity of a Schedule 8 material present or likely to<br>
     be present at the facility is taken to include all amounts of the<br>
     material, including but not limited to the following:<br>
          (a) for process vessels and related piping systems—the<br>
          maximum amount of the material normally present in the<br>
          process vessel or related piping system,<br>
          (b) for storage vessels including tanks—the maximum<br>
          capacity of the storage vessel or tank, except where all of<br>
          the following conditions apply:<br>
               (i) the storage vessel or tank is nominally empty<br>
               and the mass of the Schedule 8 material present<br>
               is as low as is reasonably practical,<br>
               (ii) the storage vessel or tank will not be<br>
               filled at the facility,<br>
               (iii) a secure physical barrier covers the fill<br>
               point and any other opening that could be used to<br>
               fill the storage vessel or tank,<br>
               (iv) the storage vessel or tank is not connected<br>
               to any pipe,<br>
               Note: This includes all tanks, whether above<br>
               ground, mounded or underground.<br>
          (c) for package or other container storage areas—the<br>
          maximum quantity of the material that is likely to be<br>
          present in the package or other container storage area,<br>
          (d) for pipes, piping and pipelines not included in<br>
          paragraph (a)—the maximum quantity of materials contained<br>
          in the pipes, piping or pipelines or the maximum quantity<br>
          of material that could escape from the pipe, piping or<br>
          pipeline in the event of its catastrophic failure<br>
          (whichever is the greater).<br>
     (4) In this Chapter, a material is "present or likely to be present"<br>
     at a facility if:<br>
          (a) it is reasonably foreseeable that the material will be<br>
          present at the facility for any continuous period of 48<br>
          hours, or<br>
          (b) the material is able to be produced under reasonably<br>
          foreseeable abnormal conditions at the facility (for<br>
          example, conditions such as extreme weather).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175B<br>
Dangerous goods to which section 135A of the Act applies<br>
 <br>
 <br>
175B Dangerous goods to which section 135A of the Act applies<br>
     (1) For the purposes of this Chapter, dangerous goods that are<br>
     Schedule 8 materials are declared to be dangerous goods to which<br>
     section 135A of the Act applies.<br>
     (2) This Chapter applies to dangerous goods that are Schedule 8<br>
     materials regardless of whether those goods are at a place of work or<br>
     are for use at work.<br>
     (3) In this clause, "dangerous goods" has the same meaning as in<br>
     section 135A of the Act.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175C<br>
Extension of hazard identification and risk assessment provisions<br>
 <br>
 <br>
175C Extension of hazard identification and risk assessment provisions<br>
     (1) Division 1 (General duties of controllers of premises) of Part<br>
     4.2 of Chapter 4 extends to operators of major hazard facilities<br>
     (regardless of whether or not those facilities are places of work or<br>
     are used for work).<br>
     (2) A reference in Chapter 2 (Places of work—risk management and<br>
     other matters) and Division 1 (General duties of controllers of<br>
     premises) of Part 4.2 of Chapter 4 to occupational health and safety<br>
     (however expressed) includes, where the hazard concerned is a hazard<br>
     that arises from a major hazard facility, a reference to public<br>
     health and safety (both at the facility and beyond).<br>
     (3) Without limiting subclause (2), when identifying the hazards that<br>
     arise from a major hazard facility, the operator of the facility must<br>
     identify all foreseeable hazards that may lead to, or arise from, a<br>
     major accident at the facility.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175D<br>
Regular risk assessments<br>
 <br>
 <br>
175D Regular risk assessments<br>
     (1) An operator of a major hazard facility must review each risk<br>
     assessment conducted for the purposes of clause 10 or 35 at the times<br>
     required by clause 12 or 37, but in any case each risk assessment<br>
     must be reviewed as follows:<br>
          (a) before a modification of the major hazard facility,<br>
          (b) after the occurrence of a major accident or near miss<br>
          at the major hazard facility,<br>
          (c) when requested by WorkCover,<br>
          (d) at least once every 5 years.<br>
     (2) The operator must make a record of each risk assessment and any<br>
     review of a risk assessment.<br>
     Maximum penalty: Level 4.<br>
     Note: Clause 175ZD provides that any document or other record<br>
     required to be created by an operator of a major hazard facility<br>
     under this Chapter is to be retained by the operator for at least 15<br>
     years after the date of its creation.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175E<br>
Duties in relation to major accidents at major hazard facilities<br>
 <br>
 <br>
175E Duties in relation to major accidents at major hazard facilities<br>
     (1) An operator of a major hazard facility must ensure that all<br>
     persons (including members of the public) are not exposed to risks to<br>
     their health and safety arising from a major accident occurring at<br>
     the facility.<br>
          Maximum penalty: Level 4.<br>
          Note: Other general laws and specific legislation may<br>
          provide that operators have other obligations with regard<br>
          to the operation of the major hazard facility that relate<br>
          to risks to property or the environment, both inside or<br>
          beyond the facility.<br>
     (2) Nothing in this clause is to be construed:<br>
          (a) as conferring a right of action in any civil<br>
          proceedings in respect of any contravention, whether by act<br>
          or omission, of this clause, or<br>
          (b) as conferring a defence to an action in any civil<br>
          proceedings or as otherwise affecting a right of action in<br>
          any civil proceedings.<br>
     Note: Section 10 (2) of the Act provides that a person who has<br>
     control of any plant or substance used by people at work must ensure<br>
     that the plant or substance is safe and without risks to health when<br>
     properly used.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175F<br>
Notification by operators and intended operators of major hazard facilities and<br>
potential major hazard facilities<br>
 <br>
 <br>
175F Notification by operators and intended operators of major hazard<br>
facilities and potential major hazard facilities<br>
     (1) A person who intends to be the operator of a major hazard<br>
     facility or a potential major hazard facility must, within 3 months<br>
     after the person forms the intention, notify WorkCover of the<br>
     intention in accordance with clause 175G.<br>
          Note: Clause 175L provides that an operator must not<br>
          operate a major hazard facility unless the facility is<br>
          registered or provisionally registered.<br>
          Clause 175M provides that a notification under this clause<br>
          is taken to be an application for the provisional<br>
          registration of the facility.<br>
     (2) WorkCover may, by notice in writing, require a person who, in<br>
     WorkCover’s opinion, is the operator of a facility (whether or not<br>
     it is a major hazard facility or a potential major hazard facility)<br>
     to submit a notification to WorkCover under this clause.<br>
     (3) Notification under subclause (2) must be given in accordance with<br>
     clause 175G and within such period as is specified in WorkCover’s<br>
     notice to the person concerned.<br>
     (4) A person who has provided a notification in relation to a<br>
     potential major hazard facility or proposed potential major hazard<br>
     facility under this clause to WorkCover must, while that person<br>
     continues to operate that facility, provide a further notification to<br>
     WorkCover in accordance with clause 175G every 12 months or at such<br>
     longer intervals as is specified by WorkCover by notice in writing<br>
     given to the person.<br>
     (5) On receiving a notification under this clause, WorkCover is to<br>
     send the person a written acknowledgement of the notification.<br>
     (6) For the purposes of this clause, a person "intends to operate a<br>
     major hazard facility or a potential major hazard facility" if:<br>
          (a) the person intends to operate a major hazard facility<br>
          or a potential major hazard facility that is:<br>
               (i) designed but not constructed, or<br>
               (ii) under construction, or<br>
               (iii) constructed but not yet operational, or<br>
          (b) the person is operating a facility (not being a major<br>
          hazard facility or a potential major hazard facility) and<br>
          intends to make alterations to the facility that will<br>
          result in the facility becoming a major hazard facility or<br>
          a potential major hazard facility.<br>
     (7) Transitional provision A person who is operating a major hazard<br>
     facility or a potential major hazard facility (or intends to) at the<br>
     time of the commencement of this clause must notify WorkCover of that<br>
     fact within 3 months of that commencement.<br>
     (8) Commencement This clause commences on 13 October 2008.<br>
     Maximum penalty (subclauses (1), (3), (4) and (7)): Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175G<br>
Content of notification<br>
 <br>
 <br>
175G Content of notification<br>
Notification given under clause 175F must:<br>
     (a) be in the approved form, and<br>
     (b) if the notification is being given by a corporation, be signed by<br>
     the chief executive officer of the corporation or another officer of<br>
     the corporation authorised by the chief executive officer.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175H<br>
WorkCover may request further information<br>
 <br>
 <br>
175H WorkCover may request further information<br>
On request from WorkCover, a person who has given notification under clause<br>
175F must provide, at any reasonable time specified by WorkCover, such further<br>
information relating to the facility concerned as WorkCover requests.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175I<br>
Notification of change of operator of major hazard facility or potential major<br>
hazard facility<br>
 <br>
 <br>
175I Notification of change of operator of major hazard facility or potential<br>
major hazard facility<br>
     (1) If an operator of a major hazard facility or a potential major<br>
     hazard facility is replaced by another person as an operator of the<br>
     facility, both the former operator and the new operator of the<br>
     facility must ensure that WorkCover is notified of that change.<br>
          Maximum penalty: Level 4.<br>
     (2) Notification under this clause must be given within one month<br>
     after the former or new operator becomes aware, or should reasonably<br>
     have been or become aware, of the circumstances giving rise to the<br>
     obligation to notify.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175J<br>
Notification assessment fee<br>
 <br>
 <br>
175J Notification assessment fee<br>
     (1) A person who provides WorkCover with a notification under this<br>
     Part must pay to WorkCover a notification assessment fee in the<br>
     amount (if any) specified by WorkCover.<br>
     (2) WorkCover may specify different fee amounts (or no amount) for<br>
     different types of notifications.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175K<br>
WorkCover may determine a potential major hazard facility to be a major hazard<br>
facility<br>
 <br>
 <br>
175K WorkCover may determine a potential major hazard facility to be a major<br>
hazard facility<br>
     (1) WorkCover may determine that a potential major hazard facility is<br>
     a major hazard facility if it is of the opinion that there is a<br>
     potential for a major accident to occur at the facility.<br>
     (2) WorkCover must not make a determination under this clause unless<br>
     it has:<br>
          (a) consulted with the operator of the potential major<br>
          hazard facility concerned, and<br>
          (b) given the operator reasons as to why it proposed to<br>
          make the determination, and<br>
          (c) given the operator a reasonable opportunity to make<br>
          representation as to why the determination should not be<br>
          made.<br>
     (3) A determination under this clause does not take effect until<br>
     written notice of it is given to the operator of the facility<br>
     concerned.<br>
     Note: An operator aggrieved by a decision to make a determination<br>
     under this clause may apply to the Administrative Decisions Tribunal<br>
     for a review of the decision—see clause 351 (1) (b1) (i).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175L<br>
Major hazard facility must be registered or provisionally registered<br>
 <br>
 <br>
175L Major hazard facility must be registered or provisionally registered<br>
     (1) An operator must not operate a major hazard facility unless the<br>
     facility is registered or provisionally registered.<br>
          Maximum penalty: Level 4.<br>
     (2) This clause commences on 13 April 2009.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175M<br>
WorkCover may provisionally register major hazard facilities<br>
 <br>
 <br>
175M WorkCover may provisionally register major hazard facilities<br>
     (1) Subject to subclause (2), WorkCover may provisionally register a<br>
     major hazard facility.<br>
     (2) Without limiting the reasons for which provisional registration<br>
     may be refused, WorkCover must refuse to provisionally register a<br>
     major hazard facility if it is of the opinion that the following<br>
     persons are not fit and proper persons to exercise control over the<br>
     facility:<br>
          (a) if the operator is an individual—the operator,<br>
          (b) if the operator is a corporation—each director of the<br>
          operator.<br>
     (3) A notification under clause 175F in relation to a major hazard<br>
     facility is taken, for the purposes of this Part, to be an<br>
     application for the provisional registration of the facility.<br>
     (4) A notification under clause 175F in relation to a potential major<br>
     hazard facility that, after the notification, was determined under<br>
     clause 175K to be major hazard facility, is taken, for the purposes<br>
     of this Part, to be an application for the provisional registration<br>
     of the facility that was made on the date of that determination.<br>
     Note: See clause 351 as to the review by the Administrative Decisions<br>
     Tribunal of a decision by WorkCover to refuse to provisionally<br>
     register a major hazard facility under this clause.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175N<br>
Duration of provisional registration<br>
 <br>
 <br>
175N Duration of provisional registration<br>
     (1) Provisional registration of a major hazard facility continues in<br>
     force for a period of 3 years (or such longer period as WorkCover may<br>
     specify to the operator of the facility by notice in writing).<br>
     (2) However, provisional registration is terminated by the following:<br>
          (a) the facility becoming registered under Division 3,<br>
          (b) the provisional registration being cancelled under<br>
          Division 4.<br>
     (3) A provisional registration has no effect while the provisional<br>
     registration is suspended under Division 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175O<br>
Provisional registration subject to conditions<br>
 <br>
 <br>
175O Provisional registration subject to conditions<br>
     (1) Provisional registration of a major hazard facility is subject<br>
     to:<br>
          (a) the conditions set out in this Division, and<br>
          (b) any general conditions applying to all provisionally<br>
          registered major hazard facilities:<br>
               (i) that are published in the Gazette by<br>
               WorkCover from time to time, and<br>
               (ii) notice of which has been given in writing to<br>
               the operator by WorkCover, and<br>
          (c) any conditions imposed on the provisional registration<br>
          by WorkCover by notice in writing given to the operator.<br>
               Note: See clause 351 as to the review by the<br>
               Administrative Decisions Tribunal of a decision<br>
               by WorkCover to impose a condition on the<br>
               provisional registration of a major hazard<br>
               facility under this paragraph.<br>
     (2) An operator of a provisionally registered major hazard facility<br>
     must comply with the conditions of that provisional registration.<br>
          Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175P<br>
Conditions of provisional registration<br>
 <br>
 <br>
175P Conditions of provisional registration<br>
     Note: The provisional registration may be subject to other conditions<br>
     under clause 175O (1) (b) and (c).<br>
     (1) It is a condition of provisional registration of a major hazard<br>
     facility that the operator of the facility must, within 6 months of<br>
     the provisional registration or such longer period as WorkCover may<br>
     allow, ensure that:<br>
          (a) a plan for the preparation of a safety report for the<br>
          facility (that complies with any requirements that are<br>
          published in the Gazette by WorkCover from time to time) is<br>
          prepared and submitted to WorkCover, and<br>
          (b) provisional security arrangements (that comply with any<br>
          requirements that are published in the Gazette by WorkCover<br>
          from time to time) are prepared and implemented and details<br>
          of those arrangements are submitted to WorkCover, and<br>
          (c) when preparing provisional security arrangements:<br>
               (i) details of those arrangements are provided to<br>
               the Commissioner of Police, and<br>
               (ii) regard is taken of any written advice<br>
               received from the Commissioner of Police, and<br>
          (d) provisional emergency arrangements (that comply with<br>
          any requirements that are published in the Gazette by<br>
          WorkCover from time to time) are prepared and implemented<br>
          and details of those arrangements are submitted to<br>
          WorkCover, and<br>
          (e) when preparing the provisional emergency arrangements:<br>
               (i) details of those arrangements are provided<br>
               to:<br>
                    (A) the Commissioner of the New South<br>
                    Wales Fire Brigades, and<br>
                    (B) if the premises to which this<br>
                    clause applies are within a rural fire<br>
                    district within the meaning of the<br>
                    Rural Fires Act 1997 —the NSW Rural<br>
                    Fire Service, and<br>
               (ii) regard is taken of any written advice<br>
               received from the Commissioner of the New South<br>
               Wales Fire Brigades.<br>
     (2) It is a condition of provisional registration of a major hazard<br>
     facility that the operator of the facility must, within 12 months of<br>
     the provisional registration or such longer period as WorkCover may<br>
     allow, ensure that a security plan for the facility (that complies<br>
     with any requirements that are published in the Gazette by WorkCover<br>
     from time to time) is prepared and submitted to WorkCover and<br>
     implemented.<br>
     (3) It is a condition of provisional registration of a major hazard<br>
     facility that the operator of the facility must, within 2 years of<br>
     the provisional registration or such longer period as WorkCover may<br>
     allow, ensure that an application under clause 175Q for registration<br>
     of the facility is made.<br>
     (4) It is a condition of provisional registration of a major hazard<br>
     facility that the operator of the facility must ensure that, at the<br>
     time or times specified by WorkCover, such fees are paid to WorkCover<br>
     as are fixed for the time being by WorkCover to cover expenses in<br>
     connection with the regulation of facilities under this Part.<br>
     (5) WorkCover may fix different fee amounts (or no amount) for<br>
     different types of provisionally registered facility.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175Q<br>
Application for registration<br>
 <br>
 <br>
175Q Application for registration<br>
     (1) An operator of a major hazard facility may apply for the<br>
     registration of the facility.<br>
     (2) An application is to be made in writing to WorkCover and is to<br>
     be:<br>
          (a) in the approved form, and<br>
          (b) accompanied by:<br>
               (i) a fee in such amount as WorkCover determines<br>
               as the appropriate amount to cover expenses in<br>
               connection with the processing of applications<br>
               for the registration of a major hazard facility,<br>
               and<br>
               (ii) such documents as WorkCover requires.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175R<br>
WorkCover may register major hazard facilities<br>
 <br>
 <br>
175R WorkCover may register major hazard facilities<br>
     (1) Subject to subclause (3), WorkCover may register a major hazard<br>
     facility.<br>
     (2) Without limiting the reasons for which registration may be<br>
     refused, WorkCover must refuse to register a major hazard facility if<br>
     it is of the opinion that the following persons are not fit and<br>
     proper persons to exercise control over the facility:<br>
          (a) if the operator is an individual—the operator,<br>
          (b) if the operator is a corporation—each director of the<br>
          operator.<br>
     (3) Without limiting the reasons for which registration may be<br>
     refused, WorkCover must not register a major hazard facility unless<br>
     it is satisfied that:<br>
          (a) a safety management system for the facility (that<br>
          complies with any requirements that are published in the<br>
          Gazette by WorkCover from time to time) has been<br>
          established and maintained, and<br>
          (b) a security plan for the facility that complies with the<br>
          following requirements has been submitted to WorkCover and<br>
          has been implemented:<br>
               (i) any requirements that are published in the<br>
               Gazette by WorkCover from time to time,<br>
               (ii) that in preparing the security plan:<br>
                    (A) a draft of the security plan was<br>
                    provided to the Commissioner of Police,<br>
                    and<br>
                    (B) regard was taken of any written<br>
                    advice received from the Commissioner<br>
                    of Police, and<br>
               Note: The security plan submitted to WorkCover<br>
               and implemented under clause 175P (2) may satisfy<br>
               this requirement.<br>
          (c) an emergency plan that complies with the following<br>
          requirements has been submitted to WorkCover and been<br>
          implemented:<br>
               (i) any requirements that are published in the<br>
               Gazette by WorkCover from time to time,<br>
               (ii) that in preparing the emergency plan:<br>
                    (A) a draft of the emergency plan was<br>
                    provided to:<br>
                         (I) the Commissioner of the<br>
                         New South Wales Fire<br>
                         Brigades, and<br>
                         (II) if the facility is<br>
                         within a rural fire district<br>
                         within the meaning of the<br>
                         Rural Fires Act 1997 —the<br>
                         NSW Rural Fire Service, and<br>
                    (B) regard was taken of any written<br>
                    advice received from the Commissioner<br>
                    of the New South Wales Fire Brigades,<br>
                    and<br>
               (iii) that after the emergency plan was submitted<br>
               to WorkCover, it was provided to:<br>
                    (A) the Commissioner of the New South<br>
                    Wales Fire Brigades, and<br>
                    (B) if the facility is within a rural<br>
                    fire district within the meaning of the<br>
                    Rural Fires Act 1997 —the NSW Rural<br>
                    Fire Service, and<br>
          (d) a safety report for the facility (that complies with<br>
          any requirements that are published in the Gazette by<br>
          WorkCover from time to time) has been submitted to<br>
          WorkCover.<br>
     Note: See clause 351 as to the review by the Administrative Decisions<br>
     Tribunal of a decision by WorkCover to refuse to register a major<br>
     hazard facility under this clause.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175S<br>
Duration of registration<br>
 <br>
 <br>
175S Duration of registration<br>
     (1) Unless sooner suspended or cancelled, registration of a major<br>
     hazard facility continues in force for a period of 5 years.<br>
     (2) However, if an application for the renewal of the registration of<br>
     a major hazard facility has been made to WorkCover before the<br>
     registration’s expiry and the application has not been finally<br>
     dealt with, the registration continues in force until WorkCover<br>
     either renews the registration of the facility or refuses the<br>
     renewal.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175T<br>
Registration subject to conditions<br>
 <br>
 <br>
175T Registration subject to conditions<br>
     (1) Registration of a major hazard facility is subject to:<br>
          (a) the conditions set out in this Division, and<br>
          (b) any general conditions applying to all registered major<br>
          hazard facilities:<br>
               (i) that are published in the Gazette by<br>
               WorkCover from time to time, and<br>
               (ii) notice of which has been given in writing to<br>
               the operator by WorkCover, and<br>
          (c) any conditions individually imposed on the registration<br>
          by WorkCover by notice in writing.<br>
               Note: See clause 351 as to the review by the<br>
               Administrative Decisions Tribunal of a decision<br>
               by WorkCover to impose a condition on the<br>
               registration of a major hazard facility under<br>
               this paragraph.<br>
     (2) An operator of a registered major hazard facility must comply<br>
     with the conditions of that registration.<br>
          Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175U<br>
Conditions of registration<br>
 <br>
 <br>
175U Conditions of registration<br>
     Note: The registration may be subject to other conditions under<br>
     clause 175T (1) (b) and (c).<br>
     (1) It is a condition of registration of a major hazard facility that<br>
     the operator of the facility must, at the time or times specified by<br>
     WorkCover, ensure that such fees are paid to WorkCover as are fixed<br>
     for the time being by WorkCover to cover expenses in connection with<br>
     the regulation of facilities under this Part.<br>
     (2) WorkCover may fix different fee amounts (or no amount) for<br>
     different types of registered facility.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175V<br>
Renewal of registration<br>
 <br>
 <br>
175V Renewal of registration<br>
     (1) It is a condition of registration of a major hazard facility that<br>
     the operator of the facility must ensure that an application for<br>
     renewal of the registration of the facility is submitted to WorkCover<br>
     at least 12 months before the expiry of the registration.<br>
     (2) An operator is not required to comply with the condition set out<br>
     in subclause (1) if the operator has notified WorkCover in writing<br>
     that it will cease to operate the major hazard facility during that<br>
     12 month period.<br>
     (3) An application for renewal of registration is to be made in<br>
     writing to WorkCover and is to be:<br>
          (a) in the approved form, and<br>
          (b) accompanied by:<br>
               (i) a fee in such amount as WorkCover determines<br>
               as the appropriate amount to cover expenses in<br>
               connection with the processing of applications<br>
               for the renewal of registration of a major hazard<br>
               facility, and<br>
               (ii) such documents as WorkCover requires.<br>
     (4) WorkCover may renew a registration of a major hazard facility.<br>
          Note: See clause 351 as to the review by the Administrative<br>
          Decisions Tribunal of a decision by WorkCover to renew a<br>
          registration of a major hazard facility under this clause.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175W<br>
Suspension and cancellation<br>
 <br>
 <br>
175W Suspension and cancellation<br>
     (1) WorkCover may suspend or cancel the provisional registration or<br>
     registration of a major hazard facility.<br>
          Note: See clause 351 as to the review by the Administrative<br>
          Decisions Tribunal of a decision by WorkCover to suspend or<br>
          cancel provisional registration or registration of a major<br>
          hazard facility under this clause.<br>
     (2) Without limiting subclause (1), WorkCover may suspend or cancel<br>
     the provisional registration or registration of a major hazard<br>
     facility if it is satisfied that:<br>
          (a) an operator of the facility has contravened a condition<br>
          of the provisional registration or registration, or<br>
          (b) an operator of the facility has contravened a provision<br>
          of the Act or this Regulation, or<br>
          (c) the provisional registration or registration was<br>
          obtained on the basis of false or misleading information or<br>
          the failure to disclose relevant information to WorkCover,<br>
          or<br>
          (d) a major accident at the facility is imminent, or<br>
          (e) the safety management system, security plan, emergency<br>
          plan or safety report for the facility is inadequate, or<br>
          (f) any of the following persons is not a fit and proper<br>
          person to exercise control over the facility:<br>
               (i) if the operator is an individual—the<br>
               operator,<br>
               (ii) if the operator is a corporation—any<br>
               director of the operator.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175X<br>
Duties of employees at major hazard facilities<br>
 <br>
 <br>
175X Duties of employees at major hazard facilities<br>
An employee at a major hazard facility must:<br>
     (a) follow the operator’s procedures relating to the prevention and<br>
     control of major accidents within the facility, and<br>
     (b) follow the operator’s provisional emergency arrangements or<br>
     emergency plan in the event of a major accident occurring or in the<br>
     event of the emergency procedures being activated, and<br>
     (c) inform the operator, as soon as is practicable, of any<br>
     circumstance of any kind that he or she considers capable of leading<br>
     to a major accident, and<br>
     (d) without placing the employee or any other person at risk, take<br>
     corrective action under those prevention and control and emergency<br>
     procedures, consistent with the employee’s training, even if such<br>
     corrective action could interrupt the operation of the facility, and<br>
     (e) notify his or her supervisor of any corrective action taken.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175Y<br>
Recording of major accidents, near misses and security breaches<br>
 <br>
 <br>
175Y Recording of major accidents, near misses and security breaches<br>
     (1) If a major accident or near miss happens at a major hazard<br>
     facility, the operator of the facility must, as soon as practicable:<br>
          (a) record the major accident or near miss, and<br>
          (b) investigate the major accident or near miss and<br>
          determine, so far as is possible, its cause or likely<br>
          cause, and<br>
          (c) record the results of that investigation and any such<br>
          determination, and<br>
          (d) consult with the employees at the facility on ways of<br>
          avoiding major accidents and near misses in the future.<br>
     (2) If a breach of security occurs at a major hazard facility, the<br>
     operator of the facility must, as soon as practicable:<br>
          (a) record the breach of security, and<br>
          (b) investigate the breach of security and determine, so<br>
          far as is possible, its cause or likely cause, and<br>
          (c) record the results of that investigation and any such<br>
          determination, and<br>
          (d) consult with the employees at the facility on ways of<br>
          preventing breaches of security in the future.<br>
     (3) The operator must retain a record created under this clause while<br>
     the major hazard facility continues to operate.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175Z<br>
Security<br>
 <br>
 <br>
175Z Security<br>
     (1) Access systems and other security The operator of a major hazard<br>
     facility must establish and maintain a system of security for, and<br>
     controlled access to, the facility.<br>
     (2) The system must, as far as practicable:<br>
          (a) prevent access by unauthorised persons to the facility,<br>
          and<br>
          (b) prevent unauthorised actions at the facility, and<br>
          (c) ensure that any element of the facility that could<br>
          affect its safe operation (including security documents,<br>
          computer hardware and software and boundary infrastructure)<br>
          is secured.<br>
     (3) Risk assessments and security When identifying the foreseeable<br>
     hazards that arise from the operation of a major hazard facility that<br>
     may lead to, or arise from, a major accident at the facility, the<br>
     operator of the facility must identify the hazards that may be caused<br>
     by a breach of security at the facility.<br>
     (4) The operator of a major hazard facility must review a risk<br>
     assessment, and any measures adopted to control the risk, relating to<br>
     a hazard arising from a major accident caused by a breach of security<br>
     at the facility whenever:<br>
          (a) there is evidence that the risk assessment is no longer<br>
          valid, or<br>
          (b) a significant change is proposed in the facility or in<br>
          work practices or procedures to which the risk assessment<br>
          relates, or<br>
          (c) the Commissioner of Police has directed that such a<br>
          review take place,<br>
     and, in any case, at least once every 2 years.<br>
     (5) In carrying out such a risk assessment, the operator of the major<br>
     hazard facility must take into account any advice received from the<br>
     Commissioner of Police.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175ZA<br>
Informing, instructing and training employees<br>
 <br>
 <br>
175ZA Informing, instructing and training employees<br>
     (1) The operator of a major hazard facility must provide the<br>
     operator’s employees with such information, instruction and<br>
     training in relation to:<br>
          (a) all major accidents that could foreseeably occur at the<br>
          facility, and<br>
          (b) all hazards that could cause, or contribute to causing,<br>
          those major accidents, and<br>
          (c) the implementation of control measures to eliminate or<br>
          control the risk of major accidents, and<br>
          (d) the content and operation of any security plan for the<br>
          facility generally, and<br>
          (e) the content and operation of any safety management<br>
          system for the facility generally,<br>
     as are necessary to enable the employees to perform their work<br>
     (including the actions required of the employees under any security<br>
     plan, emergency plan and any safety role developed for employees) in<br>
     a manner that is safe and without risks to health.<br>
     (2) The operator must ensure that the information, instruction and<br>
     training provided under this regulation are recorded, monitored,<br>
     reviewed and revised in order for them to remain relevant and<br>
     effective.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175ZB<br>
Non-employees at the facility<br>
 <br>
 <br>
175ZB Non-employees at the facility<br>
     (1) The operator of a major hazard facility must ensure that any<br>
     person other than an employee of the operator who enters the facility<br>
     is, as soon as possible after the person enters:<br>
          (a) informed about the hazards at the facility, and<br>
          (b) instructed in the safety precautions the person should<br>
          take while at the facility, and<br>
          (c) instructed in the actions the person should take in the<br>
          event of an emergency plan being activated while he or she<br>
          is at the facility.<br>
     (2) The information and instruction (and the timing of its provision)<br>
     must be commensurate with the risk to health and safety concerned.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175ZC<br>
Operator to retain records of training<br>
 <br>
 <br>
175ZC Operator to retain records of training<br>
An operator of a major hazard facility must retain records in a suitable form<br>
of all training required by clause 13 and this Chapter to be provided to<br>
employees at the facility for at least 5 years after the date of creation of<br>
the record concerned.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175ZD<br>
Records<br>
 <br>
 <br>
175ZD Records<br>
     (1) Unless this Chapter provides otherwise, any document or other<br>
     record required to be created by an operator of a major hazard<br>
     facility under this Chapter is to be retained by the operator for at<br>
     least 15 years after the date of its creation.<br>
          Maximum penalty: Level 1.<br>
     (2) Despite subclause (1), the operator of a major hazard facility<br>
     must retain the following documents and records for at least 5 years<br>
     after the date of the document or record’s creation:<br>
          (a) a document or record relating to a plan for the<br>
          preparation of a safety report for the facility prepared<br>
          under clause 175P (1) (a),<br>
          (b) a document or record relating to any provisional<br>
          security arrangements prepared and implemented under clause<br>
          175P (1) (b),<br>
          (c) a document or record relating to any provisional<br>
          emergency arrangements prepared and implemented under<br>
          clause 175P (1) (d).<br>
          Maximum penalty: Level 1.<br>
     (3) A person who has notified WorkCover of an intention to operate a<br>
     major hazard facility or a potential major hazard facility under<br>
     clause 175F must retain any documents and records relating to that<br>
     notification for at least 5 years after the date of the document or<br>
     record’s creation.<br>
          Maximum penalty: Level 1.<br>
     (4) A person who is required to keep documents or records under this<br>
     clause must make those documents or records available for inspection<br>
     by an inspector or an authorised representative in accordance with a<br>
     request by the inspector or authorised representative and, in any<br>
     event, no later than 7 days after the date of the request.<br>
          Maximum penalty: Level 1.<br>
     (5) In this clause:<br>
     "authorised representative" means an authorised representative within<br>
     the meaning of Division 3 of Part 5 of the Act who is exercising<br>
     functions under that Division.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175ZE<br>
Providing relevant information to other authorities<br>
 <br>
 <br>
175ZE Providing relevant information to other authorities<br>
     (1) WorkCover may give in the course of its administration of this<br>
     Chapter any information it has obtained in the course of that<br>
     administration to other government departments, relevant local<br>
     government councils and the emergency services (whether of this State<br>
     or of the Commonwealth, another State or a Territory).<br>
     (2) In this clause, "emergency service" includes the Roads and<br>
     Traffic Authority.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 175ZF<br>
Co-ordination of plans and reports<br>
 <br>
 <br>
175ZF Co-ordination of plans and reports<br>
     (1) WorkCover may direct operators of different major hazard<br>
     facilities to co-ordinate the preparation of any plan, report or<br>
     other document.<br>
     (2) In order to comply with a direction under subclause (1) relating<br>
     to health and safety, an operator who is the subject of such a<br>
     direction must provide to the other operators subject to the<br>
     direction information concerning any circumstances at the<br>
     operator’s facility that could constitute a hazard in relation to<br>
     the other operators�?facilities.<br>
          Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Chapter 7This Chapter imposes obligations on an employer.<br>
<br>
"Employer", for the purposes of this Chapter, includes self-employed persons<br>
(see clause 3).<br>
<br>
Chapter 2 (Places of work—risk management and other matters) contains further<br>
obligations in relation to the provision of personal protective equipment,<br>
emergency arrangements and first aid facilities by employers.<br>
<br>
Part 5.4 (Working with plant) contains provisions in relation to the<br>
maintenance and repair of plant.<br>
<br>
Part 6.4 (Use of hazardous substances) contains further obligations in relation<br>
to the use of hazardous substances at places of work.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 176<br>
Definitions<br>
 <br>
 <br>
176 Definitions<br>
In this Part:<br>
"electrostatic spray painting" means spray painting using an electrically-<br>
charged spray painting substance.<br>
"spray booth" means a structure that is designed to:<br>
     (a) enclose or otherwise accommodate articles being spray painted,<br>
     and<br>
     (b) control hazards of dust, mist, aerosols, fumes or flammable<br>
     vapours generated by spray painting by use of appropriate exhaust<br>
     ventilation, and<br>
     (c) provide for the prevention of ignition sources,<br>
being a structure that is used only for the purpose of spray painting.<br>
"spray painting" means the process of spraying a spray painting substance that<br>
has been converted into a mist or aerosol onto a surface, whether for<br>
decoration, preservation, insulation or otherwise.<br>
"spray painting substance" means a substance used in spray painting and<br>
includes, but is not limited to, paints, powders, lacquers, paint removers,<br>
rust converters and removers, surface preparation and removers, surface<br>
preparation products, resins, solvents and thinners.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 176A<br>
Application<br>
 <br>
 <br>
176A Application<br>
This Part applies in addition to the other provisions of this Regulation.<br>
     Note: In particular, see clause 164 (Use of hazardous substances)<br>
     which prohibits the use of certain hazardous substances in spray<br>
     painting and clause 165 (Employer to provide health surveillance)<br>
     which requires employers to provide health surveillance if there is a<br>
     risk to health through exposure to hazardous substances.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 177<br>
Spray painting in spray booths—particular risk control measures<br>
 <br>
 <br>
177 Spray painting in spray booths—particular risk control measures<br>
An employer must ensure that:<br>
     (a) spray painting is carried out in a spray booth, and<br>
     (b) no persons (other than persons required to be in the spray booth<br>
     as part of the spraying process) are in a spray booth during spray<br>
     painting, and<br>
     (c) any persons in a spray booth during spray painting are wearing<br>
     appropriate personal protective equipment.<br>
     Maximum penalty: Level 3.<br>
     Note: See clause 51 (Atmospheric contaminants—particular risk<br>
     control measures) for prohibition of exposure to atmospheric<br>
     contaminants above specified exposure levels.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 178<br>
Spray painting outside spray booths—particular risk control measures<br>
 <br>
 <br>
178 Spray painting outside spray booths—particular risk control measures<br>
     (1) This clause applies to spray painting other than spray painting<br>
     carried out in a spray booth.<br>
          Note: Despite clause 177 (a), an employer may carry out<br>
          spray painting other than in a spray booth if the employer<br>
          proves that compliance with that clause is not reasonably<br>
          practicable (see section 28 of the Act which provides a<br>
          defence to proceedings in those circumstances).<br>
     (2) An employer must ensure that spray painting to which this clause<br>
     applies:<br>
          (a) is carried out in the open air at least 6 metres from<br>
          every building and from every other thing that might<br>
          obstruct ventilation, and<br>
          (b) is effectively isolated from every other process in<br>
          which persons are employed and that is within 6 metres<br>
          (measured in any direction) from the place at which the<br>
          spray painting substance is being applied, and<br>
          (c) is effectively isolated from all plant, machinery and<br>
          equipment that is, or may become, a source of ignition and<br>
          that is within 2 metres, measured vertically above, and 6<br>
          metres, measured in other directions, from the place at<br>
          which the spray painting substance is being applied.<br>
     (3) If it is not reasonably practicable (within the meaning of<br>
     section 28 of the Act) for an employer to ensure that the spray<br>
     painting is carried out in the open air as required by subclause (2)<br>
     (a), the employer must ensure that:<br>
          (a) the place where the spray painting is carried out is<br>
          adequately ventilated (by natural or mechanical<br>
          ventilation), and<br>
          (b) the spray painting is effectively isolated in<br>
          accordance with subclause (2) (b) and (c).<br>
     (4) For the purposes of this clause, spray painting is not<br>
     effectively isolated:<br>
          (a) from another process if a substance from the spray<br>
          painting can be inhaled by a person engaged in the other<br>
          process, or<br>
          (b) from plant, machinery or equipment if there is a risk<br>
          that a substance from the spray painting will be ignited by<br>
          a source of ignition from or associated with the plant,<br>
          machinery or equipment.<br>
     (5) An employer must ensure that persons carrying out spray painting<br>
     to which this clause applies are wearing appropriate personal<br>
     protective equipment.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 179<br>
Electrostatic spray painting—particular risk control measures<br>
 <br>
 <br>
179 Electrostatic spray painting—particular risk control measures<br>
     (1) An employer must ensure that equipment used to carry out<br>
     electrostatic spray painting is provided with automatic controls that<br>
     will, if any conveyor carrying articles through the high voltage<br>
     electric field stops:<br>
          (a) disconnect the power supply to any high voltage<br>
          transformer used in the process, and<br>
          (b) give a warning of the stoppage.<br>
     (2) An employer must ensure that, if electrostatic spray painting is<br>
     carried out using a hand-held device, the following items are<br>
     effectively earthed:<br>
          (a) the handle of the device,<br>
          (b) the articles being painted,<br>
          (c) if the painting is carried out in a spray booth:<br>
               (i) all metal work of the booth, and<br>
               (ii) all metal articles inside the booth or<br>
               within 2 metres of the booth.<br>
     (3) An employer must ensure that a clearly legible warning notice<br>
     bearing the words “DANGER—HIGH VOLTAGE�? is exhibited in a<br>
     clearly visible position on equipment used to carry out electrostatic<br>
     spray painting.<br>
     (4) An employer must ensure that equipment used to carry out<br>
     electrostatic spray painting cannot be used unless the exhaust system<br>
     is in operation.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 180<br>
Definitions<br>
 <br>
 <br>
180 Definitions<br>
In this Part:<br>
"abrasive blasting" means the process of cleaning, smoothing, roughening,<br>
cutting, preparing or removing the surface, or part of the surface, of any<br>
article or building by means of blasting, blowing, throwing or otherwise<br>
propelling an abrasive substance against the article or building, including the<br>
propelling of an abrasive substance by means of blasting steam or water at a<br>
high pressure.<br>
"abrasive blasting enclosure" means a structure that is designed to:<br>
     (a) enclose or otherwise accommodate articles being abrasive blasted,<br>
     and<br>
     (b) isolate or minimise hazards of dusts or debris generated by<br>
     abrasive blasting, and<br>
     (c) provide for the prevention of ignition sources, and<br>
     (d) safely filter and discharge any exhaust ventilation to a suitable<br>
     point outside the workplace,<br>
being a structure that is used only for the purpose of abrasive blasting.<br>
