PETROLEUM (OCCUPATIONAL HEALTH AND SAFETY) REGULATIONS (Repealed)

This reprint shows the Regulations as in force at 16 September 2009. Any amendments that commence after that date are not included.

These Regulations may be cited as the Petroleum (Occupational Health and Safety) Regulations.

abrasive blasting means the cleaning, smoothing, roughing or removing of part of the surface of an object by the use of abrasive material propelled by a blast of compressed air, water or steam or by a wheel.

abrasive material means a substance, including sand, metal shot, metal grit or slag, used or intended to be used as an abrasive for abrasive blasting.

access platform means a platform used or intended to be used only to provide access to a person or material, or both, to or from a place of work.

airborne contaminant means a substance that is not a normal constituent in air, or any substance which is present at a level greater than that normally occurring in air.

AS followed by a designation means the standard having that designation approved for publication on behalf of Standards Australia International Limited (A.C.N. 087 326 690) or the Standards Association of Australia as constituted before 1 July 1999.

asbestos means the fibrous form of mineral silicates belonging to the serpentine and amphibole groups of rock forming minerals and includes actinolite, amosite (brown asbestos), anthophyllite, crocidolite (blue asbestos), chrysotile (white asbestos), tremolite and any substance containing one or more of these.

biological monitoring means the measurement and evaluation of hazardous substances or their metabolites in the body tissues, fluids or exhaled air of an exposed person.

blasting chamber means a structure in which at least one person is present while engaged in abrasive blasting.

blasting enclosure means a structure used for abrasive blasting into which entry is not required during blasting.

boiler means a vessel or arrangement of vessels and interconnecting parts, in which steam or other vapour is generated, or water or other liquid is heated at a pressure above that of the atmosphere, by the application of fire, the products of combustion, electrical power or similar means, and includes valves, gauges, fittings, controls, the boiler setting and directly associated equipment, but does not include a fully flooded or pressurised system where water or other liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the water or other liquid, and, for the purposes of Part 3 and Schedule 2, does not include those parts after the first connection point after the first valve or valve assembly, a vessel where the design is such that it may operate deprived of all liquid or vapour that is intended to be heated without affecting the structure or operation of the vessel and a direct-fired process vessel.

BS followed by a designation refers to the British Standard having that designation that is published by the British Standards Institute.

building maintenance equipment means a suspended platform and associated equipment that incorporates permanently installed overhead supports to provide access to the faces of a building for maintenance and includes a building maintenance unit and a swing stage but does not include a suspended scaffold.

building maintenance unit means a power operated suspended platform and associated equipment on a building specifically designed to provide permanent access to the faces of the building for maintenance.

caisson means a casing or similar structure used to provide a passageway below ground level or through water.

certificate of inspection means a certificate of inspection issued under regulation 89 and includes a current certificate of inspection (by whatever name called) for an item of designated plant issued under a law of the Commonwealth, a State or another Territory of the Commonwealth relating to occupational health and safety.

cofferdam means a temporary wall structure erected for the purpose of excluding water from a workplace which is normally under water.

competent person means a person who is suitably qualified (whether by experience, training or both) to perform the work or function described in the relevant regulation.

(i) have an atmosphere that contains potentially harmful levels of contaminants;

construction work means construction, digging, filling, erection, installation, addition to, alteration, forming up, repair, maintenance, cleaning, painting, renewal, removal, dismantling or demolition of a building, structure or excavation.

crane means an appliance intended for raising or lowering a load and moving it horizontally and includes the supporting structure of the appliance and its foundations but does not include an industrial lift truck, earthmoving machinery, a tractor, an industrial robot, a conveyor, building maintenance equipment, a suspended scaffold or a lift.

demolition means the complete or partial dismantling of a building or structure by pre-planned and controlled methods and procedures.

design verifier means the Work Health Authority or a competent person registered by the Authority, or by a body acceptable to the Authority, for the purpose of verifying the design of designated plant.

direct-fired process vessel means an arrangement of tubes comprising one or more coils located in the radiant zone or convection zone (or both) of a combustion chamber, the prime purpose of which is to raise the temperature of a process fluid that is circulated through the coils, to allow distillation, fractionation, reaction or other petrochemical process of that process fluid.

dry abrasive blasting means abrasive blasting conducted without the addition of water to the abrasive material or its propellant.

escalator means a power-driven inclined continuous stairway used for raising or lowering passengers.

formwork means the surface, supports and framing used to define the shape of concrete until it is self supporting.

gantry means a structure having a platform to provide overhead protection.

hazard means an agent or situation capable of potentially injuring or compromising the health and safety of a person or causing damage to plant or premises.

(b) has been classified as a hazardous substance by the manufacturer or importer in accordance with NOHSC:1008.

health surveillance means the monitoring of persons for the purpose of identifying changes in health status due to occupational exposure to a hazard, and includes biological monitoring.

hoist means a machine intended for raising, lowering or moving a guided load.

industrial truck means an item of mobile plant equipped with an elevating load carriage to which is normally attached fork arms or other load-holding attachments.

inspector of designated plant means the Work Health Authority or a person or an organisation, registered under regulation 33 of the Workplace Health and Safety Regulations.

label means a set of information on a container that identifies the substance in the container, identifies whether the substance is hazardous and provides basic information about the safe use and handling of the substance.

licence means a licence granted under regulation 17 of the Workplace Health and Safety Regulations or a licence (by whatever name called) issued in accordance with NOHSC: 1006 under a law in force in the Commonwealth, a State or another Territory of the Commonwealth relating to occupational health and safety.

lift means an apparatus or contrivance within or attached to a building or structure comprising a platform or car in which the direction of movement is restricted by a guide or guides, and which is used for the purpose of raising or lowering passengers, goods or materials, and includes the supporting structure, machinery, equipment and gear used in connection with such an apparatus or contrivance.

lifting gear includes a rope, chain, coupling, fastening, fitting, hoist, block, stay, pulley, hanger, sling, brace and moveable contrivance of a similar kind used or intended to be used in connection with lifting or moving a load.

manual handling means an activity requiring the use of force exerted by a person to lift, lower, push, pull, carry or otherwise move, hold or restrain an animate or inanimate object.

material safety data sheet means a document that describes the properties and uses of a hazardous substance and includes its identity, chemical and physical properties, health hazard information and precautions for its use and safe handling.

monitoring means to survey regularly all measures used to control hazards in a workplace and includes the measurement of airborne contaminants but does not include biological monitoring.

moving walk means a power driven device on which passengers may stand or walk and of which the passenger carrying surface remains parallel to its direction of motion and is uninterrupted.

NICNAS summary report means a summary report as defined in the Industrial Chemicals (Notification and Assessment) Act 1989 of the Commonwealth.

NOHSC followed by a designation refers to a publication of the National Occupational Health and Safety Commission having that designation.

(a) a workplace or other premises, means the person or persons whose property it is, whether jointly or severally; or

(b) plant or a substance, means the person whose property it is, or, if some other person has control, charge or management of it, that other person.

portable electrical equipment means electrical equipment (including a cord extension lead) that is intended to be carried or moved while connected to an electricity supply.

pressure equipment means a boiler, pressure vessel, pressure piping or gas cylinder.

pressure piping means an assembly of pipes, pipe fittings, valves and pipe accessories subject to internal or external pressure and used to contain or convey fluid or to transmit fluid pressure and includes a distribution header, bolting, gasket and a pressure-retaining accessory.

pressure vessel means a vessel subject to internal or external pressure and includes interconnecting parts and components, valves, gauges and other fittings up to the first point of connection to connected piping, but does not include a boiler or a gas cylinder.

public place means a place to which the public has its own right to resort whether or not on payment of money or other consideration and includes a public roadway.

radiation means energy emitted or transmitted as particles or electromagnetic waves.

record means a collection of information in a permanent form and includes written information or information stored in a computerised database.

(a) a design, means registered under regulation 90 of the Workplace Health and Safety Regulations; or

(b) designated plant, means registered under regulation 95 Workplace Health and Safety Regulations.

repair, in relation to plant, means the work necessary to restore the plant to a safe and satisfactory operating condition, providing there is no deviation from the original design or the registered design, as the case may be, but does not include normal maintenance.

residual current device means a device, as specified in AS 3190, intended to isolate supply to protected circuits, socket outlets or equipment in the event of a current flow to earth which exceeds a predetermined value.

retailer means a person who sells articles or substances to the public who themselves are not engaged in any further resale of the article or substance.

retail warehouse operator means a person who operates a warehouse in which unopened packaged goods, intended for retail sale, are held.

rigging means work involving the movement, placing or securing of plant, equipment or members of a building or structure, to ensure stability, using mechanical load shifting equipment and associated gear.

risk means the probability that a hazard's potential to cause injury or compromise the health and safety of a person or to cause damage to plant or premises may become actual.

scaffold means a temporary structure specifically erected to support an access platform or working platform and includes a public stand constructed of scaffold components.

(b) paint, enamel, varnish, shellac or liquid containing nitrocellulose, or a mixture of those materials; or

supplier, in relation to a substance used at a workplace, means a person who imports, manufactures, wholesales or distributes the substance, but does not include a retailer.

training provider means a person or organisation registered under regulation 27 of the Workplace Health and Safety Regulations.

use, in relation to a substance, includes the production, handling, storage, transport or disposal of the substance.

wet abrasive blasting means abrasive blasting conducted with the addition of water to the abrasive material or its propellant or cleaning of an object using water that is pressurized.

wet blasting inhibitor means a substance added to water used in wet abrasive blasting to reduce the susceptibility of the cleaned surface to flash corrosion.

work box means a personnel carrying device designed to be suspended from a crane and to provide a working area for persons elevated in and working from the box.

Work Health Authority means the Work Health Authority that continues under section 7 of the Workplace Health and Safety Act.

working platform, in relation to scaffold, means a platform to support a person or materials, or equipment to be used by the person.

(2) If a document, standard, rule or specification adopted by these Regulations adopts by way of reference any other document, standard, rule or specification or any part thereof, then that document, standard, rule or specification or part thereof, is to be taken to be adopted by these Regulations to the extent necessary to give full force and effect to the first-mentioned document, standard, rule or specification.

(3) A reference in a document, standard, rule or specification referred to in these Regulations to the statutory authority or a regulatory authority, or to a similar body, is to be construed as a reference to the Minister.

(4) If a document, standard, rule or specification adopted by these Regulations is inconsistent with these Regulations, the Regulations prevail and the document, standard, rule or specification is, to the extent of the inconsistency, of no force or effect.

(5) If a document, standard, rule or specification adopted by these Regulations is inconsistent with another document, standard, rule or specification so adopted, the document, standard, rule or specification that prevails is to be determined by the Minister.

(6) If the design of plant is required to comply with a document, standard, rule or specification at the time of manufacture of the plant, the document, standard, rule or specification continues to apply, without amendment to the plant, until:

(a) the plant requires alteration, repair or relocation at which time the Work Health Authority may direct the owner that the plant be modified to comply with the document, standard, rule or specification as then in force; or

An employer must ensure that these Regulations are complied with in respect of the health and safety of the workers of the employer and of any other person who could be adversely affected by the performance of work by workers at the workplace.

