- (S.R. 2012, NO. 122) TABLE OF PROVISIONS Long Title Chapter 1 - Preliminary 1. Short title 2. Commencement 3. Reserved 4. Reserved 5. Interpretation 6. Determination of safety management system 7. Meaning of person conducting a business or undertaking persons excluded 8. Meaning of supply 9. Provisions linked to health and safety duties in Act 10. Application of the Act to dangerous goods and high risk plant 11. Application of these regulations 12. Assessment of risk in relation to a class of hazards, tasks, circumstances or things 13. Documents incorporated as in force when incorporated 14. Inconsistencies between provisions 15. References to standards Chapter 2 - Representation and Participation 16. Negotiations for and determination of work groups 17. Matters to be taken into account in negotiations 18. Procedures for election of health and safety representatives 19. Person conducting business or undertaking must not delay election 20. Removal of health and safety representatives 21. Training for health and safety representatives 22. Agreed procedure minimum requirements 23. Default procedure 24. Continuity of engagement of worker 25. Training requirements for WHS entry permits 26. Form of WHS entry permit 27. Notice of entry general 28. Additional requirements entry under section 117 29. Additional requirements entry under section 120 30. Additional requirements entry under section 121 31. Register of WHS entry permit holders Chapter 3 - General Risk and Workplace Management 32. Application of Part 3.1 33. Specific requirements must be complied with 34. Duty to identify hazards 35. Managing risks to health and safety 36. Hierarchy of control measures 37. Maintenance of control measures 38. Review of control measures 39. Provision of information, training and instruction 40. Duty in relation to general workplace facilities 41. Duty to provide and maintain adequate and accessible facilities 42. Duty to provide first aid 43. Duty to prepare, maintain and implement emergency plan 44. Provision to workers and use of personal protective equipment 45. Personal protective equipment used by other persons 46. Duties of worker 47. Duty of person other than worker 48. Remote or isolated work 49. Ensuring exposure standards for substances and mixtures not exceeded 50. Monitoring airborne contaminant levels 51. Managing risks to health and safety 52. Ignition sources 53. Flammable and combustible material not to be accumulated 54. Management of risk of falling objects 55. Minimising risk associated with falling objects Chapter 4 - Hazardous Work 56. Meaning of exposure standard for noise 57. Managing risk of hearing loss from noise 58. Audiometric testing 59. Duty of designers, manufacturers, importers and suppliers of plant 60. Managing risks to health and safety 61. Duty of designers, manufacturers, importers and suppliers of plant or structures 62. Confined spaces to which this Part applies 63. Application to emergency service workers 64. Duty to eliminate or minimise risk 65. Entry into confined space must comply with this Division 66. Managing risks to health and safety 67. Confined space entry permit 68. Signage 69. Communication and safety monitoring 70. Specific control connected plant and services 71. Specific control atmosphere 72. Specific control flammable gases and vapours 73. Specific control fire and explosion 74. Emergency procedures 75. Personal protective equipment in emergencies 76. Information, training and instruction for workers 77. Confined space entry permit and risk assessment must be kept 78. Management of risk of fall 79. Specific requirements to minimise risk of fall 80. Emergency and rescue procedures 81. Licence required to carry out high risk work 82. Exceptions 83. Recognition of high risk work licences in other jurisdictions 84. Duty of person conducting business or undertaking to ensure direct supervision 85. Evidence of licence duty of person conducting business or undertaking 86. Who may apply for a licence 87. Application for high risk work licence 88. Additional information 89. Decision on application 90. Matters to be taken into account 91. Refusal to grant high risk work licence process 92. Duration of licence 93. Licence document 94. Licence document to be available 95. Reassessment of competency of licence holder 96. Notice of change of address 97. Licence holder to return licence 98. Replacement licence document 99. Voluntary surrender of licence 100. Regulator may renew licence 101. Application for renewal 102. Licence continues in force until application is decided 103. Renewal of expired licence 104. Provisions relating to renewal of licence 105. Status of licence during review 106. Suspension or cancellation of licence 107. Matters taken into account 108. Notice to and submissions by licence holder 109. Notice of decision 110. Immediate suspension 111. Licence holder to return licence document 112. Regulator to return licence document after suspension 113. Accreditation required to assess competency for high risk work licence 114. Accredited assessor must act in accordance with accreditation 115. Regulator may accredit assessors 116. Application for accreditation 117. Additional information 118. Decision on application 119. Matters to be taken into account 120. Refusal to grant accreditation process 121. Conditions of accreditation 