"abrasive substance" means any substance used as an abrasive for the purpose of<br>
abrasive blasting.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 181<br>
Application<br>
 <br>
 <br>
181 Application<br>
This Part applies in addition to the other provisions of this Regulation.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 182<br>
Abrasive blasting—particular risk control measures<br>
 <br>
 <br>
182 Abrasive blasting—particular risk control measures<br>
     (1) An employer must ensure that:<br>
          (a) abrasive blasting is carried out in an abrasive<br>
          blasting enclosure if reasonably practicable, and<br>
          (b) no persons (other than persons required to be in the<br>
          abrasive blasting enclosure as part of the blasting<br>
          process) are in an abrasive blasting enclosure during<br>
          abrasive blasting, and<br>
          (c) any persons in an abrasive blasting enclosure during<br>
          abrasive blasting are wearing appropriate personal<br>
          protective equipment.<br>
     (2) If it is not reasonably practicable to carry out abrasive<br>
     blasting in an abrasive blasting enclosure, an employer must ensure<br>
     that:<br>
          (a) any area exposed to dust is minimised, and<br>
          (b) adequate signs to warn of the hazards of the blasting<br>
          are provided, and<br>
          (c) persons not carrying out the blasting are not permitted<br>
          to enter an area in which there is a risk of exposure to<br>
          atmospheric contaminants, and<br>
          (d) persons carrying out the blasting are wearing<br>
          appropriate personal protective equipment.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 183<br>
Supply of respirators and personal protective equipment<br>
 <br>
 <br>
183 Supply of respirators and personal protective equipment<br>
     (1) An employer must ensure that persons who are carrying out<br>
     abrasive blasting and who may be exposed to atmospheric contaminants<br>
     arising from the blasting are provided with an air supplied<br>
     respirator if the persons may be exposed to atmospheric contaminants<br>
     exceeding the appropriate exposure standard referred to in clause 51<br>
     (Atmospheric contaminants—particular risk control measures).<br>
     (2) An employer must ensure that other persons (including those<br>
     carrying out maintenance or repair work on abrasive blasting<br>
     equipment) who may be exposed to atmospheric contaminants arising<br>
     from abrasive blasting are provided with appropriate personal<br>
     protective equipment if the persons may be exposed to atmospheric<br>
     contaminants exceeding the appropriate exposure standard referred to<br>
     in clause 51.<br>
     Maximum penalty: Level 3.<br>
     Note: Also see clause 15 (Provision by an employer of personal<br>
     protective equipment).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 184<br>
Control of substances used in abrasive blasting<br>
 <br>
 <br>
184 Control of substances used in abrasive blasting<br>
An employer must ensure that substances that may result in the exposure of<br>
persons to atmospheric contaminants exceeding the appropriate exposure standard<br>
referred to in clause 51 are not used for the purpose of abrasive blasting.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 185<br>
Definition<br>
 <br>
 <br>
185 Definition<br>
In this Part:<br>
"welding" includes any metal welding or similar process, such as fusion welding<br>
(including arc welding, gas welding and laser beam welding), spot welding,<br>
braze welding and thermal cutting (including oxygen and plasma cutting).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 186<br>
Application<br>
 <br>
 <br>
186 Application<br>
This Part applies in addition to the other provisions of this Regulation.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 187<br>
Exposure to atmospheric contaminants and other hazards—particular risk<br>
control measures<br>
 <br>
 <br>
187 Exposure to atmospheric contaminants and other hazards—particular risk<br>
control measures<br>
     (1) An employer must ensure that exposure of persons to atmospheric<br>
     contaminants arising from welding, including fumes, gases and vapours<br>
     emitted from materials consumed during welding and from materials<br>
     being welded, is controlled by use of one or more of the following<br>
     measures (in descending order of priority):<br>
          (a) substituting a less hazardous process, material or<br>
          procedure,<br>
          (b) using appropriate ventilation.<br>
     (2) An employer must ensure that persons directly involved in welding<br>
     are wearing appropriate personal protective equipment.<br>
     (3) An employer must ensure that adequate signs to warn of the<br>
     hazards are provided at or near any area in which there is a risk of<br>
     exposure of persons to hazards arising from welding.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 188<br>
Supply of respirators<br>
 <br>
 <br>
188 Supply of respirators<br>
An employer must ensure that any person who may be exposed to atmospheric<br>
contaminants arising from welding, including fumes, vapours or gases emitted<br>
from materials consumed during welding and from materials being welded, is<br>
provided with suitable respiratory protection if the person may be exposed to<br>
atmospheric contaminants exceeding the appropriate exposure standard referred<br>
to in clause 51 (Atmospheric contaminants—particular risk control measures).<br>
     Maximum penalty: Level 3.<br>
     Note: Also see clause 15 (Provision by an employer of personal<br>
     protective equipment).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 189<br>
Ultraviolet radiation—particular risk control measures<br>
 <br>
 <br>
189 Ultraviolet radiation—particular risk control measures<br>
An employer must ensure that risks associated with exposure of persons to<br>
harmful levels of ultraviolet radiation at or near the site of welding are<br>
controlled by use of the following measures (in descending order of priority):<br>
     (a) using appropriate screens to provide protection from ultraviolet<br>
     radiation,<br>
     (b) ensuring that persons required to be in an area in which there is<br>
     a risk of exposure to ultraviolet radiation are wearing appropriate<br>
     protective equipment,<br>
     (c) ensuring that persons who are not carrying out welding are not<br>
     permitted to enter an area in which there is a risk of exposure to<br>
     ultraviolet radiation and that adequate signs to warn of the hazards<br>
     are provided.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 190<br>
Definition<br>
 <br>
 <br>
190 Definition<br>
In this Part:<br>
"electroplating" means the process of applying a deposit of metal onto an<br>
article, or any part of an article, by electrolytic means, including the<br>
ancillary process of polishing, brightening or cleaning the article by<br>
electrolytic or chemical means.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 191<br>
Application<br>
 <br>
 <br>
191 Application<br>
This Part applies in addition to the other provisions of this Regulation.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 192<br>
Exposure to atmospheric contaminants and other hazards—particular risk<br>
control measures<br>
 <br>
 <br>
192 Exposure to atmospheric contaminants and other hazards—particular risk<br>
control measures<br>
     (1) An employer must ensure that exposure of persons to atmospheric<br>
     contaminants arising from electroplating is controlled by use of one<br>
     or more of the following measures (in descending order of priority):<br>
          (a) substituting a less hazardous process, material or<br>
          procedure,<br>
          (b) using appropriate ventilation or fume suppressants, or<br>
          both.<br>
     (2) An employer must ensure that, if the persons exposed to<br>
     atmospheric contaminants arising from electroplating are persons<br>
     involved in the cleaning or maintenance of equipment used in<br>
     electroplating, the exposure is controlled by using appropriate<br>
     ventilation and the provision of appropriate personal protective<br>
     equipment.<br>
     (3) An employer must ensure that adequate provision is made to<br>
     minimise the consequences of dangerous spills or splashes arising<br>
     from electroplating by the supply, appropriate to the level of risk,<br>
     of spill kits, safety showers, eye wash and personal protective<br>
     equipment for splash protection.<br>
     (4) An employer must ensure that adequate signs to warn of the<br>
     hazards are provided at or near any area in which there is a risk of<br>
     exposure of persons to hazards arising from electroplating.<br>
     (5) An employer must ensure that persons who are not carrying out<br>
     electroplating are not permitted to enter an area in which there is a<br>
     risk of exposure to hazards arising from electroplating.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 193<br>
Labelling of containers<br>
 <br>
 <br>
193 Labelling of containers<br>
An employer must ensure that every container of a substance (whether hazardous<br>
or not) used in electroplating is clearly labelled with the name of the<br>
substance at all times.<br>
     Maximum penalty: Level 3.<br>
     Note: This clause is in addition to clauses 156 (Supplier to ensure<br>
     hazardous substances are labelled) and 163 (Employer to ensure<br>
     containers are labelled) (to the extent that those clauses apply to<br>
     the containers referred to in the clause).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 194<br>
Cyanide—particular risk control measures<br>
 <br>
 <br>
194 Cyanide—particular risk control measures<br>
An employer must ensure that any electroplating process involving cyanide<br>
complies with the following:<br>
     (a) containers of corrosives involved in the process must be<br>
     separated from any container of cyanide by at least one water rinse<br>
     tank,<br>
     (b) cyanide not being used in the process must be kept in containers<br>
     that are stored in a manner that prevents them from coming into<br>
     contact with a liquid,<br>
     (c) containers of corrosives not directly involved in the process<br>
     must not be kept in a storage area in which cyanide is kept,<br>
     (d) a person is available to provide first aid in the case of cyanide<br>
     poisoning and an emergency kit suitable for treating cyanide<br>
     poisoning, together with an appropriate respirator, is provided in a<br>
     suitable location for use by that person,<br>
     (e) a notice with respect to the treatment of persons for cyanide<br>
     poisoning is exhibited in a suitable location where cyanide is used<br>
     or stored.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 195<br>
Definitions<br>
 <br>
 <br>
195 Definitions<br>
In this Part:<br>
"molten metal work" means any work process in which metals are melted, poured<br>
and moulded.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 196<br>
Application<br>
 <br>
 <br>
196 Application<br>
This Part applies in addition to the other provisions of this Regulation.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 197<br>
Atmospheric contaminants and other hazards—particular risk control measures<br>
 <br>
 <br>
197 Atmospheric contaminants and other hazards—particular risk control<br>
measures<br>
     (1) An employer must ensure that exposure of persons to atmospheric<br>
     contaminants from molten metal work, including toxic or noxious<br>
     fumes, dust or gases emitted during the melting, pouring and moulding<br>
     processes, is controlled by use of the following measures (in<br>
     descending order of priority):<br>
          (a) isolation of the work,<br>
          (b) installation of extractive ventilation or measures of<br>
          equivalent effectiveness.<br>
     (2) An employer must ensure that persons directly involved in molten<br>
     metal work are wearing appropriate personal protective equipment<br>
     (including, where appropriate, respiratory equipment and equipment<br>
     for protection against impact, radiation or heat).<br>
     (3) An employer must ensure that adequate signs to warn of the<br>
     hazards are provided at or near any area in which there is a risk of<br>
     exposure of persons to hazards arising from molten metal work.<br>
     (4) An employer must ensure that persons who are not carrying out<br>
     molten metal work are not permitted to enter any area in which there<br>
     is a risk of exposure to hazards arising from molten metal work.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 198<br>
Exposure to radiation—particular risk control measures<br>
 <br>
 <br>
198 Exposure to radiation—particular risk control measures<br>
An employer must ensure that exposure of persons to heat and infra-red and<br>
ultra-violet radiation generated by molten metal work is controlled by use of<br>
the following measures (in descending order of priority):<br>
     (a) isolation of the heat or radiation generating process from the<br>
     work space,<br>
     (b) shielding the persons concerned from the heat or radiation.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 199<br>
Definitions<br>
 <br>
 <br>
199 Definitions<br>
In this Part:<br>
"blood lead level" means the concentration in whole blood expressed in<br>
micromoles per litre (µmol/L) or micrograms per decilitre (µg/dL).<br>
"lead" means lead metal, inorganic lead compounds and lead salts of organic<br>
acids.<br>
"lead process" means any one of the following processes:<br>
     (a) any work that exposes a person to lead dust in air or lead fumes<br>
     arising from the manufacture or handling of a dry lead compound,<br>
     except galena (lead sulphide) when its character or composition<br>
     remains unchanged,<br>
     (b) any work connected with the manufacture, assembly, handling or<br>
     repair of, or parts of, electric accumulators (batteries) that<br>
     involves the manipulation of dry lead compounds, pasting or casting<br>
     lead,<br>
     (c) breaking up or dismantling of lead accumulators and the sorting,<br>
     packing and handling of plates or other parts containing lead removed<br>
     or recovered from those accumulators,<br>
     (d) spraying with molten lead, alloys or lead paint containing more<br>
     than 5 per cent by weight of lead,<br>
     (e) melting or casting of lead alloys containing more than 5 per cent<br>
     by weight of lead in which the temperature of the molten material is<br>
     more than 450 degrees Celsius,<br>
     (f) recovery of lead from its ores, oxides or other compounds by a<br>
     thermal reduction process,<br>
     (g) dry machine grinding, discing, buffing or cutting by power tools<br>
     of lead or alloy containing more than 5 per cent by weight of lead,<br>
     (h) machine sanding or buffing of surfaces coated with paint<br>
     containing more than one per cent by dry weight of lead,<br>
     (i) any process by which electric arc, oxy-acetylene, oxy gas, plasma<br>
     arc or a flame is applied, for the purposes of welding, cutting or<br>
     cleaning, to the surface of any metal that is coated with lead or<br>
     paint containing more than one per cent by dry weight of lead,<br>
     (j) radiator repairs if exposure to lead dust or fumes may occur,<br>
     (k) fire assay if lead is used,<br>
     (l) melting of lead or alloy containing more than 50 per cent lead by<br>
     weight if the exposed surface area of the molten material is more<br>
     than 0.1 square metres and the temperature of the molten material<br>
     exceeds 450 degrees Celsius.<br>
"lead risk work" means a lead process or a work activity or sequence of<br>
activities at a specific area within a place of work in which the blood lead<br>
level of an employee might reasonably be expected to rise or does rise above<br>
1.45 µmol/L (30 µg/dL).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 200<br>
Application<br>
 <br>
 <br>
200 Application<br>
This Part applies in addition to the other provisions of this Regulation.<br>
     Note: In particular, note that the provisions of Part 6.4 apply to<br>
     the use of all hazardous substances (including lead) at work and,<br>
     among other things, require employers to provide health surveillance<br>
     for employees if there is a risk to health resulting from exposure to<br>
     a hazardous substance. Those provisions apply whether or not the use<br>
     constitutes a lead process or lead risk work for the purposes of this<br>
     Part. Also note that clause 345 requires persons to give WorkCover<br>
     notice of any proposed lead risk work.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 201<br>
Employer to control risks from lead<br>
 <br>
 <br>
201 Employer to control risks from lead<br>
     (1) An employer at a place of work at which a lead process is carried<br>
     out must ensure that contamination by lead is confined to the area in<br>
     which the lead process is carried out (a "lead process area") and<br>
     that lead contamination of the surrounding environment does not<br>
     occur.<br>
          Maximum penalty: Level 4.<br>
     (2) An employer must ensure that:<br>
          (a) a lead process area is kept as clean as is practicable,<br>
          and<br>
          (b) compressed air, compressed gas or dry sweeping cleaning<br>
          methods are not used in a lead process area, and<br>
          (c) no employee eats, drinks, chews gum, smokes or carries<br>
          smoking materials in a lead process area, and<br>
          (d) any eating or drinking facilities provided at the<br>
          workplace cannot be contaminated with lead, and<br>
          (e) employees working in a lead process area wear<br>
          appropriate personal protective equipment, and<br>
          (f) changing rooms and washing, showering and toilet<br>
          facilities appropriate to the lead process carried out are<br>
          provided and maintained in good working order, and<br>
          (g) employees remove clothing and equipment contaminated<br>
          with lead, and wash their hands and faces, before entering<br>
          an area provided at the workplace for eating and drinking.<br>
          Maximum penalty: Level 3.<br>
     (3) An employer must arrange for the laundering of protective work<br>
     clothing that may have been contaminated by lead.<br>
          Maximum penalty (subclause (3)): Level 2.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 202<br>
Biological monitoring and health surveillance<br>
 <br>
 <br>
202 Biological monitoring and health surveillance<br>
     (1) In the case of lead risk work, any biological monitoring required<br>
     to be performed under Part 6.4 must consist of the measurement of<br>
     lead in whole blood or packed red cells, sampled as capillary or<br>
     venous blood (as appropriate) and related measurements, as required.<br>
     (2) In the case of lead risk work, health surveillance (additional to<br>
     that required to be performed under Part 6.4) must be performed:<br>
          (a) in relation to an employee who is carrying out lead<br>
          risk work at 1 September 2001—as soon as practicable<br>
          after that date, or<br>
          (b) in relation to an employee who commences lead risk work<br>
          after 1 September 2001:<br>
               (i) before the employee commences the work<br>
               (except biological monitoring), and<br>
               (ii) within one month of the commencement of the<br>
               work, and<br>
               (iii) as soon as practicable after 2 months of<br>
               the commencement of the work, and<br>
               (iv) as soon as practicable after 6 months of the<br>
               commencement of the work.<br>
     (3) In the case of lead risk work, the biological monitoring required<br>
     to be performed under Part 6.4 and subclause (1) must be performed at<br>
     the following intervals:<br>
          (a) for females of reproductive capacity:<br>
               (i) within 3 months of the last biological<br>
               monitoring if the result of that last monitoring<br>
               shows a blood lead level of less than 0.48 µmol/<br>
               L (10 µg/dL), or<br>
               (ii) within 6 weeks of the last biological<br>
               monitoring if the result of the last monitoring<br>
               shows a blood lead level result of 0.48 µmol/L<br>
               (10 µg/dL) or more,<br>
          (b) for females not of reproductive capacity and males:<br>
               (i) within 6 months of the last biological<br>
               monitoring if the result of the last monitoring<br>
               shows a blood lead level result of less than 1.45<br>
               µmol/L (30 µg/dL), or<br>
               (ii) within 3 months of the last biological<br>
               monitoring if the result of the last monitoring<br>
               shows a blood lead level of 1.45 µmol/L (30 µg/<br>
               dL) or more but less than 1.93 µmol/L (40 µg/<br>
               dL), or<br>
               (iii) within 6 weeks of the last biological<br>
               monitoring if the result of the last monitoring<br>
               shows a blood lead level of 1.93 µmol/L (40 µg/<br>
               dL) or more.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 203<br>
Employer to remove certain employees from lead risk work<br>
 <br>
 <br>
203 Employer to remove certain employees from lead risk work<br>
     (1) An employer must ensure that an employee ceases to carry out lead<br>
     risk work if the employer or employee considers that the employee has<br>
     received an excessive exposure to lead in the workplace and the<br>
     results of biological monitoring on the employee show the confirmed<br>
     blood lead level of the employee as:<br>
          (a) 0.72 µmol/L (15 µg/dL) or more for females who are<br>
          pregnant or breast feeding, or<br>
          (b) 0.97 µmol/L (20 µg/dL) or more for other females of<br>
          reproductive capacity, or<br>
          (c) 2.41 µmol/L (50 µg/dL) or more for females not of<br>
          reproductive capacity and males.<br>
     (2) An employer must ensure that an employee referred to in subclause<br>
     (1) receives a medical examination by an authorised medical<br>
     practitioner within 7 days of the employer determining that the<br>
     employee should cease carrying out lead risk work.<br>
     (3) An employer must ensure that an employee referred to in subclause<br>
     (1) does not carry out lead risk work until:<br>
          (a) the employee’s confirmed blood lead level is less<br>
          than:<br>
               (i) 0.48 µmol/L (10 µg/dL) for females of<br>
               reproductive capacity, or<br>
               (ii) 1.93 µmol/L (40 µg/dL) for females not of<br>
               reproductive capacity and males, and<br>
          (b) the employee is certified as fit to return to lead risk<br>
          work by an authorised medical practitioner.<br>
     (4) An employer must keep a record that includes the following<br>
     particulars:<br>
          (a) the date on which an employee ceased to carry out lead<br>
          risk work in accordance with this clause and the date on<br>
          which the employee recommenced such work,<br>
          (b) the name, sex and date of birth of the employee.<br>
          Note: The record must be retained for at least 5 years. See<br>
          clause 171.<br>
     (5) In this clause:<br>
     "confirmed blood lead level" means the concentration of lead in<br>
     venous whole blood.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 204<br>
Pregnant or breastfeeding employee to advise employer<br>
 <br>
 <br>
204 Pregnant or breastfeeding employee to advise employer<br>
An employee employed to carry out lead risk work who:<br>
     (a) knows she is pregnant, or<br>
     (b) is breast feeding,<br>
must advise her employer of that fact as soon as practicable.<br>
     Maximum penalty: Level 2.<br>
     Note: See also clause 28 for obligation of employee to notify<br>
     employer of any matter that may affect employer’s obligations under<br>
     this Regulation.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Part 7.7See also Division 3 of Part 4.2 (Electricity—duties of<br>
controllers of premises) and Division 8 of Part 4.3 (Electricity—duties of<br>
employers).<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 205<br>
Definitions<br>
 <br>
 <br>
205 Definitions<br>
In this Part:<br>
"electrical installation" has the same meaning as in Chapter 4.<br>
"safe work method statement" means a statement that:<br>
     (a) describes how work is to be carried out, and<br>
     (b) identifies the work activities assessed as having safety risks,<br>
     and<br>
     (c) identifies the safety risks, and<br>
     (d) describes the control measures that will be applied to the work<br>
     activities,<br>
and includes a description of the equipment used in the work, the standards or<br>
codes to be complied with, the qualifications of the personnel doing the work<br>
and the training required to do the work.<br>
     Note: See Chapter 2 for provisions relating to the identification,<br>
     assessment and control of risks.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 206<br>
Application<br>
 <br>
 <br>
206 Application<br>
This Part applies in addition to the other provisions of this Regulation.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 207<br>
Electrical work on electrical installations—safety measures<br>
 <br>
 <br>
207 Electrical work on electrical installations—safety measures<br>
     (1) An employer must ensure that any electrical work on an electrical<br>
     installation at a place of work is carried out using a safe system of<br>
     work.<br>
     (2) An employer must ensure that such work is not carried out while<br>
     the circuits and apparatus of the part of the installation that is<br>
     being worked on are energised.<br>
     (3) The safe system of work must include:<br>
          (a) checks to ensure that the circuits and apparatus of the<br>
          part of the installation that is being worked on are not<br>
          energised before work commences and remain that way until<br>
          the work is completed, and<br>
          (b) measures to eliminate or control the risk of the person<br>
          carrying out the work inadvertently contacting any part of<br>
          the installation that remains energised.<br>
     (4) Despite subclause (2), electrical work on an electrical<br>
     installation may be carried out while the circuits and apparatus of<br>
     the part of the installation that is being worked on are energised if<br>
     it is necessary to do so in the interests of safety and the risk of<br>
     harm would be greater if the circuits and apparatus were de-energised<br>
     before work commenced. In these circumstances the employer must<br>
     ensure that:<br>
          (a) before the work is commenced, a written risk assessment<br>
          has been completed in respect of the work in consultation<br>
          with the persons proposing to do the work, and<br>
          (b) the work is carried out in accordance with a safe work<br>
          method statement for the work, and<br>
          (c) the work has been authorised by the person in control<br>
          of the premises, and<br>
          (d) the persons doing the work are appropriately qualified,<br>
          trained and instructed in safe work practices for the<br>
          particular task, including the proper use of test<br>
          equipment, tools, accessories and personal protective<br>
          equipment, and<br>
          (e) appropriate test equipment and tools and accessories<br>
          are provided to the persons doing the work, are properly<br>
          used and are well maintained, and<br>
          (f) appropriate clothing and personal protective equipment<br>
          for the work are provided to the persons doing the work and<br>
          are properly worn and used, and<br>
          (g) the isolation point of the relevant electrical supply<br>
          has been clearly identified and is able to be reached and<br>
          operated quickly without any need to negotiate or remove<br>
          obstacles, and<br>
          (h) the work area is clear of obstruction so as to enable<br>
          entry and exit quickly and safely, and<br>
          (i) unauthorised persons are prevented from entering the<br>
          work area by signage or barriers, or both, and<br>
          (j) the work is undertaken in the presence of a safety<br>
          observer who is competent to perform the particular task<br>
          that is to be carried out and is competent in electrical<br>
          rescue and cardio-pulmonary resuscitation, and<br>
          (k) in the case of electrical work at a mining workplace or<br>
          coal workplace, notice is given of the proposed work, at<br>
          least 7 days before the work commences, to an inspector<br>
          appointed in relation to the mining workplace or coal<br>
          workplace.<br>
     (5) This clause does not apply to electrical work carried out under a<br>
     plan required to be lodged under the Electricity Supply (Safety and<br>
     Network Management) Regulation 2002 or to electrical testing referred<br>
     to in clause 208.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 208<br>
Electrical testing on electrical installations—safety measures<br>
 <br>
 <br>
208 Electrical testing on electrical installations—safety measures<br>
     (1) An employer must ensure that persons conducting tests for the<br>
     integrity and operability of energised circuits and apparatus of an<br>
     electrical installation at a place of work conduct the tests in a<br>
     safe manner.<br>
     (2) Without limiting the generality of subclause (1), the employer<br>
     must ensure that:<br>
          (a) a safe system of work is used that includes:<br>
               (i) a risk assessment in respect of the tests,<br>
               and<br>
               (ii) measures to eliminate or control the risk of<br>
               the persons conducting the tests inadvertently<br>
               contacting any part of the installation that is<br>
               energised (including safe work practices to<br>
               minimise the risk of inadvertent contact, if the<br>
               risk cannot be eliminated), and<br>
          (b) appropriate test equipment is provided and properly<br>
          used by appropriately trained persons, and<br>
          (c) appropriate personal protective equipment is provided<br>
          and used by the persons conducting the tests, and<br>
          (d) if necessary to minimise a risk identified by the risk<br>
          assessment, the tests are conducted in the presence of a<br>
          safety observer who is competent to assist the persons who<br>
          are conducting the tests and who is competent in electrical<br>
          rescue and cardio-pulmonary resuscitation.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Chapter 8This Part imposes obligations on an employer.<br>
<br>
"Employer", for the purposes of this Chapter, includes self-employed persons<br>
(see clause 3).<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 209<br>
Definitions<br>
 <br>
 <br>
209 Definitions<br>
In this Chapter:<br>
"construction site" means the site of construction work (either in progress or<br>
suspended).<br>
"falling objects" means objects (including materials, debris, tools and<br>
equipment) that fall or rebound during construction work.<br>
"formwork" means the surface, supports and framing used to define the shape of<br>
concrete until it becomes self-supporting.<br>
"high risk construction work" means any of the following:<br>
     (a) construction work involving structural alterations that require<br>
     temporary support,<br>
     (b) construction work at a height above 3 metres,<br>
     (c) construction work involving excavation to a depth greater than<br>
     1.5 metres,<br>
     (d) demolition work for which a licence is not required under Chapter<br>
     10 to carry on the business of that work,<br>
     (e) construction work in tunnels,<br>
     (f) construction work involving the use of explosives,<br>
     (g) construction work near traffic or mobile plant,<br>
     (h) construction work in or around gas or electrical installations,<br>
     (i) construction work over or adjacent to water where there is a risk<br>
     of drowning.<br>
"overhead protective structure" means an overhead structure designed to<br>
protect:<br>
     (a) persons at a construction site, or<br>
     (b) public places or other property (or persons on public places or<br>
     other property) adjoining a construction site.<br>
"principal contractor", in relation to construction work (or a construction<br>
project involving construction work), means a person who is, under clause 210,<br>
for the time being appointed or taken to be the principal contractor for the<br>
construction work.<br>
"qualified engineer" for a task means a person qualified for member grade of<br>
the Australian Institution of Engineers, having not less than 4 years post-<br>
qualification professional engineering experience in that task.<br>
"structural frames" includes steelwork, post-tensioning and pre-cast concrete,<br>
timber or masonry frames of any part of a building or structure.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 210<br>
Appointment of principal contractor<br>
 <br>
 <br>
210 Appointment of principal contractor<br>
     (1) This clause applies to any place of work at which:<br>
          (a) construction work is undertaken and the cost of the<br>
          work exceeds $250,000, or<br>
          (b) high risk construction work is undertaken and the cost<br>
          of the work does not exceed $250,000, or<br>
          (c) demolition work or asbestos removal work for which a<br>
          licence is required under Chapter 10 to carry on the<br>
          business of that work is undertaken (regardless of the cost<br>
          of the work).<br>
     (1A) Despite subclause (1), this clause does not apply to the<br>
     following places of work at which the work referred to in the<br>
     subclause is undertaken:<br>
          (a) a mining workplace that is a mine for which there is an<br>
          operator nominated under the Mine Health and Safety Act<br>
          2004, or<br>
          (b) a coal workplace for which there is an operator<br>
          nominated under the Coal Mine Health and Safety Act 2002.<br>
     (2) An owner of a place of work to which this clause applies must:<br>
          (a) appoint a principal contractor for the construction<br>
          work carried out by or on behalf of the owner, and<br>
          (b) authorise the principal contractor who is appointed to<br>
          exercise such authority of the owner as is necessary to<br>
          enable the principal contractor to discharge the<br>
          responsibilities imposed on a principal contractor by this<br>
          Part.<br>
     (3) A person cannot be appointed as a principal contractor unless the<br>
     person is responsible for the construction work at all times until<br>
     the work is completed.<br>
     (4) If a principal contractor is not appointed in relation to<br>
     demolition work or asbestos removal work referred to in subclause (1)<br>
     (c), the employer carrying out that work is taken to be the principal<br>
     contractor for the work.<br>
     (5) Nothing in this clause prevents an owner from appointing itself<br>
     as the principal contractor for the construction work.<br>
     (6) Subject to subclause (4), if an owner does not appoint a<br>
     principal contractor for the construction work, the owner is taken to<br>
     be the principal contractor for the construction work.<br>
     (7) An owner must ensure that signs, that are clearly visible from<br>
     outside the site and on which the name and contact telephone numbers<br>
     (including an after hours emergency telephone number) of the<br>
     principal contractor are stated, are placed on each construction<br>
     site.<br>
     (8) In this clause:<br>
     "owner" has the same meaning as in the Local Government Act 1993.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 211<br>
Cost of construction work<br>
 <br>
 <br>
211 Cost of construction work<br>
For the purposes of this Chapter, the cost of any construction work is:<br>
     (a) the cost of the work as assessed for the purposes of the payment<br>
     of any fee for approval to carry out the work under the Environmental<br>
     Planning and Assessment Act 1979, or<br>
     (b) if there is no such cost assessed, the contract price for<br>
     carrying out the work, or<br>
     (c) if there is no such contract price, the value of the work carried<br>
     out.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Part 8.2This Part imposes obligations on principal contractors and<br>
employers to ensure that occupational health and safety induction training has<br>
been undertaken by construction workers and requires self-employed construction<br>
workers to undertake such training. The provisions apply with respect to all<br>
construction work.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 212<br>
Definitions<br>
 <br>
 <br>
212 Definitions<br>
In this Part:<br>
"Code of Practice" means the National Code of Practice for Induction for<br>
Construction Work (May 2007) prepared by the Commonwealth, as in force from<br>
time to time.<br>
"construction project" means a project involving construction work.<br>
"general induction training" means training that covers the relevant health and<br>
safety topics set out in the Code of Practice.<br>
"OHS construction induction training card" means:<br>
     (a) a card issued to a person under clause 220A whom WorkCover is<br>
     satisfied has completed the general induction training referred to in<br>
     clause 216 (1) (a), or<br>
     (b) a card issued to a person who has completed equivalent training<br>
     in another jurisdiction, or<br>
     (c) an equivalent card or certificate (however described) obtained in<br>
     another State or in a Territory.<br>
"OHS induction training" has the meaning given by clause 216.<br>
"registered training organisation" or "RTO" means a training organisation<br>
registered by a State or Territory registering body.<br>
"State or Territory registering body" means:<br>
     (a) the Vocational Education and Training Accreditation Board<br>
     constituted by the Vocational Education and Training Act 2005, or<br>
     (b) the body responsible for the accreditation of vocational courses<br>
     under a corresponding law.<br>
"statement of OHS induction training" means a statement issued under clause<br>
220.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 212A<br>
Application to mining workplaces and coal workplaces<br>
 <br>
 <br>
212A Application to mining workplaces and coal workplaces<br>
A person is not required to undertake general induction training, or to ensure<br>
that such training is undertaken in relation to a person carrying on<br>
construction work at a mining workplace that is a mine, or at a coal workplace<br>
if:<br>
     (a) the person carrying on construction work is not principally or<br>
     regularly engaged in construction work at that workplace, and<br>
     (b) an operator has been nominated for the mine under the Mine Health<br>
     and Safety Act 2004 or for the coal workplace under the Coal Mine<br>
     Health and Safety Act 2002, and<br>
     (c) the person carrying on construction work has been provided with<br>
     site induction training that:<br>
          (i) covers the relevant health and safety topics set out in<br>
          the Code of Practice that the person would otherwise have<br>
          been provided with if the person had completed general<br>
          induction training, and<br>
          (ii) relates to the particular site at which the<br>
          construction work is to be carried out.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 213<br>
Principal contractors to ensure that OHS induction training undertaken<br>
 <br>
 <br>
213 Principal contractors to ensure that OHS induction training undertaken<br>
     (1) A principal contractor for a construction project must not direct<br>
     or allow another person to carry out construction work on the<br>
     construction project unless the principal contractor is satisfied<br>
     that the person has undergone OHS induction training.<br>
     (1A) The only evidence on the basis of which a principal contractor<br>
     may be satisfied that a person has completed the general induction<br>
     training is production by the person of a current OHS construction<br>
     induction training card.<br>
     (2) A principal contractor for a construction project must:<br>
          (a) identify any change in the construction site, and in<br>
          the activities performed by each person carrying out<br>
          construction work at the construction site, that might<br>
          affect the health or safety of any person on the<br>
          construction site, and<br>
          (b) if any such change is identified, ensure that each<br>
          person carrying out construction work at the construction<br>
          site undergoes such OHS induction training referred to in<br>
          clause 216 (1) (b) or (c) as is necessary to enable the<br>
          person to carry out that work safely despite the change.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 214<br>
Employers to ensure OHS induction training undertaken<br>
 <br>
 <br>
214 Employers to ensure OHS induction training undertaken<br>
     (1) An employer must ensure that any employee whom the employer<br>
     employs to carry out construction work has been provided with the OHS<br>
     induction training required to be undertaken by the employee in<br>
     accordance with this Part.<br>
     (1A) The only evidence on the basis of which an employer may be<br>
     satisfied that an employee has completed the general induction<br>
     training is production by the employee of a current OHS construction<br>
     induction training card.<br>
     (2) An employer must not direct or allow an employee to carry out<br>
     construction work unless the employer is satisfied that the employee<br>
     has undergone OHS induction training.<br>
     (3) An employer who employs any employee to carry out construction<br>
     work must:<br>
          (a) identify any change in the construction site, and in<br>
          the activities performed by each employee carrying out<br>
          construction work at the construction site, that might<br>
          affect the health or safety of any person on the<br>
          construction site, and<br>
          (b) if any such change is identified, ensure that each<br>
          employee carrying out construction work at the construction<br>
          site undergoes such OHS induction training referred to in<br>
          clause 216 (1) (b) or (c) as is necessary to enable the<br>
          employee to carry out that work safely despite the change.<br>
     Maximum penalty: Level 3.<br>
     Note: Section 22 of the Act provides that an employer must not impose<br>
     a charge on an employee in respect of anything done or provided in<br>
     pursuance of any specific requirement made by or under the Act.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 215<br>
Self-employed persons to undergo OHS induction training<br>
 <br>
 <br>
215 Self-employed persons to undergo OHS induction training<br>
     (1) A self-employed person must not carry out construction work<br>
     unless the person has undergone OHS induction training.<br>
     (2) A self-employed person carrying out construction work must:<br>
          (a) identify any change in the construction site, and in<br>
          the activities performed by the person at the construction<br>
          site, that might affect the health or safety of any person<br>
          on the construction site, and<br>
          (b) if any such change is identified, undergo such OHS<br>
          induction training referred to in clause 216 (1) (b) or (c)<br>
          as is necessary to enable the person to carry out that work<br>
          safely despite the change.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 215A<br>
Holder of OHS construction induction training card to produce card<br>
 <br>
 <br>
215A Holder of OHS construction induction training card to produce card<br>
     (1) An inspector may direct a person carrying out construction work<br>
     to produce for inspection immediately:<br>
          (a) the person’s OHS construction induction training<br>
          card, and<br>
          (b) a sample of the person’s usual signature.<br>
     (2) A person to whom such a direction is given must not fail to<br>
     comply with the direction.<br>
          Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 216<br>
OHS induction training<br>
 <br>
 <br>
216 OHS induction training<br>
     (1) For the purposes of this Part, "OHS induction training" means<br>
     training referred to in each of the following paragraphs completed to<br>
     the satisfaction of the person conducting the training:<br>
          (a) general induction training,<br>
          (b) task-specific induction training that covers the<br>
          relevant health and safety topics set out in the Code of<br>
          Practice and relates to the particular type of construction<br>
          work to be carried out,<br>
          (c) site induction training that covers the relevant health<br>
          and safety topics set out in the Code of Practice and<br>
          relates to the particular site at which the construction<br>
          work is to be carried out.<br>
     (2) General induction training must be conducted by a nominated<br>
     person approved in respect of an RTO under clause 217.<br>
          Maximum penalty: Level 3.<br>
     (3) This Part does not apply so as to require task-specific induction<br>
     training to be undertaken by a person carrying out construction work<br>
     at a mining workplace or a coal workplace.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 217<br>
Approval of RTO and persons nominated to conduct general induction training<br>
 <br>
 <br>
217 Approval of RTO and persons nominated to conduct general induction training<br>
     (1) An application by an RTO to be approved to provide general<br>
     induction training in New South Wales must:<br>
          (a) be in the approved form, and<br>
          (b) be accompanied by the application fee as determined by<br>
          WorkCover, and<br>
          (c) be accompanied by:<br>
               (i) a copy of the RTO’s registration with the<br>
               relevant State or Territory registering body, and<br>
               (ii) the name of each person nominated by the RTO<br>
               to be approved to carry out general induction<br>
               training (a "nominated person"), and<br>
          (d) be lodged in the approved manner.<br>
     (2) WorkCover may approve the RTO or may refuse the application for<br>
     such reasons as it considers sufficient.<br>
     (3) If WorkCover approves an RTO, WorkCover may approve each<br>
     nominated person named in the application in respect of that RTO or<br>
     may refuse to approve any such person for such reasons as it<br>
     considers sufficient.<br>
     (4) An approved RTO may at any time apply to have a nominated person<br>
     approved to provide general induction training in respect of that<br>
     RTO.<br>
     (5) WorkCover may approve the nominated person or may refuse the<br>
     application for such reasons as it considers sufficient.<br>
     (6) If WorkCover approves an RTO or a nominated person, it must issue<br>
     a notice of approval to the RTO.<br>
     (7) If a person ceases to be a nominated person because that person<br>
     is no longer under the supervision of, or in partnership with, the<br>
     RTO in respect of which he or she is approved, the RTO must inform<br>
     WorkCover of that matter within 14 days.<br>
     (8) An RTO must not provide general induction training or advertise<br>
     the provision of such training unless the RTO is approved for that<br>
     purpose by WorkCover and the training is carried out by a nominated<br>
     person approved in respect of that RTO.<br>
          Maximum penalty: Level 3.<br>
     (9) A person must not provide general induction training for the<br>
     purposes of this Part unless the person is a nominated person<br>
     approved in respect of an RTO.<br>
          Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 218<br>
Suspension and cancellation of approval<br>
 <br>
 <br>
218 Suspension and cancellation of approval<br>
     (1) WorkCover may suspend or cancel the approval of a nominated<br>
     person if it is satisfied that:<br>
          (a) the person is no longer competent to conduct the<br>
          training for which the person is approved, or<br>
          (b) the person is no longer under the supervision of, or in<br>
          partnership with, the RTO in respect of which the person is<br>
          approved, or<br>
          (c) the person has been convicted of an offence against the<br>
          Act or the associated occupational health and safety<br>
          legislation, or any regulation under the Act or that<br>
          legislation, or of an offence against a corresponding law<br>
          within the meaning of Part 9.1A or any regulation under any<br>
          such corresponding law, or<br>
          (d) the person was approved on the basis of false or<br>
          misleading information or a failure to disclose or provide<br>
          required information, or<br>
          (e) the person has contravened the Code of Practice or a<br>
          guideline relating to the provision of general induction<br>
          training, or<br>
          (f) the person has had his or her accreditation as an<br>
          assessor suspended or cancelled under clause 287, or<br>
          (g) the person has had his or her approval as a nominated<br>
          person suspended or cancelled under clause 264Q.<br>
     (2) WorkCover may suspend or cancel the approval of an RTO if it is<br>
     satisfied that:<br>
          (a) the RTO was approved on the basis of false or<br>
          misleading information or a failure to disclose or provide<br>
          required information, or<br>
          (b) the RTO has contravened the Code of Practice or a<br>
          guideline relating to the provision of general induction<br>
          training, or<br>
          (c) the RTO has had its approval as a provider of high risk<br>
          work assessments suspended or cancelled under clause 264Q.<br>
     (3) If the registration of an RTO is cancelled, any approval of the<br>