(b) before starting to perform work, ensure that neither the worker nor any other person will be endangered by the work performed by the worker;

(c) report to a person in charge at the workplace or the worker's employer a situation which the worker has reason to believe may present a risk to the health and safety of workers or other persons at the workplace;

(d) report to a person in charge at the workplace or the worker's employer an accident or occurrence affecting the health and safety of workers or other persons at the workplace; and

(e) not tamper with a valve, fitting, control, guard, safety device or system of plant so as to interfere with its proper, safe and efficient working.

A self-employed person at a workplace must, in respect of his or her own health and safety and the health and safety of any other person who could be adversely affected by work performed by the self-employed person, ensure compliance with these Regulations.

The occupier of a workplace must, insofar as is relevant to the health and safety of workers and other persons at the workplace, ensure compliance with a regulation that relates to:

The owner of a workplace must, insofar as is relevant to the health and safety of workers and other persons at the workplace, ensure compliance with a regulation that relates to:

(b) to the extent that a fixture or fitting in the workplace is under the control of the owner, the provision and maintenance of the fixture or fitting at the workplace.

(a) insofar as is relevant to the health and safety of workers and other persons at the workplace, ensure that the design of the plant or structure complies with these Regulations; and

(b) ensure the plant or structure is designed to minimise the risk to the health and safety of workers and other persons at or in proximity to the workplace.

(1) A person who manufactures plant, substances or materials for use at a workplace, or material to be used for the purpose of a structure to be erected at a workplace, must, insofar as is relevant to the plant, substance or material, ensure compliance with a regulation that relates to:

the responsibilities placed on the designer by these Regulations are to be taken to be the responsibilities of the person who manufactures the plant.

(1) A person who imports or supplies plant, substances or materials for use at a workplace, or material to be used for the purpose of a structure to be erected at a workplace, must, insofar as is relevant to the plant, substance or material, ensure compliance with a regulation that relates to:

(a) the requirements to be complied with in relation to the importing or supply of the plant, substance or material;

(a) a person imports or supplies plant, substances or materials for use at a workplace; and

(b) the plant, substances or materials were designed or manufactured by a person outside the Territory,

the responsibilities placed on the designer or manufacturer by these Regulations are to be taken to be the responsibilities of the person who imports or supplies the plant substances or materials.

(3) If a person supplies plant for use at a workplace under a hiring or leasing arrangement, the responsibilities placed on the owner of such plant by these Regulations are to be taken to be placed on the person who supplies the plant.

(a) insofar as is relevant to the plant or structure, ensure compliance with a regulation that relates to the integrity of the plant or structure; and

(b) ensure that the erection or installation is performed in a manner that avoids damage to the plant that may create a risk to the health and safety of workers and other persons at the workplace.

The owner of plant at a workplace must, insofar as is relevant to the plant, ensure compliance with a regulation that relates to:

(c) the provision of information relating to the installation, commissioning, use, maintenance, repair, testing, de-commissioning, dismantling or disposal of the plant.

If more than one person is under an obligation to comply with a regulation, each person must comply with the regulation to its full extent and without regard to the fact that another person is also under an obligation to comply with the regulation.

of a type specified in column 1 of Schedule 2 unless the person is the holder of a licence specified opposite in column 2 of the Schedule.

perform work for which a licence is required if that person is performing the work under the supervision of a person who is the holder of a licence to perform the work.

(2) Subregulation (1) does not permit a person whose licence has been cancelled or suspended to perform work for which the licence was required.

(3) A person supervising a person under subregulation (1) is directly responsible for the actions of the person while the person is performing work under the subregulation.

(4) Despite subregulation (1), a person is not to perform work, or be employed to perform work, of a type for which a licence specified in Part 1 or 2 of Schedule 3 is required for longer than is reasonably necessary for the person to gain training sufficient to obtain a licence to perform the type of work.

(5) A person who performs work under this regulation for the purpose of gaining training in that type of work must keep a record containing:

(a) the name and licence number of each person under whose supervision the person performs work under subregulation (1); and

(b) details of all work performed and the length of time spent performing the work as verified by the person under whose supervision the work was performed.

(6) When a person who performs work under subregulation (1) applies for a licence to perform that type of work, the record maintained under subregulation (5) is to accompany the person's application for the licence.

(2) Subregulation (1) does not apply to a training provider providing approved training.

(1) A person must not commence work of a type specified in Schedule 4 or permit such work to be commenced unless the Minister is notified.

(b) given not later than 7 days before the date on which the work is to commence.

A person who is required to comply with a provision of these Regulations must have regard to any codes of practice that are approved, adopted or issued under a law in force in the Territory and that relate to the person's obligation under the provision.

For the purposes of section 89B(3) of the Act, all employers are prescribed employers and must comply with a regulation that relates to a matter specified in that subsection.

(1) An employer, in implementing these Regulations, must ensure that appropriate measures are undertaken to identify all hazards from work that may affect the health and safety of workers and any other person who could be affected by the work.

(2) If a hazard is identified under subregulation (1), an employer must ensure that an assessment is made of the risk associated with the hazard.

(3) Without limiting subregulations (1) and (2), the identification of hazards and the assessment of risks is to be undertaken:

(a) before the introduction of any plant or substance for the first time at a workplace;

(c) when there is a change in the type of work, work practices or plant at a workplace that may result in an increased risk to the health and safety of a worker or other person at the workplace; or

(d) when information becomes available concerning work, work practices, plant or substances at a workplace that may impact on the health and safety of a worker or other person at the workplace.

(4) An assessment by an employer of a representative example of specific work or circumstances constitutes an assessment under this regulation for all similar work or circumstances which occur at the workplace or other workplaces at which a worker of the employer works.

(5) If an assessment under this regulation indicates that there is a significant risk to the health and safety of a worker or other person, steps to be taken to meet the requirements of these Regulations are to be identified.

(6) An assessment under this regulation is to be revised when there is evidence to indicate that it is no longer valid or, in any case, at intervals not longer than 5 years.

(a) if the assessment relates to exposure of a worker to a hazardous substance and the assessment indicates a requirement for health surveillance or for monitoring of the worker's exposure to the substance – for a period of 30 years after the last review; and

(8) An employer must make a record kept under subregulation (7) available, on request, to a worker who is or may be exposed to a risk to which the record relates.

(1) An employer must ensure that a worker's exposure to a hazard at a workplace is controlled to minimise the risk to the health and safety of the worker.

(2) If there is a need under subregulation (1) to control a worker's exposure to a hazard, the control is to be achieved, as far as practicable, through the progressive application of one or more of the following measures:

(e) the control of the hazard by administrative means, including the adoption of safe working practices;

An employer must ensure that a measure applied under regulation 21 is properly used, maintained and supervised.

(1) An employer must ensure that monitoring of a hazard at a workplace is undertaken:

(a) if an assessment under regulation 20 indicates that monitoring of a worker's exposure to the hazard is required; and

(b) to ensure that measures applied under regulation 21 are operating effectively and providing an appropriate level of control.

(2) Monitoring under subregulation (1) is to be undertaken by a competent person.

(3) An employer must keep a record of the results of monitoring under this regulation:

(a) relating to the exposure of a worker to a hazardous substance – for a period of 30 years from the date of the last monitoring; or

(b) in any other case – for a period of 5 years from the date of the last monitoring unless otherwise specified in these Regulations.

(4) An employer must ensure that a worker with the potential for exposure to a hazardous substance, which is subject to monitoring, is provided with the results of the monitoring and that records of the monitoring are readily accessible to the worker.

(a) if an assessment under regulation 20 indicates that health surveillance of the worker is required; or

(2) Health surveillance under subregulation (1) is to be provided, at the expense of the employer, by a competent person trained to test and examine persons exposed to the hazard to which the worker is exposed.

(3) As soon as practicable after a worker is tested or examined under this regulation, the competent person must:

(a) notify the employer and the worker of the results of the health surveillance and, if necessary, provide an explanation of those results; and

(4) An employer advised under subregulation (3)(b) must, as soon as practicable, revise an assessment of the worker's exposure to the hazard and implement control measures required under regulation 21.

(5) An employer must keep a record of health surveillance results obtained under this regulation:

(a) in relation to exposure to a hazardous substance – for a period of 30 years; or

(b) in any other case – for the period that the worker remains employed by the employer.

(6) The results of health surveillance provided under this regulation are not to be disclosed to another person without the written permission of the worker.

(1) An employer must ensure that a worker receives sufficient information, instruction and training in the work that the worker may be required to perform to enable the worker to perform the work without risk to the health and safety of the worker or any other person.

(2) The information, instruction and training to be provided under subregulation (1) is to be determined according to the nature of the risk associated with the work to be performed by the worker and the competency of the worker, and is to be provided in a manner appropriate to the workplace.

(a) information, instruction and training provided under subregulation (1) is reviewed and revised at regular intervals; and

(b) a record is kept of the information, instruction and training provided to a worker.

(1) An employer must, in implementing these Regulations at a workplace, consult with:

(a) the health and safety committee, if any, established under the Act for the workplace; and

(a) address the identification, assessment and control of risks to the health and safety of the workers at the workplace; and

(b) involve the sharing of information and the exchange of views between the employer and the workers at the workplace so as to provide a genuine opportunity for the workers to contribute to the decision making process.

(1) A person required to keep a record under these Regulations must, on request, make the record available to the Minister for inspection.

(2) A person must not make a false or misleading entry in a record required to be kept under these Regulations.

(1) The following accidents and occurrences at a workplace are prescribed accidents and occurrences for the purposes of section 89ZF of the Act:

(b) an accident or occurrence that causes or, on the basis of medical advice, appears likely to cause a worker to be absent from work for 5 or more working days;

(d) an accident or occurrence where a worker is injured and admitted to hospital as an in-patient following exposure to a hazardous substance;

(e) an accident or occurrence where a person, other than a worker, is injured as a result of a workplace activity or by designated plant;

(f) an accident or occurrence involving the collapse, overturning or failure of a load bearing part of a lift, crane, hoist, lifting gear or scaffolding;

(h) an accident or occurrence involving the collapse of shoring or an excavation that is more than 1.5 metres deep;

(i) an accident or occurrence involving the unplanned collapse of a building or structure or part of a building or structure;

(j) an accident or occurrence involving an explosion or fire that results in designated plant being inoperative, or normal work being suspended, for more than 24 hours;

(k) an accident or occurrence involving an unplanned contact between plant and a live electrical conductor;

(l) an accident or occurrence involving a malfunction or failure of personal protective equipment that affects the health and safety of a person.

(a) subregulation (1)(a), (b), (c), (d), (h), (k) and (l) is to be given by the employer at the workplace;

(b) subregulation (1)(e), (i) and (j) is to be given by the occupier of the workplace; and

(c) subregulation (1)(f) and (g) is to be given by the owner of the scaffolding, lift, crane, hoist, gear or pressure equipment involved in the occurrence.