122. Duration of accreditation 123. Accreditation document 124. Accreditation document to be available 125. Changes to information 126. Accredited assessor to return accreditation document 127. Replacement accreditation document 128. Voluntary surrender of accreditation 129. Regulator may renew accreditation 130. Application for renewal 131. Accreditation continues in force until application is decided 132. Provisions relating to application 133. Regulator may suspend or cancel accreditation 134. Suspension or cancellation of accreditation 135. Matters to be taken into account 136. Notice to and submissions by accredited assessor 137. Notice of decision 138. Immediate suspension 139. Accredited assessor to return accreditation document 140. Regulator to return accreditation document after suspension 141. Regulator may enter into agreement with RTO 142. Notice of demolition work 143. Reserved 144. Meaning of electrical equipment 145. Meaning of electrical installation 146. Meaning of electrical work 147. Risk management 148. Electrical equipment and electrical installations to which this Division applies 149. Unsafe electrical equipment 150. Inspection and testing of electrical equipment 151. Untested electrical equipment not to be used 152. Application of Division 4 153. Persons conducting a business or undertaking to which this Division applies 154. Electrical work on energised electrical equipment prohibited 155. Duty to determine whether equipment is energised 156. De-energised equipment must not be inadvertently re-energised 157. Electrical work on energised electrical equipment when permitted 158. Preliminary steps 159. Unauthorised access to equipment being worked on 160. Contact with equipment being worked on 161. How the work is to be carried out 162. Record keeping 163. Duty of person conducting business or undertaking 164. Use of socket outlets in hostile operating environment 165. Testing of residual current devices 166. Duty of person conducting a business or undertaking 167. Purpose of Part 4.8 168. Person conducting business or undertaking must ensure fitness of workers 169. Certificate of medical fitness 170. Duty to keep certificate of medical fitness 171. Competence of worker general diving work 172. Competence of worker incidental diving work 173. Competence of worker limited scientific diving work 174. Competence of competent person supervising general diving work 175. Evidence of competence duty of person conducting business or undertaking 176. Management of risks to health and safety 177. Appointment of competent person to supervise diving work 178. Additional control dive plan 179. Dive plan must be complied with 180. Additional control dive safety log to be kept 181. Use of dive safety log 182. Record keeping 183. Duties of person conducting business or undertaking 184. Duty of worker competence Chapter 5 - Plant and Structures 185. Application of Part 5.1 to plant 186. Application of Part 5.1 to structures 187. Provision of information to manufacturer 188. Hazard identified in design during manufacture 189. Guarding 190. Operational controls 191. Emergency stop controls 192. Warning devices 193. Control of risk 194. Guarding 195. Information must be obtained and provided 196. Information to be obtained and provided by importer 197. Control of risk 198. Information to be obtained and provided by supplier 199. Supply of second-hand plant duties of supplier 200. Second-hand plant to be used for scrap or spare parts 201. Duties of persons conducting businesses or undertakings that install, construct or commission plant 202. Duties of persons conducting businesses or undertakings that install, construct or commission structures 203. Management of risks to health and safety 204. Control of risks arising from installation or commissioning 205. Preventing unauthorised alterations to or interference with plant 206. Proper use of plant and controls 207. Plant not in use 208. Guarding 209. Guarding and insulation from heat and cold 210. Operational controls 211. Emergency stops 212. Warning devices 213. Maintenance and inspection of plant 214. Powered mobile plant general control of risk 215. Powered mobile plant specific control measures 216. Roll-over protection on tractors 217. Protective structures on earthmoving machinery 218. Industrial lift trucks 219. Plant that lifts or suspends loads 220. Exception Plant not specifically designed to lift or suspend a person 221. Plant used in connection with tree lopping 222. Industrial robots 223. Lasers 224. Pressure equipment 225. Scaffolds 226. Plant with presence-sensing safeguarding system records 227. Application of Part 5.2 228. Records and information 229. Record of standards or engineering principles used 230. Records to be available for inspection 231. Duty of persons conducting businesses or undertakings that manufacture plant 232. Duty of persons conducting businesses or undertakings that import plant 233. Duty of persons conducting businesses or undertakings that supply plant 234. Duty of persons conducting businesses or undertakings that commission plant 235. Major inspection of registered mobile cranes and tower cranes 236. Lifts 237. Records of plant 238. Operation of amusement devices 239. Storage of amusement devices 240. Maintenance, inspection and testing of amusement device 241. Annual