     body and of each person nominated in respect of that RTO under this<br>
     Part is immediately cancelled.<br>
     (4) If the registration of an RTO is suspended, any approval of the<br>
     RTO and of each person nominated in respect of that RTO under this<br>
     Part is also suspended during that suspension.<br>
     (5) Before suspending or cancelling the approval of an RTO or a<br>
     nominated person, WorkCover:<br>
          (a) must cause written notice of the proposed suspension or<br>
          cancellation to be given to the RTO or person, and<br>
          (b) must give the RTO or person a reasonable opportunity to<br>
          make representations to WorkCover in relation to the<br>
          proposed suspension or cancellation, and<br>
          (c) must have regard to any representations so made.<br>
     (6) If, after having regard to any representations made by the RTO or<br>
     nominated person, WorkCover decides to proceed with the proposed<br>
     suspension or cancellation, WorkCover must give to the RTO or<br>
     nominated person a written notice:<br>
          (a) stating that the approval is suspended or cancelled,<br>
          and<br>
          (b) in the case of a suspension, specifying the period for<br>
          which the approval is suspended, and<br>
          (c) giving reasons for the suspension or cancellation.<br>
     (7) The suspension or cancellation takes effect on the date on which<br>
     notice of the suspension or cancellation is given to the RTO or<br>
     nominated person or such later date as may be specified in the<br>
     notice.<br>
     (8) An RTO or a nominated person is taken not to be approved during<br>
     any period of suspension.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 220<br>
Statements of OHS induction training<br>
 <br>
 <br>
220 Statements of OHS induction training<br>
     (1) A person who conducts training referred to in clause 216 (1) (a)<br>
     must issue to each person who has, in the opinion of the person<br>
     conducting the training, completed the training in accordance with<br>
     the relevant guidelines issued by WorkCover a written statement that:<br>
          (a) states that the person to whom the statement is issued<br>
          completed the training to the satisfaction of the person<br>
          conducting it, and<br>
          (b) identifies the types of activities covered by the<br>
          training, and<br>
          (c) specifies the date or dates on which the training was<br>
          provided, and<br>
          (d) specifies the name and qualifications of the person who<br>
          conducted the training, and<br>
          (e) is signed by the person who conducted the training.<br>
     (1A) Within 7 days after a person issues a statement of OHS induction<br>
     training under this clause, the person must cause notice of that fact<br>
     to be given to WorkCover so as to enable WorkCover to issue the<br>
     person to whom the statement has been issued with an OHS construction<br>
     induction training card.<br>
          Maximum penalty: Level 1.<br>
     (1B) During the period of 30 days after a statement of OHS induction<br>
     training is issued under his clause, the person to whom it is issued<br>
     is, for the purposes of clauses 213, 214 and 215A, taken to hold an<br>
     OHS construction induction training card and the statement is, for<br>
     those purposes, taken to be such a card.<br>
     (1C) WorkCover may issue guidelines:<br>
          (a) for the provision of OHS induction training, and<br>
          (b) for the issue of statements of OHS induction training<br>
          under this clause.<br>
     (1D) A person providing OHS induction training must not:<br>
          (a) provide any such training otherwise than in accordance<br>
          with any guidelines issued under this clause, or<br>
          (b) issue a statement of OHS induction training under this<br>
          clause without having provided any such training, or<br>
          (c) issue a statement of OHS induction training under this<br>
          clause without the person having completed the training.<br>
          Maximum penalty: Level 2.<br>
     (2) A person who conducts training referred to in clause 216 (1) (a)<br>
     must keep a record of each statement of OHS induction training issued<br>
     until 3 years after the issue of the statement.<br>
          Maximum penalty: Level 2.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 220A<br>
OHS construction induction training cards<br>
 <br>
 <br>
220A OHS construction induction training cards<br>
     (1) WorkCover may issue an OHS construction induction training card<br>
     to any person whom it is satisfied has completed the general<br>
     induction training referred to in clause 216 (1) (a), whether on the<br>
     basis of a statement of OHS induction training issued under clause<br>
     220 or otherwise.<br>
     (2) An OHS construction induction training card is of unlimited<br>
     duration.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 220B<br>
Replacement of lost, stolen, damaged or destroyed OHS construction induction<br>
training cards<br>
 <br>
 <br>
220B Replacement of lost, stolen, damaged or destroyed OHS construction<br>
induction training cards<br>
     (1) The holder of an OHS construction induction training card that is<br>
     lost, stolen, damaged or destroyed may apply to WorkCover for a<br>
     replacement card.<br>
     (2) The application:<br>
          (a) must be in the approved form, and<br>
          (b) must be accompanied by a statutory declaration by the<br>
          applicant that explains how, or the circumstances in which,<br>
          the card was lost, stolen, damaged or destroyed, and<br>
          (c) must be accompanied by the fee fixed for the time being<br>
          by WorkCover to cover expenses in connection with issue of<br>
          replacement cards.<br>
     (3) WorkCover may issue a replacement card if satisfied that the<br>
     applicant’s OHS construction induction training card has been lost,<br>
     stolen, damaged or destroyed.<br>
     (4) If an application is refused, WorkCover must ensure that written<br>
     notice of the refusal, and of the reasons for the refusal, are given<br>
     to the applicant.<br>
     (5) The holder of an OHS construction induction training card that is<br>
     replaced under this clause:<br>
          (a) must surrender the original card if it is recovered, or<br>
          (b) in the case of a damaged card that is replaced, must<br>
          surrender the damaged card.<br>
          Maximum penalty (subclause (5)): Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 220C<br>
Cancellation of OHS construction induction training cards<br>
 <br>
 <br>
220C Cancellation of OHS construction induction training cards<br>
     (1) WorkCover may cancel an OHS construction induction training card<br>
     if satisfied that the card was obtained on the basis of false or<br>
     misleading information or a failure to disclose or provide required<br>
     information.<br>
     (2) Before cancelling an OHS construction induction training card,<br>
     WorkCover:<br>
          (a) must cause written notice of the proposed cancellation<br>
          to be given to the holder of the card, and<br>
          (b) must give the holder of the card a reasonable<br>
          opportunity to make representations to WorkCover in<br>
          relation to the proposed cancellation, and<br>
          (c) must have regard to any representations so made.<br>
     (3) If, after having regard to any representations made by the holder<br>
     of the card, WorkCover decides to proceed with the proposed<br>
     cancellation, WorkCover must give to the holder a written notice:<br>
          (a) stating that the card is cancelled, and<br>
          (b) giving reasons for the cancellation.<br>
     (4) The cancellation takes effect on the date on which notice of the<br>
     cancellation is given to the holder of the card or such later date as<br>
     may be specified in the notice.<br>
     (5) The holder of an OHS construction induction training card that is<br>
     cancelled must return the card to WorkCover within such period as may<br>
     be specified in the notice of cancellation given to the holder.<br>
          Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 221<br>
Former OHS induction training certificates<br>
 <br>
 <br>
221 Former OHS induction training certificates<br>
     (1) In this clause, a "former OHS induction training certificate"<br>
     means an OHS induction training certificate issued by WorkCover after<br>
     29 March 2004 and in force immediately before 1 September 2009.<br>
     (2) A former OHS induction training certificate is taken to be an OHS<br>
     construction induction training card issued under this Part.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 222<br>
Lapsing of currency of OHS training and OHS training statements<br>
 <br>
 <br>
222 Lapsing of currency of OHS training and OHS training statements<br>
     (1) A person’s OHS induction training ceases to be current for the<br>
     purposes of this Part if the person has not carried out construction<br>
     work for any consecutive period of 2 years or more since:<br>
          (a) in the case of a person who has actually undergone<br>
          training—the completion of the training, or<br>
     (2) A statement of OHS induction training ceases to be valid for the<br>
     purposes of this Part if the person to whom it is issued has not<br>
     carried out construction work for any consecutive period of 2 years<br>
     or more since the issue of the statement.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 223<br>
Principal contractors and employers to keep records<br>
 <br>
 <br>
223 Principal contractors and employers to keep records<br>
     (1) A principal contractor for a construction project must keep a<br>
     record containing the following, in relation to each person carrying<br>
     out construction work on the project, until 3 years after the project<br>
     is completed:<br>
          (a) a copy of any relevant statement of OHS induction<br>
          training or a statement indicating that the principal<br>
          contractor is satisfied that the relevant OHS induction<br>
          training has been undertaken,<br>
          (b) a brief description of the site induction training that<br>
          has been undertaken by the person in accordance with this<br>
          Part for the site at which the construction work is carried<br>
          out.<br>
     (2) An employer must keep a record containing the following, in<br>
     relation to each employee employed to carry out construction work,<br>
     until 3 years after the employee has ceased to be employed by the<br>
     employer:<br>
          (a) a copy of any relevant statement of OHS induction<br>
          training or a statement indicating that the employer is<br>
          satisfied that the relevant OHS induction training has been<br>
          undertaken,<br>
          (b) a brief description of the site induction training that<br>
          has been undertaken by the employee in accordance with this<br>
          Part for the site at which the construction work is carried<br>
          out.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Part 8.3This Part makes special arrangements for workplaces that are<br>
construction sites where the cost of the work exceeds $250,000 or the work is<br>
demolition work, asbestos removal work or high risk construction work. The<br>
obligation bearers under this Part are principal contractors and sub-<br>
contractors. However, to the extent that those contractors are also employers<br>
or self-employed persons, the obligations under this Part apply to them also.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 224<br>
Definition<br>
 <br>
 <br>
224 Definition<br>
In this Part:<br>
"safe work method statement" means a statement that:<br>
     (a) describes how work is to be carried out, and<br>
     (b) identifies the work activities assessed as having safety risks,<br>
     and<br>
     (c) identifies the safety risks, and<br>
     (d) describes the control measures that will be applied to the work<br>
     activities,<br>
and includes a description of the equipment used in the work, the standards or<br>
codes to be complied with, the qualifications of the personnel doing the work<br>
and the training required to do the work.<br>
     Note: See Chapter 2 for provisions relating to the identification,<br>
     assessment and control of risks.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 225<br>
Responsibilities of contractors to be in addition to responsibilities as<br>
employers<br>
 <br>
 <br>
225 Responsibilities of contractors to be in addition to responsibilities as<br>
employers<br>
The responsibilities imposed on a principal contractor or a sub-contractor by<br>
this Part are in addition to any other responsibilities that the principal<br>
contractor or sub-contractor may have as an employer or self-employed person or<br>
other person having responsibilities under this Regulation.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 226<br>
Responsibility of principal contractor to prepare an OHS management plan<br>
 <br>
 <br>
226 Responsibility of principal contractor to prepare an OHS management plan<br>
     (1) This clause applies to any place of work at which construction<br>
     work is undertaken and the cost of the work exceeds $250,000.<br>
     (2) The principal contractor for the construction work must ensure<br>
     that:<br>
          (a) a site specific occupational health and safety<br>
          management plan is prepared for each place of work at which<br>
          the construction work is to be carried out before the work<br>
          commences, and<br>
          (b) the plan is maintained and kept up to date during the<br>
          course of the work.<br>
          Maximum penalty: Level 4.<br>
     (3) The principal contractor must ensure that the occupational health<br>
     and safety management plan includes:<br>
          (a) a statement of responsibilities listing the names,<br>
          positions and responsibilities of all persons who will have<br>
          specific responsibilities on the site for occupational<br>
          health and safety, and<br>
          (b) details of the arrangements for ensuring compliance<br>
          with the requirements for occupational health and safety<br>
          induction training that are set out in Part 8.2, and<br>
          (c) details of the arrangements for managing occupational<br>
          health and safety incidents, including the identity of and<br>
          contact details for the person or persons who will be<br>
          available to prevent, prepare for, respond to and recover<br>
          from occupational health and safety incidents, and<br>
               Note: Some incidents must be notified to<br>
               WorkCover or the Department Head (Mining) under<br>
               Chapter 12.<br>
          (d) any site safety rules and details of the arrangements<br>
          for ensuring that all persons at the place of work (whether<br>
          employees or visitors) are informed of the rules, and<br>
          (e) safe work method statements for all work activities<br>
          assessed as having safety risks.<br>
          Maximum penalty: Level 3.<br>
     (4) The principal contractor must ensure that a copy of the<br>
     occupational health and safety management plan is available for<br>
     inspection during the course of the construction work by:<br>
          (a) any person working at the place of work concerned and<br>
          by any person about to commence work at that place, and<br>
          (b) an employee member of an OHS committee, an OHS<br>
          representative, a person elected by the persons employed at<br>
          the place of work to represent a group of employees on<br>
          health and safety matters or (if the employees so agree) an<br>
          appropriate representative of an industrial organisation of<br>
          employees.<br>
          Maximum penalty: Level 1.<br>
     (5) The principal contractor must ensure that a copy of any parts of<br>
     the occupational health and safety management plan that are relevant<br>
     to a sub-contractor are provided to the sub-contractor before the<br>
     sub-contractor commences work at the place of work concerned.<br>
          Maximum penalty: Level 1.<br>
     (6) The principal contractor must ensure that, if any change is made<br>
     to the occupational health and safety management plan during the<br>
     course of the construction work, a copy of any part of the plan that<br>
     has been changed and that is relevant to a sub-contractor is provided<br>
     to the sub-contractor as soon as practicable after the change is<br>
     made.<br>
          Maximum penalty (subclause (6)): Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 227<br>
Responsibility to provide safe work method statements—principal contractor<br>
and sub-contractors<br>
 <br>
 <br>
227 Responsibility to provide safe work method statements—principal<br>
contractor and sub-contractors<br>
     (1) This clause applies to any place of work at which:<br>
          (a) construction work is undertaken and the cost of the<br>
          work exceeds $250,000, or<br>
          (b) high risk construction work is undertaken and the cost<br>
          of the work does not exceed $250,000, or<br>
          (c) demolition work or asbestos removal work for which a<br>
          licence is required under Chapter 10 to carry on the<br>
          business of that work is undertaken (regardless of the cost<br>
          of the work).<br>
     (2) A principal contractor for the construction work must ensure that<br>
     each sub-contractor, before commencing work at a place of work,<br>
     provides the principal contractor with a written safe work method<br>
     statement for the work to be carried out by the sub-contractor.<br>
          Maximum penalty: Level 3.<br>
     (3) A principal contractor must ensure that:<br>
          (a) a sub-contractor is directed to comply with:<br>
               (i) the safe work method statement that the sub-<br>
               contractor has provided, and<br>
               (ii) the requirements of the Act and this<br>
               Regulation, and<br>
          (b) the activities of a sub-contractor are monitored to the<br>
          extent necessary to determine whether the sub-contractor is<br>
          complying with:<br>
               (i) the safe work method statement that the sub-<br>
               contractor has provided, and<br>
               (ii) the requirements of the Act and this<br>
               Regulation, and<br>
          (c) if the sub-contractor is not so complying, the sub-<br>
          contractor is directed to take action immediately to comply<br>
          with the safe work method statement or the requirements of<br>
          the Act and this Regulation, or both, and<br>
          (d) if a risk to the health or safety of a person arises<br>
          because of the non-compliance, the sub-contractor is<br>
          directed to stop work immediately and not to resume work<br>
          until the safe work method statement or those requirements,<br>
          or both, are complied with, unless an immediate cessation<br>
          of work is likely to increase the risk to health and<br>
          safety, in which event the sub-contractor must be directed<br>
          to stop work as soon as it is safe to do so.<br>
          Maximum penalty: Level 4.<br>
     (4) If there are no sub-contractors for the construction work, the<br>
     principal contractor must:<br>
          (a) undertake an assessment of the risks associated with<br>
          the work to be carried out and prepare a written safe work<br>
          method statement that includes a copy of the assessment of<br>
          risks, and<br>
          (b) maintain and keep up to date the statement, and<br>
          (c) ensure that the work is carried out in accordance with<br>
          the statement, and<br>
          (d) if a risk to the health or safety of a person arises<br>
          because of non-compliance with the statement, ensure that<br>
          work is stopped immediately and not resumed until the<br>
          statement is complied with (unless an immediate cessation<br>
          of work is likely to increase the risk to health and<br>
          safety, in which event the principal contractor must stop<br>
          the work as soon as it is safe to do so).<br>
          Maximum penalty (subclause (4)): Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 228<br>
Responsibility of principal contractor to keep register of hazardous substances<br>
<br>
 <br>
 <br>
228 Responsibility of principal contractor to keep register of hazardous<br>
substances<br>
     (1) This clause applies to any place of work at which:<br>
          (a) construction work is undertaken and the cost of the<br>
          work exceeds $250,000, or<br>
          (b) demolition work or asbestos removal work for which a<br>
          licence is required under Chapter 10 to carry on the<br>
          business of that work is undertaken (regardless of the cost<br>
          of the work).<br>
     (2) The principal contractor for the construction work must ensure<br>
     that:<br>
          (a) a register of hazardous substances at a place of work<br>
          at which construction work is carried out is kept and<br>
          maintained during the course of the work, and<br>
          (b) the register is readily accessible to all persons<br>
          working at the place of work, and<br>
          (c) copies are kept during the course of the work of any<br>
          records of atmospheric monitoring or health surveillance in<br>
          relation to the place of work, and<br>
          (d) copies are kept during the course of the work of any<br>
          written report of a risk assessment prepared in accordance<br>
          with clause 168 (1) (b) in relation to risks associated<br>
          with exposure to a hazardous substance at the place of<br>
          work.<br>
     (3) If more than one sub-contractor is using hazardous substances at<br>
     the place of work, the principal contractor must ensure that the<br>
     register of hazardous substances kept under subclause (2) (a)<br>
     contains details of all hazardous substances being used at the place<br>
     of work.<br>
     (4) The principal contractor, if also required to keep and maintain a<br>
     register of hazardous substances or dangerous goods under clause 167<br>
     or 174ZV, may keep and maintain a single register for the purposes of<br>
     this clause and for the purposes of those clauses.<br>
     Maximum penalty: Level 1.<br>
     Note: See Chapter 6 as to the obligations of employers with respect<br>
     to the keeping of registers and recording of information concerning<br>
     hazardous substances and carcinogenic substances.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 229<br>
Responsibilities of sub-contractors<br>
 <br>
 <br>
229 Responsibilities of sub-contractors<br>
     (1) This clause applies to any place of work at which:<br>
          (a) construction work is undertaken and the cost of the<br>
          work exceeds $250,000, or<br>
          (b) demolition work or asbestos removal work for which a<br>
          licence is required under Chapter 10 to carry on the<br>
          business of that work is undertaken (regardless of the cost<br>
          of the work).<br>
     Subclauses (2) (b) and (3) also apply to any place of work at which<br>
     high risk construction work is undertaken and the cost of the work<br>
     does not exceed $250,000.<br>
     (2) A sub-contractor must not commence construction work at a place<br>
     of work unless the sub-contractor:<br>
          (a) has been provided by the principal contractor for the<br>
          construction work with a copy of the parts of the<br>
          occupational health and safety management plan for the<br>
          place of work that are relevant to the sub-contractor, and<br>
          (b) has undertaken an assessment of the risks associated<br>
          with the work to be carried out and provided to the<br>
          principal contractor a written safe work method statement<br>
          that includes a copy of the assessment of risks, and<br>
          (c) has completed induction training with respect to<br>
          occupational health and safety as specified in the<br>
          occupational health and safety management plan for the<br>
          place of work.<br>
          Maximum penalty: Level 3.<br>
     (3) A sub-contractor must not allow an employee of the sub-contractor<br>
     to start work at a place of work at which construction work is<br>
     carried out unless the employee has completed induction training with<br>
     respect to occupational health and safety as specified in the<br>
     occupational health and safety management plan for the place of work.<br>
          Maximum penalty: Level 3.<br>
     (4) A sub-contractor must maintain and keep up to date the sub-<br>
     contractor’s safe work method statement for a place of work, and<br>
     must provide the principal contractor with any changes made to the<br>
     safe work method statement.<br>
          Maximum penalty: Level 1.<br>
     (5) A sub-contractor must provide the principal contractor for the<br>
     place of work with any information known to or records held by the<br>
     sub-contractor concerning hazardous substances or atmospheric<br>
     monitoring or health surveillance that is required by this Regulation<br>
     to be entered in the register of hazardous substances or kept for the<br>
     place of work.<br>
          Maximum penalty (subclause (5)): Level 2.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 230<br>
Application<br>
 <br>
 <br>
230 Application<br>
     (1) This Part applies to the control of risks arising during<br>
     construction work.<br>
     (2) In particular, this Part applies to control of risks arising<br>
     from:<br>
          (a) falling objects other than falling rock and earth (to<br>
          which Part 8.5 applies),<br>
          (b) collapse of formwork and other structural frames used<br>
          for permanent or temporary support of buildings and other<br>
          structures,<br>
          (c) collapse of existing buildings and other structures<br>
          affected by construction work,<br>
          (d) unauthorised access to construction sites,<br>
          (e) use of compressed air in construction work,<br>
          (f) use of lasers in construction work.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 231<br>
Overhead protective structures—particular risk control measures<br>
 <br>
 <br>
231 Overhead protective structures—particular risk control measures<br>
     (1) This clause applies if:<br>
          (a) construction work is carried out at a place that<br>
          adjoins a public place or any other property, and<br>
          (b) that construction work is carried out at a vertical<br>
          height exceeding 4 metres above the lowest ground level of<br>
          that public place or other property (unless the ratio of<br>
          the horizontal distance to the vertical height between the<br>
          nearest boundary of that public place or other property and<br>
          where the work is carried out exceeds 2),<br>
     but does not apply to maintenance work on power or telecommunication<br>
     poles, towers or overhead lines unless a risk assessment identifies<br>
     that any hazards cannot be controlled by means other than overhead<br>
     protective structures.<br>
     (2) In any case in which this clause applies, an employer must<br>
     provide an overhead protective structure that:<br>
          (a) is of appropriate strength and design having regard to<br>
          the circumstances of that case, and<br>
          (b) will catch, deflect or hold any weight and amount of<br>
          material or objects that might reasonably be expected to<br>
          fall on it.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 232<br>
Safe means of lowering materials—particular risk control measures<br>
 <br>
 <br>
232 Safe means of lowering materials—particular risk control measures<br>
     (1) If an inclined or vertical chute is used on a construction site<br>
     as a means of lowering materials, an employer must ensure that the<br>
     following requirements are met:<br>
          (a) the chute is properly secured to the building or other<br>
          structure to which it is attached,<br>
          (b) the chute is completely enclosed except as provided by<br>
          this clause,<br>
          (c) the open end at the top of the chute has a cover that<br>
          can be locked securely,<br>
          (d) each opening in the chute has:<br>
               (i) a hinged or sliding door that can be locked<br>
               securely when material is not being fed into the<br>
               chute through the opening, and<br>
               (ii) a hopper is fitted to it to channel material<br>
               into the chute,<br>
          (e) in order to prevent material that is being fed into the<br>
          chute from spilling outside the chute, a solid fence at<br>
          least 1 metre high and 1 metre long is erected at each<br>
          opening in the chute at an angle of 45 degrees to the<br>
          building line,<br>
          (f) the discharge end of the chute is kept open at all<br>
          times.<br>
     (2) The employer must ensure that a designated area is provided<br>
     around the discharge end of the chute and that this area is<br>
     adequately fenced. Alternatively, if a bin is used at the discharge<br>
     end, a fence with a hinged gate that can be securely locked must be<br>
     provided around the bin at a distance of at least 2 metres from the<br>
     bin.<br>
     (3) The employer must ensure that doors and all other openings of the<br>
     chute (except the discharge end) are closed and securely locked<br>
     before:<br>
          (a) any demolished material is removed from any such<br>
          designated area, or<br>
          (b) any such bin is replaced.<br>
     (4) The employer must ensure that notices of the danger from<br>
     discharged material are prominently placed at the discharge end of<br>
     the chute and on the access gate of the fence.<br>
     (5) In this clause, "opening", in relation to a chute, means an<br>
     opening in the side of the chute through which material can be fed<br>
     into the chute.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 233<br>
Formwork—particular risk control measures<br>
 <br>
 <br>
233 Formwork—particular risk control measures<br>
     (1) An employer must ensure that formwork complies with AS<br>
     3610�?995Formwork for concrete.<br>
     (2) An employer must ensure that formwork is designed, constructed<br>
     and maintained so as to support safely all loads that are to be<br>
     placed on it.<br>
     (3) An employer must ensure that, before the concrete pour, formwork<br>
     is inspected by a qualified engineer and is certified by the<br>
     qualified engineer as safe for its intended purpose and the loads<br>
     that will be placed on it.<br>
     (4) Subclause (3) does not apply if:<br>
          (a) the deck of the formwork is less than 3 metres above<br>
          the lowest surrounding ground level, or<br>
          (b) the area of the formwork deck is less than 16 square<br>
          metres and is designed to hold not more than 2.5 cubic<br>
          metres or 6 tonnes of wet concrete (whichever measure is<br>
          appropriate).<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 234<br>
Prevention of structural collapse—particular risk control measures<br>
 <br>
 <br>
234 Prevention of structural collapse—particular risk control measures<br>
     (1) An employer must ensure that any danger to persons arising from<br>
     the collapse of a building during a temporary state of weakness or<br>
     instability before its construction is completed is controlled by the<br>
     use of adequate temporary guys, stays, supports and fixings or other<br>
     measures.<br>
     (2) An employer must ensure that, if construction work is likely to<br>
     reduce the stability of an existing building or a building in the<br>
     course of construction so as to endanger a person, shoring is used or<br>
     other appropriate measures are taken to prevent the collapse of the<br>
     building.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 235<br>
Site security—particular risk control measures<br>
 <br>
 <br>
235 Site security—particular risk control measures<br>
     (1) Subject to subclause (2), an employer must ensure that perimeter<br>
     fencing is provided for all construction sites.<br>
     (2) Subclause (1) applies with respect to the site of construction of<br>
     a single dwelling house, duplex or civil engineering project or the<br>
     site of maintenance work only if a risk assessment identifies the<br>
     need to isolate particular hazards at the site that cannot be<br>
     controlled by means other than perimeter fencing.<br>
     (3) The employer must ensure that perimeter fencing required to be<br>
     provided by this clause is adequate for the purpose for which it is<br>
     constructed.<br>
     (4) An employer must ensure that signs, that are clearly visible from<br>
     outside the site and on which the name and contact telephone numbers<br>
     (including an after hours emergency telephone number) of the<br>
     controller of the site are stated, are placed on each construction<br>
     site.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 236<br>
Use of compressed air—particular risk control measures<br>
 <br>
 <br>
236 Use of compressed air—particular risk control measures<br>
An employer must ensure that the use of compressed air in connection with any<br>
construction work complies with AS CA 12�?970Work in compressed air (known as<br>
the SAA Compressed Air Code), as in force at the time of that publication.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 237<br>
Laser work<br>
 <br>
 <br>
237 Laser work<br>
     (1) An employer must ensure that Class 3B or Class 4 lasers or laser<br>
     products as defined in AS/NZS 2211.1:1997Laser safety: Equipment<br>
     classification, requirements and user’s guide, as in force at the<br>
     time of that publication, are not used in construction work.<br>
     (2) Subject to subclause (1), an employer must ensure that the use of<br>
     lasers or laser products in construction work is in accordance with<br>
     AS 2397�?993Safe use of lasers in the building and construction<br>
     industry.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 238<br>
Definition<br>
 <br>
 <br>
238 Definition<br>
In this Part:<br>
"excavation work" means construction work of the kind referred to in paragraph<br>
(c) of the definition of "construction work" in Chapter 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 239<br>
Application<br>
 <br>
 <br>
239 Application<br>
This Part applies to places of work at which excavation work is carried out.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 240<br>
Protection of stability of excavation work—particular risk control measures<br>
 <br>
 <br>
240 Protection of stability of excavation work—particular risk control<br>
measures<br>
     (1) An employer must ensure that, in relation to excavation work, an<br>
     adequate system of safety, involving shoring, earth retention<br>
     equipment or other appropriate measures, is in place to control risks<br>
     to health and safety arising from one or more of the following:<br>
          (a) the fall or dislodgment of earth and rock,<br>
          (b) the instability of the excavation or any adjoining<br>
          structure,<br>
          (c) the inrush of water,<br>
          (d) the placement of excavated material,<br>
          (e) instability due to persons or plant working adjacent to<br>
          the excavation.<br>
     (2) A shoring system is not required if, having regard to the nature<br>
     and slope of the side of the excavation and other relevant<br>
     circumstances, there is no reasonable likelihood of a fall or<br>
     dislodgment of earth, rock or other material from a height of more<br>
     than 1.5 metres (measured vertically) that may bury, trap or strike a<br>
     person who is in the excavation.<br>
     (3) If a system of shoring is used, the employer must ensure that an<br>
     adequate supply of shoring equipment and material is provided and<br>
     used to prevent a fall or dislodgment of earth, rock or other<br>
     material that forms the side of or is adjacent to the excavation<br>
     work.<br>
     (4) An employer must ensure that adequate measures are taken in the<br>
     immediate vicinity of excavation work so as to prevent the collapse<br>
     of the work. In particular, an employer must ensure that no materials<br>
     are placed, stacked or moved near the edge of excavation work so as<br>
     to cause the collapse of the work.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 241<br>
Potential risks arising from excavation work—particular risk control measures<br>
<br>
 <br>
 <br>
241 Potential risks arising from excavation work—particular risk control<br>
measures<br>
     (1) An employer must ensure that no excavation work that is likely to<br>
     reduce the stability of any part of a building or structure is<br>
     commenced or continued unless adequate measures are adopted, both<br>
     before and during the excavation work, to prevent a risk to the<br>
     health and safety of a person from the collapse of the building or<br>
     structure or any part of it.<br>
     (2) An employer must ensure that:<br>
          (a) adequate measures are taken in the immediate vicinity<br>
          of excavation work so as to prevent the fall of mobile<br>
          plant or materials into the excavation, and<br>
          (b) no materials are placed, stacked or moved near the edge<br>
          of excavation work so as to endanger a person present<br>
          below.<br>
     (3) An employer must ensure that, in relation to excavation work, an<br>
     adequate system of safety is in place to control risks to health and<br>
     safety arising from unplanned contact with electricity cables, gas<br>
     mains and other utility services.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 242<br>
Regular inspection mandatory for excavations of 1 metre or more—particular<br>
risk control measures<br>
 <br>
 <br>
242 Regular inspection mandatory for excavations of 1 metre or<br>
more—particular risk control measures<br>
An employer must ensure that excavation work at a depth of 1 metre or more is<br>
inspected by a competent person at the intervals determined during the risk<br>
assessment for the work.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 243<br>
Caissons and cofferdams—particular risk control measures<br>
 <br>
 <br>
243 Caissons and cofferdams—particular risk control measures<br>
An employer must ensure that caissons and cofferdams are of sound construction<br>
and secured in position to prevent movement.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 244<br>
Supervision<br>
 <br>
 <br>
244 Supervision<br>
An employer must ensure that any of the following excavation work is carried<br>
out only under the supervision of a competent person:<br>
     (a) work at a depth of 1 metre or more,<br>
     (b) work in tunnels,<br>
     (c) work on caissons and cofferdams,<br>
     (d) compressed air work.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 245<br>
Safe access and egress<br>
 <br>
 <br>
245 Safe access and egress<br>
An employer must ensure that there is a safe means of access to and egress from<br>
excavations.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 246<br>
Definitions<br>
 <br>
 <br>
246 Definitions<br>
     (1) In this Part:<br>
     "AS 2601�?991" means AS 2601�?991The demolition of structures.<br>
     "demolition work" means construction work involving the demolition of<br>
     a building but does not include construction work involving the<br>
     removal of power or telecommunication poles.<br>
          Note: Clause 3 provides that "building" includes a<br>
          structure and part of a building or structure.<br>
     (2) In applying the provisions of AS 2601�?991 for the purposes of<br>
     this Part, references in that Standard to a public thoroughfare are<br>
     taken to be references to a public place.<br>
     (3) In this Part, a reference to the height of a building is a<br>
     reference to the height of the building measured from the lowest<br>
     level of the ground immediately adjacent to the base of the building<br>
     at the point at which the height is to be measured to its highest<br>
     point.<br>
     Note: Carrying on the business of demolition work requires a licence<br>
     (see Chapter 10). Demolition work also requires a permit (see Chapter<br>
     11).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 247<br>
Work to be done in accordance with Australian Standard and this Part<br>
 <br>
 <br>
247 Work to be done in accordance with Australian Standard and this Part<br>
     (1) An employer must ensure that demolition work is carried out in<br>
     accordance with AS 2601�?991 and the provisions of this Part.<br>
          Maximum penalty: Level 4.<br>
     (2) In the event of an inconsistency between a provision of AS<br>
     2601�?991 and the provisions of this Regulation, the provisions of<br>
     this Regulation prevail.<br>
     (3) Despite AS 2601�?991 or this Part, a building may be demolished<br>
     by the use of explosives if a permit under Chapter 11 has been<br>
     obtained.<br>
     Note: The following matters, among others, are dealt with in AS<br>
     2601�?991:<br>
          �?Sequential demolition<br>
          �?Measures to prevent materials falling on workers and<br>
          the public, including adequate fencing<br>
          �?Use of heavy machinery and plant on suspended floors<br>
          �?Ensuring that stairs and other means of access, and<br>
          scaffolding, are clear of rubble and other debris<br>
          �?Chimney demolition<br>
          �?Dust control<br>
          �?Warning signs and general safety measures<br>
          �?Fire prevention<br>
          �?Circumstances in which overhead protective structures<br>
          and heavy duty independent scaffolding are required<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 248<br>
Investigations<br>
 <br>
 <br>
248 Investigations<br>
     (1) An employer must ensure that, before the commencement of<br>
     stripping or demolition work, an initial investigation of the<br>
     building to be demolished and the site on which it is located is<br>
     carried out in accordance with AS 2601�?991.<br>
          Maximum penalty: Level 4.<br>
     (2) The results of the investigations of the building and site must<br>
     be recorded in writing by the employer and must be made available to<br>
     WorkCover for inspection, on demand.<br>
          Maximum penalty: Level 4.<br>
     (3) The records of the investigations must be included by the<br>
     employer in the work method statement for the demolition to<br>
     substantiate the choice of a particular sequence, method or technique<br>
     of demolition.<br>
          Maximum penalty (subclause (3)): Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 249<br>
Carrying out demolition work<br>
 <br>
 <br>
249 Carrying out demolition work<br>
     (1) An employer must ensure that, if mechanical means are used to<br>
     carry out demolition work, the work is carried out sequentially.<br>
     (2) An employer must ensure that demolition work involving pulling<br>
     with ropes or chains or similar means is carried out only if the<br>
     building being demolished is not more than 4 metres in height and the<br>
     work is carried out sequentially.<br>
     Maximum penalty: Level 4.<br>
     Note: See Chapter 11 regarding the issue of permits for the carrying<br>
     out of certain demolition work.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 250<br>
Working in or below building being demolished<br>
 <br>
 <br>
250 Working in or below building being demolished<br>
     (1) An employer must ensure that a person does not work in or below a<br>
     building that is being demolished if, at any time during the carrying<br>
     out of the demolition work, there is a danger that the person might<br>
     be injured as a result of demolished or other material falling or<br>
     rebounding.<br>
          Maximum penalty: Level 4.<br>
     (2) This clause applies whether or not the person’s work is<br>
     associated with the demolition of the building.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 251<br>
Buildings adjacent to public places<br>
 <br>
 <br>
251 Buildings adjacent to public places<br>
     (1) An employer must ensure that, if demolition work involves the<br>
     demolishing of a building that is less than 4 metres in height and is<br>
     adjacent to a public place, adequate precautionary measures are taken<br>
     to protect persons who may be in the public place.<br>
          Note: AS 2601�?991 contains precautionary requirements<br>
          for the demolition of buildings that are more than 4 metres<br>
          in height.<br>
     (2) An employer must ensure that, if demolition work involves the<br>
     demolishing of a building (regardless of its height) that is adjacent<br>
     to another building, adequate precautionary measures are taken to<br>
     protect:<br>
          (a) the other building, and<br>
          (b) any person entering or leaving the other building, and<br>
          (c) if the other building is shorter than the building<br>
          being demolished—any person who is on top of the other<br>
          building.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 252<br>
Demolition within confines of building<br>
 <br>
 <br>
252 Demolition within confines of building<br>
The requirements of AS 2601�?991 relating to fencing, overhead protective<br>
structures and scaffolding do not apply to the demolition of part of a building<br>
if:<br>
     (a) the work is carried out wholly within the confines of the<br>
     building, and<br>
     (b) demolished material is, at all times during the carrying out of<br>
     the work, prevented from falling or rebounding outside those<br>
     confines.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 253<br>
Overhead protective structures<br>
 <br>
 <br>
253 Overhead protective structures<br>
An employer must, in carrying out any demolition work, ensure that, if AS<br>
2601�?991 requires an overhead protective structure to be provided over a<br>
public walkway that lies between a public place and the building being<br>
demolished, the overhead protective structure:<br>
     (a) consists of a horizontal platform of solid construction with<br>
     vertical supports, and<br>
     (b) is at least 250 mm from the edge of the kerb of the walkway<br>
     towards the common boundary of the walkway and the building that is<br>
     being demolished, and<br>
     (c) has a minimum overhead clearance of 2.2 m to any bracings, beams<br>
     or any other part of the overhead protective structure, and<br>
     (d) has a continuous solid upstand projecting at least one metre<br>
     above the platform surface, and<br>
     (e) is designed for a uniformly distributed live load of 10kPa.<br>
     Maximum penalty: Level 4.<br>
     Note: See figure 1 below, which illustrates these requirements.  <br>
     [graphic]  <br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 254<br>
Scaffolding<br>
 <br>
 <br>
254 Scaffolding<br>
     (1) This clause does not apply to the demolition of a chimney stack.<br>
     (2) An employer must ensure that, if AS 2601�?991 requires<br>
     scaffolding to be provided, the scaffolding:<br>
          (a) is erected before the commencement of any demolition<br>
          work on the side or part of the building being demolished<br>
          that faces a public place, and<br>
          (b) is kept in the erected position until the work is<br>
          completed.<br>
          Note: See also clause 58 (Scaffolding—particular risk<br>
          control measures) which requires compliance with AS/NZS<br>
          1576.1:1995.<br>
     (3) The employer must ensure that the scaffolding is provided with at<br>
     least 2, but not more than 3 platforms, unless otherwise certified by<br>
     a qualified engineer.<br>
     (4) The employer must ensure that each platform on the scaffolding:<br>
          (a) extends the full width of the scaffold frame, and<br>
          (b) abuts the building, and<br>
          (c) extends into any openings of the building for a<br>
          sufficient distance in order to catch any falling material.<br>
     (5) The employer must ensure that any platform or section of a<br>
     platform (other than the platform at the final lower level of the<br>
     scaffolding) is not dismantled, repositioned or removed unless:<br>
          (a) a further platform has been installed not more than 6<br>
          metres below the platform or section of platform to be<br>
          repositioned or removed, and<br>
          (b) all material on the platform has been removed.<br>
     (6) The employer must ensure that scaffolding is effectively enclosed<br>
     on the outer faces and ends for its full height with steel wire mesh<br>
     that:<br>
          (a) has a cross section dimension of not less than 2.5 mm<br>
          and an aperture of not greater than 50 mm, and<br>
          (b) is adequately secured to the scaffolding, and<br>
          (c) is sufficient to withhold demolished material,<br>
     or with some other equivalent system that is adequately secured to<br>
     the scaffolding and is sufficient to withhold demolished material.<br>
     (7) The employer must ensure that the edges of the runs of wire mesh<br>
     are adequately overlapped and secured.<br>
     (8) The employer must ensure that appropriate material is securely<br>
     fixed to the wire mesh to minimise the release of dust into the<br>
     atmosphere.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 255<br>
Demolition of chimney stacks<br>
 <br>
 <br>
255 Demolition of chimney stacks<br>
     (1) An employer must ensure that the demolition of a chimney stack is<br>
     carried out only:<br>
          (a) by felling using undercutting or explosives, or<br>
          (b) by the removal of successive sections of metal, or<br>
          successive courses of brickwork or masonry, from the top.<br>
     (2) The employer must ensure that, if a chimney stack is or is to be<br>
     demolished by felling:<br>