(3) Notice of an accident or occurrence referred to in subregulation (1) is to be given:

(i) in the case of an accident referred to in subregulation (1)(b) – as soon as practicable after the employer is aware the worker will be absent from work for 5 or more working days; or

(b) to the Minister in writing, not later than 7 days after the accident or occurrence.

(e) the cause, nature and extent of injuries sustained by persons who were injured;

(h) particulars of plant involved in the accident or occurrence and the damage, if any, to the plant;

(j) details of action taken or proposed to be taken to prevent a similar accident or occurrence.

(1) The owner or occupier of a workplace must provide and maintain a means of access to and egress from the workplace that:

(a) enables a worker at the workplace to move safely throughout the workplace in the performance of the worker's normal duties;

(2) An employer must ensure that the means of access to a place at a workplace where a worker is likely to pass through or be required to work in is kept free of obstructions so that access is readily available at all times.

(3) The owner or occupier of a workplace must ensure that the location of emergency means of access to and egress from the workplace are identified with appropriate signs in accordance with AS 1319.

(4) An employer must develop an evacuation procedure to be followed in the event of a fire or emergency at a workplace and must ensure that the evacuation procedure is practised at reasonable intervals and a record is kept of the practices.

and there is a reasonable likelihood that the worker could be injured if he or she were to fall, then protection against the fall is to be provided:

(g) by the provision of secure fences, edge protection, working platforms, covers or other forms of safeguarding; or

(h) if the protection provided by paragraphs (f) or (g) is not practicable – by the provision and maintenance of safe systems of work.

(2) Safeguarding provided for the purposes of subregulation (1)(g) is to be kept in good condition and is not to be removed while work is being performed except, so far as is necessary, to allow access or egress of a person or the shifting of plant or material.

An employer must, as far as is practicable, provide a worker with sufficient space in which to work so that the health and safety of the worker or any other person at the workplace is not at risk.

A workplace is to be kept in a clean condition, free from accumulation of debris and maintained in a condition so as to avoid any hazard to the health and safety of a worker at the workplace.

(1) An employer must ensure safety signs are displayed at a workplace where an area at the workplace contains a hazard which may not be readily apparent to a worker working in or entering the area.

A floor at a workplace is, as far as is practicable, to be slip resistant and free from an obstruction that may cause a worker to trip or fall.

(1) An employer must provide and maintain at a workplace first aid equipment and first aid amenities for use by workers at the workplace.

(2) In determining first aid equipment and amenities to be provided under subregulation (1), an employer must have regard to the location of, the number of workers at, and the type of work performed at, the workplace.

(3) An employer must ensure, where practicable, that a person trained in first aid treatment is present at a workplace at all times when work is being performed.

(4) The level of training that a person referred to in subregulation (3) is to have is to be determined by the equipment and amenities provided under subregulation (1).

(5) First aid equipment and amenities provided under subregulation (1) are to be located where they are readily accessible and available for use, and the location is to be identified by signs complying with AS 1319.

(1) If, because of the work being performed by a worker at a workplace, there is a risk of fire, the employer must ensure that fire control equipment is provided of a type and capacity suitable to control any fire that may occur at the workplace.

(2) An employer who provides fire control equipment under subregulation (1) must ensure that it is regularly inspected and maintained and a record is kept of each inspection and any maintenance performed on the equipment.

(a) ensure that a supply of drinkable water is available at a workplace for use by a worker;

(b) provide sanitary, washing, changing, rest and eating amenities and facilities at a workplace if the health and safety of a worker is at risk if such facilities are not provided; and

(c) ensure that the amenities and facilities provided under paragraph (b) are maintained in a clean condition at all times.

An employer must ensure that a worker is not exposed to concentrations of airborne contaminants at a workplace:

(1) An employer must ensure that a worker is not exposed at a workplace to noise exceeding:

(a) an 8 hour equivalent continuous A-weighted sound pressure level, L_Aeq,8h, of 85 dB(A) as determined; or

(2) For the purposes of subregulation (1), exposure to noise is taken to be that measured at the worker's ear position without taking into account any protection that may be afforded by hearing protection equipment.

(1) An employer must ensure that an area at a workplace where a worker is required to perform work or to pass through has a level of lighting that permits the work to be performed or the worker to pass through without risk to the health and safety of the worker.

(2) The occupier of a workplace in which emergency lighting is installed must ensure that the emergency lighting is maintained in accordance with AS 2293.

such that there is a risk to the health and safety of the worker, the employer must ensure that measures are taken to protect the health and safety of the worker.

(a) work practices at a workplace involving manual handling are designed and implemented to be without risk to the health and safety of a worker;

(b) a workplace is designed to ensure that manual handling tasks can be undertaken without risk to the health and safety of a worker; and

(c) plant, equipment, containers or material required to be manually handled at a workplace are designed, constructed and maintained so as to be manually handled without risk to the health and safety of a worker required to do so.

(1) An employer must ensure that, as far as practicable, a workplace where a worker is required to perform work is designed, arranged and maintained so that there is no risk to the health and safety of the worker, taking into consideration:

(2) An employer must ensure, if a worker is required to perform repetitive work involving a static component, that the worker is given:

If a person designs, manufactures or supplies a building, structure, plant or equipment that is or contains a confined space, the person must ensure that:

(a) as far as practicable, the design eliminates the need for a person to enter the confined space; and

(i) the design minimises, as far as practicable, the risk to the person entering or working in the confined space; and

(1) An employer must ensure, as far as practicable, that before a person enters a confined space all potentially hazardous services, including process services, normally connected to the confined space are positively isolated in order to prevent:

(a) the introduction of any material, contaminant, agent or condition harmful to a person in the confined space; and

(b) the activation or energising of any equipment or service which may pose a risk to the health and safety of a person in the confined space.

(2) An employer must ensure, as far as practicable, that before a person enters a confined space:

(c) the concentration of any flammable contaminant in the atmosphere of the confined space is below 5% of its lower explosive level; and

(3) If it is not practicable to comply with subregulation (2), an employer must ensure appropriate controls are in place so that there is no risk to the health and safety of a worker entering the confined space.

(4) If a worker is required to enter a confined space an assessment under regulation 20 is to be undertaken before the worker enters the confined space and the employer must provide, maintain and have in place procedures for the use of equipment that is appropriate to the work to be performed, including equipment for:

(5) If an employer is satisfied that work in a confined space can be performed in a safe manner, the employer must, before permitting a worker to enter the confined space, issue an entry permit to the worker.

(6) An entry permit is to be in writing and is to include the precautions and instructions necessary for entry to the confined space and the performance of the work in the confined space.

(1) Electrical installations, materials, equipment and apparatus at a workplace are to be protected and maintained to minimize the risk of electrical shock or fire.

(2) Electrical installations, materials, equipment and apparatus at a workplace are to comply with AS 3000 and AS 3100.

(3) Maintenance work on an electrical installation at a workplace is to be performed by a competent person.

(d) if compliance with paragraph (c) is not practicable – barriers are put in place that will prevent the worker coming into contact with the equipment or apparatus.

(2) If it is not practicable to comply with subregulation (1), work referred to in that subregulation may be performed if a safe system of work is used when the work is performed.

(3) The employer of a worker performing work under subregulation (2) must ensure that the worker is trained in and competent to perform the work.

Electrical installations at a workplace where construction work is being performed are to comply with AS 3012.

(c) electrical equipment where there is a risk that a worker may receive an electric shock due to the manner of use of the equipment or the place in which the equipment is to be used,

(d) the socket outlet final sub-circuit is to be protected by a residual current device permanently installed in the switchboard at which the circuit originates or in a socket outlet located on the circuit so that the equipment is protected; or

(e) the equipment is to be protected by a portable residual current device connected directly to the socket outlet.

(2) A residual current device installed at a workplace is to be kept in a safe working condition and tested on a regular basis by a competent person to ensure its continued effective operation.

(3) The owner of a residual current device tested under subregulation (2) must keep a record of the test while the device remains in operation at the workplace.

(1) A person who manufactures or imports a substance for use at a workplace must determine whether the substance is a hazardous substance in accordance with:

(a) the National Occupational Health and Safety Commission's List of Designated Hazardous Substances; or

(b) the National Occupational Health and Safety Commission's Approved Criteria for Classifying Hazardous Substances.

(2) If a person determines under subregulation (1) that a substance meets the National Occupational Health and Safety Commission's Approved Criteria for Classifying Hazardous Substances and that the substance is not already included in the List of Designated Hazardous Substances, the person must notify the National Occupational Health and Safety Commission.

(b) review and revise the material safety data sheet to keep it up to date at intervals not exceeding 5 years from the date of last issue of the sheet; and

(2) A supplier of a hazardous substance for use at a workplace must ensure that the current material safety data sheet is provided to a person:

(a) on the first occasion that the hazardous substance is supplied to the person; or

(3) A supplier is exempt from subregulation (2)(a) in relation to a hazardous substance that is supplied to a retailer or retail warehouse operator in a consumer package that:

(b) will not be opened on the retailer's or retail warehouse operator's premises; and

(4) A supplier of a hazardous substance for use at a workplace must ensure that all containers of the substance are appropriately labelled.

(5) A supplier of a hazardous substance for use at a workplace must provide to an employer, on request:

(b) any other relevant information, in addition to that contained in the material safety data sheet, which will assist in the safe use of the substance.

A supplier of a hazardous substance for use at a workplace must disclose information in relation to the ingredients of the hazardous substance in accordance with Schedule 5.

(a) obtain a material safety data sheet on the first supply of the hazardous substance to the workplace;

(b) ensure that a material safety data sheet provided by the supplier is available for each hazardous substance used in the workplace and is readily accessible to a worker with potential for exposure to those substances; and

(a) all containers of substances used at a workplace, including those delivered to and those produced at the workplace, are appropriately labelled; and

(b) no person removes, defaces, modifies or alters a label of a substance used at a workplace.

(a) a register is kept and maintained for all hazardous substances used or produced at a workplace;

(b) the register contains, as a minimum, a list of all hazardous substances used or produced at the workplace and the material safety data sheet for those substance; and

(4) If a hazardous substance is decanted into another container for use at a workplace and:

(a) is not used immediately – an employer must ensure that the container is labelled with the product name, and the relevant risk and safety phrases; or

(5) Containers are to remain correctly labelled until cleaned and free of the substance that was placed in them.

(6) An employer must ensure that a hazardous substance contained in an enclosed system, such as a pipe or a piping system or a process or reactor vessel, is identified to persons liable to exposure to the hazardous substance.

(1) A substance specified in column 1 of Schedule 6 is not to be used at a workplace for a purpose specified opposite the substance in column 2 of the Schedule.

(2) An employer may apply to the Minister for an exemption from all or part of the requirements of subregulation (1) and the Minister may, as he or she thinks fit, grant or refuse the application.