inspection of amusement device 242. Log book and manuals for amusement device 243. Plant design to be registered 244. Altered plant designs to be registered 245. Recognition of designs registered by corresponding regulator 246. Items of plant to be registered 247. Recognition of plant registered by corresponding regulator 248. Application of Division 3 249. Who can apply to register a plant design 250. Application for registration 251. Design verification statement 252. Who can be the design verifier 253. Duty of design verifier 254. Design verification statements not to be made in certain circumstances 255. Additional information 256. Decision on application 257. Refusal of registration - process 258. Conditions of registration 259. Duration of registration of plant design 260. Plant design registration number 261. Registration document 262. Registration document to be available 263. Disclosure of design information 264. Application of Division 4 265. Who can apply to register an item of plant 266. Application for registration 267. When is a person competent to inspect plant 268. Additional information 269. Decision on application 270. Refusal of registration process 271. Conditions of registration 272. Duration of registration 273. Plant registration number 274. Registration document 275. Registration document to be available 276. Regulator may renew registration 277. Application for renewal 278. Registration continues in force until application is decided 279. Decision on application 280. Status of registration during review 281. Application of Division 282. Changes to information 283. Amendment of registration imposed by regulator 284. Amendment on application by registration holder 285. Minor corrections to registration 286. Regulator to give amended registration document 287. Registration holder to return registration document 288. Replacement registration document Chapter 6 - Construction Work 289. Meaning of construction work 290. Meaning of structure 291. Meaning of high risk construction work 292. Meaning of construction project 293. Meaning of principal contractor 294. Person who commissions work must consult with designer 295. Designer must give safety report to person who commissions design 296. Person who commissions project must give information to principal contractor 297. Management of risks to health and safety 298. Security of workplace 299. Safe work method statement required for high risk construction work 300. Compliance with safe work method statement 301. Safe work method statement copy to be given to principal contractor 302. Review of safe work method statement 303. Safe work method statement must be kept 304. Excavation work underground essential services information 305. Management of risks to health and safety associated with excavation work 306. Additional controls trenches 307. Application of Part 6.4 308. Specific control measure signage identifying principal contractor 309. WHS management plan preparation 310. WHS management plan duty to inform 311. WHS management plan review 312. High risk construction work safe work method statements 313. Copy of WHS management plan must be kept 314. Further health and safety duties specific regulations 315. Further health and safety duties specific risks 316. Duty to provide general construction induction training 317. Duty to ensure worker has been trained 318. Recognition of general construction induction training cards issued in other jurisdictions 319. Issue of card 320. Content of card 321. Replacement card 322. Refusal to issue or replace card 323. Cancellation of card grounds 324. Cancellation of card process 325. RTO may enter agreement to issue cards 326. Duties of workers 327. Alteration of general construction induction training card Chapter 7 - Hazardous Chemicals 328. Application of Part 7.1 329. Classification of hazardous chemicals 330. Manufacturer or importer to prepare and provide safety data sheets 331. Safety data sheets research chemical, waste product or sample for analysis 332. Emergency disclosure of chemical identities to registered medical practitioner 333. Emergency disclosure of chemical identities to emergency service worker 334. Packing hazardous chemicals 335. Labelling hazardous chemicals 336. Restriction on age of person who can supply hazardous chemicals 337. Retailer or supplier packing hazardous chemicals 338. Supplier labelling hazardous chemicals 339. Supplier to provide safety data sheets 340. Supply of prohibited and restricted carcinogens 341. Labelling hazardous chemicals general requirement 342. Labelling hazardous chemicals containers 343. Labelling hazardous chemicals pipe work 344. Person conducting business or undertaking to obtain and give access to safety data sheets 345. Changes to safety data sheets 346. Hazardous chemicals register 347. Manifest of hazardous chemicals 348. Regulator must be notified if manifest quantities to be exceeded 349. Outer warning placards requirement to display 350. Placard requirement to display 351. Management of risks to health or safety 352. Review of control measures 353. Safety signs 354. Identification of risk of physical or chemical reaction 355. Specific control fire and explosion 356. Keeping hazardous chemicals stable 357. Containing and managing spills 358. Protecting hazardous chemicals from damage 