          (a) the felling is not done in a wind that:<br>
               (i) is likely to cause the chimney stack to fall<br>
               otherwise than in the intended direction, or<br>
               (ii) exceeds 20 knots, and<br>
          (b) if undercutting is used—the equilibrium of the stack<br>
          being undercut is gauged in compression by positive means<br>
          to ensure that sufficient time remains for the safe retreat<br>
          of workers from the stack when it commences to fall, and<br>
          (c) if the chimney stack could, in falling, endanger the<br>
          safety of a person or property in a place outside the area<br>
          under the control of the employer who is carrying out the<br>
          demolition work�?4 hours�?notice of the intended<br>
          commencement of the work is given to:<br>
               (i) the council of the local government area in<br>
               which the work is carried out, and<br>
               (ii) a police officer.<br>
     (3) An employer must ensure that, if a chimney stack is to be<br>
     demolished by the removal of successive sections of metal from the<br>
     top, or successive courses of brickwork or masonry from the top,<br>
     overhead protection complying with clause 231 is provided over the<br>
     discharge end of any chute, hopper, bin or material outlet to protect<br>
     any person removing material from the discharge area from falling<br>
     objects.<br>
     (4) The employer must ensure that material is not allowed to<br>
     accumulate on, or to overload, any such overhead protection.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 256<br>
Notification of dangerous work<br>
 <br>
 <br>
256 Notification of dangerous work<br>
An employer must ensure that a police officer is informed immediately if,<br>
during any demolition work:<br>
     (a) the building concerned (including an undemolished part of the<br>
     building) becomes unstable, and<br>
     (b) there is a danger that the building could collapse and injure any<br>
     person who is in any place not under the control of the person who is<br>
     carrying out that work, either directly or by his or her employees or<br>
     agents.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 257<br>
Definitions<br>
 <br>
 <br>
257 Definitions<br>
In this Part:<br>
"asbestos" means the fibrous form of those mineral silicates that belong to the<br>
serpentine or amphibole groups of rock-forming minerals, including actinolite,<br>
amosite (brown asbestos), anthophyllite, chrysotile (white asbestos),<br>
crocidolite (blue asbestos) and tremolite.<br>
"asbestos work" means work undertaken in connection with a construction work<br>
process in which exposure to asbestos may occur and includes any work process<br>
involving the use, application, removal, mixing or other handling of asbestos<br>
or asbestos-containing material.<br>
"bonded asbestos material" means any material (other than friable asbestos<br>
material) that contains asbestos.<br>
"bonded asbestos removal work" means work in which bonded asbestos material is<br>
removed, repaired or disturbed.<br>
"friable asbestos material" means any material that contains asbestos and is in<br>
the form of a powder or can be crumbled, pulverised or reduced to powder by<br>
hand pressure when dry.<br>
"friable asbestos removal work" means work in which friable asbestos material<br>
is removed, repaired or disturbed.<br>
     Note: Carrying on the business of asbestos removal work requires a<br>
     licence (see Chapter 10). Friable asbestos removal work also requires<br>
     a permit (see Chapter 11).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 258<br>
Application<br>
 <br>
 <br>
258 Application<br>
This Part applies to asbestos and asbestos-containing material present in a<br>
workplace in which construction work is carried out including (but not limited<br>
to) asbestos used as a building material, for insulation or fire-proofing, or<br>
otherwise used as a material in a workplace.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 259<br>
Particular risk control measures<br>
 <br>
 <br>
259 Particular risk control measures<br>
     (1) An employer must ensure that asbestos work is carried out, in a<br>
     manner appropriate to that work, in accordance with the following<br>
     documents published by the NOHS Commission, as in force from time to<br>
     time:<br>
          (a) Code of Practice for the Management and Control of<br>
          Asbestos in the Workplace[NOHSC: 2018 (2005)],<br>
          (b) Code of Practice for the Safe Removal of Asbestos<br>
          [NOHSC: 2002 (2005)].<br>
     (If a requirement of clause 51 (Atmospheric contaminants—particular<br>
     risk control measures) is inconsistent with a requirement of this<br>
     subclause, the clause 51 requirement prevails).<br>
     (2) An employer must ensure that:<br>
          (a) employees and other persons contracted to carry out<br>
          asbestos work are informed of the dangers involved and of<br>
          any precautions that should be taken in connection with the<br>
          work, and<br>
          (b) employees, workplace owners and plant owners are<br>
          informed when asbestos work is being carried out, and<br>
          (c) persons are warned, by the use of signs, labels or<br>
          other similar measures, of the presence of asbestos or<br>
          asbestos-containing material in a place at which<br>
          construction work is being carried out.<br>
     (3) An employer must identify, and implement, measures to prevent the<br>
     uncontrolled disturbance of asbestos-containing material while<br>
     construction work is being carried out.<br>
     (4) An employer must ensure that procedures are in place for:<br>
          (a) the cleaning of premises at which asbestos work is<br>
          carried out, and<br>
          (b) the laundering and cleaning of personal protective<br>
          equipment used for asbestos work, and<br>
          (c) the containment of asbestos waste, and<br>
          (d) the disposal of asbestos and asbestos-containing<br>
          material.<br>
     (5) An employer must ensure that no asbestos-containing material,<br>
     including asbestos cement, is reused in connection with the carrying<br>
     out of construction work.<br>
     (6) An employer must ensure that no high-pressure processes are used<br>
     to clean the surface of asbestos-containing material, including<br>
     asbestos cement or any structures that consist of or contain<br>
     asbestos, during the carrying out of construction work.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 260<br>
Friable asbestos material<br>
 <br>
 <br>
260 Friable asbestos material<br>
An employer must restrict access:<br>
     (a) to friable asbestos material, and<br>
     (b) to construction work processes involving friable asbestos<br>
     material,<br>
by persons who are not licensed to carry out friable asbestos removal work in<br>
accordance with Chapter 10.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 261<br>
Monitoring<br>
 <br>
 <br>
261 Monitoring<br>
     (1) If a risk assessment in connection with Division 5 (Atmosphere)<br>
     of Part 4.3 of Chapter 4 indicates a need for atmospheric monitoring<br>
     of a workplace in which asbestos or asbestos-containing material is<br>
     located, the employer must ensure that the monitoring is carried out<br>
     by a competent person in accordance with the document entitled<br>
     Guidance Note on the Membrane Filter Method for Estimating Airborne<br>
     Asbestos Fibres 2nd Edition[NOHSC: 3003 (2005)] published by the NOHS<br>
     Commission, as in force from time to time.<br>
     (2) The analysis of samples obtained as a result of such monitoring<br>
     must be carried out:<br>
          (a) in a laboratory accredited by the National Association<br>
          of Testing Authorities, and<br>
          (b) in accordance with the document referred to in<br>
          subclause (1).<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 262<br>
Definition<br>
 <br>
 <br>
262 Definition<br>
In this Part:<br>
"diving work" means work carried out under water and while using underwater<br>
breathing apparatus, and includes work by the dive team in direct support of<br>
the diver.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 263<br>
Application<br>
 <br>
 <br>
263 Application<br>
This Part applies to diving work carried out in connection with:<br>
     (a) construction work, or<br>
     (b) work in relation to a vessel while it is moored or while it is in<br>
     a dock or in slips.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264<br>
Particular risk control measures<br>
 <br>
 <br>
264 Particular risk control measures<br>
An employer must ensure that:<br>
     (a) diving hazards associated with environmental conditions,<br>
     hyperbaric and physiological factors and the diving site are<br>
     controlled, and<br>
     (b) diving work carried out at depths of 50 metres (at sea level, or<br>
     equivalent at altitude) or less complies with AS/NZS 2299.1:<br>
     1999Occupational diving operations Part 1: Standard operational<br>
     practice, and<br>
     (c) the person diving holds a certificate issued by a medical<br>
     practitioner certifying that the person is medically fit for the<br>
     diving work, and<br>
     (d) the person diving holds an appropriate certificate issued under<br>
     the Australian Diver Accreditation Scheme (ADAS) administered by the<br>
     Department of Industry, Science and Resources of the Commonwealth.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264A<br>
Definitions<br>
 <br>
 <br>
264A Definitions<br>
     Note: The definitions in this clause are for the purpose of the issue<br>
     and use of licences under this Part only and do not limit or affect<br>
     any definitions of similar terms in other Parts of the Regulation.<br>
     (1) In this Part:<br>
     "boiler" means a boiler within the meaning of AS<br>
     2593�?995Boilers—Unattended and limited attendance but does not<br>
     include the following:<br>
          (a) a boiler identified in Table 1.1 in that Australian<br>
          Standard as belonging to Attendance category 3 (Unattended<br>
          Operation) or category 4 (Low Hazard),<br>
          (b) a hot drink dispenser with an internal volume of 0.014<br>
          cubic metres or less and a heat input of 5 kilowatts or<br>
          less and a maximum working pressure of 210 kilopascals or<br>
          less,<br>
          (c) a liquid heating unit where the liquid is intended to<br>
          be heated under a pressure above atmospheric pressure and<br>
          to a temperature not greater than 1 degree below the normal<br>
          atmospheric boiling point of the liquid,<br>
          (d) a boiler of the Hobby Miniature Locomotive type,<br>
          manufactured from steel and with an internal volume of 50<br>
          litres or less, or manufactured from copper and with an<br>
          internal volume of 25 litres or less and a maximum working<br>
          pressure of 700 kilopascals or less, if during the<br>
          construction of the locomotive the boiler has been<br>
          inspected in the manner described in AMBSC Code—Part 1:<br>
          Copper Boilers or AMBSC Code—Part 2: Steel Boilers, as<br>
          appropriate, by a person registered with the Australian<br>
          Miniature Boiler Safety Committee and is certified by that<br>
          person as having been so inspected,<br>
          (e) a direct-fired process heater,<br>
          (f) a vessel whose design allows it to operate empty of the<br>
          liquid or vapour that it is designed to heat without<br>
          adversely affecting its structure or its manner of<br>
          operation.<br>
     "corresponding law" means any of the following laws:<br>
          Occupational Health and Safety Act 1985 of Victoria<br>
          Workplace Health and Safety Act 2004 of Queensland<br>
          Occupational Health, Safety and Welfare Act 1986 of South<br>
          Australia<br>
          Occupational Safety and Health Act 1984 of Western<br>
          Australia<br>
          Workplace Health and Safety Act 1995 of Tasmania<br>
          Workplace Health and Safety Act 2007 of the Northern<br>
          Territory<br>
          Scaffolding and Lifts Act 1912 and Machinery Act 1949 of<br>
          the Australian Capital Territory<br>
     "crane" means an appliance intended for raising or lowering a load,<br>
     and moving it horizontally, but does not include:<br>
          (a) any industrial lift-truck, earthmoving machinery,<br>
          amusement structure, tractor, industrial robot or lift, or<br>
          (b) any front-end loader, backhoe, excavator or similar<br>
          plant configured for operation as a crane, or<br>
          (c) any non-slewing mobile crane with a capacity of 3<br>
          tonnes or less or used only for towing vehicles.<br>
     "dogging" means:<br>
          (a) the application of slinging techniques, including the<br>
          selection or inspection of lifting gear, to safely sling a<br>
          load, or<br>
          (b) the directing of a crane operator or hoist operator in<br>
          the movement of a load when the load is out of the<br>
          operator’s view.<br>
     "fork-lift truck" means a powered industrial truck equipped with a<br>
     mast and elevating load carriage to which is attached a pair of fork<br>
     arms or other loadholding attachment but does not include any<br>
     pedestrian-operated fork-lift truck or a pallet truck capable of<br>
     providing a maximum lift not exceeding 225 millimetres.<br>
     "high risk work" —see clause 264B.<br>
     "hoist" means an appliance intended for raising or lowering a load or<br>
     personnel and includes a mast-climbing work platform, a personnel and<br>
     materials hoist and a slip form or jump form, but does not include a<br>
     lift.<br>
     "licence" means a licence issued by WorkCover in accordance with the<br>
     National Standard authorising a person to perform one or more classes<br>
     of high risk work.<br>
     "loadshifting machine" means a fork-lift truck or order picking fork-<br>
     lift truck.<br>
     "materials platform hoist" means a powered builder’s hoist by which<br>
     only goods or materials (and not people) may be hoisted by means of a<br>
     car, bucket or platform cantilevered from, and travelling up and down<br>
     externally to, the face of a structure.<br>
     "mobile crane" means a crane that forms part of a vehicle.<br>
     "National Standard" means the National Standard for Licensing Persons<br>
     Performing High Risk Work (April 2006) prepared by the Commonwealth,<br>
     as in force from time to time.<br>
     "notice of satisfactory assessment" means a notice of satisfactory<br>
     assessment issued under clause 264L or a record of assessment issued<br>
     under a corresponding law that, in WorkCover’s opinion, is<br>
     equivalent to such a notice of satisfactory assessment.<br>
     "personnel and materials hoist" means a powered builder’s hoist,<br>
     comprising a car, structure, machinery or other associated equipment,<br>
     by which people, goods or materials may be hoisted, and includes a<br>
     cantilever hoist, a tower hoist, a multiple-winch assembly or winches<br>
     configured for operation as a hoist for the movement of people.<br>
     "power crane" means any crane driven by other than manual power.<br>
     "power hoist" means any hoist driven by other than manual power.<br>
     "recognised qualification" —see clause 264E.<br>
     "registered training organisation" or "RTO" means a training<br>
     organisation registered by a State or Territory registering body in<br>
     accordance with the Australian Quality Training Framework.<br>
     "rigging" means the exercising of direct control of the movement of<br>
     equipment and associated gear necessary for the purpose of:<br>
          (a) setting up or dismantling a crane or hoist, or similar<br>
          plant configured for operation as a crane or hoist, or<br>
          (b) placing or securing plant or a load relating to, and<br>
          including the structural members of, a building or<br>
          structure, or<br>
          (c) ensuring the stability of the structural members of a<br>
          building or structure.<br>
     "scaffolding" means the erection, alteration or dismantling of<br>
     temporary structures that are specifically erected to support<br>
     platforms, but does not include the erection, alteration or<br>
     dismantling of any such structure if the maximum distance a person or<br>
     object could fall from the structure is less than 4 metres.<br>
     "self-erecting tower crane" means a tower crane:<br>
          (a) whose erection and dismantling processes are an<br>
          inherent part of the crane’s function, and<br>
          (b) that has a tower element and a boom or jib element that<br>
          ordinarily remain fully assembled and part of the crane<br>
          during transport from one place to another place.<br>
     "State or Territory registering body" means:<br>
          (a) the Vocational Education and Training Accreditation<br>
          Board constituted by the Vocational Education and Training<br>
          Act 2005, or<br>
          (b) the body responsible for the accreditation of<br>
          vocational courses under a corresponding law.<br>
     "supervisor" means a person who:<br>
          (a) holds a licence or recognised qualification directly<br>
          relevant to the high risk work being supervised, and<br>
          (b) is working under the supervision of, or in partnership<br>
          with, an RTO.<br>
     "trainee", in relation to high risk work, means an unqualified person<br>
     who is engaged in a course of training for that kind of work and who<br>
     is of or above the age of 17 years.<br>
     "unqualified person", in relation to a kind of high risk work, means<br>
     a person who does not hold a licence or recognised qualification in<br>
     relation to that work.<br>
     (2) A locomotive containing a boiler that is exempt from the<br>
     definition of "boiler" in subclause (1) under paragraph (d) of that<br>
     definition must be in the charge of a person of or above the age of<br>
     18 years whenever it is operated.<br>
          Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264B<br>
High risk work<br>
 <br>
 <br>
264B High risk work<br>
For the purposes of this Part, "high risk work" means work of a kind listed<br>
under the subheadings in the following Schedule:<br>
     Schedule of work for which qualifications are required<br>
          Scaffolding<br>
               1.1 Basic scaffolding, consisting of scaffolding<br>
               work connected with the operation or use of plant<br>
               including:<br>
                    (a) modular or prefabricated scaffolds,<br>
                    and<br>
                    (b) cantilevered materials hoists with<br>
                    a maximum working load of 500<br>
                    kilograms, and<br>
                    (c) ropes and gin wheels, and<br>
                    (d) safety nets and static lines, and<br>
                    (e) bracket scaffolds (tank and<br>
                    formwork).<br>
               1.2 Intermediate scaffolding, consisting of all<br>
               basic scaffolding together with other scaffolding<br>
               work connected with the operation or use of plant<br>
               including:<br>
                    (a) cantilevered crane-loading<br>
                    platforms, and<br>
                    (b) cantilevered and spurred scaffolds,<br>
                    and<br>
                    (c) barrow ramps and sloping platforms,<br>
                    and<br>
                    (d) perimeter safety screens, fences<br>
                    and shutters, and<br>
                    (e) mast climbers, and<br>
                    (f) tube and coupler scaffolds<br>
                    (including tube and coupler covered<br>
                    ways and gantries).<br>
               1.3 Advanced scaffolding, consisting of all<br>
               intermediate scaffolding together with all other<br>
               scaffolding work connected with the operation or<br>
               use of plant including:<br>
                    (a) hung scaffolds, including scaffolds<br>
                    hanging from tubes, wire ropes or<br>
                    chains, and<br>
                    (b) suspended scaffolds.<br>
          Rigging<br>
               2.1 Dogging, consisting of the application of<br>
               slinging techniques to move a load (including the<br>
               selection and inspection of lifting gear) or the<br>
               directing of a crane or hoist operator in the<br>
               movement of a load when the load is out of the<br>
               view of the crane or hoist operator.<br>
               2.2 Basic rigging, consisting of dogging and<br>
               rigging work connected with the erection,<br>
               movement or placement of plant or materials<br>
               including:<br>
                    (a) movement of plant and equipment,<br>
                    and<br>
                    (b) steel erection, and<br>
                    (c) hoists (including mast-climbing<br>
                    hoists), and<br>
                    (d) placement of pre-cast concrete, and<br>
                    (e) safety nets and static lines, and<br>
                    (f) perimeter safety screens and<br>
                    shutters, and<br>
                    (g) cantilevered crane-loading<br>
                    platforms.<br>
               2.3 Intermediate rigging, consisting of all basic<br>
               rigging together with other rigging work<br>
               connected with the erection, movement or<br>
               placement of plant or materials including:<br>
                    (a) load-equalising gear, and<br>
                    (b) cranes, conveyors, dredges and<br>
                    excavators, and<br>
                    (c) tilt slabs, and<br>
                    (d) hoists with jibs and self-climbing<br>
                    hoists, and<br>
                    (e) demolition, and<br>
                    (f) dual lifts.<br>
               2.4 Advanced rigging, consisting of all<br>
               intermediate rigging together with all other<br>
               rigging work connected with the erection,<br>
               movement or placement of plant or materials<br>
               including:<br>
                    (a) gin poles and shear legs, and<br>
                    (b) flying foxes and cableways, and<br>
                    (c) guyed derricks and structures, and<br>
                    (d) suspended and fabricated hung<br>
                    scaffolds.<br>
          Crane and hoist operation<br>
               3.1 Operation and use of a tower crane (other<br>
               than a self-erecting tower crane).<br>
               3.2 Operation and use of a self-erecting tower<br>
               crane.<br>
               3.3 Operation and use of a derrick crane.<br>
               3.4 Operation and use of a portal boom crane.<br>
               3.5 Operation and use of a bridge or gantry crane<br>
               (other than one that is remotely controlled and<br>
               has 3 or fewer powered operations).<br>
               3.6 Operation and use of a vehicle-loading crane<br>
               with a capacity of 10 metre tonnes or more.<br>
               3.7 Operation and use of a non-slewing mobile<br>
               crane with a capacity of greater than 3 tonnes.<br>
               3.8.1 Operation and use of a slewing mobile crane<br>
               with a capacity of up to and including 20 tonnes.<br>
               3.8.2 Operation and use of a slewing mobile crane<br>
               with a capacity of up to and including 60 tonnes.<br>
               3.8.3 Operation and use of a slewing mobile crane<br>
               with a capacity of up to and including 100<br>
               tonnes.<br>
               3.8.4 Operation and use of a slewing mobile crane<br>
               with a capacity of more than 100 tonnes.<br>
               3.9 Operation and use of a materials hoist.<br>
               3.10 Operation and use of a personnel and<br>
               materials hoist.<br>
               3.11 Operation and use of a boom-type elevating<br>
               work platform with a boom 11 metres or more in<br>
               length.<br>
               3.12 Operation and use of a vehicle-mounted<br>
               concrete-placing boom.<br>
          Operation and use of fork-lift trucks<br>
               4.1 Operation and use of a fork-lift truck.<br>
               4.2 Operation and use of an order picking fork-<br>
               lift truck.<br>
          Operation of pressure equipment<br>
               5.1 Basic boiler operation, consisting of the<br>
               operation or use of any boiler whose operation<br>
               relies on:<br>
                    (a) a single fixed combustion air<br>
                    supply, and<br>
                    (b) a non-modulating single heat<br>
                    source, and<br>
                    (c) a fixed firing rate.<br>
               5.2 Intermediate boiler operation, consisting of<br>
               basic boiler operation together with the<br>
               operation or use of any other boiler whose<br>
               operation relies on:<br>
                    (a) a modulating combustion air supply,<br>
                    or<br>
                    (b) a modulating heat source, or<br>
                    (c) a superheater, or<br>
                    (d) an economiser.<br>
               5.3 Advanced boiler operation, consisting of<br>
               intermediate boiler operation together with the<br>
               operation or use of any other boiler whose<br>
               operation relies on multiple fuel types that may<br>
               be fired simultaneously. This does not include<br>
               boilers that change fuel type during start<br>
               sequence. For the purposes of this paragraph, a<br>
               boiler that relies on multiple fuel types means a<br>
               boiler that is fired using at least two of the<br>
               following fuel types:<br>
                    (a) gas,<br>
                    (b) liquid fuel, including oil and<br>
                    diesel fuel,<br>
                    (c) solid fuel, including coal<br>
                    (including pulverised coal),<br>
                    briquettes, coke, wood (including wood<br>
                    chips) or any other type of solid fuel.<br>
               5.4 Operation and use of a steam turbine that is<br>
               multi-wheeled or capable of a speed exceeding<br>
               3,600 rpm or a steam turbine that relies for its<br>
               operation on:<br>
                    (a) attached condensers, or<br>
                    (b) a multi-stage heat extraction<br>
                    process,<br>
               except a steam turbine that produces a power<br>
               output of less than 500 kilowatts.<br>
               5.5 Operation and use of a reciprocating steam<br>
               engine containing a piston of 250 millimetres or<br>
               more in diameter, including expanding (steam)<br>
               reciprocating engines.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264C<br>
Application of Part<br>
 <br>
 <br>
264C Application of Part<br>
     (1) This Part applies to high risk work.<br>
     (2) This Part applies only if that work is work as an employee or<br>
     self-employed person.<br>
     (3) Despite subclause (1), this Part does not apply to high risk work<br>
     listed in item 4.1 or 4.2 of the Schedule to clause 264B when carried<br>
     out at a mining workplace that is a mine, or at a coal workplace.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264D<br>
Manner of giving written notice<br>
 <br>
 <br>
264D Manner of giving written notice<br>
If any provision of this Part requires a written notice to be given to a person<br>
or served on a person, it may be:<br>
     (a) given to the person personally, or<br>
     (b) sent to the person by post to the person’s last known address<br>
     which, if the person has provided WorkCover with his or her address,<br>
     may be the address so provided.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264E<br>
Recognised qualifications<br>
 <br>
 <br>
264E Recognised qualifications<br>
     (1) A qualification obtained in another State or Territory that is<br>
     approved by WorkCover for the purposes of this clause is recognised<br>
     for the purpose of this Part in relation to high risk work.<br>
          Note: Clause 264ZB provides that certificates of competency<br>
          issued under Part 9.1 are taken to be licences in certain<br>
          circumstances.<br>
     (2) A qualification does not have any force for the purposes of this<br>
     Part while it is suspended or after it has been cancelled.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264F<br>
Requirement to be qualified to do high risk work<br>
 <br>
 <br>
264F Requirement to be qualified to do high risk work<br>
     (1) A person must not do any kind of high risk work to which this<br>
     Part applies unless the person holds a licence or recognised<br>
     qualification in relation to work of that kind.<br>
          Maximum penalty: Level 3.<br>
     (2) A person must not employ, direct or allow another person to do<br>
     any kind of high risk work to which this Part applies unless the<br>
     person doing the work holds a licence or recognised qualification in<br>
     relation to work of that kind.<br>
          Maximum penalty: Level 3.<br>
     (3) A person must not:<br>
          (a) contravene the conditions of a licence or recognised<br>
          qualification held by the person, or<br>
          (b) direct or allow another person to contravene the<br>
          conditions of a licence or recognised qualification held by<br>
          that other person.<br>
          Maximum penalty: Level 3.<br>
     (4) A trainee, an unqualified person or person employing, directing<br>
     or allowing a trainee or an unqualified person to do high risk work<br>
     does not commit an offence under this clause if the work is done in<br>
     accordance with the other provisions of this Part.<br>
     Note: Additional exemptions may be granted by WorkCover under Chapter<br>
     12.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264G<br>
Exception for trainees<br>
 <br>
 <br>
264G Exception for trainees<br>
     (1) An RTO must ensure that a trainee doing any kind of high risk<br>
     work:<br>
          (a) does the work under the supervision of a supervisor,<br>
          and<br>
          (b) keeps and maintains a record of training in accordance<br>
          with the requirements of clause 264H.<br>
     (2) The supervisor of a trainee engaged in high risk work must<br>
     directly supervise the trainee while the trainee is doing the work,<br>
     unless the employer of the trainee or the supervisor has established:<br>
          (a) that the circumstances of a particular task make direct<br>
          supervision impractical or unnecessary, and<br>
          (b) the trainee’s competency is such that direct<br>
          supervision can be reduced, and<br>
          (c) that a lesser degree of supervision would not endanger<br>
          the health or safety of the trainee or any other person.<br>
          Maximum penalty (subclause (2)): Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264H<br>
Trainee’s obligations—record of training and assessment<br>
 <br>
 <br>
264H Trainee’s obligations—record of training and assessment<br>
     (1) A trainee must make and give to the RTO responsible for providing<br>
     the training, a record of training in accordance with the National<br>
     Standard that includes:<br>
          (a) the name and address of the trainee, and<br>
          (b) the name and address of the RTO.<br>
     (2) The following information must be completed in the record at the<br>
     completion of each training session:<br>
          (a) a signed entry by the supervisor on each occasion of<br>
          training, including the supervisor’s name and licence<br>
          number, and<br>
          (b) a description of the tasks performed during any such<br>
          training, including the type of equipment used or operated<br>
          and the outcomes achieved, and<br>
          (c) a record of the dates and times during which that work<br>
          was done.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264I<br>
Exception for holders of notices of satisfactory assessment<br>
 <br>
 <br>
264I Exception for holders of notices of satisfactory assessment<br>
     (1) An unqualified person who has been issued with a notice of<br>
     satisfactory assessment that indicates that the person is competent<br>
     to do a specified kind of high risk work may do work of that kind<br>
     until the expiration of 60 days after the date of issue of the<br>
     notice.<br>
     (2) If the person applies to WorkCover for a licence within that<br>
     period, the person may continue to do work of that kind:<br>
          (a) until the person is issued with a licence, or<br>
          (b) until 14 days after the person receives notice that the<br>
          application has been refused.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264J<br>
Exception for maintenance or demonstration<br>
 <br>
 <br>
264J Exception for maintenance or demonstration<br>
     (1) An unqualified person may do any kind of high risk work (other<br>
     than dogging or scaffolding) that involves the operation or use of<br>
     plant if the work:<br>
          (a) does not involve operating or using the plant for the<br>
          purpose for which it was designed, and<br>
          (b) is done solely for the purpose of the testing,<br>
          trialling, installing, commissioning, maintaining,<br>
          servicing, repairing, altering or disposing of the plant.<br>
     (2) A person may operate a crane or hoist solely for the purpose of<br>
     setting up or dismantling the crane or hoist if the person holds a<br>
     licence or recognised qualification relating to rigging that<br>
     qualifies the person to set up or dismantle a crane or hoist.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264K<br>
Applications for assessment<br>
 <br>
 <br>
264K Applications for assessment<br>
     (1) A person may apply to an assessing body for an assessment of the<br>
     person’s competency to do high risk work if:<br>
          (a) the person is at least 18 years of age, and<br>
          (b) the person has completed the relevant training in<br>
          accordance with the National Standard and any guidelines<br>
          issued by WorkCover for the purposes of that training in<br>
          relation to the class of high risk work to which the<br>
          person’s application relates.<br>
     (2) The application:<br>
          (a) must be in the approved form, and<br>
          (b) must be accompanied by such material or information to<br>
          support the application as the assessing body may require.<br>
     (3) An application must include evidence of the applicant’s age and<br>
     identity that is approved by WorkCover for the purposes of this<br>
     clause.<br>
     (4) In this clause, "assessing body" means an RTO registered under<br>
     Division 4 or, if no RTO is registered under that Division,<br>
     WorkCover.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264L<br>
Assessment of competency<br>
 <br>
 <br>
264L Assessment of competency<br>
     (1) The following persons may conduct assessments for the purposes of<br>
     this Part:<br>
          (a) a person who is a registered nominated person in<br>
          respect of an RTO that is approved under Division 4, or<br>
          (b) WorkCover.<br>
     (2) If a person is assessed as being competent to do high risk work,<br>
     the person who conducted the assessment must issue to the person a<br>
     notice of satisfactory assessment specifying the high risk work that<br>
     the person has been assessed as being competent to do.<br>
     (3) A person referred to in subclause (1) (a) who does any of the<br>
     following is guilty of an offence:<br>
          (a) assesses a person’s competency to do high risk work<br>
          otherwise than in accordance with the National Standard or<br>
          the guidelines issued by WorkCover in relation to the<br>
          conduct of assessments for such work,<br>
          (b) issues a notice of satisfactory assessment without<br>
          assessing the person as being competent to do the high risk<br>
          work specified in the notice,<br>
          (c) falsely assesses the person as being competent to do<br>
          high risk work,<br>
          (d) assesses a person’s competency to do high risk work,<br>
          being aware that the person has been assessed in relation<br>
          to the same kind of work within the previous 21 days,<br>
          (e) assesses a person who is under the age of 18 years,<br>
          (f) refuses to issue a notice of satisfactory assessment in<br>
          respect of the high risk work despite having assessed the<br>
          person as being competent to do the work.<br>
          Maximum penalty (subclause (3)): Level 4.<br>
     (4) A person must not conduct assessments for the purposes of this<br>
     Part unless the person is a nominated person approved in respect of<br>
     an RTO that is approved under Division 4.<br>
          Maximum penalty (subclause (4)): Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264M<br>
Assessment guidelines<br>
 <br>
 <br>
264M Assessment guidelines<br>
     (1) An applicant’s competency to do high risk work must be assessed<br>
     in accordance with the National Standard and any guidelines issued by<br>
     WorkCover in relation to the conduct of assessments.<br>
     (2) Such guidelines may make provision for any one or more of the<br>
     following matters:<br>
          (a) techniques for directly observing the applicant’s<br>
          performance of the work under workplace conditions,<br>
          (b) simulated work-related tasks to be performed,<br>
          (c) checklists to be completed by the applicant,<br>
          (d) projects or assignments to be completed by the<br>
          applicant,<br>
          (e) test questions,<br>
          (f) any other methods of assessment.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264N<br>
Appeals against the outcome of assessments<br>
 <br>
 <br>
264N Appeals against the outcome of assessments<br>
     (1) A person who is affected by the outcome of an assessment<br>
     conducted:<br>
          (a) by an approved nominated person in respect of an RTO,<br>
          may apply to the RTO for a review of the outcome, or<br>
          (b) by WorkCover, may apply to WorkCover for a review of<br>
          the outcome.<br>
     (2) An application for review under subclause (1) (b) must be made in<br>
     writing within 14 days after the applicant receives notice of the<br>
     relevant outcome.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264O<br>
Assessment of competency at direction of WorkCover<br>
 <br>
 <br>
264O Assessment of competency at direction of WorkCover<br>
     (1) A written notice directing a person to have his or her competency<br>
     assessed may be given, at any time, by WorkCover:<br>
          (a) to a person who is the holder of a licence, or<br>
          (b) to a person whose licence is suspended, or<br>
          (c) to a person who has lodged an application for the issue<br>
          or renewal of a licence.<br>
     (2) WorkCover may suspend, cancel or refuse to issue or renew the<br>
     licence if the person refuses or fails to comply, without reasonable<br>
     excuse, with the requirements set out in the notice.<br>
     (3) If WorkCover decides to suspend, cancel or refuse to issue or<br>
     renew a licence under this clause, WorkCover must give the person<br>
     written notice:<br>
          (a) stating that the licence has been suspended or<br>
          cancelled, or that the application for the issue or renewal<br>
          of a licence has been refused, and<br>
          (b) giving reasons for the suspension, cancellation or<br>
          refusal, and<br>
          (c) in the case of a suspension, stating the period for<br>
          which the licence is suspended.<br>
     (4) The suspension or cancellation of a licence takes effect on the<br>
     date on which notice of the suspension or cancellation is given to<br>
     the holder of the licence or on such later date as may be specified<br>
     in the notice.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264P<br>
Approval of RTO and persons nominated as providers of high risk work<br>
assessments<br>
 <br>
 <br>
264P Approval of RTO and persons nominated as providers of high risk work<br>
assessments<br>
     (1) An RTO may apply to WorkCover for approval as a provider of high<br>
     risk work assessments.<br>
     (2) The application must:<br>
          (a) be in the approved form, and<br>
          (b) be accompanied by the application fee as determined by<br>
          WorkCover, and<br>
          (c) be accompanied by:<br>
               (i) a copy of the RTO’s registration with the<br>
               relevant State or Territory registering body, and<br>
               (ii) the name of each person nominated by the RTO<br>
               to be approved to carry out high risk work<br>
               assessments (a "nominated person"), and<br>
          (d) be lodged in the approved manner.<br>
     (3) WorkCover may approve the RTO or may refuse the application for<br>
     such reasons as it considers sufficient.<br>
     (4) If WorkCover approves an RTO, WorkCover may approve each<br>
     nominated person named in the application in respect of that RTO or<br>
     may refuse to approve any such person for such reasons as it<br>
     considers sufficient.<br>
     (5) An approved RTO may at any time apply to have a nominated person<br>
     approved as a provider of high risk work assessments in respect of<br>
     that RTO.<br>
     (6) WorkCover may approve the nominated person or may refuse the<br>
     application for such reasons as it considers sufficient.<br>
     (7) WorkCover cannot approve a nominated person under this clause<br>
     unless the person is accredited as an assessor under Division 4 of<br>
     Part 9.1.<br>
     (8) If WorkCover approves an RTO or a nominated person, it must issue<br>
     a notice of approval to the RTO.<br>
     (9) If a person ceases to be a nominated person because that person<br>
     is no longer under the supervision of, or in partnership with, the<br>
     RTO in respect of which he or she is approved, the RTO must inform<br>
     WorkCover of that matter within 14 days.<br>
     (10) An RTO must not provide a high risk work assessment or advertise<br>
     the provision of such assessments unless the RTO is approved for that<br>
     purpose by WorkCover and the assessment is carried out by a nominated<br>
     person approved in respect of that RTO.<br>
          Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264Q<br>
Suspension and cancellation of approval<br>
 <br>
 <br>
264Q Suspension and cancellation of approval<br>
     (1) WorkCover may suspend or cancel the approval of an RTO as a<br>
     provider of high risk work assessments if it is satisfied that:<br>
          (a) an approved nominated person in respect of the RTO has<br>
          carried out an assessment of competency:<br>
               (i) otherwise than in accordance with the<br>
               guidelines issued by WorkCover in relation to the<br>
               conduct of assessments, or<br>
               (ii) in respect of a person who is under the age<br>
               of 18 years, or<br>
          (b) the RTO was approved on the basis of false or<br>
          misleading information or a failure to disclose or provide<br>
          required information, or<br>
          (c) the RTO has had its approval suspended or cancelled<br>
          under clause 218.<br>
     (2) If the registration of an RTO is cancelled, any approval of the<br>
     body and of each person nominated in respect of that RTO under this<br>
     Division is immediately cancelled.<br>
     (3) If the registration of an RTO is suspended, any approval of the<br>
     RTO and of each person nominated in respect of that RTO under this<br>
     Division is also suspended during that suspension.<br>
     (4) WorkCover may suspend or cancel the approval of a nominated<br>
     person if it is satisfied that:<br>
          (a) the person is no longer competent to conduct high risk<br>
          work assessments, or<br>
          (b) the person has been convicted of an offence against the<br>
          Act or the associated occupational health and safety<br>
          legislation, or any regulation under the Act or that<br>
          legislation, or of an offence against a corresponding law<br>
          or any regulation under a corresponding law, or<br>
          (c) the person was approved on the basis of false or<br>
          misleading information or a failure to disclose or provide<br>
          required information, or<br>
          (d) the person has contravened the National Standard or a<br>
          guideline relating to the conduct of high risk work<br>
          assessments, or<br>
          (e) the person has had his or her accreditation as an<br>
          assessor suspended or cancelled under clause 287, or<br>
          (f) the person has had his or her approval suspended or<br>
          cancelled under clause 218, or<br>
          (g) the person has carried out an assessment of competency<br>
          for high risk work:<br>
               (i) otherwise than in accordance with the<br>
               National Standard or the guidelines issued by<br>
               WorkCover in relation to the conduct of<br>
               assessments, or<br>
               (ii) otherwise than under the supervision of, or<br>
               in partnership with, an RTO approved by WorkCover<br>
               as a provider of high risk work assessments,<br>
               (iii) in respect of a person who is under the age<br>
               of 18 years.<br>
     (5) Before suspending or cancelling the approval of an RTO or a<br>
     nominated person, WorkCover:<br>
          (a) must cause written notice of the proposed suspension or<br>
          cancellation to be given to the RTO or person, and<br>
          (b) must give the RTO or person reasonable opportunity to<br>
          make representations to WorkCover in relation to the<br>
          proposed suspension or cancellation, and<br>
          (c) must have regard to any representations so made.<br>
     (6) If, after having regard to any representations made by the RTO or<br>
     nominated person, WorkCover decides to proceed with the proposed<br>
     suspension or cancellation, WorkCover must give to the RTO or<br>
     nominated person a written notice:<br>
          (a) stating that the approval is suspended or cancelled,<br>
          and<br>
          (b) in the case of a suspension, specifying the period for<br>
          which the approval is suspended, and<br>
          (c) giving reasons for the suspension or cancellation.<br>
     (7) The suspension or cancellation takes effect on the date on which<br>
     notice of the suspension or cancellation is given to the RTO or<br>
     nominated person or such later date as may be specified in the<br>
     notice.<br>
     (8) An RTO or a nominated person is taken not to be approved during<br>
     any period of suspension.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264R<br>
Applications for licences<br>
 <br>
 <br>
264R Applications for licences<br>
An application for the issue of or renewal of a licence to do high risk work:<br>
     (a) must be lodged with an organisation nominated by WorkCover to<br>
     accept such applications (including WorkCover itself if nominated),<br>
     and<br>
     (b) must be in the approved form, and<br>
     (c) must be accompanied by such material or information to support<br>
     the application (such as any relevant notice of satisfactory<br>
     assessment) as WorkCover may require, and<br>
     (d) must be accompanied by the fee fixed for the time being by<br>
     WorkCover to cover expenses in connection with the regulation of<br>
     holders of licences of the class concerned.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264S<br>
Issue of licences<br>
 <br>
 <br>
264S Issue of licences<br>
     (1) WorkCover must issue a licence authorising a person to do a<br>
     particular kind of high risk work if:<br>
          (a) the person has complied with the application<br>
          requirements in clause 264R, and<br>
          (b) the person is the holder of a notice of satisfactory<br>
          assessment, issued not more than 60 days before the date of<br>
          the application, that indicates that the applicant is<br>
          competent to do work of that kind, and<br>
          (c) WorkCover is satisfied that the person can be relied on<br>
          to do work of that kind without endangering the health or<br>
          safety of that or any other person.<br>
     (2) However, WorkCover may refuse to issue a licence to an applicant<br>
     if:<br>
          (a) the applicant is less than 18 years of age, or<br>
          (b) any relevant licence, qualification or exemption held<br>
          by the applicant has been suspended or cancelled within the<br>
          previous 5 years.<br>
     (3) If an application is refused, WorkCover must ensure that written<br>
     notice of the refusal, and of the reasons for the refusal, are given<br>
     to the applicant.<br>
     (4) For the purpose of determining the kind of high risk work for<br>
     which a licence may be issued, WorkCover may (but is not required to)<br>
     have regard to the classes of high risk work set out in the National<br>
     Standard.<br>
     (5) If a person applies for a licence and the person has previously<br>
     held a licence of the same type as that applied for, or relating to<br>
     the same kind of work as will be authorised by the licence applied<br>
     for, WorkCover may, if it thinks it appropriate to do so, dispense<br>
     with the requirement under subclause (1) (b).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264T<br>
Form of licences<br>
 <br>
 <br>
264T Form of licences<br>
A licence must be in the approved form and must:<br>
     (a) specify the following:<br>
          (i) the name and date of birth of the person to whom it is<br>
          issued,<br>