An employer must provide health surveillance for a worker who has been identified in an assessment process as being exposed to a hazardous substance if:

(a) there is a risk to the health and safety of the worker from one of the hazardous substances specified in Schedule 7;

(ii) there is a reasonable likelihood that the disease or health effect may occur under the particular conditions of work; and

(iii) there are valid techniques for detecting indications of the disease or health effect; or

(c) there is a valid biological monitoring procedure available and a reasonable likelihood that accepted values might be exceeded.

(1) A carcinogenic substance specified in column 1 of Schedule 8 is not to be used at a workplace for a purpose specified opposite the substance in column 2 of the Schedule unless:

(b) a suitable and sufficient risk assessment of the substance has been carried out; and

(2) Despite regulation 20, a suitable and sufficient assessment of a carcinogenic substance under subregulation (1) is to include:

(a) a review of the current material safety data sheet and other relevant supplementary information which is available; and

(b) an assessment of the specific work involving potential exposure to the substance.

(1) A person who intends to use a carcinogenic substance specified in Schedule 8 for the purpose of bona fide research or analysis in a laboratory must, before using the substance, notify the Minister in writing and provide the Minister with the following information in respect of the intended use:

(f) a statement that the carcinogenic substance will be used for bona fide research or analysis;

(g) justification that elimination and substitution of the substance is not practicable and that the controls in place are the best practicable;

(h) a description of the measures taken to prevent or minimise exposure of persons to the substance and to protect the health of persons.

(2) A person who intends to use a carcinogenic substance specified in Part 2 of Schedule 8 for a purpose other than in a laboratory for bona fide research or analysis must, before using the substance, notify the Minister in writing and provide the Minister with the following information in respect of the intended use:

(e) details of the activity or process using the substance and the reasons for the use;

(h) the name and business address of the person carrying out the assessment required by regulation 56;

(i) justification that elimination and substitution of the substance is not practicable and that the controls in place are the best practicable;

(j) a description of the measures taken to prevent or minimise exposure of persons to the substance and to protect the health of persons.

(3) The Minister may, not later than 60 days after being notified under subregulation (1) or (2), specify in writing the conditions to be complied with by the person in relation to the use of the carcinogenic substance in respect of which notification was given.

(4) A person who intends to use a carcinogenic substance specified in Part 1 of Schedule 8 other than for the purpose of bona fide research or analysis in a laboratory must apply to the Minister in writing for his or her consent to use the substance and provide the Minister with the following information in respect of the intended use:

(a) consent to the use of the carcinogenic substance subject to the conditions, if any, that he or she thinks fit; or

(6) Any significant changes made to information provided under subregulation (1), (2) or (4) are to be notified to the Minister.

(b) there has been a significant change in the use of the carcinogenic substance; or

(8) A notification or consent under this regulation remains in force for the period, not exceeding 5 years, determined by the Minister.

(9) A supplier must not supply a carcinogenic substance specified in Schedule 8 to a person unless the person provides to the supplier evidence that the Minister has been notified, or has consented to the use of the substance, in accordance with this regulation.

(1) An employer must maintain a record of the following information for not less than 30 years after the date of last entry in the record:

(a) a list of each worker (including the full name, date of birth and address while working for the employer) identified as a result of an assessment as having a likelihood of exposure to a carcinogenic substance specified in Schedule 8;

(b) a copy of each notification made to, and each consent granted by, the Minister under regulation 57;

(2) A supplier must maintain a record for not less than 5 years of the following information in respect of the supply of each carcinogenic substance specified in Schedule 8:

(a) a spill or incident that has or is likely to have resulted in a person being exposed to a carcinogenic substance specified in Schedule 8; or

(b) monitoring or health surveillance results which indicate excessive exposure to a carcinogenic substance specified in Schedule 8.

(2) If accidental exposure of a person to a carcinogenic substance specified in Schedule 8 may have occurred, an employer must notify the person as soon as practicable after becoming aware of the possible exposure.

(3) An employer must provide to a worker to whom regulation 57(2)(g) or subregulation (1) or (2) apply, on the worker ceasing employment with the employer, a written statement containing:

(a) the names of the carcinogenic substances specified in Schedule 8 that the worker was potentially exposed to;

(d) information relating to the advisability of having periodical health assessments and the type of tests which are available.

(1) If a workplace is in a building, and the lack of ventilation is such that there may be a risk to the health and safety of a worker at the workplace, the employer must ensure that ventilation is provided.

(2) If mechanical ventilation or air conditioning is installed at a workplace, it is to be operated and maintained in accordance with AS 1668.

(1) An employer must ensure that personal protective equipment is worn by a worker if the equipment is the means by which the worker's exposure to a hazard is to be controlled under regulation 21.

(2) Personal protective equipment worn under subregulation (1) is to be such that, when used correctly, the health and safety of the worker is not at risk because of the hazard.

An employer who provides a worker with personal protective equipment under regulation 61 must ensure that:

(a) the worker is instructed in the correct fitting, use and maintenance of the equipment;

(b) the worker is provided with information on the limitations of the use of the equipment;

An employer must ensure that an area at a workplace where personal protective equipment is required to be worn is identified in accordance with AS 1319.

(a) must wear the equipment at all times and in all areas as required by the worker's employer; and

(2) If personal protective equipment provided to a worker under regulation 61 is damaged or does not function as intended, the worker must notify his or her employer immediately on becoming aware of the damage or defect.

If a worker may be exposed to a hazard at a workplace that may pose a risk of head injury, the employer must provide the worker:

(b) if head protection referred to in paragraph (a) may not protect the worker from the risk of head injury – with other head protection that will protect the worker.

If a worker may be exposed to a hazard at a workplace which may pose a risk of eye injury, the employer must provide the worker:

(b) if eye protection referred to in paragraph (a) may not protect the worker from the risk of eye injury – with other eye protection that will protect the worker.

If a worker may be exposed at a workplace to a noise level exceeding that allowed in regulation 39, the employer must provide the worker with hearing protection equipment complying with AS 1270.

the employer must provide the worker with respiratory protective equipment complying with AS 1716 if no other means of controlling the worker's exposure is practicable.

(2) An employer who provides supplied air respiratory protection equipment under subregulation (1) must ensure that the quality of air supplied in the equipment, and the equipment used to provide the air, complies with AS 1715 and AS 1716.

If a worker may be exposed at a workplace to a hazard that may pose a risk of hand injury, the employer must provide the worker with hand protection that will protect the worker from the risk.

If a worker may be exposed at a workplace to a hazard that may pose a risk of foot injury, the employer must ensure that foot protection is worn by the worker that is appropriate for the work being performed and, if appropriate, complies with AS 2210.

If a worker may be exposed at a workplace to a hazard that may pose a risk to the health and safety of the worker if the hazard were to come in contact with the worker's skin, the employer must ensure suitable protective clothing is worn by the worker.

(1) If a worker at a workplace is required to perform work on a part of a building or structure where there is a risk to the health and safety of the worker if the worker were to fall from the building or structure, the employer must provide a safety belt, harness and lanyard complying with AS 1891, and a safe anchorage to which the safety belt can be attached, if no other means of protecting the worker is practicable.

(2) If cleaning or maintenance work on a building or structure is performed by a worker using equipment referred to in subregulation (1), the employer must ensure that the building or structure has safety belt anchorages complying with BS 5845 fixed permanently to it.

(3) Safety belt anchorages referred to in subregulation (2) are to be positioned on a building or structure so that a worker is able to attach a lifeline or safety belt to an anchorage before proceeding to a position where the worker may fall.

(4) If it is not practicable, due to the nature of the work to be performed, for an employer to comply with this regulation, a worker may perform the work without the equipment required by this regulation if the worker is competent to perform the work.

An employer must provide flotation devices at a workplace for use by a worker if there is a risk that the worker may be injured or drown if the worker were to fall into water situated on or adjacent to the workplace.

(1) Plant is to be designed according to the requirements of these Regulations and, if applicable, the relevant standards specified in Schedule 9.

(2) A designer of plant must ensure that a manufacturer of the plant is provided with information in respect of the plant in accordance with the design specifications and, as far as practicable, relating to the following:

(c) installation, commissioning, operation, main-tenance, cleaning, transport, storage and, if the plant is capable of being dismantled, dismantling of the plant;

(e) knowledge, training or skill necessary for persons undertaking inspection and testing of the plant;

(1) Plant is to be manufactured, inspected and, if required, tested according to the requirements of these Regulations and, if applicable, the relevant standards specified in Schedule 9 and having regard to the design specifications.

(2) A manufacturer of plant must ensure that a supplier of the plant is provided with the information provided by the designer to the manufacturer in accordance with regulation 74 and all documents relating to the testing of the plant.

(a) if the plant is under the management and control of the supplier – risks to health and safety from the plant are minimised; and

(b) if the plant is not under the management and control of the supplier – all faults, as far as practicable, are identified and the purchaser or owner is advised of those faults in writing before the plant is supplied and, as appropriate, that the plant is not to be used until the faults are rectified.

(2) A supplier of plant must ensure that, in respect of new plant, the purchaser or owner is provided with:

(a) health and safety information provided to the supplier by the manufacturer; and

(b) if applicable, any available information, data or certificate specified by the relevant standards in Schedule 9.

(3) An importer or supplier of plant must ensure that, in respect of used plant, the purchaser or owner is provided with relevant health and safety information provided by the designer and manufacturer that is available and any additional available information required to enable the plant to be used safely.

(4) Despite subregulation (3), if applicable, a supplier must, in respect of used plant, provide the purchaser or owner with any available record kept by the previous owner of the plant and any available information, data or certificate specified by the relevant standards in Schedule 9.

(5) An importer or supplier of plant that is to be used for the purpose of scrap or spare parts must advise the purchaser or owner either in writing or by marking the plant, before the plant is supplied, that the plant in its current form is not to be placed in service but is to be used only as scrap or for spare parts.

(1) Plant is to be erected, installed or commissioned at a workplace so that risks to health and safety arising during the erection, installation or commissioning are minimised.

(2) Without limiting subregulation (1), the erection or installation of plant is to be performed:

(a) having regard to the instructions of the designer and manufacturer, or to instructions developed by a competent person, in so far as they relate to health and safety;

(b) by a competent person who is provided with the information that is necessary to enable the plant to be erected, installed or commissioned so as to minimise risks to health and safety;

(c) so that the plant is installed or erected in a location that is suitable for the operation being undertaken and the type of plant being used;

(d) so that there is sufficient clear space around the plant to allow the plant to be used and repaired so as to minimise risks to health and safety;

(e) so that proper layout of the workplace and safe access and egress is provided;

(f) so that plant that is designed to be operated in a fixed position is positioned on and, if necessary, fixed to a secure base in order to prevent inadvertent movement when power is applied or while the plant is in operation;

(g) so that during testing and start-up, if the final means of safeguarding are not in place, interim safeguards are used; and

(h) so that, as far as can be determined by commissioning, the plant can be transferred into active service.