359. Fire protection and firefighting equipment 360. Emergency equipment 361. Emergency plans 362. Safety equipment 363. Control of risks from storage or handling systems 364. Containers for hazardous chemicals used, handled or stored in bulk 365. Stopping use and disposing of handling systems 366. Stopping use of underground storage and handling systems 367. Notification of abandoned tank 368. Duty to provide health monitoring 369. Duty to inform of health monitoring 370. Duty to ensure that appropriate health monitoring is provided 371. Duty to ensure health monitoring is supervised by registered medical practitioner with experience 372. Duty to pay costs of health monitoring 373. Information that must be provided to registered medical practitioner 374. Duty to obtain health monitoring report 375. Duty to give health monitoring report to worker 376. Duty to give health monitoring report to regulator 377. Duty to give health monitoring report to relevant persons conducting businesses or undertakings 378. Health monitoring records 379. Duty to provide supervision 380. Using, handling and storing prohibited carcinogens 381. Using, handling and storing restricted carcinogens 382. Using, handling and storing restricted hazardous chemicals 383. Application for authorisation to use, handle or store prohibited and restricted carcinogens 384. Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens 385. Changes to information in application to be reported 386. Regulator may cancel authorisation 387. Statement of exposure to be given to workers 388. Records to be kept 389. Management of risk by pipeline owner 390. Pipeline builder's duties 391. Management of risks to health and safety by pipeline operator 392. Meaning of lead process 393. Regulator may decide lead process 394. Meaning of lead risk work 395. Duty to give information about health risks of lead process 396. Containment of lead contamination 397. Cleaning methods 398. Prohibition on eating, drinking and smoking 399. Provision of changing and washing facilities 400. Laundering, disposal and removal of personal protective equipment 401. Review of control measures 402. Identifying lead risk work 403. Notification of lead risk work 404. Changes to information in notification of lead risk work 405. Duty to provide health monitoring before first commencing lead risk work 406. Duty to ensure that appropriate health monitoring is provided 407. Frequency of biological monitoring 408. Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience 409. Duty to pay costs of health monitoring 410. Information that must be provided to registered medical practitioner 411. Duty to obtain health monitoring report 412. Duty to give health monitoring report to worker 413. Duty to give health monitoring report to regulator 414. Duty to give health monitoring report to relevant persons conducting businesses or undertakings 415. Removal of worker from lead risk work 416. Duty to ensure medical examination if worker removed from lead risk work 417. Return to lead risk work after removal 418. Health monitoring records Chapter 8 - Asbestos 419. Work involving asbestos or ACM prohibitions and exceptions 420. Exposure to airborne asbestos at workplace 421. Application of Part 8.3 422. Asbestos to be identified or assumed at workplace 423. Analysis of sample 424. Presence and location of asbestos to be indicated 425. Asbestos register 426. Review of asbestos register 427. Access to asbestos register 428. Transfer of asbestos register by person relinquishing management or control 429. Asbestos management plan 430. Review of asbestos management plan 431. Naturally occurring asbestos 432. Asbestos management plan 433. Review of asbestos management plan 434. Training in relation to naturally occurring asbestos 435. Duty to provide health monitoring 436. Duty to ensure that appropriate health monitoring is provided 437. Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience 438. Duty to pay costs of health monitoring 439. Information that must be provided to registered medical practitioner 440. Duty to obtain health monitoring report 441. Duty to give health monitoring report to worker 442. Duty to give health monitoring report to regulator 443. Duty to give health monitoring report to relevant persons conducting businesses or undertakings 444. Health monitoring records 445. Duty to train workers about asbestos 446. Duty to limit use of equipment 447. Application Part 8.6 448. Review of asbestos register 449. Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment 450. Duty to obtain asbestos register 451. Determining presence of asbestos or ACM 452. Identification and removal of asbestos before demolition 453. Identification and removal of asbestos before demolition of residential premises 454. Emergency procedure 455. Emergency procedure residential premises 456. Identification and removal of asbestos before refurbishment 457. Refurbishment of residential premises 458. Duty to ensure asbestos removalist is licensed 459. Asbestos removal supervisor must be present or readily available 460. Asbestos removal worker must be trained 461. Licensed asbestos removalist must keep training records 462. Duty to give information about health risks of licensed asbestos removal work 463. Asbestos removalist must obtain register 464. Asbestos removal control