          (ii) the date of its issue,<br>
          (iii) a description of the kind of high risk work that the<br>
          licence authorises its holder to do,<br>
          (iv) a unique identifying number,<br>
          (v) the expiry date of the licence if the licence is issued<br>
          for a limited period,<br>
          (vi) any conditions attached to the licence, and<br>
     (b) contain a photograph of the person to whom it is issued.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264U<br>
Term of licences<br>
 <br>
 <br>
264U Term of licences<br>
     (1) Unless sooner cancelled, a licence expires on the earlier of:<br>
          (a) the day that is 5 years after its date of issue, or<br>
          (b) the day that the licence is surrendered to an<br>
          organisation nominated by WorkCover to accept surrendered<br>
          licences (including WorkCover itself if nominated), or<br>
          (c) the day that the holder of the licence is issued a new<br>
          licence authorising the holder to do the same kind of work<br>
          as the holder is authorised to do under the existing<br>
          licence.<br>
     (2) A licence is of no effect while it is suspended.<br>
     (3) Despite subclause (1), if the holder of a licence has applied<br>
     under this Division for the issue or renewal of a licence authorising<br>
     the holder to do that same kind of work as the holder is authorised<br>
     to do under the licence referred to in that subclause that is in<br>
     force, the existing licence does not expire (unless it is cancelled)<br>
     until WorkCover:<br>
          (a) issues the licence applied for, or<br>
          (b) gives the notice referred to in clause 264S (3).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264V<br>
Renewal of licences<br>
 <br>
 <br>
264V Renewal of licences<br>
     (1) WorkCover may, on the application of the holder of a licence,<br>
     renew a licence.<br>
     (2) Clause 264S applies to an application for the renewal of a<br>
     licence in the same way as it applies to an application for the issue<br>
     of a licence.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264W<br>
Replacement of lost, stolen, damaged or destroyed licences<br>
 <br>
 <br>
264W Replacement of lost, stolen, damaged or destroyed licences<br>
     (1) The holder of a licence that is lost, stolen, damaged or<br>
     destroyed may apply to WorkCover for a replacement licence.<br>
     (2) The application:<br>
          (a) must be in the approved form, and<br>
          (b) must be accompanied by a statement by the applicant<br>
          that explains how, or the circumstances in which, the<br>
          licence was lost, stolen, damaged or destroyed, and<br>
          (c) must be accompanied by the fee fixed for the time being<br>
          by WorkCover to cover expenses in connection with issue of<br>
          replacement licences.<br>
     (3) WorkCover may issue a replacement licence if satisfied that the<br>
     applicant’s licence has been lost, stolen, damaged or destroyed.<br>
     (4) If an application is refused, WorkCover must ensure that written<br>
     notice of the refusal, and of the reasons for the refusal, are given<br>
     to the applicant.<br>
     (5) The holder of a licence that is replaced under this clause:<br>
          (a) must within 7 days surrender the original licence if it<br>
          is recovered, or<br>
          (b) in the case of a damaged licence that is replaced, must<br>
          within 7 days surrender the damaged licence.<br>
          Maximum penalty (subclause (5)): Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264X<br>
Holder to produce licence<br>
 <br>
 <br>
264X Holder to produce licence<br>
     (1) An inspector may direct a person doing high risk work to produce<br>
     for inspection immediately:<br>
          (a) the licence, recognised qualification or exemption<br>
          (including a notice of satisfactory assessment that was<br>
          issued within the previous 60 days) that authorises the<br>
          person to do the work or, if the person is a trainee, the<br>
          person’s record of training in relation to the work, and<br>
          (b) a sample of the person’s usual signature.<br>
     (2) A person to whom such a direction is given must not fail to<br>
     comply with the direction.<br>
          Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264Y<br>
Suspension or cancellation of licences<br>
 <br>
 <br>
264Y Suspension or cancellation of licences<br>
     (1) WorkCover may suspend or cancel a licence if satisfied that:<br>
          (a) the holder of the licence is no longer competent to do<br>
          work of the kind authorised by the licence, or<br>
          (b) the holder of the licence can no longer be relied on to<br>
          do work of the kind authorised by the licence without<br>
          endangering the health or safety of the holder or any other<br>
          person, or<br>
          (c) the licence was obtained on the basis of false or<br>
          misleading information or a failure to disclose or provide<br>
          required information.<br>
     (2) Before suspending or cancelling a licence, WorkCover:<br>
          (a) must cause written notice of the proposed suspension or<br>
          cancellation to be given to the holder of the licence, and<br>
          (b) must give the holder of the licence a reasonable<br>
          opportunity to make representations to WorkCover in<br>
          relation to the proposed suspension or cancellation, and<br>
          (c) must have regard to any representations so made.<br>
     (3) If, after having regard to any representations made by the holder<br>
     of the licence, WorkCover decides to proceed with the proposed<br>
     suspension or cancellation, WorkCover must give to the holder a<br>
     written notice:<br>
          (a) stating that the licence is suspended or cancelled, and<br>
          (b) in the case of a suspension, specifying the period for<br>
          which the licence is suspended, and<br>
          (c) giving reasons for the suspension or cancellation.<br>
     (4) The suspension or cancellation takes effect on the date on which<br>
     notice of the suspension or cancellation is given to the holder of<br>
     the licence or such later date as may be specified in the notice.<br>
     (5) To remove any doubt, WorkCover may suspend or cancel a licence on<br>
     grounds arising wholly or partly outside New South Wales.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264Z<br>
Immediate suspension<br>
 <br>
 <br>
264Z Immediate suspension<br>
     (1) An inspector may, by notice served on the holder of a licence,<br>
     immediately suspend the licence for a period of up to 10 days from<br>
     the day on which the notice is served if the inspector has a<br>
     reasonable concern about:<br>
          (a) the competency of the holder to do work of the kind<br>
          authorised by the licence, or<br>
          (b) the reliability of the holder to do work of the kind<br>
          authorised by the licence without endangering the health or<br>
          safety of the holder or any other person.<br>
     (2) The notice of suspension:<br>
          (a) must be in writing, and<br>
          (b) must give reasons for the suspension, and<br>
          (c) must specify the period for which the licence is<br>
          suspended, and<br>
          (d) must state that the holder of the licence may object to<br>
          the suspension by providing WorkCover with reasons why the<br>
          suspension should not be maintained for that period.<br>
     (3) WorkCover must immediately terminate the suspension and give<br>
     written notice to the holder of the licence of that fact if, after<br>
     considering any objection by the holder, WorkCover is satisfied that<br>
     the suspension should not be maintained.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264ZA<br>
Cancelled licences must be surrendered<br>
 <br>
 <br>
264ZA Cancelled licences must be surrendered<br>
The holder of a licence that is cancelled must return the licence to WorkCover<br>
within such period as may be specified in the notice of cancellation.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 264ZB<br>
Saving of certain certificates of competency<br>
 <br>
 <br>
264ZB Saving of certain certificates of competency<br>
     (1) A certificate of competency issued under Part 9.1 before 1<br>
     September 2009 is taken to be a licence issued under this Part if the<br>
     certificate was issued for the kind of work for which a licence may<br>
     be issued under this Part.<br>
     (2) A licence to which subclause (1) applies expires (subject to<br>
     clause 264U (3)) on the day on which the certificate of competency<br>
     would have expired if this Part had not commenced unless sooner<br>
     cancelled or surrendered under this Part.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 265<br>
Definitions<br>
 <br>
 <br>
265 Definitions<br>
In this Part:<br>
"assessor" means:<br>
     (a) WorkCover, or<br>
     (b) a person who is accredited as an assessor under Division 4, or<br>
     (c) a registered training organisation.<br>
"certificate of competency" means a certificate of competency issued under this<br>
Part.<br>
     Note: The definition includes former authorities taken to be<br>
     certificates of competency. See clause 268.<br>
"corresponding law" means any of the following laws:<br>
     Occupational Health and Safety Act 1985 of Victoria<br>
     Workplace Health and Safety Act 2004 of Queensland<br>
     Occupational Health, Safety and Welfare Act 1986 of South Australia<br>
     Occupational Safety and Health Act 1984 of Western Australia<br>
     Workplace Health and Safety Act 1995 of Tasmania<br>
     Workplace Health and Safety Act 2007 of the Northern Territory<br>
     Scaffolding and Lifts Act 1912 and Machinery Act 1949 of the<br>
     Australian Capital Territory<br>
"fumigant" means any of the following chemicals:<br>
     (a) methyl bromide,<br>
     (b) phosphine,<br>
     (c) ethylene oxide (except single dose canisters),<br>
     (d) ethylene dichloride,<br>
     (e) carbon disulphide,<br>
     (f) chloropicrin,<br>
     (g) hydrogen cyanide.<br>
"fumigation" means the use of a fumigant.<br>
"loadshifting machine" means a dragline, excavator, front-end loader, front-end<br>
loader/backhoe, or front-end loader of the skid-steer type.<br>
"National Certification Standard" means the document entitled National<br>
Occupational Health and Safety Certification Standard for Users and Operators<br>
of Industrial Equipment (NOHSC: 1006) published by the NOHS Commission, as in<br>
force from time to time.<br>
"National Competency Guidelines" means the document entitled National<br>
Guidelines for Occupational Health and Safety Competency Standards for the<br>
Operation of Loadshifting Equipment and Other Types of Specified Equipment<br>
(NOHSC: 7019) published by the NOHS Commission, as in force from time to time.<br>
"National Standard for Licensing Pest Management Technicians" means the<br>
document entitled National Standard for Licensing Pest Management Technicians<br>
published in 1999 by the National Environmental Health Forum (National<br>
Environmental Health Monographs General Series No 4).<br>
"notice of satisfactory assessment" means:<br>
     (a) in relation to the application of pesticides or the use of<br>
     fumigants, a qualification or statement of attainment issued by an<br>
     RTO, or<br>
     (b) in any other case, a notice of satisfactory assessment issued<br>
     under clause 281 or a record of assessment issued under a<br>
     corresponding law that, in WorkCover’s opinion, is equivalent to<br>
     such a notice of satisfactory assessment.<br>
"pesticide" means a pesticide within the meaning of the Pesticides Act 1999.<br>
"recognised course of training" means a course of training that is recognised<br>
in accordance with clause 271 (2).<br>
"recognised qualification" —see clause 269.<br>
"registered training organisation" or "RTO" has the same meaning as in the<br>
Vocational Education and Training Act 2005.<br>
"supervisor", in relation to a trainee, means a person who is designated as the<br>
trainee’s supervisor under clause 273 (2).<br>
"trainee", in relation to work to which this Part applies, means an unqualified<br>
person who is engaged in a recognised course of training for that kind of work<br>
and who is of or above the age of 17 years.<br>
"unqualified person" means a person who does not hold a recognised<br>
qualification.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 266<br>
Scheduled work<br>
 <br>
 <br>
266 Scheduled work<br>
For the purposes of this Part, "scheduled work" means work of a kind listed<br>
under the subheadings in the following Schedule:<br>
     Schedule of work for which qualifications are required<br>
          Operation and use of loadshifting machines<br>
               10.3 Operation and use of a dragline.<br>
               10.4 Operation and use of an excavator.<br>
               10.5 Operation and use of a front-end loader.<br>
               10.6 Operation and use of a front-end loader/<br>
               backhoe.<br>
               10.7 Operation and use of a front-end loader of<br>
               the skid-steer type.<br>
          Application of pesticides<br>
               11 Application of pesticides (other than<br>
               fumigants), but not including the following:<br>
                    (a) the application of pesticides by a<br>
                    person for the purposes of the carrying<br>
                    out of agriculture by the person,<br>
                    including:<br>
                         (i) horticulture, or<br>
                         (ii) the use of land for any<br>
                         purpose of husbandry, such as<br>
                         the keeping or breeding of<br>
                         livestock, poultry or bees,<br>
                         or<br>
                         (iii) the growing of fruit<br>
                         and vegetables,<br>
                    but not including the processing or<br>
                    storing of agricultural products unless<br>
                    undertaken in connection with another<br>
                    agricultural purpose carried out by the<br>
                    person,<br>
                    (b) the application of pesticides as<br>
                    authorised by or under the Pesticides<br>
                    Act 1999.<br>
          Use of fumigants<br>
               12 Use of fumigants.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 267<br>
Application of Part<br>
 <br>
 <br>
267 Application of Part<br>
     (1) This Part applies to scheduled work.<br>
     (2) This Part applies only if that work is work as an employee or<br>
     self-employed person.<br>
     (4) Despite subclause (1), this Part does not apply to scheduled work<br>
     listed in items 10.3�?0.7 of the Schedule to clause 266 when<br>
     carried out at a mining workplace that is a mine, or at a coal<br>
     workplace.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 267A<br>
Manner of giving written notice<br>
 <br>
 <br>
267A Manner of giving written notice<br>
If any provision of this Part requires a written notice to be given to a person<br>
or served on a person, it may be:<br>
     (a) given to the person personally, or<br>
     (b) sent to the person by post to the person’s last known address<br>
     which, if the person has provided WorkCover with his or her address,<br>
     may be the address so provided.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 268<br>
Former authorities<br>
 <br>
 <br>
268 Former authorities<br>
     (1) In this clause, "former authority" means:<br>
          (a) a certificate of competency in force under an Act or<br>
          regulation repealed by the Occupational Health and Safety<br>
          Act 2000 immediately before that repeal (being a<br>
          certificate of competency of a kind that could be issued<br>
          under this Part), and<br>
          (b) a pest control operator’s licence, or fumigation<br>
          permit, in force under the Occupational Health and Safety<br>
          (Pest Control) Regulation 1988 immediately before its<br>
          repeal.<br>
     (2) Unless sooner cancelled, a former authority is taken to be a<br>
     certificate of competency issued under this Part authorising the<br>
     doing of the same kind of work to which the authority relates until<br>
     the expiration of the term (if any) for which the authority was<br>
     issued.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 269<br>
Recognised qualifications<br>
 <br>
 <br>
269 Recognised qualifications<br>
     (1) The following qualifications are recognised for the purposes of<br>
     this Part in relation to scheduled work (other than work that<br>
     involves the application of pesticides or the use of fumigants):<br>
          (a) a qualification in force under a corresponding law,<br>
          (b) a certificate of competency (however described)<br>
          approved by WorkCover for the purposes of this clause.<br>
     (2) The following qualifications are recognised for the purposes of<br>
     this Part in relation to scheduled work that involves the application<br>
     of pesticides or the use of fumigants:<br>
          (a) a qualification obtained in another State or in a<br>
          Territory, being a qualification approved by WorkCover for<br>
          the purposes of this clause,<br>
          (b) a certificate of competency (however described)<br>
          approved by WorkCover for the purposes of this clause.<br>
     (3) A recognised qualification within the meaning of the Occupational<br>
     Health and Safety (Certificates of Competency) Regulation 1996 is a<br>
     recognised qualification for the purposes of this Part.<br>
     (4) A qualification does not have any force for the purposes of this<br>
     Part while it is suspended or after it has been cancelled.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 270<br>
Requirement to be qualified to do scheduled work<br>
 <br>
 <br>
270 Requirement to be qualified to do scheduled work<br>
     (1) A person must not do any kind of scheduled work unless the person<br>
     holds a certificate of competency or recognised qualification in<br>
     relation to work of that kind.<br>
          Maximum penalty: Level 3.<br>
     (2) A person must not employ, direct or allow another person to do<br>
     any kind of scheduled work unless the person doing the work holds a<br>
     certificate of competency or recognised qualification in relation to<br>
     work of that kind.<br>
          Maximum penalty: Level 3.<br>
     (3) A person must not:<br>
          (a) contravene the conditions of a certificate of<br>
          competency or recognised qualification held by the person,<br>
          or<br>
          (b) direct or allow another person to contravene the<br>
          conditions of a certificate of competency or recognised<br>
          qualification held by that other person.<br>
          Maximum penalty: Level 3.<br>
     (4) This clause is subject to the other provisions of this Part.<br>
     Note: Additional exemptions may be granted by WorkCover under Chapter<br>
     12.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 271<br>
Exception for trainees<br>
 <br>
 <br>
271 Exception for trainees<br>
     (1) A trainee may do any kind of scheduled work to which a recognised<br>
     course of training in which the trainee is engaged relates if the<br>
     person:<br>
          (a) does the work under the supervision of a supervisor,<br>
          and<br>
          (b) keeps and maintains a record of training in accordance<br>
          with the requirements of clause 275.<br>
     (2) For the purposes of this clause, a course of training is<br>
     recognised in relation to a person if, when the person began that<br>
     course, the course was recognised by the guidelines issued by<br>
     WorkCover in relation to the training of trainees.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 272<br>
Responsibility for providing supervision of trainees<br>
 <br>
 <br>
272 Responsibility for providing supervision of trainees<br>
For the purposes of this Division, the person responsible for ensuring that a<br>
trainee is properly supervised in the doing of scheduled work is:<br>
     (a) in the case of a trainee who is doing the work as an employee,<br>
     the person’s employer, or<br>
     (b) in the case of a trainee who is doing the work under contract as<br>
     an independent contractor, the person for whom he or she is doing the<br>
     work under that contract, or<br>
     (c) in the case of a trainee who is doing the work while engaged in a<br>
     course of training for that work, the person by whom that course is<br>
     being conducted, or<br>
     (d) in the case of a trainee who is doing the work under an<br>
     arrangement with some other person (whether or not for reward)<br>
     otherwise than as referred to in paragraph (a), (b) or (c), that<br>
     other person.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 273<br>
Responsible person’s obligations<br>
 <br>
 <br>
273 Responsible person’s obligations<br>
     (1) The person responsible for a trainee doing scheduled work must<br>
     ensure that the following requirements are complied with:<br>
          (a) the trainee must at all times be directly supervised by<br>
          a supervisor designated by the person in accordance with<br>
          subclause (2), unless the responsible person or supervisor<br>
          has established:<br>
               (i) that the trainee’s competency makes direct<br>
               supervision unnecessary, and<br>
               (ii) that a lesser degree of supervision would<br>
               not endanger the health or safety of the trainee<br>
               or any other person,<br>
          (b) the trainee must receive directions, demonstrations,<br>
          training and monitoring appropriate to the work and<br>
          commensurate with the competence of the trainee,<br>
          (c) it must be possible for immediate remedial action to be<br>
          taken in the event of an emergency arising out of the<br>
          trainee’s doing the work.<br>
          Maximum penalty: Level 3.<br>
     (2) The person responsible for a trainee may designate a supervisor<br>
     for the trainee only if:<br>
          (a) the supervisor is a person who holds a certificate of<br>
          competency or recognised qualification in relation to work<br>
          of the kind being done by the trainee, or<br>
          (b) if no such person is available, the supervisor is a<br>
          person who belongs to a class of persons that the<br>
          guidelines issued by WorkCover in relation to the<br>
          supervision of trainees recognise as competent to directly<br>
          supervise a trainee in the doing of the type of work<br>
          concerned.<br>
     (3) The person responsible for a trainee must ensure that the trainee<br>
     keeps and maintains a record of training in accordance with clause<br>
     275.<br>
          Maximum penalty (subclause (3)): Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 274<br>
Supervisor’s obligations<br>
 <br>
 <br>
274 Supervisor’s obligations<br>
     (1) The supervisor of a trainee doing scheduled work must directly<br>
     supervise the trainee while the trainee is doing the work, unless the<br>
     employer of the trainee or the supervisor has established:<br>
          (a) that the trainee’s competency makes direct<br>
          supervision unnecessary, and<br>
          (b) that a lesser degree of supervision would not endanger<br>
          the health or safety of the trainee or any other person.<br>
          Maximum penalty: Level 3.<br>
     (2) A supervisor designated to supervise a trainee by the trainee’s<br>
     employer:<br>
          (a) must ensure that the trainee keeps and maintains a<br>
          record of training in accordance with clause 275, and<br>
          (b) must check the record on each date on which the<br>
          scheduled work is done by the trainee, and:<br>
               (i) if satisfied that the record is correct in<br>
               respect of that date, must sign the record on<br>
               that date, or<br>
               (ii) if not so satisfied, must make and sign on<br>
               that date a note to that effect on the record.<br>
          Maximum penalty (subclause (2)): Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 275<br>
Trainee’s obligations<br>
 <br>
 <br>
275 Trainee’s obligations<br>
     (1) A trainee must keep and maintain a record of training.<br>
     (2) The record must contain the following information in relation to<br>
     scheduled work of the kind to which the training relates:<br>
          (a) the name and address of the trainee,<br>
          (b) the name and address of each employer for whom the<br>
          trainee does that work,<br>
          (c) the name of each person who supervises the trainee<br>
          while the trainee is doing that work,<br>
          (d) a description of that work as it is actually done by<br>
          the trainee in the course of training,<br>
          (e) a record of the dates on which that work was done.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 276<br>
Exception for holders of notices of satisfactory assessment<br>
 <br>
 <br>
276 Exception for holders of notices of satisfactory assessment<br>
     (1) An unqualified person who has been issued with a notice of<br>
     satisfactory assessment that indicates that the person is competent<br>
     to do a specified kind of scheduled work may do work of that kind<br>
     until the expiration of 60 days after the date of issue of the<br>
     notice.<br>
     (2) If the person applies to WorkCover for a certificate of<br>
     competency within that period, the person may continue to do work of<br>
     that kind:<br>
          (a) until the person is issued with a certificate of<br>
          competency, or<br>
          (b) until 14 days after the person receives notice that the<br>
          application has been refused.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 277<br>
Exception for maintenance or demonstration<br>
 <br>
 <br>
277 Exception for maintenance or demonstration<br>
     (1) An unqualified person may do any kind of scheduled work that<br>
     involves the operation or use of plant if the work:<br>
          (a) does not involve operating or using the plant for the<br>
          purpose for which it was designed, and<br>
          (b) is done solely for the purpose of the testing,<br>
          trialling, installing, commissioning, maintaining,<br>
          servicing, repairing, altering or disposing of the plant.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 278<br>
Standards of competency<br>
 <br>
 <br>
278 Standards of competency<br>
     (1) A person is competent to do a particular kind of scheduled work<br>
     if the person’s competency to do the work is of a standard equal to<br>
     or better than the appropriate competency standard.<br>
     (3) For the purposes of this Chapter, the appropriate competency<br>
     standard for scheduled work involving the operation or use of a<br>
     loadshifting machine is:<br>
          (a) the standard of competency set out in the National<br>
          Competency Guidelines in relation to that work, or<br>
          (b) any other standard of competency that WorkCover<br>
          considers to be equivalent to that standard.<br>
     (4) For the purposes of this Chapter, the appropriate competency<br>
     standard for work that involves the application of pesticides or the<br>
     use of fumigants is the standard of competency set out in relation to<br>
     that work in the National Standard for Licensing Pest Management<br>
     Technicians.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 280<br>
Applications for assessment<br>
 <br>
 <br>
280 Applications for assessment<br>
     (1) A person may apply to an assessor for an assessment of the<br>
     person’s competency to do scheduled work if the person is at least<br>
     18 years of age.<br>
     (2) The application:<br>
          (a) must be in the approved form, and<br>
          (b) must be accompanied by such material or information to<br>
          support the application as the assessor may require, and<br>
          (c) in the case of an application to WorkCover, must be<br>
          accompanied by the fee fixed for the time being by<br>
          WorkCover to cover expenses in connection with the<br>
          regulation of assessments.<br>
     (3) An applicant must provide proof of the applicant’s age and<br>
     identity to the assessor.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 281<br>
Assessment of competency<br>
 <br>
 <br>
281 Assessment of competency<br>
     (2) If the assessor assesses the applicant as being competent to do<br>
     scheduled work, the assessor must issue to the applicant a notice of<br>
     satisfactory assessment specifying the scheduled work that the<br>
     applicant has been assessed as being competent to do.<br>
     (3) An assessor (other than WorkCover or a registered training<br>
     organisation), or a person employed or otherwise engaged by a<br>
     registered training organisation, who does any of the following is<br>
     guilty of an offence:<br>
          (a) assesses an applicant’s competency to do scheduled<br>
          work otherwise than in accordance with the guidelines<br>
          applicable under clause 282 in relation to the conduct of<br>
          assessments for such work,<br>
          (b) issues a notice of satisfactory assessment without<br>
          assessing the applicant as being competent to do the<br>
          scheduled work specified in the notice,<br>
          (c) falsely assesses the applicant as being competent to do<br>
          scheduled work,<br>
          (d) assesses an applicant’s competency to do scheduled<br>
          work, being aware that the applicant has been assessed in<br>
          relation to the same kind of work within the previous 21<br>
          days,<br>
          (e) refuses to issue a notice of satisfactory assessment in<br>
          respect of the scheduled work despite having assessed the<br>
          applicant as being competent to do the work.<br>
          Maximum penalty (subclause (3)): Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 282<br>
Assessment guidelines<br>
 <br>
 <br>
282 Assessment guidelines<br>
     (1) An assessor who assesses an applicant’s competency to do<br>
     scheduled work (other than scheduled work involving the application<br>
     of pesticides or the use of fumigants) must do so in accordance with<br>
     the guidelines issued by WorkCover in relation to the conduct of<br>
     assessments.<br>
     (2) Such guidelines may make provision for any one or more of the<br>
     following matters:<br>
          (a) techniques for directly observing the applicant’s<br>
          performance of the work under workplace conditions,<br>
          (b) simulated work-related tasks to be performed,<br>
          (c) checklists to be completed by the applicant,<br>
          (d) projects or assignments to be completed by the<br>
          applicant,<br>
          (e) test questions,<br>
          (f) any other methods of assessment.<br>
     (3) An assessor who assesses an applicant’s competency to do<br>
     scheduled work involving the application of pesticides or the use of<br>
     fumigants must do so in accordance with the document entitled �?br>
     National Assessment Principles �? published by the Australian<br>
     National Training Authority in March 1999.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 283<br>
Appeals against decisions by assessors<br>
 <br>
 <br>
283 Appeals against decisions by assessors<br>
     (1) A person who is affected by a decision of an assessor (other than<br>
     a decision of a registered training organisation) may apply to<br>
     WorkCover for a review of the decision.<br>
     (2) An application for review under this clause must be made in<br>
     writing within 14 days after the applicant receives notice of the<br>
     relevant decision.<br>
     (3) The decision of WorkCover on an application under this clause has<br>
     effect as if it were the decision by an assessor.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 283A<br>
Assessment of competency at direction of WorkCover<br>
 <br>
 <br>
283A Assessment of competency at direction of WorkCover<br>
     (1) A written notice directing a person to have his or her competency<br>
     assessed may be given, at any time, by WorkCover:<br>
          (a) to a person who is the holder of a certificate of<br>
          competency, or<br>
          (b) to a person whose certificate of competency is<br>
          suspended, or<br>
          (c) to a person who has lodged an application for the issue<br>
          or renewal of a certificate of competency.<br>
     (2) WorkCover may suspend, cancel or refuse to issue or renew the<br>
     certificate of competency if the person refuses or fails to comply,<br>
     without reasonable excuse, with the requirements set out in the<br>
     notice.<br>
     (3) If WorkCover decides to suspend, cancel or refuse to issue or<br>
     renew a certificate of competency under this clause, WorkCover must<br>
     give the person written notice:<br>
          (a) stating that the certificate has been suspended or<br>
          cancelled, or that the application for the issue or renewal<br>
          of a certificate has been refused, and<br>
          (b) giving reasons for the suspension, cancellation or<br>
          refusal, and<br>
          (c) in the case of a suspension, stating the period for<br>
          which the certificate is suspended.<br>
     (4) The suspension or cancellation of a certificate of competency<br>
     takes effect on the date on which notice of the suspension or<br>
     cancellation is given to the holder of the certificate or on such<br>
     later date as may be specified in the notice.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 284<br>
Accreditation of assessors<br>
 <br>
 <br>
284 Accreditation of assessors<br>
     (1) Any person may apply to WorkCover for accreditation as an<br>
     assessor.<br>
     (2) The application:<br>
          (a) must be in the approved form, and<br>
          (b) must be accompanied by such material or information to<br>
          support the application as WorkCover may require, and<br>
          (c) must be accompanied by the fee fixed for the time being<br>
          by WorkCover to cover expenses in connection with the<br>
          regulation of assessors.<br>
     (2A) WorkCover may accredit the applicant as an assessor or may<br>
     refuse the application for such reason as it considers sufficient,<br>
     even if it is satisfied that the applicant is competent to carry out<br>
     the functions of an assessor under this Chapter.<br>
     (3) WorkCover must not accredit a person as an assessor unless it is<br>
     satisfied that the applicant is competent to carry out the functions<br>
     of an assessor under this Chapter.<br>
     (4) If WorkCover accredits a person as an assessor, it must issue to<br>
     the person a certificate of accreditation for the kinds of<br>
     assessments for which the person is accredited.<br>
     (5) If an application is refused, WorkCover must ensure that written<br>
     notice of the refusal, and of the reasons for the refusal, are given<br>
     to the applicant.<br>
     (6) An accredited assessor must not conduct assessments or advertise<br>
     the provision of assessments unless the assessor is accredited for<br>
     that purpose by WorkCover.<br>
          Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 285<br>
Form of certificates of accreditation<br>
 <br>
 <br>
285 Form of certificates of accreditation<br>
A certificate of accreditation for an assessor must be in the approved form and<br>
must specify:<br>
     (a) the date on which it was issued, and<br>
     (b) the date on which accreditation expires, and<br>
     (c) the kinds of assessment for which the assessor is accredited.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 286<br>
Term of accreditation<br>
 <br>
 <br>
286 Term of accreditation<br>
     (1) Unless sooner cancelled, a person’s accreditation as an<br>
     assessor is in force for 3 years, or such shorter time as is<br>
     specified in the certificate of accreditation, from the date on which<br>
     the assessor was issued with a certificate of accreditation.<br>
     (2) A person’s accreditation is of no effect while it is suspended.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 287<br>
Suspension and cancellation of accreditation<br>
 <br>
 <br>
287 Suspension and cancellation of accreditation<br>
     (1) WorkCover may suspend or cancel the accreditation of a person who<br>
     is accredited as an assessor if it is satisfied that:<br>
          (a) the assessor is no longer competent to carry out the<br>
          kinds of assessments for which the assessor is accredited,<br>
          or<br>
          (b) the assessor has been convicted of an offence against<br>
          the Act or the associated occupational health and safety<br>
          legislation, or any regulation under the Act or that<br>
          legislation, or of an offence against a corresponding law<br>
          or any regulation under a corresponding law, or<br>
          (c) the assessor was accredited on the basis of false or<br>
          misleading information or a failure to disclose or provide<br>
          required information, or<br>
          (d) the assessor has carried out an assessment of<br>
          competency:<br>
               (i) otherwise than in accordance with the<br>
               guidelines issued by WorkCover in relation to the<br>
               conduct of assessments, or<br>
               (ii) in the case of an assessor who has carried<br>
               out an assessment under a corresponding law,<br>
               otherwise than in accordance with that law or any<br>
               guidelines in force under that law, or<br>
          (e) the person has had his or her registration to conduct<br>
          OHS induction training suspended or cancelled under clause<br>
          218, or<br>
          (f) the assessor has had his or her accreditation in<br>
          another jurisdiction suspended or cancelled.<br>
     (2) Before suspending or cancelling an assessor’s accreditation,<br>
     WorkCover:<br>
          (a) must cause written notice of the proposed suspension or<br>
          cancellation to be given to the assessor, and<br>
          (b) must give the assessor a reasonable opportunity to make<br>
          representations to WorkCover in relation to the proposed<br>
          suspension or cancellation, and<br>
          (c) must have regard to any representations so made.<br>
     (3) If, after having regard to any representations made by the<br>
     assessor, WorkCover decides to proceed with the proposed suspension<br>
     or cancellation, WorkCover must give to the assessor a written<br>
     notice:<br>
          (a) stating that the accreditation is suspended or<br>
          cancelled, and<br>
          (b) in the case of a suspension, specifying the period for<br>
          which the accreditation is suspended, and<br>
          (c) giving reasons for the suspension or cancellation.<br>
     (4) The suspension or cancellation takes effect on the date on which<br>
     notice of the suspension or cancellation is given to the assessor or<br>
     such later date as may be specified in the notice.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 287A<br>
Immediate suspension<br>
 <br>
 <br>
287A Immediate suspension<br>
     (1) An inspector may, by written notice served on the holder of a<br>
     certificate of accreditation, immediately suspend the certificate for<br>
     a period of up to 10 days if the inspector has a reasonable concern<br>
     about:<br>
          (a) the holder’s integrity, or<br>
          (b) the holder’s competency to exercise the functions of<br>
          an assessor.<br>
     (2) The notice of suspension:<br>
          (a) must specify the period for which the certificate is<br>
          suspended, and<br>
          (b) must give reasons for the suspension, and<br>
          (c) must state that the holder of the certificate may<br>
          object to the suspension by providing WorkCover with<br>
          reasons why the suspension should not be maintained for<br>
          that period.<br>
     (3) WorkCover must immediately terminate the suspension and give<br>
     written notice to the holder of the certificate of that fact if,<br>
     after considering any objection by the holder, WorkCover is satisfied<br>
     that the suspension should not be maintained.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 288<br>
Cancelled certificates of accreditation must be surrendered<br>
 <br>
 <br>
288 Cancelled certificates of accreditation must be surrendered<br>
The holder of a certificate of accreditation that is cancelled must return the<br>
certificate to WorkCover within such period as may be specified in the notice<br>
of cancellation.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 289<br>
Applications for certificates<br>
 <br>
 <br>
289 Applications for certificates<br>
An application for the issue of or renewal of a certificate of competency to do<br>
scheduled work:<br>
     (a) must be lodged with an organisation nominated by WorkCover to<br>
     accept such applications (including WorkCover itself if nominated),<br>
     and<br>
     (b) must be in the approved form, and<br>
     (c) must be accompanied by such material or information to support<br>
     the application (such as any relevant notice of satisfactory<br>
     assessment) as WorkCover may require, and<br>
     (d) must be accompanied by the fee fixed for the time being by<br>
     WorkCover to cover expenses in connection with the regulation of<br>
     holders of certificates of competency of the class concerned.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 290<br>
Issue of certificates<br>
 <br>
 <br>
290 Issue of certificates<br>
     (1) WorkCover must issue a certificate of competency authorising a<br>
     person to do a particular kind of scheduled work if:<br>
          (a) the person has complied with the application<br>
          requirements in clause 289, and<br>
          (b) the person is the holder of a notice of satisfactory<br>
          assessment, issued not more than 60 days before the date of<br>
          the application, that indicates that the applicant is<br>
          competent to do work of that kind, and<br>
          (c) WorkCover is satisfied that the person can be relied on<br>
          to do work of that kind without endangering the health or<br>
          safety of that or any other person.<br>
     (2) However, WorkCover may refuse to issue a certificate of<br>
     competency to an applicant if:<br>
          (a) the applicant is less than 18 years of age, or<br>
          (b) any relevant certificate, qualification or exemption<br>
          held by the applicant has been suspended or cancelled<br>
          within the previous 5 years.<br>
     (3) If an application is refused, WorkCover must ensure that written<br>
     notice of the refusal, and of the reasons for the refusal, are given<br>
     to the applicant.<br>
     (4) For the purpose of determining the kind of scheduled work for<br>
     which a certificate of competency may be issued, WorkCover may (but<br>
     is not required to) have regard to the certificate classifications<br>
     set out in the National Certification Standard, the National<br>
     Competency Guidelines and the National Standard for Licensing Pest<br>
     Management Technicians.<br>
     (5) If a person applies for a certificate of competency and the<br>
     person has previously held a certificate of competency of the same<br>
     type as that applied for, or relating to the same kind of work as<br>
     will be authorised by the certificate applied for, WorkCover may, if<br>
     it thinks it appropriate to do so, dispense with the requirement<br>
     under subclause (1) (b).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 292<br>
Form of certificates<br>
 <br>
 <br>
292 Form of certificates<br>
     (1) A certificate of competency must be in the approved form and<br>
     must:<br>
          (a) specify the following:<br>
               (i) the name and date of birth of the person to<br>
               whom it is issued,<br>
               (ii) the date of its issue,<br>
               (iii) a description of the kind of work that the<br>
               certificate authorises its holder to do,<br>
               (iv) a unique identifying number,<br>
               (v) the expiry date of the certificate if the<br>
               certificate is issued for a limited period,<br>
               (vi) any conditions attached to the certificate,<br>
               and<br>
          (b) contain a photograph of the person to whom it is<br>
          issued.<br>
     (2) The holder of a certificate of competency must sign the<br>
     certificate as soon as practicable after receiving it.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 293<br>
Term of certificates<br>
 <br>
 <br>
293 Term of certificates<br>
     (1) Unless sooner cancelled, a certificate of competency expires on<br>
     the earlier of:<br>
          (a) the day that the certificate is surrendered to an<br>
          organisation nominated by WorkCover to accept surrendered<br>
          certificates (including WorkCover itself if nominated), or<br>
          (b) the day that the holder of the certificate is issued a<br>
          new certificate of competency authorising the holder to do<br>
          the same kind of work as the holder is authorised to do<br>
          under the existing certificate.<br>
     (2) A certificate of competency is of no effect while it is<br>
     suspended.<br>
     (3) Despite subclause (1), if the holder of a certificate of<br>
     competency has applied under this Division for the issue or renewal<br>
     of a certificate of competency authorising the holder to do that same<br>
     kind of work as the holder is authorised to do under the certificate<br>
     referred to in that subclause that is in force, the existing<br>
     certificate does not expire until WorkCover:<br>
          (a) issues the certificate applied for, or<br>
          (b) gives the notice referred to in clause 290 (3).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 293A<br>
Renewal of certificates<br>
 <br>
 <br>
293A Renewal of certificates<br>
     (1) WorkCover may, on the application of the holder of a certificate<br>
     of competency, renew a certificate of competency.<br>
     (2) Clause 290 applies to an application for the renewal of a<br>
     certificate of competency in the same way as it applies to an<br>
     application for the issue of a certificate of competency.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 294<br>
Replacement of lost, stolen, damaged or destroyed certificates of competency<br>
 <br>
 <br>
294 Replacement of lost, stolen, damaged or destroyed certificates of<br>
competency<br>
     (1) The holder of a certificate of competency that is lost, stolen,<br>
     damaged or destroyed may apply to WorkCover for a replacement<br>
     certificate.<br>
     (2) The application:<br>
          (a) must be in the approved form, and<br>
          (b) must be accompanied by a statutory declaration by the<br>
          applicant that explains how, or the circumstances in which,<br>
          the certificate was lost, stolen, damaged or destroyed, and<br>
          (c) must be accompanied by the fee fixed for the time being<br>
          by WorkCover to cover expenses in connection with issue of<br>
          replacement certificates.<br>
     (3) WorkCover may issue a replacement certificate if satisfied that<br>
     the applicant’s certificate of competency has been lost, stolen,<br>
     damaged or destroyed.<br>
     (4) If an application is refused, WorkCover must ensure that written<br>
     notice of the refusal, and of the reasons for the refusal, are given<br>
     to the applicant.<br>
     (5) The holder of a certificate of competency that is replaced under<br>
     this clause:<br>
          (a) must surrender the original certificate if it is<br>
          recovered, or<br>
          (b) in the case of a damaged certificate that is replaced,<br>
          must surrender the damaged certificate.<br>
          Maximum penalty (subclause (5)): Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 295<br>
Holder to produce certificate<br>
 <br>
 <br>
295 Holder to produce certificate<br>
     (1) An inspector may direct a person doing scheduled work to produce<br>
     for inspection immediately:<br>
          (a) the recognised qualification or exemption that<br>
          authorises the person to do the work or, if the person is a<br>
          trainee, the person’s record of training in relation to<br>
          the work, and<br>
          (b) a sample of the person’s usual signature.<br>
     (2) A person to whom such a direction is given must not fail to<br>
     comply with the direction.<br>
          Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 296<br>
Suspension or cancellation of certificates<br>
 <br>
 <br>
296 Suspension or cancellation of certificates<br>
     (1) WorkCover may suspend or cancel a certificate of competency if<br>
     satisfied that:<br>
          (a) the holder of the certificate is no longer competent to<br>
          do work of the kind authorised by the certificate, or<br>
          (b) the holder of the certificate can no longer be relied<br>
          on to do work of the kind authorised by the certificate<br>
          without endangering the health or safety of the holder or<br>
          any other person, or<br>
          (c) the certificate was obtained on the basis of false or<br>
          misleading information or a failure to disclose or provide<br>
          required information.<br>
     (2) Before suspending or cancelling a certificate of competency,<br>
     WorkCover:<br>
          (a) must cause written notice of the proposed suspension or<br>
          cancellation to be given to the holder of the certificate,<br>
          and<br>
          (b) must give the holder of the certificate a reasonable<br>
          opportunity to make representations to WorkCover in<br>
          relation to the proposed suspension or cancellation, and<br>
          (c) must have regard to any representations so made.<br>
     (3) If, after having regard to any representations made by the holder<br>
     of the certificate, WorkCover decides to proceed with the proposed<br>
     suspension or cancellation, WorkCover must give to the holder a<br>