(1) An employer must ensure that plant used at a workplace, so far as is practicable, does not pose a risk to the health and safety of a worker or any other person.

(b) plant is operated only by persons who have received adequate information and training and who are supervised to the extent necessary to minimise risks to health and safety;

(c) if the function or condition of plant is impaired or damaged to the extent that it presents an immediate risk to health and safety, the plant is withdrawn from use until the risk is controlled or the plant is repaired in accordance with regulation 80;

(d) plant is used only for the purpose for which it was designed unless a competent person has assessed that the change in use does not present an increased risk to health and safety;

(e) plant is subject to the checks, tests, inspections, maintenance and cleaning by a competent person that are necessary to minimise risks to health and safety;

(f) measures are provided to prevent, as far as practicable, unauthorised interference with or alteration or use of plant that is capable of making the plant a risk to health and safety;

(g) a person is not allowed to work between the fixed and traversing parts of plant if there is a risk to health and safety;

(h) if safety features or warning devices are incorporated into plant, they are used as intended; and

(a) facilities and systems of work are to be provided and maintained that minimise risks to the health and safety of persons maintaining, inspecting, repairing or cleaning the plant;

(b) the inspections, maintenance and cleaning are to be performed having regard to procedures recommended by the designer and manufacturer, or those developed by a competent person; and

(c) the plant is to be stopped if access is required and one or a combination of the following is to be used to minimise risks to health and safety:

(2) If it is not practicable to perform cleaning or maintenance with plant stopped as required by subregulation (1)(c), operational controls that permit controlled movement of the plant are to be fitted and safe systems of work are to be used.

(3) Despite subregulation (1), if plant is hired or leased, the owner must ensure that:

(a) the plant is inspected between hirings or leasings so as to minimise risks to health and safety;

(b) an assessment is carried out to determine the need for testing plant to check whether new or increased risks to health and safety have developed and the frequency of such testing; and

(c) the testing identified in paragraph (b) is carried out and recorded and those records are maintained for the operating life of the plant.

If plant has been damaged to the extent that its function or condition is impaired so as to increase risks to health and safety:

(ii) whether the plant is able to be repaired and, if so, what repairs are required to minimise risks to health and safety;

(b) the repairs and the inspection and, if necessary, testing of the plant are to be performed by competent persons; and

(a) the design of the alteration is to be such that the risk to health and safety from the alteration is minimised;

(b) if applicable, the design of the alteration is to be according to the relevant standard specified in Schedule 9; and

(c) it is to be altered, inspected and tested by a competent person, having regard to the design specifications for the altered design, before being returned to service.

(b) if available, information provided by the designer and manufacturer relevant to dismantling is to be made available to the competent person.

(2) If plant (including plant that is dismantled) is to be stored, the storage is to be performed by a competent person.

(3) If plant containing materials or substances that present a risk to health and safety is to be disposed of, the disposal is to be performed by a competent person.

(1) An employer or owner must, while plant is operable and under his or her control, make and keep records of tests, maintenance, inspections, commissionings and alterations of the plant.

(2) Records relating to health and safety are to be transferred to the purchaser on the sale of plant unless the plant is sold for scrap or as spare parts for other plant.

An owner of plant must ensure that, if available, relevant health and safety information is provided to persons involved in the erection, installation, commissioning, use, testing, maintenance, cleaning, de-commissioning, dismantling or disposal of the plant.

(b) the design of the plant is registered under the Workplace Health and Safety Regulations or under a law of the Commonwealth, a State or another Territory of the Commonwealth relating to occupational health and safety.

(a) a design verifier must not verify the design of plant if the design verifier has been involved in the design of the plant; and

(b) the designer and design verifier of plant are not to be employed or engaged by the same person unless the person uses a quality system to undertake the design of items of plant and the system has been certified by a body accredited or approved by the Joint Accreditation System of Australia and New Zealand (commonly known as "JAS-ANZ").

In this Division, designated plant means plant specified in Part 2 of Schedule 1.

(1) A person having the control or management of any plant specified in Part 2 of Schedule 1 must not use the plant at a workplace or permit or cause it to be used at a workplace unless it is registered.

(2) If an item of plant, other than that of the normally fixed type, is registered under a law of the Commonwealth or of a State or another Territory of the Commonwealth relating to occupational health and safety, the plant is to be taken to be registered for the purposes of this Part.

(1) Designated plant is not to be used at a workplace unless a certificate of inspection is in force in respect of the plant.

(2) Subregulation (1) does not apply to the testing or commissioning of designated plant before being used at a workplace.

(1) An owner of designated plant must ensure that it is inspected by an inspector of designated plant:

(b) after repairs, alterations or additions are made to a load bearing part of the plant; and

(2) If, following an inspection under subregulation (1), an inspector of designated plant:

(a) is satisfied that the plant complies with these Regulations, the inspector must:

(i) not later than 14 days after the date of the inspection, issue to the owner of the plant a certificate of inspection; and

(ii) if the plant is registered – not later than 28 days after the date of the inspection, notify the Work Health Authority and provide the Authority with the details of the inspection that the Authority requires; or

(b) is not satisfied that the plant complies with these Regulations – the inspector must notify the owner in writing of the reasons why the plant does not comply.

(3) An inspector of designated plant to whom subregulation (1)(a) applies must, in the manner approved by the Work Health Authority, legibly mark on the plant the identification number allocated to the plant under regulation 95 of the Workplace Health and Safety Regulations.

(4) If an inspection under subregulation (1) is carried out by the Work Health Authority, it may require the owner of the designated plant to pay to the Authority the costs of and incidental to the carrying out of the inspection.

(5) A person must not knowingly conceal from an inspector of designated plant carrying out an inspection under this regulation any defect in, defective controls or fittings of, or any damage to, the plant.

(6) An owner of designated plant aggrieved by a decision of an inspector of designated plant (other than the Work Health Authority) not to issue a certificate of inspection may apply to the Authority for the issue of a certificate of inspection.

A certificate of inspection is to be in the form approved by the Work Health Authority and remains in force for the period specified in the certificate.

(1) A certificate of inspection is, by force of this regulation, cancelled if there is:

(a) a change to the plant that results in the plant no longer complying to the design to which it was manufactured;

(b) in the case of normally fixed plant – a change of location at which the plant is used; or

(c) a change in the condition of the plant such that it cannot be operated, or cannot be repaired to enable it to operate, to the standard to which it was designed.

(2) The Work Health Authority may, on the grounds of safety, by notice served on the owner of designated plant in respect of which a certificate of inspection is in force, cancel the certificate of inspection.

(3) If a certificate of inspection is cancelled under subregulation (2), the owner of the designated plant must, not later than 7 days after notice of the cancellation or suspension is served on the owner, deliver the certificate to the Work Health Authority.

An owner of designated plant must ensure that the identification number allocated under regulation 95 of the Workplace Health and Safety Regulations, if the plant is registered, and all other identification or inspection marks on the plant are kept clean and distinct at all times.

If repairs are to be performed on a load bearing part of designated plant, the owner of the plant must ensure that:

(b) the repairs are performed in a manner approved by the manufacturer of the plant or a competent person; and

(c) the plant is inspected by an inspector of designated plant after the repairs have been performed and before the plant is used.

(a) the data and operating instructions for the plant as provided by the manufacturer of the plant;

(b) if applicable, the certificate of registration of the plant issued under regulation 95 of the Workplace Health and Safety Regulations;

(d) copies of all the certificates of inspection issued following the inspection of the plant; and

(f) if the repair is of a nature that requires a design verification to be undertaken – details of the design registration.

(2) The record referred to in subregulation (1) is to be kept while the designated plant to which it relates continues to be used at a workplace.

(3) If an owner of designated plant sells or disposes of the plant to another person, the owner must deliver to the person, at the time of the sale or disposal, the record of the plant kept under subregulation (1).

(b) is a pipeline used for the transmission of gas, water, sewerage or a petroleum product.

(1) Pressure equipment covered by AS 1200 (other than gas cylinders) that is in use is to be inspected, operated and maintained in accordance with AS 3788, AS 3873 or, where applicable, AS 2593 or the Australian Miniature Boiler Safety Committee Code.

(2) Gas cylinders are to comply with and are to be inspected and maintained in accordance with AS 2030.

(3) A person operating a gas cylinder test station must ensure that when gas cylinders are presented for inspection and testing they are inspected and tested in accordance with AS 2030 and AS 2337.

(4) A person operating a gas cylinder filling station must ensure that when gas cylinders are presented for filling:

(a) only those that bear a current inspection mark in accordance with AS 2030 and are in a good condition are filled;

(1) Plant designed to lift or move persons, equipment or materials is to be used so that:

(a) as far as practicable, a load is not suspended over or does not travel over a person; and

(b) a person is not lifted or suspended by the plant or its attachment (other than plant specifically designed for the lifting or suspending of persons) unless:

(ii) a suitable and adequate work box or carrier designed for the purpose is used and securely attached to the plant;

(iii) if practicable, the plant is fitted with a means by which the work box or carrier may be safely lowered in the event of an emergency or the failure of the power supply;

(iv) the plant is suitably stabilised at all times while the work box or carrier is in use;

(v) a suitable safety belt or harness complying with AS 1891, securely attached to a suitable point, is provided to and worn by all persons in a suspended work box or carrier except where the box or carrier is fully enclosed; and

(vi) in the case of a crane – it has drive-up and drive-down controls on both the hoisting and luffing motions and these controls are used.

(2) Plant is not to be used to lift or move a load which may become unstable unless the load is appropriately restrained.

(3) A crane, hoist or building maintenance unit is to be operated and maintained in accordance with AS 2550 and AS 1418 and having regard to the instructions of the designer and manufacturer or those developed by a competent person.

(4) Plant other than a crane or hoist is not to be used to suspend a load except where the use of a crane or hoist is impracticable and:

(a) the load is only travelled with the lifting arm of the plant fully retracted;

(b) stabilisers are provided and used wherever necessary in order to achieve stability of the plant;

(e) if buckets operated by trip-type catches are used for lifting – the catch is bolted or otherwise positively engaged;

(f) an appropriate load chart is provided and all lifting is performed within the safe working load limits of the plant;

(h) loads are lifted only by using attachments suitable to the task to be performed.

(5) As far as practicable, a load is not to be simultaneously lifted by more than one item of plant.

(a) fitted with warning devices that are appropriate to effectively warn persons who are at risk from the movement of the industrial lift truck;

(b) used in a way that minimises the exposure of the operator to risks arising from work practices or systems and the particular environment in which the industrial lift truck is used; and

(7) A person must not ride on an industrial lift truck or tractor as a passenger unless the person is seated in a seat that is:

(1) Lifting gear at a workplace is to comply with the standards specified in Schedule 10.

(2) Lifting gear is not to be used at a workplace to lift a load greater than its safe working load for the particular configuration in which it is being used.

An owner of a crane or hoist at a workplace must ensure that repairs and maintenance are performed on it in accordance with the appropriate standards specified in Schedule 9.