     written notice:<br>
          (a) stating that the certificate is suspended or cancelled,<br>
          and<br>
          (b) in the case of a suspension, specifying the period for<br>
          which the certificate is suspended, and<br>
          (c) giving reasons for the suspension or cancellation.<br>
     (4) The suspension or cancellation takes effect on the date on which<br>
     notice of the suspension or cancellation is given to the holder of<br>
     the certificate or such later date as may be specified in the notice.<br>
     (5) To remove any doubt, WorkCover may suspend or cancel a<br>
     certificate of competency on grounds arising wholly or partly outside<br>
     New South Wales.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 297<br>
Immediate suspension<br>
 <br>
 <br>
297 Immediate suspension<br>
     (1) An inspector may, by notice served on the holder of a certificate<br>
     of competency, immediately suspend the certificate for a period of up<br>
     to 10 days if the inspector has a reasonable concern about:<br>
          (a) the competency of the holder to do work of the kind<br>
          authorised by the certificate, or<br>
          (b) the reliability of the holder to do work of the kind<br>
          authorised by the certificate without endangering the<br>
          health or safety of the holder or any other person.<br>
     (2) The notice of suspension:<br>
          (a) must be in writing, and<br>
          (b) must give reasons for the suspension, and<br>
          (c) must specify the period for which the certificate is<br>
          suspended, and<br>
          (d) must state that the holder of the certificate may<br>
          object to the suspension by providing WorkCover with<br>
          reasons why the suspension should not be maintained for<br>
          that period.<br>
     (3) WorkCover must immediately terminate the suspension and give<br>
     written notice to the holder of the certificate of that fact if,<br>
     after considering any objection by the holder, WorkCover is satisfied<br>
     that the suspension should not be maintained.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 298<br>
Cancelled certificates must be surrendered<br>
 <br>
 <br>
298 Cancelled certificates must be surrendered<br>
The holder of a certificate of competency that is cancelled must return the<br>
certificate to WorkCover within such period as may be specified in the notice<br>
of cancellation.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 317<br>
Definitions<br>
 <br>
 <br>
317 Definitions<br>
     (1) In this Chapter:<br>
     "asbestos" means the fibrous form of those mineral silicates that<br>
     belong to the serpentine or amphibole groups of rock-forming<br>
     minerals, including actinolite, amosite (brown asbestos),<br>
     anthophyllite, chrysotile (white asbestos), crocidolite (blue<br>
     asbestos) and tremolite.<br>
     "bonded asbestos material" means any material (other than friable<br>
     asbestos material) that contains asbestos.<br>
     "bonded asbestos removal work" means work in which bonded asbestos<br>
     material is removed, repaired or disturbed.<br>
     "demolition work" means any one or more of the following:<br>
          (a) work comprising the total demolition of any building,<br>
          structure or installation that is 10 metres or more in<br>
          height,<br>
          (b) work comprising the partial demolition of any building,<br>
          structure or installation that is 10 metres or more in<br>
          height so as to affect its structural integrity,<br>
          (c) work comprising the total or partial demolition of any<br>
          building, structure or installation, being work involving<br>
          the use of load shifting machinery on suspended floors,<br>
          (d) work comprising the total or partial demolition of pre-<br>
          tensioned or post-tensioned structural components of a<br>
          building or structure,<br>
          (e) work done to a building, structure or installation that<br>
          is 4 metres or more in height, being work involving<br>
          mechanical demolition,<br>
          (f) work done to a building, structure or installation<br>
          involving explosives or methods of induced collapse (that<br>
          is, where the structural stability of the whole or part of<br>
          the building, structure or installation is deliberately<br>
          altered in such a way that the collapse ensues suddenly).<br>
     "friable asbestos material" means any material that contains asbestos<br>
     and is in the form of a powder or can be crumbled, pulverised or<br>
     reduced to powder by hand pressure when dry.<br>
     "friable asbestos removal work" means work in which friable asbestos<br>
     material is removed, repaired or disturbed.<br>
     "licence" means a licence to carry on the business of licensed work<br>
     granted and in force under this Chapter.<br>
          Note: Certain former licences and certificates are taken to<br>
          be licences granted under this Chapter. See Part 10.4.<br>
     "licensed work" means work of one of the following kinds:<br>
          (a) demolition work,<br>
          (b) restricted demolition work,<br>
          (c) friable asbestos removal work, other than:<br>
               (i) work done by a person, at the person’s<br>
               usual place of business, at a frequency of one<br>
               hour per week or less, or<br>
               (ii) work done for the purpose only of obtaining<br>
               a sample of asbestos for identification, or<br>
               (iii) work done for the purpose only of non-<br>
               asbestos mining where rock or tailings containing<br>
               naturally occurring asbestos is removed or<br>
               disturbed,<br>
          (d) bonded asbestos removal work, other than:<br>
               (i) work done for the purpose only of obtaining a<br>
               sample of asbestos for identification, or<br>
               (ii) work done in relation to bonded asbestos<br>
               material having a total surface area of less than<br>
               the maximum allowable area specified in subclause<br>
               (3), or<br>
               (iii) work done for the purpose only of non-<br>
               asbestos mining where rock or tailings containing<br>
               naturally occurring asbestos is removed or<br>
               disturbed.<br>
     "restricted demolition work" means demolition work other than work<br>
     comprising the following:<br>
          (a) demolition of chemical installations,<br>
          (b) demolition above 15 metres in height,<br>
          (c) demolition using a tower crane on site,<br>
          (d) demolition using a mobile crane with a rated capacity<br>
          of more than 100 tonnes,<br>
          (e) demolition of pre-tensioned or post-tensioned<br>
          structures,<br>
          (f) demolition involving floor propping,<br>
          (g) demolition using explosives.<br>
     (2) For the purposes of this Chapter:<br>
          (a) a person carries on a business if the person carries on<br>
          the business personally, in partnership or by employees or<br>
          agents or if the person advertises that the person carries<br>
          on such a business, and<br>
          (b) a person does work if the person does the work<br>
          personally, in partnership or by employees or agents.<br>
     (3) For the purposes of paragraph (d) (ii) of the definition of<br>
     "licensed work" in subclause (1), the maximum allowable area is:<br>
          (a) 200 square metres in relation to work commenced before<br>
          1 July 2007 and completed before:<br>
               (i) 1 July 2007, or<br>
               (ii) the day that is 2 months after the<br>
               commencement of that work,<br>
          whichever is the later, or<br>
          (b) 50 square metres in relation to work commenced on or<br>
          after 1 July 2007, but before 1 January 2008, and completed<br>
          before:<br>
               (i) 1 January 2008, or<br>
               (ii) the day that is 2 months after the<br>
               commencement of that work,<br>
          whichever is the later, or<br>
          (c) 10 square metres in relation to work commenced on or<br>
          after 1 January 2008.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 318<br>
Licensed work not to be carried on without a licence<br>
 <br>
 <br>
318 Licensed work not to be carried on without a licence<br>
     (1) A person must not carry on the business of licensed work<br>
     otherwise than in accordance with a licence relating to that work.<br>
     (2) A person must not employ, direct or allow another person to do<br>
     licensed work unless that person holds a licence relating to that<br>
     work.<br>
     (3) For the purposes of subclauses (1) and (2), a licence to carry on<br>
     the business of friable asbestos removal work also authorises the<br>
     holder to carry on the business of bonded asbestos removal work.<br>
     (4) A person must not:<br>
          (a) contravene the conditions of a licence, or<br>
          (b) direct or allow another person to contravene the<br>
          conditions of a licence.<br>
     Maximum penalty: Level 3.<br>
     Note: See definition of "licensed work" in clause 317. Generally, a<br>
     licence is not required for the manual demolition of a building,<br>
     structure or installation under 10 metres in height.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Part 10.3A decision of WorkCover to refuse an application for a<br>
licence, to impose conditions on a licence or to suspend or cancel a licence<br>
under this Part is subject to review by the Administrative Decisions Tribunal<br>
(also note that a failure to determine an application within 3 months is taken<br>
to be a refusal). See Part 12.5.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 319<br>
Applications for licences or renewals<br>
 <br>
 <br>
319 Applications for licences or renewals<br>
     (1) An application for the grant of a new licence or renewal of an<br>
     existing licence:<br>
          (a) must, in the case of the grant of a new licence,<br>
          specify the class or classes of licensed work for which the<br>
          licence is required, and<br>
          (b) must be in the approved form, and<br>
          (c) must be accompanied by such material or information to<br>
          support the application as WorkCover may require, and<br>
          (d) must be accompanied by the fee fixed for the time being<br>
          by WorkCover to cover expenses in connection with<br>
          applications for licences, or renewals of licences, of the<br>
          class concerned, and<br>
          (e) must be lodged in a manner approved by WorkCover.<br>
     (2) The fee fixed under subclause (1) (d) for an application for a<br>
     licence to carry on the business of demolition work or restricted<br>
     demolition work (or both) and bonded asbestos removal work is not to<br>
     exceed the fee for an application to carry on the business of<br>
     demolition work or restricted demolition work (or both) but not<br>
     bonded asbestos removal work.<br>
     (3) An application by persons who intend to carry on business in<br>
     partnership may be made by any one or more of those persons.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 320<br>
Eligibility for licence<br>
 <br>
 <br>
320 Eligibility for licence<br>
     (1) A person is eligible for a licence if WorkCover is satisfied<br>
     that:<br>
          (a) in the case of an individual:<br>
               (i) the individual is of or above the age of 18<br>
               years, and<br>
               (ii) the individual is a fit and proper person to<br>
               hold a licence, and<br>
               (iii) the individual has appropriate<br>
               qualifications in relation to the relevant<br>
               licensed work, and<br>
               (iv) appropriate arrangements exist to ensure<br>
               that the individual’s employees do not do<br>
               licensed work unless they have had training in<br>
               safe working methods in relation to the licensed<br>
               work, and<br>
          (b) in the case of a corporation:<br>
               (i) the corporation is a fit and proper person to<br>
               hold a licence, and<br>
               (ii) each director of the corporation would, if<br>
               he or she were the applicant, be a fit and proper<br>
               person to hold a licence, and<br>
               (iii) at least one individual engaged in the<br>
               management of the corporation has appropriate<br>
               qualifications in relation to the licensed work,<br>
               and<br>
               (iv) appropriate arrangements exist to ensure<br>
               that the corporation’s employees do not do the<br>
               licensed work unless they have had training in<br>
               safe working methods in relation to the licensed<br>
               work, and<br>
          (c) appropriate arrangements exist to ensure that, during<br>
          the carrying out of the licensed work, a person holding<br>
          appropriate qualifications in relation to the licensed work<br>
          (whether or not the holder of the licence) will supervise<br>
          the carrying out of the work.<br>
     (2) For the purposes of this Chapter, a person holds appropriate<br>
     qualifications in relation to licensed work if the person:<br>
          (a) has demonstrated his or her knowledge of safe working<br>
          methods in relation to the licensed work, and<br>
          (b) has completed a course of training recognised by<br>
          WorkCover in relation to the licensed work, and<br>
          (c) has, in the opinion of WorkCover, appropriate<br>
          experience or training relevant to the carrying out of the<br>
          licensed work.<br>
     (3) Subclause (2), as re-made by the Occupational Health and Safety<br>
     Amendment (Licensing) Regulation 2006, applies to an applicant for a<br>
     licence where the application for the licence was lodged but not<br>
     finally determined before the commencement of that Regulation.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 321<br>
Determination of applications<br>
 <br>
 <br>
321 Determination of applications<br>
     (1) After considering an application, WorkCover:<br>
          (a) may grant the licence or renewal of the licence to<br>
          which the application relates, either unconditionally or<br>
          subject to conditions, or<br>
          (b) may refuse the application if satisfied that the<br>
          applicant is not eligible for the licence.<br>
     (2) A licence is to be in the approved form and is to specify the<br>
     class of licensed work to which it relates.<br>
     (3) If WorkCover grants more than one licence to an applicant, it may<br>
     issue a single document in respect of those licences.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 322<br>
Notice of refusal<br>
 <br>
 <br>
322 Notice of refusal<br>
If WorkCover refuses to grant a licence or the renewal of a licence, it must<br>
give written notice of the refusal, and of the reasons for the refusal, to the<br>
applicant.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 323<br>
Term of licences<br>
 <br>
 <br>
323 Term of licences<br>
     (1) A licence remains in force, unless sooner cancelled, for a period<br>
     of 2 years commencing on the date on which it was granted or last<br>
     renewed.<br>
     (2) A licence has no effect during any period for which it is<br>
     suspended.<br>
     (3) Despite subclause (1), if the holder of a licence has applied for<br>
     renewal of the licence before its expiry, the existing licence<br>
     continues in force until WorkCover grants the renewal or gives the<br>
     notice referred to in clause 322.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 324<br>
Licence fees<br>
 <br>
 <br>
324 Licence fees<br>
     (1) A fee is payable to WorkCover for the grant of a licence or<br>
     renewal of a licence.<br>
     (2) The fee is to be the amount fixed for the time being by WorkCover<br>
     to cover expenses in connection with the regulation of licensees of<br>
     the classes concerned.<br>
     (3) The fee fixed under subclause (2) for the grant of a licence or<br>
     renewal of a licence to carry on the business of demolition or<br>
     restricted demolition work (or both) and bonded asbestos removal work<br>
     is not to exceed the fee fixed under that subclause for the grant of<br>
     a licence or renewal of a licence to carry on the business of<br>
     demolition or restricted demolition work (or both) but not bonded<br>
     asbestos removal work.<br>
     (4) A licence or renewal of a licence has no effect until the<br>
     relevant fee fixed under this clause for the grant or renewal of the<br>
     licence has been paid.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 325<br>
Condition of licence relating to supervision<br>
 <br>
 <br>
325 Condition of licence relating to supervision<br>
It is a condition of a licence that, during the carrying out of the licensed<br>
work, a person holding appropriate qualifications in relation to the licensed<br>
work (whether or not the holder of the licence) must supervise the carrying out<br>
of the work.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 326<br>
Amendment of conditions of licences<br>
 <br>
 <br>
326 Amendment of conditions of licences<br>
     (1) WorkCover, on the application of the holder of a licence or on<br>
     its own initiative:<br>
          (a) may amend or cancel any condition to which the licence<br>
          is subject, or<br>
          (b) may impose further conditions on the licence.<br>
     (2) An amendment to a condition, or a further condition, takes effect<br>
     on the date on which notice of the amendment or further condition is<br>
     given to the holder of the licence or on such later date as may be<br>
     specified in the notice.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 327<br>
Licences to be displayed<br>
 <br>
 <br>
327 Licences to be displayed<br>
A person who does licensed work at any place must cause a copy of the relevant<br>
licence to be displayed at that place while the work is being done.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 328<br>
Suspension or cancellation of licences<br>
 <br>
 <br>
328 Suspension or cancellation of licences<br>
     (1) WorkCover may suspend or cancel a licence if satisfied that the<br>
     holder of the licence:<br>
          (a) has made a statement, in or in connection with an<br>
          application for the licence, that the holder knew, when the<br>
          statement was made, to be false or misleading in a material<br>
          particular, or<br>
          (b) has done or authorised licensed work in such a manner<br>
          as to expose any person (including any of his or her<br>
          employees or agents) to a health or safety risk from the<br>
          licensed work that could reasonably have been avoided, or<br>
          (c) has contravened a condition of the licence, or<br>
          (d) has failed to comply with the requirements of an<br>
          improvement notice or prohibition notice under this<br>
          Regulation, or<br>
          (e) has been convicted of an offence against the Act or any<br>
          regulation (including this Regulation) under the Act, or<br>
          (f) in the case of an individual, is no longer a fit and<br>
          proper person to hold the licence, or<br>
          (g) in the case of a corporation, has a director who is no<br>
          longer a fit and proper person to hold a licence.<br>
     (2) Before suspending or cancelling a licence, WorkCover:<br>
          (a) must cause notice of the proposed suspension or<br>
          cancellation to be given to the holder of the licence, and<br>
          (b) must give the holder of the licence a reasonable<br>
          opportunity to make representations to WorkCover in<br>
          relation to the proposed suspension or cancellation, and<br>
          (c) must have regard to any representations so made.<br>
     (3) The suspension or cancellation of a licence takes effect on the<br>
     date on which notice of the suspension or cancellation is given to<br>
     the holder of the licence or on such later date as may be specified<br>
     in the notice.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 329<br>
Cancelled licences to be returned to WorkCover<br>
 <br>
 <br>
329 Cancelled licences to be returned to WorkCover<br>
The holder of a cancelled licence must return the licence to WorkCover within<br>
such period as may be specified in the notice of cancellation given to the<br>
holder.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 330A<br>
Definitions<br>
 <br>
 <br>
330A Definitions<br>
In this Chapter:<br>
"certificate of registration" means a certificate of registration of a clothing<br>
factory issued by WorkCover under this Chapter, and includes a replacement<br>
certificate of registration issued under this Chapter.<br>
"clothing factory" means any building or place in which:<br>
     (a) four or more persons are engaged directly or indirectly in any<br>
     handicraft or process in or incidental to the making, altering,<br>
     preparing, ornamenting or finishing of any clothing, fabrics,<br>
     footwear, hats, buttons or related products for trade, sale or gain,<br>
     or<br>
     (b) mechanical power is used in aid of any handicraft or process in<br>
     or incidental to the making, altering, preparing, ornamenting or<br>
     finishing of any clothing, fabrics, footwear, hats, buttons or<br>
     related products for trade, sale or gain.<br>
"clothing industry award" means:<br>
     (a) any of the following awards made under the Workplace Relations<br>
     Act 1996 of the Commonwealth:<br>
          (i) the Clothing Trades Award 1999,<br>
          (ii) the Felt Hatting Industry Award 1999,<br>
          (iii) the Footwear Industries Award 2000,<br>
          (iv) the Textile Industry Award 2000, or<br>
     (b) any of the following awards made under the Industrial Relations<br>
     Act 1996:<br>
          (i) the Button Makers (State) Award (Award Code: 077),<br>
          (ii) the Clothing Trades (State) Award (Award Code: 139),<br>
          (iii) the Footwear Manufacturing Industry (State) Award<br>
          (Award Code: 168),<br>
          (iv) the Textile Industry (State) Award (Award Code: 212).<br>
"occupier" means, in relation to a clothing factory, the person, partnership,<br>
association, or corporation employing persons in the clothing factory, or<br>
occupying the clothing factory, and includes any agent, manager, foreman, or<br>
other person acting or apparently acting in the general management or control<br>
of the clothing factory.<br>
"mechanical power" means power generated by water, steam, gas, oil,<br>
electricity, or any power other than manual power.<br>
"registered clothing factory" means premises in respect of which a certificate<br>
of registration is for the time being in force.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 330B<br>
Clothing factories to be registered<br>
 <br>
 <br>
330B Clothing factories to be registered<br>
An occupier of a clothing factory who is an employer and is a respondent to, or<br>
subject to, a clothing industry award, is guilty of an offence unless the<br>
clothing factory is a registered clothing factory.<br>
     Maximum penalty: 20 penalty units.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 330C<br>
Registration of clothing factories<br>
 <br>
 <br>
330C Registration of clothing factories<br>
     (1) An application for the registration of premises as a clothing<br>
     factory is to be made to WorkCover in an approved form.<br>
     (2) WorkCover must, if the application is duly made, register the<br>
     premises as a clothing factory and issue to the applicant a<br>
     certificate of registration for the premises.<br>
     (3) A certificate of registration takes effect from the date of issue<br>
     of the certificate, and remains in force until it ceases to have<br>
     effect under this Regulation.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 330D<br>
Change in use of clothing factory or in occupier details<br>
 <br>
 <br>
330D Change in use of clothing factory or in occupier details<br>
     (1) A certificate of registration ceases to have effect if:<br>
          (a) the premises in respect of which the certificate was<br>
          issued cease to be used as a clothing factory, or<br>
          (b) a person other than a person named in the certificate<br>
          of registration as the occupier of the clothing factory to<br>
          which the certificate applies becomes the occupier of the<br>
          clothing factory, or<br>
          (c) the person named in the certificate of registration as<br>
          the occupier of the clothing factory to which the<br>
          certificate applies changes his or her name.<br>
     (2) A person named in a certificate of registration as the occupier<br>
     of the clothing factory to which the certificate applies must notify<br>
     WorkCover in writing if the certificate ceases to have effect under<br>
     this clause, within 14 days after it ceases to have effect.<br>
          Maximum penalty: 20 penalty units.<br>
     Note: A new certificate of registration may be applied for in respect<br>
     of the factory under clause 330C.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 330E<br>
Replacement certificate<br>
 <br>
 <br>
330E Replacement certificate<br>
     (1) WorkCover may at any time issue to the occupier of premises that<br>
     are registered as a clothing factory a replacement certificate of<br>
     registration for those premises.<br>
     (2) A certificate of registration for any premises ceases to be in<br>
     force if WorkCover issues a replacement certificate of registration<br>
     for those premises.<br>
     (3) An application for a replacement certificate of registration is<br>
     to be made to WorkCover in an approved form.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 330F<br>
Certificate of registration to be displayed<br>
 <br>
 <br>
330F Certificate of registration to be displayed<br>
The occupier of a registered clothing factory must cause a copy of a<br>
certificate of registration that is in force in respect of the clothing factory<br>
to be displayed at the clothing factory in a conspicuous position at or near<br>
the principal entrance to the clothing factory.<br>
     Maximum penalty: 2 penalty units.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 330G<br>
Manner of giving applications and notices<br>
 <br>
 <br>
330G Manner of giving applications and notices<br>
An application or notice under this Regulation is to be given to WorkCover by<br>
leaving it at, or sending it by post to, an office of WorkCover.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 330H<br>
Public register<br>
 <br>
 <br>
330H Public register<br>
     (1) WorkCover is to keep a public register in accordance with this<br>
     clause.<br>
     (2) WorkCover is to record in the register details of each<br>
     certificate of registration issued under this Chapter, including such<br>
     of the following details as WorkCover considers appropriate:<br>
          (a) the registered business name or trading name (if any)<br>
          of the occupier of the clothing factory,<br>
          (b) the address of the clothing factory,<br>
          (c) a description of the type of building or place in which<br>
          the clothing factory is located (such as whether the<br>
          factory forms part of an industrial estate or complex),<br>
          (d) the type of work being carried out in the clothing<br>
          factory,<br>
          (e) the number of employees working in the clothing<br>
          factory.<br>
     (3) However, WorkCover is not to record in the register any<br>
     information that would disclose:<br>
          (a) the name of an individual, or<br>
          (b) any manufacturing or commercial secrets or working<br>
          processes.<br>
     (4) The register may be kept in any form determined by WorkCover.<br>
     (5) The register is to be available for public inspection, free of<br>
     charge, at the principal office of WorkCover during ordinary office<br>
     hours.<br>
     (6) A copy of any entry in the register may be taken on payment of<br>
     such fee as may be determined by WorkCover.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 330I<br>
Savings and transitional provisions<br>
 <br>
 <br>
330I Savings and transitional provisions<br>
     (1) Any act, matter or thing that, immediately before the repeal of<br>
     the Occupational Health and Safety (Clothing Factory Registration)<br>
     Regulation 2001, had effect under that Regulation, continues to have<br>
     effect under this Regulation.<br>
     (2) A reference in a clothing industry award or other instrument to a<br>
     factory registered under a law of New South Wales (however expressed)<br>
     is taken (unless the context otherwise requires) to be a reference to<br>
     a factory registered under this Chapter, until otherwise provided by<br>
     the award or instrument.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 331<br>
Definitions<br>
 <br>
 <br>
331 Definitions<br>
In this Chapter:<br>
"asbestos" means the fibrous form of those mineral silicates that belong to the<br>
serpentine or amphibole groups of rock-forming minerals, including actinolite,<br>
amosite (brown asbestos), anthophyllite, chrysotile (white asbestos),<br>
crocidolite (blue asbestos) and tremolite.<br>
"demolition work" means demolition work (as defined in Chapter 10) that:<br>
     (a) is carried out by means of:<br>
          (i) pushing or pulling using a mobile crane, or<br>
          (ii) a crane using a demolition ball, or<br>
     (b) involves the demolition of a building (or part of a building)<br>
     that is more than 4 metres in height and that involves pulling with<br>
     ropes or chains or similar means, or<br>
     (c) involves the demolition of a building by means of explosives.<br>
"friable asbestos material" means any material that contains asbestos and is in<br>
the form of a powder or can be crumbled, pulverised or reduced to powder by<br>
hand pressure when dry.<br>
"friable asbestos removal work" means work in which friable asbestos material<br>
is removed, repaired or disturbed, other than:<br>
     (a) work done by a person, at the person’s usual place of business,<br>
     at a frequency of one hour per week or less, or<br>
     (b) work done for the purpose only of obtaining a sample of asbestos<br>
     for identification.<br>
"permit" means a permit to do demolition work or friable asbestos removal work<br>
granted and in force under this Chapter.<br>
     Note: Certain former permissions and permits are taken to be permits<br>
     granted under this Chapter. See Part 11.4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 332<br>
Demolition work or friable asbestos removal work not to be done without a<br>
permit<br>
 <br>
 <br>
332 Demolition work or friable asbestos removal work not to be done without a<br>
permit<br>
     (1) A person must not do demolition work or friable asbestos removal<br>
     work otherwise than in accordance with a permit.<br>
     (2) A person does not contravene subclause (1) if the person is doing<br>
     the work as an employee.<br>
     (3) A person must not:<br>
          (a) contravene the conditions of a permit, or<br>
          (b) direct or allow another person to contravene the<br>
          conditions of a permit.<br>
     Maximum penalty: Level 3.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Note to Part 11.3A decision of WorkCover to refuse an application for a permit,<br>
to impose conditions on a permit or to suspend or cancel a permit under this<br>
Part is subject to review by the Administrative Decisions Tribunal (also note<br>
that a failure to determine an application within 7 days (or 21 days in the<br>
case of demolition work involving explosives) is taken to be a refusal). See<br>
Chapter 12.<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 333<br>
Applications for permits<br>
 <br>
 <br>
333 Applications for permits<br>
     (1) An application for a permit to do demolition work or friable<br>
     asbestos removal work:<br>
          (a) must be in the approved form, and<br>
          (b) may be made only by the holder of a licence granted<br>
          under Chapter 10 in respect of work of that kind, and<br>
          (c) must specify the nature and extent of the work to be<br>
          done and the method by which the applicant proposes to do<br>
          the work, and<br>
          (d) must, if the work is the demolition of a building (or<br>
          part of a building) that is more than 4 metres in height<br>
          and the demolition work involves pulling with ropes or<br>
          chains or similar means, be accompanied by a risk<br>
          assessment and such other documents as WorkCover may<br>
          require, and<br>
          (e) must specify the estimated cost of doing the work, and<br>
          (f) must be accompanied by the fee fixed for the time being<br>
          by WorkCover to cover the administrative costs of WorkCover<br>
          in connection with the regulation of the holders of permits<br>
          of the class concerned, and<br>
          (g) must be lodged in a manner approved by WorkCover at<br>
          least 7 days (or 21 days in the case of demolition work<br>
          involving the use of explosives) before the work is due to<br>
          commence.<br>
     (2) An application by persons who do work in partnership may be made<br>
     by any one or more of those persons.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 334<br>
Determination of applications<br>
 <br>
 <br>
334 Determination of applications<br>
     (1) After considering an application, WorkCover:<br>
          (a) may grant the permit to which the application relates,<br>
          either unconditionally or subject to conditions, or<br>
          (b) may refuse the application.<br>
     (2) If an application is refused, WorkCover must ensure that written<br>
     notice of the refusal, and of the reasons for the refusal, are given<br>
     to the applicant.<br>
     (3) A permit is to be in the approved form.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 335<br>
Term of permits<br>
 <br>
 <br>
335 Term of permits<br>
     (1) A permit has effect for such period as may be specified in the<br>
     permit.<br>
     (2) A permit ceases to have effect while it is suspended or if it is<br>
     cancelled.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 336<br>
Amendment of conditions of permits<br>
 <br>
 <br>
336 Amendment of conditions of permits<br>
     (1) WorkCover, on the application of the holder of a permit or on its<br>
     own initiative:<br>
          (a) may amend or cancel any condition to which the permit<br>
          is subject, or<br>
          (b) may impose further conditions on the permit.<br>
     (2) An amendment to a condition, or a further condition, takes effect<br>
     on the date on which notice of the amendment or further condition is<br>
     given to the holder of the permit or on such later date as may be<br>
     specified in the notice.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 337<br>
Permits to be displayed<br>
 <br>
 <br>
337 Permits to be displayed<br>
A person who does demolition work or friable asbestos removal work at any place<br>
must cause a copy of the relevant permit to be displayed at that place while<br>
the work is being done.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 338<br>
Suspension and cancellation of permits<br>
 <br>
 <br>
338 Suspension and cancellation of permits<br>
     (1) WorkCover may suspend or cancel a permit if satisfied that the<br>
     holder of the permit:<br>
          (a) has made a statement, in or in connection with an<br>
          application under this Regulation, that the holder knew,<br>
          when the statement was made, to be false or misleading in a<br>
          material particular, or<br>
          (b) has done demolition work or friable asbestos removal<br>
          work in such a manner as to expose any person (including<br>
          any of his or her employees or agents) to a health or<br>
          safety risk from the work that could reasonably have been<br>
          avoided, or<br>
          (c) has contravened a condition of the permit, or<br>
          (d) has failed to comply with the requirements of an<br>
          improvement notice or prohibition notice issued under this<br>
          Regulation, or<br>
          (e) has been convicted of an offence against the Act or any<br>
          regulation (including this Regulation) under the Act.<br>
     (2) Before suspending or cancelling a permit, WorkCover:<br>
          (a) must cause notice of the proposed suspension or<br>
          cancellation to be given to the holder of the permit, and<br>
          (b) must give the holder of the permit a reasonable<br>
          opportunity to make representations to WorkCover in<br>
          relation to the proposed suspension or cancellation, and<br>
          (c) must have regard to any representations so made.<br>
     (3) The suspension or cancellation of a permit takes effect on the<br>
     date on which notice of the suspension or cancellation is given to<br>
     the holder of the permit or on such later date as may be specified in<br>
     the notice.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 339<br>
Cancelled permits to be returned to WorkCover<br>
 <br>
 <br>
339 Cancelled permits to be returned to WorkCover<br>
The holder of a cancelled permit must return the permit to WorkCover within<br>
such period as may be specified in the notice of cancellation given to the<br>
holder.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 340<br>
Savings and transitional provisions<br>
 <br>
 <br>
340 Savings and transitional provisions<br>
     (1) A written permission to do demolition work given under Regulation<br>
     84AB or 84AH of the Construction Safety Regulations 1950 and in force<br>
     immediately before the repeal of those Regulations is taken to be a<br>
     permit granted under this Chapter to do the same work.<br>
     (2) A permit to do friable asbestos removal work granted under the<br>
     Occupational Health and Safety (Asbestos Removal Work) Regulation<br>
     1995 and in force immediately before the repeal of that Regulation is<br>
     taken to be a permit granted under this Chapter to do the same work.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 341<br>
Notification of incidents—additional incidents to be notified<br>
 <br>
 <br>
341 Notification of incidents—additional incidents to be notified<br>
     Note: Section 86 of the Act requires the occupier of a place of work<br>
     to give WorkCover notice in accordance with that section of certain<br>
     incidents at the place of work. These incidents include incidents<br>
     that have resulted in a person being killed and incidents prescribed<br>
     in clause 344 for the purposes of section 87 of the Act. Section 86<br>
     of the Act also provides that additional incidents can be declared by<br>
     regulation to be incidents required to be notified to WorkCover.<br>
     Sections 86 and 87 of the Act do not apply to mining workplaces or<br>
     coal workplaces. Notifications are to the Department Head (Mining)<br>
     under section 88 of the Mine Health and Safety Act 2004 or section<br>
     110 of the Coal Mine Health and Safety Act 2002.<br>
In accordance with section 86 (1) (b) of the Act, any incident listed below<br>
occurring at or in relation to a place of work is, if it is an incident that<br>
presents a risk to health or safety and is not immediately threatening to life,<br>
declared to be an incident that is required to be notified to WorkCover:<br>
     (a) an injury to a person (supported by a medical certificate) that<br>
     results in the person being unfit, for a continuous period of at<br>
     least 7 days, to attend the person’s usual place of work, to<br>
     perform his or her usual duties at his or her place of work or, in<br>
     the case of a non-employee, to carry out his or her usual activities,<br>
     (b) an illness of a person (supported by a medical certificate) that<br>
     is related to work processes and results in the person being unfit,<br>
     for a continuous period of at least 7 days, to attend the person’s<br>
     usual place of work or to perform his or her usual duties at that<br>
     place of work,<br>
     (c) damage to any plant, equipment, building or structure or other<br>
     thing that impedes safe operation,<br>
     (d) an uncontrolled explosion or fire,<br>
     (e) an uncontrolled escape of gas, dangerous goods (within the<br>
     meaning of the ADG Code) or steam,<br>
     (f) a spill or incident resulting in exposure or potential exposure<br>
     of a person to a notifiable or prohibited carcinogenic substance (as<br>
     defined in Part 6.3),<br>
     (g) removal of workers from lead risk work (as defined in Part 7.6)<br>
     due to excessive blood lead levels,<br>
     (h) exposure to bodily fluids that presents a risk of transmission of<br>
     blood-borne diseases,<br>
     (i) the use or threatened use of a weapon that involves a risk of<br>
     serious injury to, or illness of, a person,<br>
     (i1) a robbery that involves a risk of serious injury to, or illness<br>
     of, a person,<br>
     (i2) electric shock that involves a risk of serious injury to a<br>
     person,<br>
     (j) any other incident that involves a risk of:<br>
          (i) explosion or fire, or<br>
          (ii) escape of gas, dangerous goods (within the meaning of<br>
          the ADG Code) or steam, or<br>
          (iii) serious injury to, or illness of, a person, or<br>
          (iv) substantial property damage,<br>
     (k) in relation to a major hazard facility (as defined in Chapter<br>
     6B)—if not already covered by another paragraph of this clause, a<br>
     major accident or near miss (as defined in that Chapter).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 341A<br>
How notice of incidents is to be given<br>
 <br>
 <br>
341A How notice of incidents is to be given<br>
Notice required to be given to WorkCover under section 86 of the Act must be<br>
given in any of the following ways:<br>
     (a) by electronic communication (using a mode of electronic<br>
     communication approved by WorkCover) providing the information<br>
     requested by WorkCover,<br>
     (b) by telephone to WorkCover, giving such information as may be<br>
     requested of the caller.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 342<br>
Variation of obligations under section 86 of the Act—employers to notify<br>
WorkCover of incidents<br>
 <br>
 <br>
342 Variation of obligations under section 86 of the Act—employers to notify<br>
WorkCover of incidents<br>
     (1) In accordance with section 86 (4) of the Act, the obligations<br>
     under that section are varied by requiring an employer of a person<br>
     (instead of the occupier of the place of work) to give WorkCover<br>
     notice in the case of an injury to, or illness of, the person, being<br>
     an injury or illness that is an incident referred to in clause 341.<br>
     This subclause does not apply if the employer is aware that another<br>
     person has given the required notice to WorkCover or if the employer<br>
     has given notice of the incident in accordance with section 44 (2) of<br>
     the Workplace Injury Management and Workers Compensation Act 1998.<br>
     (2) Notice required to be given by the employer must be given as soon<br>
     as practicable (but not later than 7 days) after the employer becomes<br>
     aware of the incident.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 343<br>
Retention of records of notice acknowledgement<br>
 <br>
 <br>
343 Retention of records of notice acknowledgement<br>
     (1) A person who gives WorkCover a notice under section 86 of the Act<br>
     (including under clause 342) must make and keep for at least 5 years<br>
     after the notice is given:<br>
          (a) a record of the date, time, place and nature of the<br>
          incident to which the notice relates, and<br>
          (b) a record of the date on which and the way in which the<br>
          notice was given, and<br>
          (c) a record of any acknowledgement (such as a receipt<br>
          number) given to the person by WorkCover as evidence of<br>
          receipt of the notice.<br>
          Note: An entry in the register of injuries kept under<br>
          section 63 of the Workplace Injury Management and Workers<br>
          Compensation Act 1998 is a sufficient record of an injury<br>
          to a worker for the purposes of this clause. The record of<br>
          an acknowledgement of the notice can also be made and kept<br>
          as part of the register of injuries.<br>
     (2) Any such person must make those records available for inspection<br>
     by an inspector in accordance with a request by the inspector, and in<br>
     any event, no later than 7 days after the date of the request.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 344<br>
Non-disturbance of places and plant involved in serious incidents—additional<br>
serious incidents<br>
 <br>
 <br>
344 Non-disturbance of places and plant involved in serious<br>
incidents—additional serious incidents<br>
     Note: Section 87 of the Act requires the occupier of a place of work<br>
     involved in a serious incident (an incident that has resulted in a<br>
     person being killed) not to disturb the place (or plant at the place)<br>
     for a period of 36 hours. The section provides that additional<br>
     incidents can be prescribed as serious incidents by regulation. (The<br>
     section does not prevent such actions as helping or removing trapped<br>
     or injured persons or actions directed or permitted by an inspector<br>
     in the 36 hour period—see section 87 (4).)<br>
For the purposes of the definition of "serious incident" in section 87 (1) of<br>
the Act, the following incidents at or in relation to a place of work are<br>
prescribed:<br>
     (a) an injury to a person that results in the amputation of a limb,<br>
     (b) the placing of a person on a life support system,<br>
     (c) any incident listed below that presents an immediate threat to<br>
     life:<br>
          (i) the loss of consciousness of a person caused by impact<br>
          of physical force, exposure to hazardous substances,<br>
          electric shock or lack of oxygen,<br>
          (ii) major damage to any plant, equipment, building or<br>
          structure,<br>
          (iii) an uncontrolled explosion or fire,<br>
          (iv) an uncontrolled escape of gas, dangerous goods or<br>
          steam,<br>
          (v) imminent risk of explosion or fire,<br>
          (vi) imminent risk of an escape of gas, dangerous goods or<br>
          steam,<br>
          (vii) a spill or incident resulting in exposure or<br>
          potential exposure of a person to a notifiable or<br>
          prohibited carcinogenic substance (as defined in Part 6.3),<br>
          (viii) entrapment of a person in a confined space,<br>
          (ix) collapse of an excavation,<br>
          (x) entrapment of a person in machinery,<br>
          (xi) serious burns to a person,<br>
     (d) in relation to a major hazard facility (as defined in Chapter<br>
     6B)—if not already covered by another paragraph of this clause, a<br>
     major accident (as defined in that Chapter).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 345<br>
Proposed work in respect of which notice is required<br>
 <br>
 <br>
345 Proposed work in respect of which notice is required<br>
     (1) An employer at a place of work that is not a mining workplace or<br>
     a coal workplace must not commence to carry out work of the following<br>
     kind at a place of work unless the employer has given WorkCover<br>
     notice of the proposed work:<br>
          (a) work that involves the use of a notifiable or<br>
          prohibited carcinogenic substance (as defined in Part 6.3),<br>
          (b) lead risk work (as defined in Part 7.6),<br>
          (c) bonded asbestos removal work (as defined in Part 10.1),<br>
          (d) demolition work (as defined in Part 10.1), other than<br>
          work for which a permit under Chapter 11 is in force.<br>
     (1A) An employer at a mining workplace or a coal workplace must not<br>
     commence to carry out work of the following kind at the place of work<br>
     unless the employer has given the Department Head (Mining) notice of<br>
     the proposed work:<br>
          (a) work that involves the use of a notifiable or<br>
          prohibited carcinogenic substance (as defined in Part 6.3),<br>
          (b) lead risk work (as defined in Part 7.6),<br>
          (c) bonded asbestos removal work (as defined in Part 10.1),<br>
          (d) demolition work (as defined in Part 10.1), other than<br>
          work for which a permit under Chapter 11 is in force.<br>
     (1B) The Department Head (Mining) is to forward any notice that he or<br>
     she receives under subclause (1A) (c) or (d) to WorkCover.<br>
     (2) Any such notice must:<br>
          (a) be in the approved form, and<br>
          (b) except as provided in paragraph (c), be given at least<br>
          60 days before the commencement of the proposed work (or,<br>
          if WorkCover has agreed in writing to accept a shorter<br>
          period of notice, be given before the commencement of that<br>
          shorter period), and<br>
          (c) in the case of work that involves the therapeutic use<br>
          of cyclophosphamide in hospitals, be given on or before the<br>
          day of use, and<br>
          (d) contain the information specified in any guidelines<br>
          prepared by WorkCover for the purpose, and<br>
          (e) be lodged in a manner approved by WorkCover.<br>
     (3) If an employer has given notice of proposed work involving the<br>
     use of a carcinogenic substance and the work is continuing work, the<br>
     employer must give WorkCover a further notice (in accordance with<br>
     subclause (2) (a), (d) and (e)) at least every 5 years while the work<br>
     continues.<br>
     (4) Any proposed work involving the use of carcinogenic substances<br>
     that has been notified to WorkCover by an employer in accordance with<br>
     the former Act is taken to be notified to WorkCover by the employer<br>
     for the purposes of this clause.<br>
     Maximum penalty: Level 4.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 346<br>
WorkCover or Department Head (Mining) to be notified of any reviews of risk<br>
assessments<br>
 <br>
 <br>
346 WorkCover or Department Head (Mining) to be notified of any reviews of risk<br>
assessments<br>
An employer who is required to give notice of proposed work under clause 345<br>
must notify WorkCover or the Department Head (Mining), as the case may be, in<br>
writing of:<br>
     (a) any review of a risk assessment relating to the work that is<br>
     required to be carried out under Chapter 2, and<br>
     (b) the name and address of the person or organisation carrying out<br>
     the risk assessment if the assessment was not carried out by the<br>
     employer.<br>
     Maximum penalty: Level 1.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 347<br>
Exemptions for particular persons on application<br>
 <br>
 <br>
347 Exemptions for particular persons on application<br>
     (1) A person may apply:<br>
          (a) to WorkCover for an exemption from any provision of<br>
          this Regulation in its application to a place of work that<br>
          is not a mining workplace or a coal workplace, or<br>
          (b) to the Department Head (Mining) for an exemption from<br>
          any provision of this Regulation in its application to a<br>
          place of work that is a mining workplace or a coal<br>
          workplace.<br>
     (2) Before making such an application, the person must cause notice<br>
     of the proposed application to be given:<br>
          (a) to all persons employed at any place of work concerned,<br>
          or<br>
          (b) in accordance with any consultation arrangements agreed<br>
          by the employer and the employees under the Act.<br>
     (3) The notice:<br>
          (a) must state that the person proposes to seek an<br>
          exemption from this Regulation, and<br>
          (b) must state the effect of such an exemption, and<br>
          (c) must invite the persons to whom the notice is given to<br>
          make submissions, in writing or orally, concerning the<br>
          proposal to apply for the exemption, and<br>
          (d) must specify the person to whom, and the date by which,<br>
          any such submissions would be made.<br>
     (4) An application must be in writing and must include copies of the<br>
     written submissions, and a summary of the oral submissions, made in<br>
     connection with the application.<br>
     (5) On receipt of the application, WorkCover or the Department Head<br>
     (Mining), as the case requires:<br>
          (a) may, by order in writing, exempt the person from a<br>
          specified provision of this Regulation if it is satisfied<br>
          that:<br>
               (i) the person is capable of achieving at least<br>
               an equivalent level of safety as would be<br>
               achieved if the provision had been complied with,<br>
               or<br>
               (ii) the application of the provision to the<br>
               person is inappropriate or unnecessary in the<br>
               circumstances, or<br>
          (b) may dismiss the application.<br>
     (6) An exemption under this clause may be given unconditionally or<br>
     subject to such conditions as WorkCover or the Department Head<br>
     (Mining), as the case requires, considers appropriate and specifies<br>
     in the order.<br>
     (7) Unless withdrawn, an exemption under this clause has effect for<br>
     such period (not exceeding 5 years) as is specified in the exemption.<br>
     If no such period is specified, the exemption has effect for a period<br>
     of 5 years after it is granted.<br>
     (8) WorkCover or the Department Head (Mining), as the case requires,<br>
     may withdraw an exemption under this clause if it is satisfied that<br>
     the withdrawal is justified on health or safety grounds.<br>
     Note: See clause 351 as to the review by the Administrative Decisions<br>
     Tribunal of a decision by WorkCover or the Department Head (Mining),<br>
     as the case requires, to dismiss an application for an exemption, to<br>
     impose a condition on an exemption or to withdraw an exemption.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 348<br>
Exemptions for classes of persons or things<br>
 <br>
 <br>
348 Exemptions for classes of persons or things<br>
     (1) WorkCover may, by order published in the Gazette, exempt any<br>
     class of persons or things from a specified provision of this<br>
     Regulation in its application to a workplace that is not a mining<br>
     workplace or a coal workplace.<br>
     (1A) The Department Head (Mining) may, by order published in the<br>
     Gazette, exempt any class of persons or things from a specified<br>
     provision of this Regulation in its application to a workplace that<br>
     is a mining workplace or a coal workplace.<br>
     (2) An exemption under this clause may be unconditional or subject to<br>
     such conditions as WorkCover or the Department Head (Mining), as the<br>
     case requires, considers appropriate and specifies in the order.<br>
     (3) Unless withdrawn, an exemption under this clause has effect for<br>
     such period (not exceeding 5 years) as is specified in the exemption.<br>
     If no such period is specified, the exemption has effect for a period<br>
     of 5 years after it is granted.<br>
     (4) WorkCover or the Department Head (Mining), as the case requires,<br>
     may, before granting an exemption under this clause, give notice of<br>
     the proposed exemption to such persons or bodies as it considers<br>
     appropriate.<br>
     (5) WorkCover or the Department Head (Mining), as the case requires,<br>
     may withdraw an exemption under this clause if it is satisfied that<br>
     the withdrawal is justified on health or safety grounds.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 349<br>
Registers of exemptions<br>
 <br>
 <br>
349 Registers of exemptions<br>
     (1) WorkCover is required to keep and make available for public<br>
     inspection a register of all exemptions granted by WorkCover under<br>
     this Part that are in force.<br>
     (1A) The Department Head (Mining) is required to keep and make<br>
     available for public inspection a register of all exemptions granted<br>
     by the Department Head (Mining) under this Part that are in force.<br>
     (2) WorkCover or the Department Head (Mining), as the case requires,<br>
     is not required to include in the register confidential personal<br>
     information about an individual or information relating to<br>
     manufacturing or commercial secrets or working processes.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 351<br>
Decisions subject to review by the Administrative Decisions Tribunal: section<br>
36 of the Act<br>
 <br>
 <br>
351 Decisions subject to review by the Administrative Decisions Tribunal:<br>
section 36 of the Act<br>
     (1) A person aggrieved by a decision that belongs to one of the<br>
     following classes of decisions (being a decision made in respect of<br>
     that person) may apply to the Administrative Decisions Tribunal for a<br>
     review of the decision:<br>
          (a) decisions made by WorkCover under clause 31 (4) to<br>
          refuse to accredit the person as a trainer,<br>
          (b) decisions made by WorkCover or the Department Head<br>
          (Mining) under Part 5.2:<br>
               (i) to refuse to register a plant design, or<br>
               (ii) to refuse to register an item of plant, or<br>
               (iii) to impose a condition on registration of an<br>
               item of plant, or<br>
               (iv) to cancel the registration of an item of<br>
               plant, or<br>
               (v) to discontinue the registration of an item of<br>
               plant,<br>
          (b1) decisions made by WorkCover under Chapter 6B:<br>
               (i) that determine that a potential major hazard<br>
               facility is a major hazard facility, or<br>
               (ii) to refuse provisional registration or<br>
               registration of a major hazard facility, or<br>
               (iii) to impose a condition on the provisional<br>
               registration or registration of a major hazard<br>
               facility, or<br>
                    Note: This subparagraph relates to<br>
                    conditions imposed on provisional<br>
                    registrations or registrations of major<br>
                    hazard facilities under clauses 175O<br>
                    (1) (c) and 175T (1) (c), not general<br>
                    conditions applying to all provisional<br>
                    registrations or registrations under<br>
                    clauses 175O (1) (b) and 175T (1) (b).<br>
               (iv) to suspend or cancel the provisional<br>
               registration or registration of a major hazard<br>
               facility, or<br>
               (v) to refuse to renew the registration of a<br>
               major hazard facility,<br>
          (b2) decisions made by WorkCover under Part 8.2:<br>
               (i) to refuse to approve an RTO or a nominated<br>
               person, or<br>
               (ii) to suspend or cancel the approval of an RTO<br>
               or a nominated person,<br>
          (c) decisions made by WorkCover under Chapter 9:<br>
               (i) to refuse to issue a certificate of<br>
               competency or a licence, or<br>
               (ii) to suspend or cancel a certificate of<br>
               competency or a licence, or<br>
               (iii) to refuse to replace a certificate of<br>
               competency or a licence, or<br>
               (iv) to refuse to accredit a person as an<br>
               assessor, or<br>
               (v) to suspend or cancel a person’s<br>
               accreditation as an assessor, or<br>
               (vi) to confirm the decision of an assessor on an<br>
               application for a review of the decision, or<br>
               (vii) to refuse to approve an RTO or a nominated<br>
               person, or<br>
               (viii) to suspend or cancel the approval of an<br>
               RTO or a nominated person, or<br>
               (ix) to confirm the decision of an RTO or<br>
               WorkCover on an application for a review of the<br>
               outcome of an assessment,<br>
          (d) decisions made by WorkCover under Chapter 10:<br>
               (i) to refuse to issue a licence, or<br>
               (ii) to impose a condition on a licence, or<br>
               (iii) to suspend or cancel a licence,<br>
          (e) decisions made by WorkCover under Chapter 11:<br>
               (i) to refuse to issue a permit, or<br>
               (ii) to impose a condition on a permit, or<br>
               (iii) to suspend or cancel a permit,<br>
          (f) decisions made by WorkCover or the Department Head<br>
          (Mining) under Part 12.4:<br>
               (i) to dismiss an application for an exemption<br>
               from a provision of this Regulation, or<br>
               (ii) to impose a condition on an exemption from a<br>
               provision of this Regulation, or<br>
               (iii) to withdraw an exemption from a provision<br>
               of this Regulation.<br>
     (2) WorkCover is taken, for the purposes of an application for review<br>
     by the Administrative Decisions Tribunal:<br>
          (a) to have refused to grant an approval, permission or<br>
          exemption, or<br>
          (b) to have refused to register a plant design or an item<br>
          of plant or amusement device, or<br>
          (c) to have refused to issue a certificate of competency or<br>
          licence, or<br>
          (d) to have refused to amend or cancel a condition of an<br>
          approval, registration, permission or exemption, or<br>
          (e) to have refused to rescind a cancellation or<br>
          discontinuance of registration, or<br>
          (f) to have refused to accredit an assessor under Chapter<br>
          9, or<br>
          (g) to have confirmed a decision of an assessor under<br>
          Chapter 9,<br>
     if it does not determine an application in relation to the relevant<br>
     matter within 3 months after the date of lodgment of the application.<br>
     (2A) If a person has provided a notification under clause 175F in<br>
     relation to a facility or proposed facility to WorkCover and<br>
     WorkCover has not within 3 months of that notification provisionally<br>
     registered the facility or proposed facility under clause 175M,<br>
     WorkCover is taken, for the purposes of an application for review by<br>
     the Administrative Decisions Tribunal, to have refused the<br>
     provisional registration.<br>
     (2B) WorkCover is taken, for the purposes of an application for<br>
     review by the Administrative Decisions Tribunal, to have refused to<br>
     register a major hazard facility if it does not determine an<br>
     application in relation to the registration within 12 months after<br>
     the date of lodgment of the application.<br>
     (2C) Subclause (2) does not apply to any decision under Chapter 6B<br>
     (as referred to in subclause (1) (b1)).<br>
     (3) WorkCover is taken, for the purposes of an application for review<br>
     by the Administrative Decisions Tribunal, to have refused an<br>
     application to issue a permit under Chapter 11 if it does not<br>
     determine the application within 7 days (or 21 days in the case of an<br>
     application for a permit to do demolition work involving the use of<br>
     explosives) after the date of lodgment of the application.<br>
     (4) The Department Head (Mining) is taken, for the purposes of an<br>
     application for review by the Administrative Decisions Tribunal, to<br>
     have refused to register a plant design or an item of plant, or to<br>
     have refused to grant, or to amend or cancel a condition of, an<br>
     approval, permission or exemption, if the Department Head (Mining)<br>
     does not determine an application in relation to the relevant matter<br>
     within 3 months after the date of lodgment of the application.<br>
     Note: The Minister administering the Administrative Decisions<br>
     Tribunal Act 1997 has concurred in the making of the above clause<br>
     pursuant to section 36 (2) of the Occupational Health and Safety Act<br>
     2000.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 353<br>
Penalty notice offences and penalties<br>
 <br>
 <br>
353 Penalty notice offences and penalties<br>
     (1) For the purposes of section 108 of the Act:<br>
          (a) each offence created by a provision specified in Column<br>
          1 of Schedule 2 is an offence for which a penalty notice<br>
          may be served, and<br>
          (b) the penalty prescribed for each such offence is the<br>
          amount specified opposite the provision in Column 2 of the<br>
          Schedule.<br>
     (2) If the reference to a provision in Column 1 of Schedule 2 is<br>
     qualified by words that restrict its operation to specified kinds of<br>
     offences, an offence created by the provision is a prescribed offence<br>
     only if it is an offence of a kind so specified or committed in the<br>
     circumstances so specified.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 354<br>
Authorised officers<br>
 <br>
 <br>
354 Authorised officers<br>
An inspector under the Act is an authorised officer for the purposes of serving<br>
penalty notices for offences under the Act or this Regulation.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 356<br>
False or misleading information in applications<br>
 <br>
 <br>
356 False or misleading information in applications<br>
     (1) A person must not, in or in connection with a relevant<br>
     application under this Regulation, make any statement that the person<br>
     knows to be false or misleading in a material particular.<br>
          Maximum penalty: Level 3.<br>
     (2) For the purposes of this clause, the following are relevant<br>
     applications:<br>
          (a) an application under Chapter 5, 8, 9, 10 or 11,<br>
          (b) a notification under clause 117 or 174ZR,<br>
          (b1) a notification under clause 175F,<br>
          (b2) an application under Chapter 6B,<br>
          (c) an application for an exemption under this Chapter.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 357<br>
Additional officers authorised to consent to the institution of proceedings for<br>
offences<br>
 <br>
 <br>
357 Additional officers authorised to consent to the institution of proceedings<br>
for offences<br>
For the purposes of section 106 (1) (b) of the Act, the Department Head<br>
(Mining) is a prescribed officer in relation to proceedings for an offence<br>
against the Act concerning a place of work that is a mining workplace or coal<br>
workplace.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 358<br>
Application of Act to mining workplaces and coal workplaces: references to<br>
WorkCover<br>
 <br>
 <br>
358 Application of Act to mining workplaces and coal workplaces: references to<br>
WorkCover<br>
     (1) In accordance with section 133 of the Act, a reference in any of<br>
     the following provisions of the Act to WorkCover, in connection with<br>
     the application of the provision to a mining workplace or coal<br>
     workplace, is taken to be a reference to the Department of Industry<br>
     and Investment:<br>
          (a1) section 32B (3) (Reasons for non-prosecution of<br>
          offence),<br>
          (a) Part 4 (Industry codes of practice),<br>
          (b) section 114 (Orders regarding costs and expenses of<br>
          investigation).<br>
     (2) In accordance with section 133 of the Act, a reference in section<br>
     109 of the Act to the General Manager of WorkCover, in connection<br>
     with the application of the provision to a mining workplace or coal<br>
     workplace, is taken to be a reference to the Department Head<br>
     (Mining).<br>
     (3) In accordance with section 133 of the Act, a reference in any of<br>
     the following provisions of the Act to WorkCover, in connection with<br>
     the application of the provision to a mining workplace or coal<br>
     workplace, is taken to be a reference to the Department Head<br>
     (Mining):<br>
          (a) Division 2 (Duty to consult) of Part 2,<br>
          (b) Division 2 (Powers of inspectors) of Part 5,<br>
          (c) Division 4 (General provisions relating to notices) of<br>
          Part 6.<br>
     (4) In accordance with section 133 of the Act, a reference in section<br>
     104A of the Act to WorkCover, in connection with the application of<br>
     the provision to proceedings under the Act (rather than the Coal Mine<br>
     Health and Safety Act 2002 or the Mine Health and Safety Act 2004) in<br>
     connection with a mining workplace or a coal workplace, is taken to<br>
     be a reference to the Department Head (Mining).<br>
     (5) In accordance with section 133 of the Act, a reference in section<br>
     107 or 107A (1) or (2) of the Act to WorkCover, in connection with<br>
     the application of the provision to a mining workplace or a coal<br>
     workplace, is taken to be a reference to a person taken to have been<br>
     appointed as an inspector by virtue of section 47A (Appointment of<br>
     inspectors in connection with mining workplaces) or 47B (Appointment<br>
     of inspectors in connection with coal workplaces) of the Act.<br>
     (6) In accordance with section 133 of the Act, a reference in section<br>
     107A of the Act to the Chief Executive Officer of WorkCover, in<br>
     connection with the application of the provision to a mining<br>
     workplace or a coal workplace, is taken to be a reference to the<br>
     Department Head (Mining).<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 358A<br>
Sharing of information between WorkCover and Department of Industry and<br>
Investment<br>
 <br>
 <br>
358A Sharing of information between WorkCover and Department of Industry and<br>
Investment<br>
     (1) WorkCover may, in connection with the administration or execution<br>
     of the Act, provide any information concerning this Regulation to the<br>
     Department of Industry and Investment.<br>
     (2) The Department of Industry and Investment may, in connection with<br>
     the administration or execution of the Act, provide any information<br>
     concerning this Regulation to WorkCover.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 359<br>
Continuation of former OHS shop provisions<br>
 <br>
 <br>
359 Continuation of former OHS shop provisions<br>
     (1) In this clause,<br>
     "former OHS shop provisions" means, subject to subclause (4):<br>
          (a) the provisions of Part 3 of the Factories, Shops and<br>
          Industries Act 1962 that, immediately before 1 September<br>
          2001, applied to shops, and<br>
          (b) the provisions of the Factories (Health and Safety)<br>
          General Regulations 1913 that, immediately before 1<br>
          September 2001, applied to shops.<br>
     (2) The former OHS shop provisions continue to have effect as<br>
     provisions of this Regulation. Those provisions have effect in<br>
     addition to the provisions of this Regulation.<br>
     (3) A person who contravenes any of the former OHS shop provisions<br>
     with which the person is, under those provisions, required to comply<br>
     is guilty of an offence.<br>
          Maximum penalty: Level 4.<br>
          Note: Immediately before 1 September 2001, certain<br>
          provisions applied to shops by virtue of section 61 of the<br>
          Factories, Shops and Industries Act 1962.<br>
     (4) For the purpose of the definition of "former OHS shop provisions"<br>
     in subclause (1), the following provisions are taken to have applied<br>
     to shops immediately before 1 September 2001:<br>
          (a) sections 19, 20, 21, 23, 24, 33, 34, 38, 40, 45, 50,<br>
          57, 58, 59, 60 and 61 of the Factories, Shops and<br>
          Industries Act 1962,<br>
          (b) Regulations 3, 4, 6, 8, 9, 10, 11, 12, 16A, 17, 17A and<br>
          25 of the Factories (Health and Safety) General Regulations<br>
          1913.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 360<br>
Notes<br>
 <br>
 <br>
360 Notes<br>
The explanatory note, table of contents and notes in the text of this<br>
Regulation (other than in Schedule 8 to this Regulation) do not form part of<br>
this Regulation.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 361<br>
Transitional application of sentencing guideline provisions<br>
 <br>
 <br>
361 Transitional application of sentencing guideline provisions<br>
     (1) This clause applies to guideline proceedings under Division 4 of<br>
     Part 7 of the Act relating to offences under the Act.<br>
     (2) Nothing in this clause limits any jurisdiction or discretion of<br>
     the Full Bench under Division 4 of Part 7 of the Act.<br>
     (3) In exercising its powers and jurisdiction to give a guideline<br>
     judgment relating to an offence under the Act, the Full Bench may, if<br>
     the provision creating the offence substantially re-enacts a<br>
     provision of the former Act creating an offence (the "corresponding<br>
     offence"), consider matters relating to the corresponding offence.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- REG 362<br>
Savings and transitional provisions<br>
 <br>
 <br>
362 Savings and transitional provisions<br>
Schedule 3 has effect.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- SCHEDULE 1<br>
 <br>
 <br>
SCHEDULE 1 &ndash; Standards covering design and manufacture of plant<br>
(Clauses 3 (2) and (3), 94, 103 (3) (b) and (c), 107 (2) (a) and 122 (1) (c))<br>
     Subclauses (2) and (3) of clause 3 provide that:<br>
          (a) in this Regulation, a reference to an Australian<br>
          Standard is a reference to an Australian Standard (AS) or<br>
          an Australian/New Zealand Standard (AS/NZS) published by<br>
          Standards Australia in the year referred to in the citation<br>
          of the Standard, as in force from time to time, and<br>
          (b) if WorkCover or the Department Head (Mining) has<br>
          indicated that it is satisfied that another standard<br>
          provides an equivalent standard of safety to an Australian<br>
          Standard or an Australian/New Zealand Standard, that other<br>
          standard may be applied instead for the purposes of the<br>
          relevant provision of this Regulation, and<br>
          (c) if there is an inconsistency between a provision of<br>
          this Regulation and a provision of an Australian Standard<br>
          or another standard referred to in this Regulation, the<br>
          provision of this Regulation prevails.<br>
 ___________________________________________________________________________<br>
|____________________________|<br>
|___________________________________________________________________________|<br>
|AS 1210 Supp 1�?990       |Unfired pressure vessels—Advanced design and|<br>
|___________________________________________________________________________|<br>
|AS 1210 Supp 2�?999       |Pressure vessels—Cold-stretched austenitic  |<br>
|___________________________________________________________________________|<br>
|___________________________________________________________________________|<br>
|___________________________________________________________________________|<br>
|___________________________________________________________________________|<br>
|___________________________________________________________________________|<br>
|___________________________________________________________________________|<br>
|___________________________________________________________________________|<br>
Australian Miniature Boiler Safety Committee Code—Part 1: Copper Boilers<br>
Australian Miniature Boiler Safety Committee Code—Part 2: Steel Boilers<br>
 _____________________________________________________________________________<br>
|_____________________________________|<br>
|AS 1418.1�?994                     |Cranes (including hoists and winches)  |<br>
|_____________________________________________________________________________|<br>
|AS 1418.2�?997                     |Cranes (including hoists and winches)  |<br>
|_____________________________________________________________________________|<br>
|                                     |Cranes (including hoists and winches)  |<br>
|AS 1418.3�?997                     |Part 3: Bridge, gantry and portal      |<br>
|_____________________________________________________________________________|<br>
|AS 1418.4�?001                     |Cranes (including hoists and winches)  |<br>
|_____________________________________________________________________________|<br>
|                                     |Cranes (including hoists and winches)  |<br>
|AS 1418.5�?995                     |Part 5: Mobile and vehicle-loading     |<br>
|_____________________________________________________________________________|<br>
|AS 1418.6�?988                     |SAA Crane Code Part 6—Guided storing |<br>
|_____________________________________________________________________________|<br>
|                                     |Cranes (including hoists and winches)  |<br>
|AS 1418.7�?999                     |Part 7: Builders�?hoists and         |<br>
|_____________________________________________________________________________|<br>
|AS 1418.8�?989                     |SAA Crane Code Part 8—Special purpose|<br>
|_____________________________________________________________________________|<br>
|AS/NZS 1418.9:1996                   |Cranes (including hoists and winches)  |<br>
|_____________________________________________________________________________|<br>
|AS 1418.10�?996                    |Cranes (including hoists and winches)  |<br>
|_____________________________________________________________________________|<br>
|AS 1418.12�?991                    |Cranes (including hoists and winches)  |<br>
|_____________________________________________________________________________|<br>
|AS 1418.13�?996                    |Cranes (including hoists and winches)  |<br>
|_____________________________________________________________________________|<br>
|                                     |Cranes (including hoists and winches)  |<br>
|AS 1418.14�?996                    |Part 14: Requirements for cranes       |<br>
|_____________________________________________________________________________|<br>
|AS 1418.15�?994                    |Cranes (including hoists and winches)  |<br>
|_____________________________________________________________________________|<br>
|AS 1418.16�?997                    |Cranes (including hoists and winches)  |<br>
|_____________________________________________________________________________|<br>
|                                     |Cranes (including hoists and winches)  |<br>
|AS 1418.17�?996                    |Part 17: Design and construction of    |<br>
|_____________________________________________________________________________|<br>
|AS 1418.18�?001                    |Cranes (including hoists and winches)  |<br>
|_____________________________________________________________________________|<br>
 ____________________________________________________________________________<br>
|__________________|<br>
|____________________________________________________________________________|<br>
|____________________________________________________________________________|<br>
|AS/NZS 1576.3:1995|Scaffolding Part 3: Prefabricated and tube-and-coupler   |<br>
|____________________________________________________________________________|<br>
|____________________________________________________________________________|<br>
|____________________________________________________________________________|<br>
|AS/NZS 1576.6:2000|Scaffolding Part 6: Metal tube-and-coupler scaffolding   |<br>
|____________________________________________________________________________|<br>
 _____________________________________________________________________________<br>
|__________________________________|<br>
|AS 1735.1�?999                  |Lifts, escalators and moving walks Part 1:|<br>
|_____________________________________________________________________________|<br>
|AS 1735.2�?997                  |Lifts, escalators and moving walks Part 2:|<br>
|_____________________________________________________________________________|<br>
|                                  |Lifts, escalators and moving walks Part 3:|<br>
|AS 1735.3�?001                  |Passenger and goods                       |<br>
|_____________________________________________________________________________|<br>
|AS 1735.4�?986                  |SAA Lift Code Part 4: Service             |<br>
|_____________________________________________________________________________|<br>
|AS 1735.5�?001                  |Lifts, escalators and moving walks Part 5:|<br>
|_____________________________________________________________________________|<br>
|AS 1735.6 (Int)�?996            |Lifts, escalators and moving walks Part 6:|<br>
|_____________________________________________________________________________|<br>
|AS 1735.7�?998                  |Lifts, escalators and moving walks Part 7:|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|AS 1735.9�?994                  |Lifts, escalators and moving walks Part 9:|<br>
|_____________________________________________________________________________|<br>
|AS 1735.10 (Int)�?998           |Lifts, escalators and moving walks Part   |<br>
|_____________________________________________________________________________|<br>
|AS 1735.11�?986                 |SAA Lift Code Part 11: Fire-rated landing |<br>
|_____________________________________________________________________________|<br>
|                                  |Lifts, escalators and moving walks Part   |<br>
|AS 1735.12�?999                 |12: Facilities for persons with           |<br>
|_____________________________________________________________________________|<br>
|AS 1735.13�?986                 |SAA Lift Code Part 13: Lifts for persons  |<br>
|_____________________________________________________________________________|<br>
|AS 1735.14�?998                 |Lifts, escalators and moving walks Part   |<br>
|_____________________________________________________________________________|<br>
|                                  |Lifts, escalators and moving walks Part   |<br>
|AS 1735.15�?990                 |15: Lifts for people with limited         |<br>
|                                  |mobility—Restricted use—Non-          |<br>
|_____________________________________________________________________________|<br>
|                                  |Lifts, escalators and moving walks Part   |<br>
|AS 1735.16�?993                 |16: Lifts for people with limited         |<br>
|                                  |mobility—Restricted use—Automatically |<br>
|_____________________________________________________________________________|<br>
|                                  |Lifts, escalators and moving walks Part   |<br>
|AS 1735.17�?995                 |17: Lifts for people with limited         |<br>
|_____________________________________________________________________________|<br>
 _____________________________________________________________________________<br>
|________________|<br>
|                |The verification, filling, inspection, testing and          |<br>
|AS 2030.1�?999|maintenance of cylinders for storage and transport of       |<br>
|                |compressed gases—Part 1: Cylinders for compressed gases   |<br>
|_____________________________________________________________________________|<br>
|                |The verification, filling, inspection, testing and          |<br>
|AS 2030.2�?996|maintenance of cylinders for storage and transport of       |<br>
|_____________________________________________________________________________|<br>
|                |The verification, filling, inspection, testing and          |<br>
|AS 2030.4�?985|maintenance of cylinders for storage and transport of       |<br>
|_____________________________________________________________________________|<br>
 _____________________________________________________________________________<br>
|_________________|<br>
|_____________________________________________________________________________|<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- SCHEDULE 2<br>
 <br>
 <br>
SCHEDULE 2 &ndash; Penalty notices<br>
(Clause 353)<br>
 _____________________________________________________________________________<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|___________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|___________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Schedule 3, clause 4—in relation to clause 261 (3) of the|550              |<br>
|_____________________________________________________________________________|<br>
|Schedule 3, clause 4—in relation to clause 263 (1) of the|550              |<br>
|_____________________________________________________________________________|<br>
|Schedule 3, clause 4—in relation to clause 264 (1) of the|550              |<br>
|_____________________________________________________________________________|<br>
|Schedule 3, clause 4—in relation to clause 265 (a) of the|550              |<br>
|_____________________________________________________________________________|<br>
|Schedule 3, clause 4—in relation to clause 265 (b) of the|550              |<br>
|_____________________________________________________________________________|<br>
|Schedule 3, clause 4—in relation to clause 267 (1) of the|220              |<br>
|_____________________________________________________________________________|<br>
|Schedule 3, clause 4—in relation to clause 268 (1) of the|220              |<br>
|_____________________________________________________________________________|<br>
|Schedule 3, clause 4—in relation to clause 276 (3) of the|550              |<br>
|_____________________________________________________________________________|<br>
|Schedule 3, clause 4—in relation to clause 278 (1) of the|550              |<br>
|_____________________________________________________________________________|<br>
|Schedule 3, clause 4—in relation to clause 278 (2) of the|550              |<br>
|_____________________________________________________________________________|<br>
|Schedule 3, clause 4—in relation to clause 293 (2) of the|550              |<br>
|_____________________________________________________________________________|<br>
|Schedule 3, clause 4—in relation to clause 331 of the    |550              |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- SCHEDULE 3<br>
 <br>
 <br>
SCHEDULE 3 &ndash; Savings and transitional provisions<br>
(Clause 362)<br>
1 Savings relating to prohibition of chrysotile (white asbestos)<br>
Clauses 159 and 164 do not apply to the supply or use of a product containing<br>
chrysotile that was installed and in use before 31 December 2003.<br>
2 Transitional arrangements relating to prohibition of chrysotile (white<br>
asbestos)<br>
Clauses 159 and 164 do not apply, until the date specified, to the supply or<br>
use of the following items that contain chrysotile:<br>
     (a) until 31 December 2004, compressed asbestos fibre gaskets used<br>
     with saturated steam or superheated steam or with substances<br>
     classified as dangerous goods under the Dangerous Goods Act 1975,<br>
     including goods with corrosive, flammable, very toxic and toxic<br>
     classifications,<br>
     (b) despite paragraph (a), until 31 December 2006, compressed<br>
     asbestos fibre gaskets used with chlorine in liquid chlorine service<br>
     plants with designed process conditions of -45 degrees Celsius and<br>
     1,500kPa pressure,<br>
     (c) until 31 December 2007, any product consisting of a mixture of<br>
     asbestos with phenol formaldehyde resin or with cresylic formaldehyde<br>
     resin used in:<br>
          (i) vanes for rotary vacuum pumps, or<br>
          (ii) vanes for rotary compressors, or<br>
          (iii) split face seals of at least 150 millimetres diameter<br>
          used to prevent leakage of water from cooling water pumps<br>
          in fossil fuel electricity generating stations,<br>
     (d) until 31 December 2006, diaphragms for use in electrolytic cells<br>
     used for chlor-alkali manufacture in electrolysis plants in existence<br>
     on 31 December 2003,<br>
     (e) until 31 December 2007, or such earlier day on which the relevant<br>
     exemption ceases to have effect, parts and components that are the<br>
     subject of an exemption granted under Schedule 1B to the Occupational<br>
     Health and Safety (Commonwealth Employment) (National Standards)<br>
     Regulations 1994.<br>
3 Saving of certain Dangerous Goods Regulation provisions relating to pipelines<br>
     (1) Despite the repeal of the Dangerous Goods Act 1975 and the<br>
     Dangerous Goods (General) Regulation 1999, the following provisions<br>
     (which relate to pipelines) continue to have effect:<br>
          (a) clauses 192, 193 and 198 of that Regulation,<br>
          (b) for the purpose of those clauses, the definition of<br>
          "pipeline" in section 4 of that Act.<br>
     (2) Contravention of a provision referred to in subclause (1) is an<br>
     offence against this clause.<br>
          Maximum penalty: Level 4.<br>
     (3) The provisions referred to in subclause (1) do not apply to:<br>
          (a) the transport of any dangerous goods by road or rail,<br>
          or<br>
          (b) any associated activity or matter,<br>
     to the extent to which the transport, activity or matter is regulated<br>
     by the Road and Rail Transport (Dangerous Goods) Act 1997 or any<br>
     regulations under that Act.<br>
4 Saving of Dangerous Goods Regulation relating to ports<br>
     (1) Despite the repeal of the Dangerous Goods Act 1975 and the<br>
     Dangerous Goods (General) Regulation 1999, the provisions of Part 11<br>
     (Special requirements relating to ports) of that Regulation continue<br>
     to have effect.<br>
     (2) Contravention of a provision referred to in subclause (1) is an<br>
     offence against this clause.<br>
          Maximum penalty: Level 4.<br>
     (3) For the purposes of section 108 (9) (b) (Penalty notices for<br>
     certain offences) of the Act, a member of staff of a Port Corporation<br>
     (within the meaning of the Ports Corporatisation and Waterways<br>
     Management Act 1995) to whom the Port Corporation issued written<br>
     authorisation for the purposes of the Dangerous Goods (General)<br>
     Regulation 1999 is declared to be an authorised officer in relation<br>
     to an offence against this clause:<br>
          (a) that relates to the contravention of a provision of<br>
          Part 11 of the Dangerous Goods (General) Regulation 1999<br>
          that was prescribed by that Regulation as an offence for<br>
          which a penalty notice may have been served, and<br>
          (b) that is committed in an area where a Port Corporation<br>
          exercises port safety functions to which an operating<br>
          licence held by it under that Act applies.<br>
5 Other Dangerous Goods Regulation savings and transitional provisions<br>
     (1) Despite the repeal of the Dangerous Goods Act 1975 and the<br>
     Dangerous Goods (General) Regulation 1999, clause 99 (Notices and<br>
     labels to be exhibited at depots) of that Regulation continues to<br>
     have effect until 1 September 2006.<br>
     (2) A person who held a licence under the Dangerous Goods Act 1975<br>
     immediately before the repeal of that Act is not required to comply<br>
     with clause 174ZS (Notification to WorkCover) of this Regulation<br>
     until whichever of the following dates is the earlier:<br>
          (a) the date of the day after the day on which that licence<br>
          would have expired,<br>
          (b) the date of the day that is 12 months after the date of<br>
          repeal of that Act.<br>
6 Refund of fees for certificates of competency for formwork and operation and<br>
use of explosive-powered tools<br>
     (1) This clause applies to a fee paid by or on behalf of a person for<br>
     a certificate of competency issued under Part 9.2 that the person is<br>
     no longer required to hold because of the repeal of that Part by the<br>
     Occupational Health and Safety Amendment (Certificates of Competency)<br>
     Regulation 2010.<br>
     (2) A person may apply to WorkCover for a refund of a fee to which<br>
     this clause applies if the person:<br>
          (a) paid the fee, or<br>
          (b) is applying for or on behalf of the person who paid the<br>
          fee.<br>
     (3) The fee is to be refunded, on a pro rata basis, to a person who<br>
     makes an application under subclause (2).<br>
     (4) In this clause, "fee" means any of the following:<br>
          (a) a fee for the grant of a new certificate of competency,<br>
          (b) a fee for the renewal of a certificate of competency.<br>
7 Construction of certain references<br>
A reference in any other statutory instrument to an explosive-powered tool<br>
within the meaning of Part 9.2 of this Regulation is to be construed as a<br>
reference to an explosive-powered tool within the meaning of that Part as in<br>
force immediately before its repeal by the Occupational Health and Safety<br>
Amendment (Certificates of Competency) Regulation 2010.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- SCHEDULE 5<br>
 <br>
 <br>
SCHEDULE 5 &ndash; Quantities of dangerous goods<br>
(Clauses 174ZC, 174ZJ, 174ZN and 174ZS)<br>
1<br>
For the purposes of the Table below, the placarding quantity or manifest<br>
quantity is equal to the total of the quantities determined in accordance with<br>
items 2 and 3.<br>
2<br>
In relation to:<br>
     (a) packaged dangerous goods in a container that are:<br>
          (i) non-liquid dangerous goods (other than Class 2<br>
          dangerous goods)—the quantity is to be determined by the<br>
          net mass in kilograms of the goods in the container, and<br>
          (ii) liquid dangerous goods (other than Class 2 dangerous<br>
          goods)—the quantity is to be determined by the net<br>
          capacity of the container, and<br>
          (iii) Class 2 dangerous goods—the quantity is to be<br>
          determined by the water capacity of the container, and<br>
     (b) dangerous goods in bulk that are:<br>
          (i) non-liquid dangerous goods (other than Class 2<br>
          dangerous goods)—the quantity is to be determined by the<br>
          mass in kilograms that the container is designed to hold,<br>
          and<br>
          (ii) liquid dangerous goods (other than Class 2 dangerous<br>
          goods)—the quantity is to be determined by the design<br>
          capacity of the container in litres, and<br>
          (iii) Class 2 dangerous goods—the quantity is to be<br>
          determined by the water capacity of the container, and<br>
          (iv) solid dangerous goods not in a container—the<br>
          quantity is to be determined by the undivided mass in<br>
          kilograms, and<br>
     (c) dangerous goods that are articles or things—the quantity is to<br>
     be determined by the net quantity of that part of the article or<br>
     thing that is in itself dangerous goods.<br>
3<br>
In the Table below, "kg or L" means, where this combination of letters<br>
immediately follows numbers, the combined total of:<br>
     (a) the number of kilograms of non-liquid dangerous goods (other than<br>
     Class 2 dangerous goods), and<br>
     (b) the number of litres of liquid dangerous goods (other than Class<br>
     2 dangerous goods), and<br>
     (c) the water capacity of containers of Class 2 dangerous goods,<br>
in accordance with item 2.<br>
4<br>
For the purposes of the Table below, "separately", in relation to the storage<br>
or handling of dangerous goods separately from other dangerous goods, means the<br>
physical separation of the dangerous goods from other dangerous goods, by<br>
either distance or a physical barrier<br>
Table<br>
 _____________________________________________________________________________<br>
|Group|Description of   |Packing Group    |Placarding       |Manifest quantity|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|     |Class 2.2        |                 |                 |                 |<br>
|     |Subsidiary Risk  |Not Applicable   |2,000 L          |10,000 L         |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|     |Class 3, 4.1,    |                 |                 |                 |<br>
|2    |4.2, 4.3, 5.1,   |I                |50 kg or L       |500 kg or L      |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|     |                 |Mixed Packing    |                 |                 |<br>
|     |                 |Groups in a      |                 |                 |<br>
|     |                 |single Class with|                 |                 |<br>
|     |                 |the quantity of  |                 |                 |<br>
|     |                 |each Packing     |1,000 kg or L    |10,000 kg or L   |<br>
|     |                 |Group below the  |                 |                 |<br>
|     |                 |specified        |                 |                 |<br>
|     |                 |quantity for the |                 |                 |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|     |                 |Mixed Packing    |                 |                 |<br>
|     |                 |Groups in Class 9|                 |                 |<br>
|     |                 |with the quantity|                 |                 |<br>
|     |                 |of each Packing  |5,000 kg or L    |10,000 kg or L   |<br>
|     |                 |Group below the  |                 |                 |<br>
|     |                 |specified        |                 |                 |<br>
|     |                 |quantity for the |                 |                 |<br>
|_____________________________________________________________________________|<br>
|     |Mixed Classes of |                 |                 |                 |<br>
|     |dangerous goods  |                 |                 |                 |<br>
|     |where none of the|                 |5,000 kg or      |                 |<br>
|     |Classes, types or|                 |L—The quantity |                 |<br>
|     |Packing Groups   |                 |applies only if  |                 |<br>
|4    |(if any) present |Not Applicable   |the placarding   |10,000 kg or L   |<br>
|     |exceeds the      |                 |quantity for an  |                 |<br>
|     |quantities       |                 |individual Class |                 |<br>
|     |specified for the|                 |that is present  |                 |<br>
|     |relevant quantity|                 |is 5,000 kg or L.|                 |<br>
|     |in Item 1, 2 or 3|                 |                 |                 |<br>
|_____________________________________________________________________________|<br>
|     |                 |                 |2,000 kg or      |                 |<br>
|     |                 |                 |L—The quantity |                 |<br>
|     |                 |                 |applies only if  |                 |<br>
|     |                 |                 |the placarding   |                 |<br>
|     |                 |                 |quantity for all |                 |<br>
|     |                 |                 |of the Classes   |                 |<br>
|     |                 |                 |present is 2,000 |                 |<br>
|_____________________________________________________________________________|<br>
|     |C1 combustible   |                 |                 |                 |<br>
|     |liquids stored   |                 |                 |                 |<br>
|     |and handled with |                 |                 |                 |<br>
|     |fire risk        |                 |                 |                 |<br>
|     |dangerous goods  |                 |                 |                 |<br>
|     |where none of the|                 |                 |                 |<br>
|5    |Classes, types or|Not Applicable   |1,000 kg or L    |10,000 kg or L   |<br>
|     |Packing Groups   |                 |                 |                 |<br>
|     |(if any) present |                 |                 |                 |<br>
|     |exceeds the      |                 |                 |                 |<br>
|     |relevant         |                 |                 |                 |<br>
|     |quantities in    |                 |                 |                 |<br>
|     |Item 1, 2 or 3 of|                 |                 |                 |<br>