(1) A lift, escalator or moving walk at a workplace is to be installed, inspected and tested in accordance with AS 1735 and having regard to the instructions of the designer and manufacturer.

(2) If a worker is required to work in a lift well and his or her health and safety is at risk if he or she were to fall or if objects were to fall on him or her, or from the movement of the lift car, the employer must provide protection of the worker including:

(1) An owner of a lift, escalator or moving walk at a workplace must ensure that:

(a) machine rooms, wells and pits are kept clean and free of rubbish, dirt, dust or impediments;

(c) all parts of the lift, escalator or moving walk are maintained in a safe working condition and are correctly adjusted.

(2) An owner of a lift at a workplace must ensure, after the installation of new ropes and before the lift commences to be operated, that the Minister is provided with a copy of the rope certificate relating to the ropes used on the lift, as provided by the manufacturer of the rope.

(3) A copy of the rope certificate referred to in subregulation (2) is to be kept in the record for the lift.

An owner of a lift must ensure that there is affixed, in a conspicuous place in the car of the lift:

(ii) the identification number of the lift allocated under regulation 95 of the Workplace Health and Safety Regulations;

(iii) the name, address and telephone number of a person who may be contacted in the event of stoppage of, or accident involving, the lift; and

(1) A person (other than a person competent to work on a lift) must not operate the lift except:

(2) A person (other than a person competent to work on a lift) must not ride in a service lift or a lift not specifically designed for the carriage of persons.

(3) A person must not smoke or carry a lighted pipe, cigar, cigarette or naked flame inside the car of a lift.

(1) Powered mobile plant is to be used so as to minimise the risk of overturning or of an object falling on the operator.

operator protective devices are, as far as is practicable, to be provided, maintained and, as appropriate, used.

(3) Controls are to be implemented to eliminate or minimise the risk of powered mobile plant colliding with pedestrians or other powered mobile plant.

(4) A protective structure that is fitted to powered mobile plant is, subject to subregulation (5), to comply with AS 1636 or AS 2294.

(5) A protective structure that does not comply with subregulation (4) may be fitted to powered mobile plant if the structure is designed by a suitably qualified engineer in accordance with the following:

(b) where the engineer is satisfied deformation testing is not required, calculated deformations are substituted;

(6) An employer must ensure that powered mobile plant is fitted with appropriate seat restraints if:

(a) attaching points for the seat restraints have been incorporated in the original design of the powered mobile plant; or

(b) the powered mobile plant is fitted with a rollover protective structure or a falling object protective structure.

If there is a risk to health and safety arising from plant with hot or cold parts, the following apply:

(a) if workers are exposed to hot or cold plant – the exposure is to be monitored and appropriately managed to minimise risks to health and safety;

(b) if molten metal is transported – arrangements are to be made to prevent access to any part of the transport route while the metal is being transported;

(c) pipes and other parts associated with the plant are to be adequately guarded or insulated so as to minimise risks to health and safety.

(a) cleaning, maintenance and repair of the plant is not to be performed while it is operating unless there is no practicable alternative approach; and

(b) if guarding of moving parts does not completely eliminate the risk of entanglement – a person is not permitted to operate or pass in close proximity to the plant unless a safe system of work is introduced to minimise the risk of entanglement.

(1) If electrical plant is damaged resulting in an electrical hazard or plant is exposed to an electrical hazard:

(a) the plant is to be disconnected from the electricity supply and is not to be used until the damaged part is repaired or replaced;

(b) the plant is not to be used under conditions likely to give rise to the electrical hazard; and

(c) if the plant has been isolated but not physically disconnected from the electrical supply – a permit to work system is to be provided to avoid inadvertently energising the plant.

(2) If excavations are to be carried out, all available information relating to the position of underground electrical cables within the area where the excavation is to be carried out is to be obtained.

Division 8 Industrial robots and other remotely or automatically energised equipment

(1) If industrial robots or other remotely or automatically energised equipment are used at a workplace, a worker is not permitted to work in the immediate vicinity of an item of plant which could start without warning and cause a risk to health and safety unless appropriate controls and systems of work are put in place.

(2) If an industrial robot at a workplace can be remotely or automatically energised and that could lead to a risk to health and safety, access to the immediate area around the robot is to be controlled at all times by a permit to work system and:

A compressed air nailing tool at a workplace is to be designed and manufactured so that the tool is not able to be discharged by the application of a force less than 50 Newtons or 1.5 times the mass of the tool, whichever is the greater.

(b) unless a sign clearly and legibly marked with the words "CAUTION – NAILING TOOL IN USE" is displayed at or near the place where the tool is being used.

(1) A laser or laser product is not to be operated at a workplace unless it has been classified and labelled in accordance with AS 2211.

(2) A Class 3B or Class 4 laser or laser product, as defined in AS 2211, is not to be used in construction work.

(1) Scaffolding, access platforms and working platforms at a workplace are to be designed, manufactured, supplied, erected, used and dismantled in accordance with AS 1576.

(a) on erection or installation and before it is first used to ensure it is in a safe condition; and

(b) at regular intervals while it is being used to ensure it remains in a safe condition.

At a workplace, a load is not to be placed on a part of a building or structure that is being constructed that exceeds the safe loading of the part as specified in the design of the building or structure.

(1) A crane landing platform is not to be erected at a workplace unless it has been designed by a competent person and the design submitted to the Minister.

(a) be erected to carry the safe working load of the platform as determined under subregulation (2); and

(4) The gates referred to in subregulation (3)(b) are to be kept closed, whenever practicable.

(1) Before construction work at a workplace is commenced, fencing is to be erected around the work area in accordance with this regulation.

(2) Fencing is to be erected at a workplace where a person other than a worker performing the construction work may have access to:

(b) an area adjacent to the area where the construction work is to be performed,

if there is a risk to the health and safety of the person from the construction work.

(a) be designed, erected and maintained to be self supporting under normal conditions;

(b) provide sufficient protection taking into account the location and nature of the construction work; and

(4) Fencing required by subregulation (1) is to be kept in place until the construction work is completed.

(1) If there is a reasonable likelihood that a person could be injured by the fall of an object or material at a workplace, measures are to be put in place to prevent the fall of the object or material or the person being injured by the fall of the object or material.

(2) Despite subregulation (1), a gantry is to be erected over an area where a person (other than a worker performing construction work) has access, if the health and safety of the person may be at risk if an object or material:

(3) In addition to subregulation (2), if a load is to be raised, lowered or otherwise moved by a crane over part of a road, measures are to be taken to prevent a person or vehicle entering that part of the road while the load is being raised, lowered or moved.

(4) Gantries referred to in subregulation (2) are to be designed, erected and maintained to be self supporting under normal conditions and to withstand normal loading requirements placed on them, having regard to the construction work to be performed.

(5) Measures under subregulation (3) may include the use of warning signs, flashing lights, barriers and flagmen, as is appropriate, given the nature of the load and the need to cause a minimum of disruption to persons and traffic on the road.

(6) Gantries are to be kept in place until the need for overhead protection no longer exists.

(1) The design, construction, use and dismantling of formwork used in construction work is to comply with AS 3610.

(2) If formwork is installed at a workplace, material is to be placed around the formwork to contain, or deflect into the workplace, any objects that may emanate from the formwork.

If a skeletal steel building or structure is being constructed, temporary flooring is to be provided to a tier of beams on which work is being performed as soon as practicable after the work commences.

(1) Stairs are to be installed to a floor on which work is being performed in a building or structure under construction as soon as practicable after work commences on the floor.

(2) If temporary stairs are installed in a building or structure under subregulation (1), they are not to be removed until permanent stairs are installed in the building or structure.

(1) If a stressing jack is used in prestressing or poststressing operations during construction work, the stressing jack is to be restrained so that, in the event of it becoming dislodged from an anchorage point, it cannot move into free flight.

(2) If a worker operating stressing equipment is supported by scaffolding, the working platform on the scaffolding is to be large enough to permit the worker to have free access around the equipment.

(3) The area surrounding the anchorages used in prestressing and poststressing operations is to be guarded during those operations.

(a) are to be stored not more than 2 pallets high if they are stored on pallets; and

(b) are to be raised, lowered or moved by a method where the bricks or blocks are not able to be dislodged while being raised, lowered or moved.

(a) if an excavation or earthwork is being performed and there is a risk to the health and safety of a person from the fall or dislodgement of earth, rock or other material that forms the side of the excavation or earthwork or is adjacent to the excavation or earthwork; or

(b) if a worker is required to work in an excavation or opening in the ground that is 1.5 metres or more in depth.

(2) Shoring provided under subregulation (1) is to be of a standard that will prevent the collapse of the excavation or the movement of the earthwork.

(3) Shoring is not required under this regulation if the sides of the excavation or earthwork are self supporting by virtue of the angle of the slope of the sides or the stability of the material that comprises the sides.

If a worker is performing work in an excavation, caisson or cofferdam, the worker's employer must ensure a means of safe access and egress is provided at all times while the worker is performing the work.

Equipment or excavated material is not to be placed near the edge of an excavation, caisson or cofferdam at a workplace if there is a likelihood of:

Excavation work or earthwork at a workplace that is likely to endanger the stability of a building, structure, road or way is not to be commenced or continued unless sheet piling, shoring, bracing, guying or other means of ensuring the stability of the building, structure, road or way, or any part thereof, is provided and used.

(1) If a caisson or cofferdam is used at a workplace, it is to be secured in position to prevent its movement in a way that may pose a risk to the health and safety of workers at the workplace.

(2) If a worker is working in a caisson, the employer of the worker must provide a safety line to the worker.

The demolition of a building or structure is to be performed in such a way that the risk to the health and safety of a person who may be affected by the work is minimised.

Before a building or structure is demolished the person performing the demolition must:

(a) examine the building or structure to determine whether asbestos is present in the building or structure; and

(b) if asbestos is present – ensure that it is removed in accordance with these Regulations.

The demolition of a building or structure by the use of explosives is not to be performed without the written approval of the Minister.

(a) a positive fast acting mechanism or system to prevent the flow of abrasive material and air when the mechanism or system is activated or the abrasive blasting nozzle is released in an emergency;

(c) in the case of dry abrasive blasting – an efficient means for discharging static electrical charge from the abrasive blasting nozzle; and

(d) in the case of wet abrasive blasting – a water flow rate sufficient to prevent dust being generated.

(2) A mechanism or system referred to in subregulation (1)(a) is to be under the direct control of the person operating the abrasive blasting equipment.

A blasting chamber or blasting enclosure used for abrasive blasting at a workplace:

(i) prevent the escape of dust into the workplace surrounding the chamber or enclosure; and

(ii) provide protection to a worker performing abrasive blasting so that the health and safety of the worker is not at risk; and

(1) If abrasive blasting is performed at a workplace otherwise than in a blasting enclosure or blasting chamber, it is to be performed in a way that dust from the process:

(a) does not cause a risk to the health and safety of a person at the workplace; and

(b) is contained in an area that will substantially reduce the incidence of airborne dust in the workplace.