|_____________________________________________________________________________|<br>
|     |Goods too        |                 |                 |                 |<br>
|     |dangerous to be  |                 |                 |                 |<br>
|6    |transported that |Not Applicable   |Any quantity     |Any quantity     |<br>
|     |are not kept in a|                 |                 |                 |<br>
|_____________________________________________________________________________|<br>
|     |C1 combustible   |                 |                 |                 |<br>
|     |liquids in bulk  |                 |                 |                 |<br>
|     |stored and       |                 |                 |                 |<br>
|7    |handled          |Not Applicable   |10,000 L         |100,000 L        |<br>
|     |separately from  |                 |                 |                 |<br>
|     |other dangerous  |                 |                 |                 |<br>
|_____________________________________________________________________________|<br>
|     |C1 combustible   |                 |                 |                 |<br>
|     |liquids stored   |                 |                 |                 |<br>
|     |and handled in   |                 |                 |                 |<br>
|     |packages         |Not Applicable   |50,000 L         |100,000 L        |<br>
|     |separately from  |                 |                 |                 |<br>
|     |other dangerous  |                 |                 |                 |<br>
|_____________________________________________________________________________|<br>
|     |C1 combustible   |                 |                 |                 |<br>
|     |liquids in bulk  |                 |                 |                 |<br>
|     |and in packages  |                 |                 |                 |<br>
|     |stored and       |                 |                 |                 |<br>
|     |handled          |                 |                 |                 |<br>
|     |separately from  |Not Applicable   |50,000 L         |100,000 L        |<br>
|     |other dangerous  |                 |                 |                 |<br>
|     |goods provided   |                 |                 |                 |<br>
|     |the quantity in  |                 |                 |                 |<br>
|     |bulk is 10,000 L |                 |                 |                 |<br>
|_____________________________________________________________________________|<br>
     Note: For the purposes of item 3 in the Table, where Class 9<br>
     dangerous goods do not have a Packing Group assigned to them, they<br>
     are deemed to be assigned to Packing Group III.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- SCHEDULE 6<br>
 <br>
 <br>
SCHEDULE 6 &ndash; Placarding requirements<br>
(Clauses 174ZJ and 174ZK)<br>
1 Outer warning placard<br>
     (1) The placard must have:<br>
          (a) the form shown in Figure 1, and<br>
          (b) dimensions not less than those shown in Figure 1.<br>
     (2) The placard must display the word “HAZCHEM�? in red letters<br>
     not less than 100 mm high and of the style shown in Figure 1, on a<br>
     white or silver background.<br>
     (3) For the purposes of subclause (2), "red" means the colour Signal<br>
     Red in accordance with AS 2700S�?996 (R13), Colour Standards for<br>
     general purposes—Signal Red.<br>
     [graphic]<br>
2 Placard for dangerous goods in bulk of Class 2.1, 2.2, 2.3, 3, 4.1, 4.2, 4.3,<br>
5.1, 5.2, 6.1, 8 or 9<br>
     (1) The placard must have:<br>
          (a) the form shown in Figure 2, and<br>
          (b) dimensions not less than those shown in Figure 2.<br>
     (2) The placard must contain the following information:<br>
          (a) in space (p) in Figure 2, the proper shipping name,<br>
          (b) in space (q) in Figure 2, the UN Number,<br>
          (c) in space (r) in Figure 2, the Hazchem Code for the<br>
          dangerous goods specified in the ADG Code,<br>
          (d) in space (s) in Figure 2, the Class label and<br>
          Subsidiary Risk label, if any.<br>
     (3) For the purposes of subclause (2) (d):<br>
          (a) the Class label and the Subsidiary Risk label, if any,<br>
          must have the form and colouring specified in the ADG Code,<br>
          and<br>
          (b) if there is more than one Subsidiary Risk label, the<br>
          width of the right hand portion of the placard may be<br>
          extended.<br>
3 Placard for dangerous goods in bulk that are goods too dangerous to be<br>
transported<br>
     (1) The placard must have:<br>
          (a) the form shown in Figure 2, and<br>
          (b) dimensions not less than those shown in Figure 2.<br>
     (2) The placard must contain the following information:<br>
          (a) in space (p) in Figure 2, the name for the goods<br>
          specified in Appendix 5 of the ADG Code,<br>
          (b) space (q) in Figure 2 must be left blank,<br>
          (c) space (r) in Figure 2 must be left blank,<br>
          (d) in space (s) in Figure 2, the label specified in Figure<br>
          4.<br>
     [graphic]<br>
          Note:<br>
               1 The numerals and letters used for showing the<br>
               proper shipping name or name of the goods, UN<br>
               Number and Hazchem Code must be:<br>
                    (a) black on a white background, except<br>
                    where a letter of the Hazchem Code is<br>
                    white on a black background, and<br>
                    (b) at least 100 mm high, except where<br>
                    the proper shipping name requires 2<br>
                    lines to be used, in which case the<br>
                    lettering must be at least 50 mm high.<br>
               2 An Emergency Information Panel of a size and<br>
               layout in accordance with the ADG Code for the<br>
               dangerous goods that contains the information<br>
               required by clause 2 or 3 may be used as a<br>
               placard for a storage of dangerous goods in bulk<br>
               instead of the placards referred to in clause 2<br>
               (1) or 3 (1).<br>
4 Placard for packaged dangerous goods<br>
     (1) The placard must have the form shown in Figure 3 and be of<br>
     sufficient size to accommodate the labels to be displayed on it.<br>
     (2) The placard must have a white or silver background.<br>
     (3) The placard must display:<br>
          (a) for dangerous goods present in the storage location,<br>
          other than goods too dangerous to be transported:<br>
               (i) the corresponding Class label for each Class<br>
               of dangerous goods present in a quantity that<br>
               exceeds the quantity specified in the column<br>
               headed “Placarding quantity�? in the Table to<br>
               Schedule 5, and<br>
               (ii) if the total quantity of mixed Classes of<br>
               dangerous goods exceeds the mixed Classes<br>
               quantity specified in Item 4 of the Table to<br>
               Schedule 5:<br>
                    (A) a Class label for each Class of<br>
                    dangerous goods present that exceeds<br>
                    50% of the quantity specified for the<br>
                    Class in Item 1, 2 or 3 of the Table,<br>
                    or<br>
                    (B) if no other Class label is<br>
                    required, a mixed Class label, and<br>
               (iii) for C1 combustible liquids and fire risk<br>
               dangerous goods in an aggregate quantity<br>
               exceeding 1,000 L—a Class 3 Class label, and<br>
          (b) for goods too dangerous to be transported present in<br>
          the storage location, the label specified in Figure 4.<br>
     [graphic]<br>
          Note: The Class label, mixed Class label and the label<br>
          required by clause 4 (3) must have sides at least 100 mm<br>
          long.<br>
     [graphic]<br>
5 Placard for C1 combustible liquids (in bulk and in packages)<br>
A placard for C1 combustible liquids in bulk and in packages must display the<br>
words “COMBUSTIBLE LIQUID�? as shown in Figure 5 in black letters in the<br>
style shown, not less than 100 mm high and on a white or silver background.  <br>
[graphic]  <br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- SCHEDULE 7<br>
 <br>
 <br>
SCHEDULE 7 &ndash; Information to be contained in a manifest<br>
(Clause 174ZN)<br>
1 General information<br>
     (1) The name of the occupier of the premises.<br>
     (2) The address of the premises.<br>
     (3) The date when the manifest was prepared or last revised.<br>
2 Emergency contacts<br>
Contact information for at least 2 persons (or for one person if that person is<br>
available at all times) who may be contacted in the event of an emergency for<br>
information as to the nature and quantity of dangerous goods likely to be on<br>
the premises.<br>
3 Summary information about Classes of dangerous goods<br>
A summary list that specifies the maximum quantity of:<br>
     (a) each Packing Group of each Class of dangerous goods that has<br>
     Packing Groups, and<br>
     (b) each Class of dangerous goods that does not have Packing Groups,<br>
     and<br>
     (c) C1 combustible liquids, and<br>
     (d) each type of goods too dangerous to be transported,<br>
that the premises may store or handle.<br>
4 Dangerous goods stored in bulk other than in IBCs<br>
     (1) In relation to each container (other than an IBC) and each other<br>
     form of storage of dangerous goods in bulk at the premises:<br>
          (a) the identification number or code, and<br>
          (b) the type and capacity.<br>
     (2) In relation to dangerous goods that are:<br>
          (a) dangerous goods other than C1 combustible liquids or<br>
          goods too dangerous to be transported—the proper shipping<br>
          name, the UN Number and Class of the dangerous goods, and<br>
          (b) C1 combustible liquids—the product name and the<br>
          statement “Combustible Liquid�?, and<br>
          (c) goods too dangerous to be transported—the name of the<br>
          goods specified in Appendix 5 of the ADG Code and the<br>
          statement “Goods too dangerous to be transported�?.<br>
5 Packaged dangerous goods<br>
In relation to each storage location that contains packaged dangerous goods or<br>
dangerous goods in IBCs, and that is required to be placarded in accordance<br>
with Subdivision 6 of Division 3 of Part 6A.3:<br>
     (a) the identification number or code for the storage location, and<br>
     (b) for dangerous goods of Packing Group I or Class 2.3 that are<br>
     likely to be kept in the storage location:<br>
          (i) the proper shipping name of the dangerous goods that<br>
          are assigned to a Class, and<br>
          (ii) the Class, and<br>
          (iii) the maximum quantity of each of the dangerous goods<br>
          that may be stored or handled in the storage location, and<br>
     (c) for goods too dangerous to be transported that are likely to be<br>
     kept in the storage location:<br>
          (i) the name of the dangerous goods specified in Appendix 5<br>
          of the ADG Code, and<br>
          (ii) the statement “Goods too dangerous to be<br>
          transported�?, and<br>
          (iii) the maximum quantity of each of the dangerous goods<br>
          that may be stored or handled in the storage location, and<br>
     (d) for other dangerous goods that are likely to be kept in the<br>
     storage location:<br>
          (i) for dangerous goods with an assigned Class—the Class<br>
          for the dangerous goods, and<br>
          (ii) for C1 combustible liquids—the statement<br>
          “Combustible Liquid�?, and<br>
          (iii) in any case, the maximum quantity of each Class and<br>
          the maximum quantity of C1 combustible liquids that may be<br>
          stored or handled in the storage location.<br>
6 Dangerous goods in manufacture<br>
In relation to each location where dangerous goods are manufactured:<br>
     (a) the identification number or code of the manufacturing location,<br>
     and<br>
     (b) for dangerous goods with an assigned Class—the Class of each<br>
     type of dangerous goods and the maximum quantity of each Class that<br>
     can be handled in the location, and<br>
     (c) for goods too dangerous to be transported—the statement<br>
     “Goods too dangerous to be transported�? and the maximum quantity<br>
     of those goods that can be handled in the location, and<br>
     (d) for C1 combustible liquids—the statement “C1 combustible<br>
     liquid�? and the maximum quantity of C1 combustible liquids that can<br>
     be handled in the location.<br>
7 Dangerous goods loaded onto vehicle, vessel or aircraft<br>
If, in relation to any dangerous goods loaded onto a vehicle, vessel or<br>
aircraft at the premises, there are dangerous goods shipping documents that<br>
comply with the ADG Code available for the goods, the information required by<br>
clauses 3, 4 and 5 may be provided in the form of a compilation of those<br>
shipping documents.<br>
8 Plan of premises<br>
A plan of the premises that:<br>
     (a) shows the location of:<br>
          (i) the containers and other forms of storage of dangerous<br>
          goods in bulk referred to in clause 4, and<br>
          (ii) the storage locations for packaged dangerous goods and<br>
          dangerous goods in IBCs referred to in clause 5, and<br>
          (iii) the locations where dangerous goods are manufactured<br>
          referred to in clause 6, and<br>
     (b) includes a description in words of the location of:<br>
          (i) the items referred to in paragraph (a), and<br>
          (ii) areas where dangerous goods loaded onto a vehicle,<br>
          vessel or aircraft may be located, and<br>
     (c) provides the identification number or code for the items referred<br>
     to in paragraph (b), and<br>
     (d) provides a legend for the identification numbers and codes<br>
     referred to in paragraph (c), and<br>
     (e) shows the location of:<br>
          (i) the main entrance and the other points of entry to the<br>
          premises, and<br>
          (ii) essential site services, including fire services and<br>
          isolation points for fuel and power, and<br>
          (iii) the manifest, and<br>
          (iv) all drains on the site, and<br>
     (f) describes the nature of the occupancy of adjoining sites or<br>
     premises.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- SCHEDULE 8<br>
 <br>
 <br>
SCHEDULE 8 &ndash; Identification of a major hazard facility<br>
(Clause 175A)<br>
Determination of threshold quantities<br>
The following rules apply to the determination of threshold quantities from<br>
Table 1 and Table 2:<br>
     (a) if the material is specifically listed in Table 1, the threshold<br>
     quantity is to be determined from Table 1, and<br>
     (b) if a material is not specifically listed in Table 1, the<br>
     appropriate threshold quantity is to be determined from Table 2 from<br>
     the description which best applies to the material, and<br>
     (c) if more than one of the descriptions in Table 2 applies to a<br>
     material, the description with the lowest threshold quantity is to be<br>
     used.<br>
Table 1<br>
 ________________________________________________________________________<br>
|Material                  |UN numbers included under|Threshold quantity |<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|AMMONIA, ANHYDROUS,       |                         |                   |<br>
|LIQUEFIED or AMMONIA      |                         |                   |<br>
|SOLUTIONS, relative       |1005                     |200                |<br>
|density less than 0.880 at|                         |                   |<br>
|15°C in water, with more |                         |                   |<br>
|________________________________________________________________________|<br>
|AMMONIUM NITRATE, with not|                         |                   |<br>
|more than 0.2% combustible|                         |                   |<br>
|substances, including any |                         |                   |<br>
|organic substances        |1942                     |2500               |<br>
|calculated as carbon, to  |                         |                   |<br>
|the exclusion of any other|                         |                   |<br>
|________________________________________________________________________|<br>
|AMMONIUM NITRATE          |2067                     |5000               |<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|ARSENIC PENTOXIDE, Arsenic|1559                     |10                 |<br>
|________________________________________________________________________|<br>
|ARSENIC TRIOXIDE,         |                         |                   |<br>
|Arsenious (III) Acid and  |1561                     |0.10               |<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|BROMINE or BROMINE        |1744                     |100                |<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|HYDROFLUORIC ACID SOLUTION|1790                     |50                 |<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|OXIDES OF NITROGEN,       |                         |                   |<br>
|including nitrous oxide,  |1067                     |50                 |<br>
|nitrogen dioxide and      |                         |                   |<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|SULFURIC ANHYDRIDE (Alt:  |1829                     |75                 |<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
|________________________________________________________________________|<br>
     Note:<br>
          1 The UN number listed against the named material is given<br>
          for information only. It does not restrict the meaning of<br>
          the name, which also applies to material that falls outside<br>
          the UN number, for example, because it is too dangerous to<br>
          transport or is part of a mixture covered by another UN<br>
          number. However, any material that is covered by the listed<br>
          UN numbers must be included in the quantity of the material<br>
          named.<br>
          2 If a Schedule 8 material is part of a mixture, the<br>
          equivalent quantity should be calculated as shown by<br>
          Example 2 in Chapter 16 of the “National Code of Practice<br>
          for the Control of Major Hazard Facilities�? [NOHSC: 2016<br>
          (1996)].<br>
Table 2<br>
 _______________________________________________________________________<br>
|Material                |Description               |Threshold quantity |<br>
|_______________________________________________________________________|<br>
|_______________________________________________________________________|<br>
|                        |All other Explosives of   |50                 |<br>
|_______________________________________________________________________|<br>
|_______________________________________________________________________|<br>
|_______________________________________________________________________|<br>
|Compressed and liquefied|Compressed or liquefied   |                   |<br>
|gases                   |gases of Class 2.1 or     |200                |<br>
|_______________________________________________________________________|<br>
|                        |Liquefied gases of        |200                |<br>
|_______________________________________________________________________|<br>
|                        |Compressed or liquefied   |                   |<br>
|                        |gases that meet the       |20                 |<br>
|                        |criteria for Very Toxic in|                   |<br>
|_______________________________________________________________________|<br>
|                        |Compressed or liquefied   |                   |<br>
|                        |gases that meet the       |200                |<br>
|                        |criteria for Toxic in     |                   |<br>
|_______________________________________________________________________|<br>
|                        |Liquids that meet the     |                   |<br>
|                        |criteria for Class 3      |                   |<br>
|Flammable materials     |Packing Group I (Except   |200                |<br>
|                        |for crude oil in remote   |                   |<br>
|_______________________________________________________________________|<br>
|                        |Crude oil in remote       |                   |<br>
|                        |locations that meets the  |2000               |<br>
|                        |criteria for Class 3      |                   |<br>
|_______________________________________________________________________|<br>
|                        |Liquids that meet the     |                   |<br>
|                        |criteria for Class 3      |50,000             |<br>
|_______________________________________________________________________|<br>
|                        |Liquids with flashpoints  |                   |<br>
|                        |<61°C kept above their   |200                |<br>
|                        |boiling points at ambient |                   |<br>
|_______________________________________________________________________|<br>
|                        |Combustible solids that   |                   |<br>
|                        |meet the criteria for     |200                |<br>
|_______________________________________________________________________|<br>
|                        |Spontaneously combustible |                   |<br>
|                        |materials that meet the   |200                |<br>
|                        |criteria for Class 4.2    |                   |<br>
|_______________________________________________________________________|<br>
|                        |Materials which liberate  |                   |<br>
|                        |flammable gases or react  |                   |<br>
|                        |violently on contact with |200                |<br>
|                        |water and that meet the   |                   |<br>
|                        |criteria for Class 4.3    |                   |<br>
|_______________________________________________________________________|<br>
|                        |Materials which belong to |                   |<br>
|                        |Classes 3 or 8 Packing    |                   |<br>
|                        |Group I or II which have  |500                |<br>
|                        |Hazchem codes of 4WE      |                   |<br>
|                        |(materials which react    |                   |<br>
|_______________________________________________________________________|<br>
|                        |Oxidizing materials       |                   |<br>
|                        |identified in the ADG Code|                   |<br>
|Oxidizing materials     |as being goods too        |50                 |<br>
|                        |dangerous to be           |                   |<br>
|_______________________________________________________________________|<br>
|                        |Oxidizing materials that  |                   |<br>
|                        |meet the criteria for     |200                |<br>
|                        |Class 5.1 Packing Group I |                   |<br>
|_______________________________________________________________________|<br>
|                        |Peroxides identified in   |                   |<br>
|Peroxides               |the ADG Code as being     |50                 |<br>
|                        |goods too dangerous to be |                   |<br>
|_______________________________________________________________________|<br>
|                        |Organic Peroxides that    |                   |<br>
|                        |meet the criteria for     |200                |<br>
|_______________________________________________________________________|<br>
|                        |Materials that meet the   |                   |<br>
|Toxic solids and liquids|criteria for Very Toxic in|20                 |<br>
|_______________________________________________________________________|<br>
|                        |Materials that meet the   |                   |<br>
|                        |criteria for Toxic in     |200                |<br>
|_______________________________________________________________________|<br>
     Note:<br>
          1 "ADG Code" means the current edition of the Australian<br>
          Code for the Transport of Dangerous Goods by Road and Rail.<br>
          2 "Class" means the Class of dangerous goods referred to in<br>
          the current edition of the Australian Code for the<br>
          Transport of Dangerous Goods by Road and Rail.<br>
          3 "Packing Group" means the particular Packing Group<br>
          determined from the current edition of the Australian Code<br>
          for the Transport of Dangerous Goods by Road and Rail.<br>
          4 Materials referred to in the Table belong to a Class or<br>
          Packing Group regardless of whether or not they are<br>
          packaged for transport or under pressure.<br>
          5 The quantities specified for explosives relate to the<br>
          weight of explosive exclusive of any non-explosive<br>
          components.<br>
          6 If explosives of different Hazard Divisions are present<br>
          in the same area or storage, all of the explosives shall be<br>
          classified in accordance with Table 3 to this Schedule.<br>
Table 3: Determination of precedence of hazard division<br>
 _______________________________________<br>
|_______________________________________|<br>
|_______________________________________|<br>
|_______________________________________|<br>
|_______________________________________|<br>
|_______________________________________|<br>
|_______________________________________|<br>
|_______________________________________|<br>
     Note:<br>
          1 The precedence of hazard division of explosives of two<br>
          different hazard divisions is the hazard division<br>
          determined by taking the hazard division of one explosive<br>
          in the vertical hazard division column of Table 3, and the<br>
          hazard division of the other explosive in the horizontal<br>
          hazard division column of the Table, and reaching the place<br>
          in the Table where the two columns intersect.<br>
          2 If explosives of more than two hazard divisions are<br>
          present together, the precedence of hazard division of<br>
          those explosives is determined by taking any two of those<br>
          hazard divisions and determining their precedence of hazard<br>
          division in accordance with Note 1, then taking that<br>
          collective hazard division and another of the hazard<br>
          divisions and determining their precedence of hazard<br>
          division in accordance with Note 1 and then continuing this<br>
          process until all hazard divisions present have been<br>
          considered.<br>
Table 4: Criteria for toxicity<br>
 _____________________________________________________________________________<br>
|Description|Oral toxicity 1 LD 50 |Dermal toxicity 2 LD|Inhalation toxicity 3|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
     Note:<br>
          1 In rats<br>
          2 In rats or rabbits<br>
          3 4 hours in rats<br>
     Note: The criteria for toxicity are defined according to the<br>
     Australian Code for the Transport of Dangerous Goods by Road and Rail<br>
     and its appendices.<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Does not include amendments by:<br>
Licensing and Registration (Uniform<br>
Procedures) Act 2002 No 28 (not commenced)<br>
<br>
<br>
<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Reprint history:<br>
Reprint No 1   23 September 2003  <br>
<br>
Reprint No 2   16 November 2004  <br>
<br>
Reprint No 3   19 September 2006  <br>
<br>
Reprint No 4   13 October 2009  <br>
<br>
<br>
<br>
<br>
 <br>
<br>
OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001<br>
- NOTES<br>
 <br>
<br>
Historical notes<br>
The following abbreviations are used in the Historical notes:<br>
<br>
 ______________________________________________________________________<br>
|______________________________________________________________________|<br>
|______________________________________________________________________|<br>
|______________________________________________________________________|<br>
|______________________________________________________________________|<br>
|______________________________________________________________________|<br>
|______________________________________________________________________|<br>
|______________________________________________________________________|<br>
Table of amending instrumentsOccupational Health and Safety<br>
Regulation 2001 published in Gazette No 129 of 24.8.2001, p 6197 and amended as<br>
follows:<br>
<br>
Occupational Health and Safety Amendment (Shops) Regulation<br>
2001 (GG No 132 of 31.8.2001, p 7089)<br>
<br>
Occupational Health and Safety Amendment (Penalty Notices)<br>
Regulation 2002 (GG No 19 of 11.1.2002, p 90)<br>
<br>
Occupational Health and Safety Amendment (Sentencing Guidelines)<br>
Regulation 2003 (GG No 54 of 28.2.2003, p 3542)<br>
<br>
Occupational Health and Safety Amendment (Incident Notification)<br>
Regulation 2003 (GG No 128 of 22.8.2003, p 8026)<br>
<br>
Statute Law (Miscellaneous Provisions)<br>
Act (No 2) 2003 No 82. Assented to 27.11.2003. Date of commencement of Sch<br>
2.21, assent, sec 2 (2).<br>
<br>
Occupational Health and Safety Amendment (Accreditation and<br>
Certification) Regulation 2003 (GG No 197 of 19.12.2003, p 11335)<br>
<br>
Occupational Health and Safety Amendment (Chrysotile Asbestos)<br>
Regulation 2003 (GG No 197 of 19.12.2003, p 11338)<br>
<br>
Electricity (Consumer Safety) Act 2004 No 4. Assented to 17.3.2004. Date of<br>
commencement of Sch 4.12, 3.2.2006, sec 2 (1) and GG No 16 of 3.2.2006, p 532.<br>
<br>
Occupational Health and Safety Amendment (Accreditation and<br>
Certification) Regulation 2004 (GG No 58 of 19.3.2004, p 1267)<br>
<br>
Occupational Health and Safety Amendment (Mines) Regulation<br>
2004 (GG No 83 of 14.5.2004, p 2801)<br>
<br>
Occupational Health and Safety Amendment (Work Experience<br>
Accreditation) Regulation 2004 (GG No 91 of 28.5.2004, p 3247 (see also erratum<br>
published in GG No 94 of 4.6.2004, p 3399))<br>
<br>
Statute Law (Miscellaneous Provisions)<br>
Act 2004 No 55. Assented to 6.7.2004. Date of commencement of Sch 2.25, assent,<br>
sec 2 (2).<br>
<br>
Occupational Health and Safety Amendment (Electrical Work)<br>
Regulation 2004 (GG No 135 of 20.8.2004, p 6612)<br>
<br>
Occupational Health and Safety Amendment (Transitional)<br>
Regulation 2004 (GG No 200 of 17.12.2004, p 9354)<br>
<br>
Occupational Health and Safety Amendment (Self-Erecting Tower<br>
Cranes) Regulation 2005 (GG No 25 of 11.2.2005, p 337)<br>
<br>
 _____________________________________________________________________________<br>
|    |      |Occupational Health and Safety Amendment (Penalty Notices)       |<br>
|2005|(205) |Regulation 2005. GG No 65 of 3.6.2005, p 1919.                   |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (Long Distance Truck    |<br>
|    |(221) |Driver Fatigue) Regulation 2005. GG No 70 of 10.6.2005, p 2265.  |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety                                   |<br>
|    |No 34 |Amendment (Workplace Deaths) Act 2005. Assented to 15.6.2005.    |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (Dangerous Goods)       |<br>
|    |(531) |Regulation 2005. GG No 110 of 1.9.2005, p 6856.                  |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Statute Law (Miscellaneous Provisions)                           |<br>
|    |No 98 |Act (No 2) 2005. Assented to 24.11.2005.                         |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Vocational Education and Training Act                            |<br>
|    |      |2005. Assented to 28.11.2005.                                    |<br>
|    |No 100|                                                                 |<br>
|    |      |Date of commencement, 24.4.2006, sec 2 and GG No 55 of 21.4.2006,|<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (OHS Induction          |<br>
|2006|(197) |Training) Regulation 2006. GG No 54 of 13.4.2006, p 2331.        |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (Electrical Equipment)  |<br>
|    |(216) |Regulation 2006. GG No 58 of 28.4.2006, p 2429.                  |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (Electrical             |<br>
|    |(272) |Installations) Regulation 2006. GG No 72 of 2.6.2006, p 3749.    |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (Certificates of        |<br>
|    |(520) |Competency) Regulation 2006. GG No 111 of 1.9.2006, p 7406.      |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (OHS Induction          |<br>
|    |(521) |Training) Regulation 2006 (No 2). GG No 111 of 1.9.2006, p 7410. |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (Licensing) Regulation  |<br>
|    |(664) |2006. GG No 135 of 10.11.2006, p 9506.                           |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (Coal Workplaces)       |<br>
|    |(793) |Regulation 2006. GG No 189 of 22.12.2006, p 11711.               |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (Licensed Asbestos      |<br>
|2007|(216) |Removal Work) Regulation 2007. GG No 70 of 25.5.2007, p 2956.    |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Statute Law (Miscellaneous Provisions)                           |<br>
|    |      |Act 2007. Assented to 4.7.2007.                                  |<br>
|    |No 27 |                                                                 |<br>
|    |      |Date of commencement of Sch 1.31, 1.7.2008, Sch 1.31 and         |<br>
|    |      |Commonwealth FRLI F2008L02273; date of commencement of Sch 4,    |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (Administration in      |<br>
|    |      |Relation to Mines and Coal Workplaces) Regulation 2007. GG No 146|<br>
|    |(508) |of 12.10.2007, p 7739.                                           |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (Certificates of        |<br>
|    |(528) |Competency) Regulation 2007. GG No 160 of 2.11.2007, p 8206.     |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (Licensing of Asbestos  |<br>
|    |      |Removal and Demolition Work) Regulation 2008. GG No 56 of        |<br>
|2008|(140) |23.5.2008, p 3955.                                               |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (Application to Mining  |<br>
|    |      |Workplaces and Coal Workplaces) Regulation 2008. GG No 72 of     |<br>
|    |      |20.6.2008, p 5386.                                               |<br>
|    |      |                                                                 |<br>
|    |(193) |Date of commencement, 1.9.2008, cl 2. Sch 2 [6] and [7] were     |<br>
|    |      |without effect as the provision being amended was amended by the |<br>
|    |      |Statute Law                                                      |<br>
|    |      |(Miscellaneous Provisions) Act 2008 No                           |<br>
|_____________________________________________________________________________|<br>
|    |      |Statute Law (Miscellaneous Provisions)                           |<br>
|    |No 62 |Act 2008. Assented to 1.7.2008.                                  |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (Major Hazard           |<br>
|    |(271) |Facilities) Regulation 2008. GG No 82 of 4.7.2008, p 6528.       |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (Clothing Factory       |<br>
|    |(361) |Registration) Regulation 2008. GG No 100 of 22.8.2008, p 7800.   |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Further Amendment (Major Hazard   |<br>
|    |      |Facilities) Regulation 2008. GG No 106 of 29.8.2008, p 8429.     |<br>
|    |      |                                                                 |<br>
|    |(389) |Date of commencement, immediately after the commencement of the  |<br>
|    |      |Occupational                                                     |<br>
|    |      |Health and Safety Amendment (Application to Mining Workplaces and|<br>
|    |      |Coal                                                             |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (National Code of       |<br>
|    |      |Practice and National Standard for Licensing) Regulation 2009. LW|<br>
|2009|(443) |28.8.2009.                                                       |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Statute Law (Miscellaneous                                       |<br>
|    |No 106|Provisions) Act (No 2) 2009. Assented to 14.12.2009.             |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Occupational Health and Safety Amendment (Certificates of        |<br>
|2010|(2)   |Competency) Regulation 2010. LW 15.1.2010.                       |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
|    |      |Statute Law (Miscellaneous Provisions)                           |<br>
|    |No 59 |Act 2010. Assented to 28.6.2010.                                 |<br>
|    |      |                                                                 |<br>
|_____________________________________________________________________________|<br>
Table of amendments<br>
<br>
 _____________________________________________________________________________<br>
|                                      |Am 2005 (531), Sch 1 [1]–[3]; 2007  |<br>
|Cl 3                                  |No 27, Sch 4.20; 2008 (193), Sch 1    |<br>
|_____________________________________________________________________________|<br>
|                                      |Am 19.12.2003; 14.5.2004; 2006 (793), |<br>
|Cl 4                                  |Sch 1 [1]; 2008 (193), Sch 1 [6]�?  |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 9                                  |Am 2005 (531), Sch 1 [4]; 2008 (193), |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 30                                 |Am 22.8.2003; 2008 (193), Sch 1 [15]  |<br>
|_____________________________________________________________________________|<br>
|Cl 31                                 |Am 2005 No 100, Sch 3.11 [1]; 2008    |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 33                                 |Am 2004 No 4, Sch 4.12; 20.8.2004;    |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 65                                 |Am 2006 (216), Sch 1 [3]; 2006 (272), |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|                                      |Am 2005 (531), Sch 1 [6] [7]; 2007 No |<br>
|Cl 82                                 |27, Sch 1.31; 2008 (193), Sch 1       |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 98                                 |Am 2008 (193), Schs 1 [32] [33], 2    |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 120                                |Am 2008 (193), Schs 1 [77]–[80], 2  |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 127                                |Am 2008 (193), Schs 1 [81]–[83], 2  |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 134                                |Am 2008 (193), Schs 1 [86], 2 [16]    |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 150                                |Am 2005 (531), Sch 1 [14] [15]; 2005  |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 164                                |Am 19.12.2003; 2008 (193), Sch 1 [92] |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 167                                |Am 2005 (531), Sch 1 [17] [18]; 2008  |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 174                                |Am 2005 (531), Sch 1 [19]; 2008 (193),|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 174E                               |Ins 2005 (531), Sch 1 [20]. Am 2008   |<br>
|_____________________________________________________________________________|<br>
|Chapter 6A, Part 6A.2, Divs 1, 2 (cll |Ins 2005 (531), Sch 1 [20].           |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Chapter 6A, Part 6A.3, Divs 1, 2 (cll |Ins 2005 (531), Sch 1 [20].           |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Chapter 6A, Part 6A.3, Div 3, Subdivs |Ins 2005 (531), Sch 1 [20].           |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 174ZL                              |Ins 2005 (531), Sch 1 [20]. Am 2008   |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 174ZN                              |Ins 2005 (531), Sch 1 [20]. Am 2005 No|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 174ZO                              |Ins 2005 (531), Sch 1 [20]. Am 2008   |<br>
|_____________________________________________________________________________|<br>
|Cl 174ZP                              |Ins 2005 (531), Sch 1 [20]. Am 2008   |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 174ZR                              |Ins 2005 (531), Sch 1 [20]. Am 2008   |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 174ZS                              |Ins 2005 (531), Sch 1 [20]. Am 2008   |<br>
|_____________________________________________________________________________|<br>
|Chapter 6A, Part 6A.3, Div 3, Subdiv  |Ins 2005 (531), Sch 1 [20].           |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 174ZW                              |Ins 2005 (531), Sch 1 [20]. Am 2005 No|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Chapter 6A, Part 6A.5 (cll            |Ins 2005 (531), Sch 1 [20].           |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 175                                |Ins 2008 (271), Sch 1 [1]. Am 2008    |<br>
|_____________________________________________________________________________|<br>
|Cl 175A                               |Ins 2008 (271), Sch 1 [1]. Am 2008    |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Chapter 6B, Parts 6B.2�?B.8 (cll    |Ins 2008 (271), Sch 1 [1].            |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|                                      |Am 19.3.2004; 2005 No 100, Sch 3.11   |<br>
|Cl 212                                |[2]; 2008 (193), Sch 2 [26]; 2009     |<br>
|_____________________________________________________________________________|<br>
|Cl 212A                               |Ins 2008 (193), Sch 1 [113]. Am 2009  |<br>
|_____________________________________________________________________________|<br>
|                                      |Am 19.3.2004; 2006 (197), cl 2; 2006  |<br>
|Cl 213                                |(521), Sch 1 [1]; 2009 (443), Sch 1   |<br>
|_____________________________________________________________________________|<br>
|                                      |Am 19.3.2004; 2006 (197), cl 2; 2006  |<br>
|Cl 214                                |(521), Sch 1 [2]; 2009 (443), Sch 1   |<br>
|_____________________________________________________________________________|<br>
|                                      |Ins 19.3.2004. Am 2006 (197), cl 2;   |<br>
|Cl 215A                               |2006 (521), Sch 1 [3]; 2009 (443), Sch|<br>
|_____________________________________________________________________________|<br>
|Cl 216                                |Am 2008 (193), Sch 2 [27]. Subst 2009 |<br>
|_____________________________________________________________________________|<br>
|                                      |Am 19.3.2004; 28.5.2004; 2005 No 100, |<br>
|Cl 217                                |Sch 3.11 [3] [4]. Subst 2009 (443),   |<br>
|_____________________________________________________________________________|<br>
|                                      |Ins 19.3.2004. Am 17.12.2004; 2008    |<br>
|Cl 217A                               |(193), Sch 2 [28] [29]. Rep 2009      |<br>
|_____________________________________________________________________________|<br>
|                                      |Am 28.5.2004; 2005 No 100, Sch 3.11   |<br>
|Cl 218                                |[3] [4]; 2008 (193), Sch 1 [114].     |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 220                                |Am 19.3.2004; 2009 (443), Sch 1 [8]   |<br>
|_____________________________________________________________________________|<br>
|Cl 220A                               |Ins 19.3.2004. Subst 2009 (443), Sch 1|<br>
|_____________________________________________________________________________|<br>
|Cl 220B                               |Ins 19.3.2004. Am 2009 (443), Sch 1   |<br>
|_____________________________________________________________________________|<br>
|Cl 220C                               |Ins 19.3.2004. Am 2009 (443), Sch 1   |<br>
|_____________________________________________________________________________|<br>
|Cl 221                                |Rep 19.3.2004. Ins 28.5.2004. Subst   |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 261                                |Am 2008 (140), Sch 1 [4]; 2010 No 59, |<br>
|_____________________________________________________________________________|<br>
|Part 9.1A, Divs 1�? (cll            |Ins 2009 (443), Sch 1 [17].           |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 265                                |Am 11.2.2005; 2005 No 100, Sch 3.11   |<br>
|_____________________________________________________________________________|<br>
|Cl 266                                |Am 11.2.2005; 2009 (443), Sch 1 [20]  |<br>
|_____________________________________________________________________________|<br>
|Cl 267                                |Am 2008 (193), Sch 1 [117]; 2009      |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 279                                |Am 19.3.2004. Rep 2009 (443), Sch 1   |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 287A                               |Ins 19.3.2004. Am 2004 No 55, Sch 2.25|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 291                                |Am 2006 (520), Sch 1 [4]. Rep 2009    |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|                                      |Am 19.3.2004. Subst 2006 (520), Sch 1 |<br>
|Cl 293                                |[5]. Am 2007 (528), Sch 1 [4] [5].    |<br>
|_____________________________________________________________________________|<br>
|Cl 293A                               |Ins 19.3.2004. Subst 2006 (520), Sch 1|<br>
|_____________________________________________________________________________|<br>
|Cl 296                                |Am 19.12.2003; 19.3.2004; 2007 (528), |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 299A                               |Ins 2008 (193), Sch 1 [118]. Rep 2010 |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 311                                |Am 19.3.2004; 2008 (193), Sch 2 [30]  |<br>
|_____________________________________________________________________________|<br>
|Cl 311A                               |Ins 19.3.2004. Rep 2010 (2), Sch 1    |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 317                                |Am 2007 (216), Sch 1 [1] [2]; 2008    |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 330                                |Am 2008 (140), Sch 1 [12]. Rep 2008   |<br>
|_____________________________________________________________________________|<br>
|Chapter 10A, Parts 10A.1�?0A.4 (cll |Ins 2008 (361), Sch 1.                |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|                                      |Am 22.8.2003; 2005 (531), Sch 1 [22]; |<br>
|Cl 341                                |2008 (193), Sch 1 [121]; 2008 (271),  |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 345                                |Am 2008 (140), Sch 1 [14]; 2008 (193),|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|                                      |Am 2008 (271), Sch 1 [5] [6]. Subst   |<br>
|Cl 351                                |2008 (193), Sch 1 [133]. Am 2008      |<br>
|                                      |(389), Sch 1 [4] [5]; 2009 (443), Sch |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Cl 356                                |Am 19.3.2004; 2005 (531), Sch 1 [23]; |<br>
|_____________________________________________________________________________|<br>
|                                      |Subst 14.5.2004. Am 2006 (793), Sch 1 |<br>
|Cl 357                                |[2] [3]. Subst 2008 (193), Sch 1      |<br>
|_____________________________________________________________________________|<br>
|                                      |Subst 14.5.2004. Am 2005 No 34, Sch 3;|<br>
|                                      |2006 (793), Sch 1 [4] [5]; 2007 (508),|<br>
|Cl 358                                |Sch 1 [1] [2]; 2008 (193), Sch 1      |<br>
|                                      |[135]–[137]; 2010 No 59, Sch 2.68   |<br>
|_____________________________________________________________________________|<br>
|                                      |Ins 2006 (793), Sch 1 [6]. Am 2008    |<br>
|Cl 358A                               |(193), Sch 1 [138]; 2010 No 59, Sch   |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
|Sch 1                                 |Am 2003 No 82, Sch 2.21; 2008 (193),  |<br>
|_____________________________________________________________________________|<br>
|                                      |Am 11.1.2002; 22.8.2003; 19.3.2004;   |<br>
|Sch 2                                 |2005 (205), Sch 1 [1] [2]; 2005 (531),|<br>
|_____________________________________________________________________________|<br>
|                                      |Ins 19.12.2003. Am 2004 No 55, Sch    |<br>
|Sch 3                                 |2.25 [2]; 2005 (531), Sch 1 [25]; 2010|<br>
|_____________________________________________________________________________|<br>
|                                      |Ins 14.5.2004. Am 2005 (531), Sch 1   |<br>
|Sch 4                                 |[26]. Subst 2006 (793), Sch 1 [7]. Rep|<br>
|_____________________________________________________________________________|<br>
|Sch 4A                                |Ins 2006 (793), Sch 1 [8]. Rep 2008   |<br>
|_____________________________________________________________________________|<br>
|_____________________________________________________________________________|<br>
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<td width="100%" valign="top"><strong>ALL PAGES On Chemical Property IN THIS GROUP</strong>
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</td><td valign="top" nowrap><font face="arial" size="2" color="#000000">24448-20-2 3006-93-7 80-15-9 27813-02-1 112945-52-5 114-83-0 613-48-9 110-16-7 81-07-2 </font></td></tr></table></td></tr></table>

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