(2) If abrasive blasting at a workplace is performed near a public place, the employer of the worker performing the blasting must ensure that means are provided to prevent abrasive overspray into, and the general pollution of the air in, the public place.

(3) If abrasive blasting is performed at a workplace otherwise than in a blasting chamber or blasting enclosure, the employer of the worker performing the blasting must ensure that any residue is cleaned from all surfaces as soon as practicable after the blasting ceases.

The employer of a worker performing abrasive blasting at a workplace must provide the worker with:

(a) an airline respirator of the hood or helmet type, complying with AS 1716, fitted with an inner bib and a shoulder cape, jacket or protective suit; and

(b) skin and foot protection to the extent that such protection is not provided by the equipment referred to in paragraph (a).

Compressed air, dry brushing or dry sweeping is not to be used in work involving the use or handling of asbestos or a substance containing asbestos.

If as a result of work being performed asbestos dust may be given off, the work is to be performed in a way that minimises:

(1) If asbestos dust may be given off during the course of work being performed at a workplace, an employer must ensure that exhaust ventilation equipment that will prevent the dust being released into the air is provided, maintained and used.

(2) If it is not practicable to comply with subregulation (1), an employer must provide:

(a) effective screening to isolate the area where the work is being performed; and

(b) respiratory protective equipment and protective clothing to a worker performing the work and to workers in a part of the workplace into which asbestos dust from the work may escape.

(3) Exhaust ventilation equipment provided under subregulation (1) is to be kept in use while plant used in connection with a process or work to which this Division applies is being repaired or maintained.

(4) If ventilation equipment referred to subregulation (1) is provided, an employer must ensure that:

(a) it is inspected and tested at regular intervals by a competent person to ensure its effective operation; and

(b) the results of an inspection or test performed under paragraph (a) are recorded and kept for 2 years after they are recorded.

(a) where a process or work to which this Division applies is carried out or performed; or

must ensure that all exposed surfaces at the workplace are kept clean and free of asbestos.

(3) An employer of a worker performing cleaning under this regulation must provide the worker with protective clothing and respiratory protective equipment.

(1) Unless approved, a person must not carry out a process at a workplace involving:

(a) the manufacture of a product containing asbestos if asbestos dust is given off in the process; or

(b) the preparation of asbestos material for use in a product or in the manufacture of a product.

(2) An application for approval under subregulation (1) is to be in writing and contain details of the procedures and systems to control the exposure of persons to airborne asbestos and the safe use and handling of the asbestos material.

(1) If asbestos is stored in or moved or removed from a workplace for disposal, it is to be contained in a receptacle designed to prevent the escape of the asbestos into the air.

(2) Asbestos moved or removed from a workplace for disposal is to be disposed of by burying it at an approved site.

(a) removing asbestos for which an Asbestos Removalist's licence is required; or

(d) at intervals not longer than 3 years for so long as the worker continues to be engaged in such work or process; and

(e) not later than 30 days after the termination of the worker's employment unless the worker has undergone health surveillance within the previous 12 months in accordance with this regulation.

(3) If a worker fails to undergo health surveillance as required under this regulation the worker's employer must not knowingly permit the worker to perform work or carry out a process to which this regulation applies.

(1) Spray painting is to be performed at a workplace in a booth complying with regulation 142 unless the painting:

(b) is performed on any plant, item or structure that is fixed or, by reason of its shape, size or weight, cannot be readily moved or fit into a booth.

(2) If spray painting is not performed in a booth, as allowed by subregulation (1)(a) or (b), it is to be performed so that:

(ii) the vicinity of the spraying operation to ignition sources including electrical equipment and fittings; and

(b) have emergency exits, consisting of a door or panel capable of being easily opened in an outward direction, permitting rapid egress, situated as far as practicable from the normal means of entry to the booth; and

(c) be fitted with a mechanical ventilation system capable of maintaining the level of airborne contaminants within the breathing zone of the spray operator at the level specified in regulation 38.

(b) the worker has been examined and certified as fit for diving by a medical practitioner within 12 months before performing the work;

(c) the diving equipment, including the air breathing apparatus, used by the worker to perform the work is safe and without risk to the health and safety of the worker;

(d) the purity of the air used by the worker when performing the work complies with regulation 68(2);

(f) when the worker is performing the work, a recompression chamber is available for use; and

(g) a procedure for transporting the worker to the recompression chamber referred to in paragraph (f) is set out in the operations manual referred to in paragraph (e) and communicated to all workers involved in the work before the commencement of the work.

The standards specified in Schedule 11 are standards referred to in these Regulations that are in addition to those specifically referred to in any other Schedule.

A person who contravenes or fails to comply with these Regulations is guilty of an offence and is liable, on a finding of guilt, to a penalty not exceeding 20 penalty units.

Pressure equipment other than pressure piping and categorised as hazard level A, B, C or D according to the criteria identified in AS 3920.1

Gantry cranes with a safe working load greater than 5 tonnes or bridge cranes with a safe working load greater than 10 tonnes, or any gantry crane or bridge crane that is designed to handle molten metal or dangerous goods

Hoists with a platform movement in excess of 2.4 metres, designed to lift people

Part 2 – Items of plant that are to be registered and inspected
by an inspector of designated plant

Boilers categorised as hazard level A, B or C according to the criteria identified in AS 3920.1

Pressure vessels categorised as hazard level A, B or C according to the criteria identified in AS 3920.1, other than gas cylinders covered by AS 2030, LP gas fuel vessels for automotive use covered by AS 3509 and serially produced vessels covered by AS 2971

Column 1		Column 2
Type of work		Type of licence
Pressure equipment operation
Operation of a boiler with a single fixed combustion air supply, a non-modulating single heat source and fixed firing rate (other than an unattended boiler)			Basic Boiler Operation
Operation of a boiler with any or all of a modulating combustion air supply, superheaters and economisers (other than an unattended boiler)			Intermediate Boiler Operation
Operation of a boiler with any of the same features as Intermediate Boiler Operation and with multiple fuel type which may be fired simultaneously during normal operation (other than an unattended boiler)			Advanced Boiler Operation
Operation of a turbine with any or all of the following features:			Turbine Operation
(a)	attached condensers
(b)	multi-wheeled
(c)	a multi-staged heat extraction process
(d)	a speed greater than 3600 rpm
Operation of all expanding (steam) reciprocating engines with any piston diameter greater than 250mm			Reciprocating Steam Engine Operation
Crane and hoist operation
Operation and additionally, in the case of a crane referred to in paragraphs (a), (f), (g), (h), (i) and (j), the setting up and dismantling of any of the following:
(a)	tower crane		Tower Crane Operation
(b)	derrick crane		Derrick Crane Operation
(c)	portal boom crane		Portal Boom Crane Operation
(d)	bridge or gantry crane (all cabin operated cranes and all remote over 3 operations)		Bridge and Gantry Crane Operation
(e)	vehicle loading crane (capacity 10 tonne metres and above)		Vehicle Loading Crane Operation
(f)	non-slewing mobile crane (capacity 3 tonnes and above)		Non-slewing Mobile Crane Operation
(g)	slewing mobile crane (up to 20 tonnes)		Slewing Mobile Crane Operation (up to 20 tonnes)
(h)	slewing mobile crane (up to 60 tonnes)		Slewing Mobile Crane Operation (up to 60 tonnes)
(i)	slewing mobile crane (up to 100 tonnes)		Slewing Mobile Crane Operation (up to 100 tonnes)
(j)	slewing mobile crane (open/over 100 tonnes)		Slewing Mobile Crane Operation (open)
(k)	elevating work platform (with a boom length of 11 metres or more)		Elevating Work Platform Operation
(l)	hoist (cantilever platform)		Hoist Operation (Cantilever Platform)
(m)	hoist (personnel or material)		Hoist Operation (Personnel and Materials)
(n)	concrete placing boom		Concrete Placing Boom Operation
Industrial Truck Operation
Operation of a forklift truck (excluding manual powered and pedestrian operated machine)			Forklift Truck Operation
Scaffolding
Erection, alteration or dismantling, at a height greater than 4 metres, of any of the following:			Basic Scaffolding
(a)	standing prefabricated scaffold
(b)	cantilevered hoist with a working load limit not exceeding 500kg (material only)
(c)	ropes
(d)	gin wheel
(e)	safety net and static line
(f)	bracket scaffold (tank and formwork)
Erection, alteration or dismantling of scaffold requiring a Basic Scaffolding licence, plus work at a height greater than 4 metres or 2 lifts which would require ties including any of the following:			Intermediate Scaffolding
(a)	prefabricated scaffold
(b)	cantilevered crane loading platform
(c)	cantilevered and spurred scaffold
(d)	barrow ramp and sloping platform
(e)	scaffolding associated with perimeter safety screens and shutters
(f)	mast climber
(g)	tube and coupler scaffold (including tube and coupler covered ways and gantries)
Erection, alteration or dismantling of scaffold requiring an Intermediate Scaffolding licence, plus all other scaffolding work including any of the following:			Advanced Scaffolding
(a)	cantilevered hoist
(b)	hung scaffold, including scaffold hanging from tubes, wire rope or chain
(c)	suspended scaffold
Rigging
Work requiring any of the following:			Dogging
(a)	the application of slinging techniques and the selection and inspection of lifting gear
(b)	directing of crane or hoist operator in the movement of a load when the load is out of view of operator
Rigging work requiring a Dogging licence, plus work associated with any of the following:			Basic Rigging
(a)	movement of plant or equipment
(b)	steel erection
(c)	particular hoists
(d)	placement of pre-cast concrete
(e)	safety net and static line
(f)	mast climber
(g)	perimeter safety screens and shutters
(h)	cantilevered crane loading platforms
Rigging work requiring a Basic Rigging licence, plus rigging work associated with any of the following:			Intermediate Rigging
(a)	all hoists
(b)	rigging of cranes, conveyors, dredges and excavators
(c)	tilt slabs
(d)	demolition
(e)	dual lifts
Rigging work requiring an Intermediate Rigging licence, plus rigging worker associated with any of the following:			Advanced Rigging
(a)	rigging of gin poles and shear legs
(b)	flying foxes and cable ways
(c)	guyed derricks and structures
(d)	suspended scaffolds and fabricated hung scaffolds
Asbestos removal
Work involving any of the following:			Asbestos Removalist
(a)	the removal of thermal or acoustic insulation materials that consist of or contain asbestos
(b)	the removal of asbestos-cement products or other asbestos containing materials
(c)	the removal of decorative materials that consist of or contain asbestos
but does not include any of the following:
(d)	the removal of asbestos-cement product or other non-friable asbestos containing material (such as that bonded to vinyl or resin) that covers less than 10 square metres
(e)	the removal of a sample of material for the purposes of identifying the material
(f)	the removal of insulation material that consists of or contains asbestos for the purposes of performing maintenance or repair work, if the material removed does not extend more than one metre in any direction from the place of maintenance or repair

Removal of asbestos or a substance containing asbestos that is required to be performed by a person who is the holder of an Asbestos Removalist's licence

type 1 ingredient means an ingredient or harmful substance that is present in a hazardous substance in a quantity that exceeds the lowest relevant concentration cut-off level under NOHSC:1008 and that:

(a) according to NOHSC:1008 is carcinogenic, mutagenic, teratogenic, a skin or respiratory sensitiser, very corrosive, corrosive, toxic or very toxic, can cause irreversible effects after acute exposure or can cause serious damage to health after repeated or prolonged exposure; or

type 2 ingredient means an ingredient that is, according to NOHSC:1008, a harmful substance, but not of a type 1 ingredient, which is present in a hazardous substance in a quantity that exceeds the lowest relevant concentration cut-off level under NOHSC:1008.

type 3 ingredient means an ingredient that is not a type 1 ingredient or a type 2 ingredient.

(1) Subject to this clause, a material safety data sheet is to disclose the following information in relation to the ingredients of a hazardous substance:

(ii) if the identity of the ingredient is commercially confidential – its generic name;

(2) If the manufacturer or importer of a hazardous substance considers that compliance with subclause (1)(c) would not provide sufficient commercial protection for a type 3 ingredient, other than an ingredient that has a known synergistic effect or that is a hazardous substance, the material safety data sheet may indicate that the ingredient has been determined not to be hazardous by the use of the phrase "Other ingredients determined not to be hazardous".

(3) Subject to this clause, a label is to disclose the following information in relation to the ingredients of a hazardous substance:

(ii) if the identity of the ingredients is commercially confidential – its generic name.

(4) A label is not required to disclose any information in relation to a type 3 ingredient.

(5) If a generic name is used to identify a type 2 ingredient, the manufacturer or importer must notify Worksafe Australia of the use of the generic name in a manner and form determined by Worksafe Australia.

(6) If a material safety data sheet or label does not disclose the chemical name of an ingredient of a hazardous substance, the manufacturer or importer of the hazardous substance must disclose the chemical identity of the ingredient:

(a) to a medical practitioner who applies to the manufacturer or importer for the disclosure of that information on the basis that the information is necessary for the purposes of treating a person in an emergency situation; or

(b) to an employer or worker, or to a person authorised by the Minister, who has applied to the manufacturer or importer for the disclosure of that information on the basis that the information is necessary to provide for, or protect, the health and safety of a person who may be exposed to the hazardous substance through its use at a workplace.

(7) A manufacturer or importer of a hazardous substance must, as soon as practicable after receiving an application under subclause (6)(a), respond to the application but may, on or after supplying the information, require the medical practitioner to whom it is supplied to sign, within a reasonable time, a written undertaking that he or she will only use the information for the purpose for which it is provided.

(8) A manufacturer or importer of a hazardous substance may require an application made under subclause (6)(b) to be in writing and provide details of the grounds on which the application is made.

(9) A manufacturer or importer of a hazardous substance must respond to an application under subclause (6)(b) not later than 30 days after its receipt.

(10) A manufacturer or importer of a hazardous substance may make it a condition of providing information on an application under subclause (6)(b) that the applicant sign a written undertaking that he or she will use the information only for the purpose for which it is provided.

(11) If a manufacturer or importer of a hazardous substance rejects an application under this clause, the manufacturer or importer must:

(a) provide the applicant with reasonable written reasons for rejecting the application; and

(b) provide the information that is necessary to satisfy the grounds on which the application is made without disclosing the chemical identity of the ingredient.

Column 1	Column 2
Substance	Use for which substance is prohibited
Actinolite	any new application, any spraying process, reuse of second hand products
Amosite (brown asbestos)	any new application, any spraying process, reuse of second hand products
Anthophyllite	any new application, any spraying process, reuse of second hand products
Arsenic and arsenic compounds	spray painting
Benzene and substances containing greater than 1% benzene by volume	spray painting
Carbon disulphide	spray painting
Carbon tetrachloride	spray painting
Chrysotile (white asbestos)	any spraying process, reuse of second-hand products
Crocidolite (blue asbestos)	any new application, any spraying process, reuse of second hand products
Methanol and substances containing greater than 1% methanol by volume	spray painting
Polychlorinated biphenyls (PCBs)	all uses except when handled for storage awaiting disposal, for removal and disposal, when contained in existing electrical equipment and construction materials or for repairs
Tetrachloroethane	spray painting
Tremolite	any new application, any spraying process, reuse of second hand painting
Tributyl tin	spray painting
A substance containing more than 2% arsenic, beryllium, lead, cadmium, nickel, antimony, cobalt, chromium or tin	abrasive blasting
A substance containing a radioactive substance	abrasive blasting
A substance containing more than 5% free silica (crystalline silicon dioxide)	abrasive blasting
A recycled substance that has not been treated to remove respirable dust or other substance that may affect the health and safety of a worker at the workplace	abrasive blasting
A wet blasting inhibitor containing chromate, nitrate or nitrate	wet abrasive blasting

Column 1	Column 2
Hazardous Substance	Type of Health Surveillance
Acrylonitrile	occupational and medical history demographic data records of personal exposure
Asbestos	occupational and medical history demographic data records of personal exposure
Cadmium	demography, occupational and medical history health advice, including counselling on additional cadmium burden from smoking physical examination with emphasis on the respiratory system completion of a standardised respiratory questionnaire standardised respiratory function tests FEV1, FVC and FEV1/FVC urinary cadmium and β₂ – microglobulin records of personal exposure
Crystalline silica	occupational and medical history demographic data completion of a standardised respiratory questionnaire standardised respiratory function tests FEV1, FVC and FEV1/FVC chest X-ray, full size PA view
Inorganic arsenic	demography, occupational and medical history and health advice physical examination with emphasis on the peripheral nervous system urinary total arsenic records of personal exposure
Inorganic lead	demography, occupational and medical history and health advice lead in whole blood
Inorganic mercury	demography, occupational and medical history and health advice physical examination with emphasis on neurological, renal, gastrointestinal and dermatological systems urinary inorganic mercury
Isocyanates	occupational and medical history completion of a standardised respiratory questionnaire physical examination of the respiratory system and skin standardised respiratory function tests FEV1, FVC and FEV1/FVC
4,4’ methylenebis (2-chloroaniline) (MOCA)	urinary total MOCA dipstick analysis of urine for haematuria urine cytology
Organophosphate pesticides	occupational and medical history physical examination baseline estimation of red cell and plasma cholinesterase activity levels estimation of red cell and plasma cholinesterase activity towards the end of the working day
Polycyclic aromatic hydrocarbons	demography, occupational and medical history health advice, including recognition of photochemical skin burns and skin changes records of personal exposure, including photo-chemical skin burns
Thallium	demography, occupational and medical history and health advice physical examination if indicated urinary thallium
Vinyl chloride	occupational and medical history demographic data records of personal exposure

1735.14 Lifts for persons with limited mobility – Restricted use – Low-rise platforms

1735.15 Lifts for persons with limited mobility – Restricted use – Non-automatically controlled

1735.16 Lifts for persons with limited mobility – Restricted use – Automatically controlled

1735.17 Lifts for people with limited mobility – Restricted use – Water-Drive

AS 2030 The approval, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases

BS 2902 Specification for higher tensile steel chain slings and rings, links alternative to rings, egg links and intermediate links

BS 2903 Specification for higher tensile steel hooks for chains, slings, blocks and general engineering purposes

1338.1 Filters for protection against radiation generated in welding and allied operations

AS 1636 Agricultural wheeled tractors – Roll-over protective structures – Criteria and tests

2337.3 Inspection and testing of fibre reinforced plastics (FRP) aluminium alloy gas cylinders – Hoop overwrapped

AS 3100 Approval and test specification – General requirements for electrical equipment

AS 3108 Approval and test specification – Particular requirements for isolating transformers and safety isolating transformers

AS 3190 Approval and test specification – Residual current devices (current operated earth-leakage devices)

AMBSC (Part 1) Australian Miniature Boiler Safety Committee Code for copper boilers

AMBSC (Part 2) Australian Miniature Boiler Safety Committee Code for steel boilers

NOHSC:1003: Exposure standards for atmospheric contaminants in the occupational environment

NOHSC:1006: National occupational health and safety certification standard for users and operators of industrial equipment

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

Column 1	Column 2
2-Acetylaminofluorene [53-96-3]		all uses
Aflatoxins		all uses
4-Aminodiphenyl [92-67-1]		all uses
Amosite [12172-73-5] (brown asbestos)		except for removal and disposal purposes, and situations here amosite occurs naturally and is not used for any new application
Crocidolite [12001-29-5] (blue asbestos)		except for removal and disposal purposes and situations where crocidolite occurs naturally and is not used for any new application
Benzidine [92-87-5] and its salts (including benzidine dihydrochloride [531-85-1])		all uses
Bis(chloromethyl) methyl ether [542-88-1] (technical grade which contains bis(chloromethyl) ether)		all uses
Chloromethyl methyl ether [107-30-2] (technical grade which contains bis(chloromethyl) ether)		all uses
4-Dimethylaminoazobenzene [60-11-7]		all uses
2-Naphthylamine [91-59-8] and its salts		all uses
4-Nitrodiphenyl [92-93-3]		all uses

Acrylonitrile [107-13-1]		all uses
Benzene [71-43-2]		when used as a feedstock containing more than 50% of benzene by volume
Chrysotile [12001-28-4] (white asbestos)		when used for the manufacture of asbestos products
Cyclophosphamine [50-18-0] (cyctotoxic drug)		when used in preparation for the therapeutic use in hospitals and oncological treatment facilities, and in manufacturing operations
3,3'-Dichlorobenzidine [91-94-1] and its salts (including 3,3'- dichlorobenzidine dihydrochloride [612-83-9]		all uses
Diethyl sulfate [64-67-5]		all uses
Dimethyl sulfate [77-78-1]		all uses
Ethylene dibromide [106-93-4]		when used as a fumigant
4,4'-Methylene bis (2-chloroaniline) [101-14-4] - MOCA		all uses
Beta-Propiolactone [57-57-8] (2-propiolactone)		all uses
o-Toluidine [95-53-4]		all uses
o-Toluidine hydrochloride [636-21-5]		all uses
Vinyl chloride monomer [75-01-4]		all uses

Petroleum (Occupational Health and Safety) Regulations (SL No. 25, 2001)
Notified	16 May 2001
Commenced	16 May 2001
Law Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007)
Assent date	12 December 2007
Commenced	1 July 2008 (Gaz S29, 25 June 2008)
Statute Law Revision Act 2009 (Act No. 25, 2009)
Assent date	1 September 2009
Commenced	16 September 2009 (Gaz G37, 16 September 2009, p 3)

Northern Territory Repealed Regulations

PETROLEUM (OCCUPATIONAL HEALTH AND SAFETY) REGULATIONS