plan 465. Asbestos removal control plan to be kept and available 466. Regulator must be notified of asbestos removal 467. Licensed asbestos removalist must inform certain persons about intended asbestos removal work 468. Person with management or control of workplace must inform persons about asbestos removal work 469. Signage and barricades for asbestos removal work 470. Limiting access to asbestos removal area 471. Decontamination facilities 472. Disposing of asbestos waste and contaminated personal protective equipment 473. Clearance inspection 474. Clearance certificates 475. Air monitoring asbestos removal requiring Class A licence 476. Action if respirable asbestos fibre level too high 477. Removing friable asbestos 478. Application of Part 8.9 479. Uncertainty as to presence of asbestos 480. Duty to give information about health risks of asbestos-related work 481. Asbestos-related work to be in separate area 482. Air monitoring 483. Decontamination facilities 484. Disposing of asbestos waste and contaminated personal protective equipment 485. Requirement to hold Class A asbestos removal licence 486. Exception to requirement to hold Class A asbestos removal licence 487. Requirement to hold Class B asbestos removal licence 488. Recognition of asbestos removal licences in other jurisdictions 489. Requirement to hold asbestos assessor licence 490. Recognition of asbestos assessor licences in other jurisdictions 491. Who may apply for a licence 492. Application for asbestos removal licence or asbestos assessor licence 493. Content of application Class A asbestos removal licence 494. Content of application Class B asbestos removal licence 495. Content of application asbestos assessor licence 496. Additional information 497. Decision on application 498. Class A asbestos removal licence regulator to be satisfied about additional matters 499. Class B asbestos removal licence regulator to be satisfied about additional matters 500. Matters to be taken into account 501. Refusal to grant licence process 502. Conditions of licence 503. Duration of licence 504. Licence document 505. Licence document to be available 506. Changes to information 507. Change to nominated supervisor 508. Amendment imposed by regulator 509. Amendment on application by licence holder 510. Minor corrections to licence 511. Regulator to give amended licence to the holder 512. Licence holder to return licence 513. Replacement licence document 514. Voluntary surrender of licence 515. Regulator may renew licence 516. Application for renewal 517. Provisions relating to renewal of licence 518. Renewal of asbestos removal licence regulator to be satisfied about certain matters 519. Status of licence during review 520. Suspension or cancellation of licence 521. Matters taken into account 522. Notice to and submissions by licence holder 523. Notice of decision 524. Immediate suspension 525. Licence holder to return licence document 526. Regulator to return licence document after suspension 527. Asbestos removal licence register 528. Asbestos assessors register 529. Work must be supervised by named supervisor Chapter 9 - Major Hazard Facilities 530. This Chapter does not apply to certain facilities 531. Meaning of major incident 532. Meaning of hazardous chemicals that are present or likely to be present 533. Meaning of operator of a facility or proposed facility 534. Meaning of modification of a facility 535. A major hazard facility must be licensed 536. Operators of certain facilities must notify regulator 537. Notification proposed facilities 538. Content of notification 539. When regulator may conduct inquiry 540. Inquiry procedure 541. Determination in relation to facility, on inquiry 542. Determination in relation to over-threshold facility 543. Suitability of facility operator 544. Conditions on determination of major hazard facility 545. Notice and effect of determinations 546. When regulator may revoke a determination 547. Re-notification if quantity of Schedule 15 chemicals increases 548. Notification by new operator 549. Time in which major hazard facility licence must be applied for 550. Application of Part 9.3 551. Safety case outline must be provided 552. Content 553. Alteration 554. Identification of major incidents and major incident hazards 555. Safety assessment 556. Control of risk 557. Emergency plan 558. Safety management system 559. Review of risk management 560. Safety case must be provided 561. Content 562. Co-ordination for multiple facilities 563. Review 564. Identification of major incidents and major incident hazards 565. Safety assessment 566. Control of risk 567. Emergency plan 568. Safety management system 569. Review of risk management 570. Safety case review 571. Information for visitors 572. Information for local community general 573. Information for local community major incident 574. Safety role for workers 575. Operator of major hazard facility must consult with workers 576. Duties 577. Who may apply for a licence 578. Application for major hazard facility licence 579. Additional information 580. Decision on application 581. Matters to be taken into account 582. When decision is to be made 583. Refusal to grant major hazard facility licence process 584. Conditions of licence 585. Duration of licence 586. Licence document 587. Licence document to be available 588. Changes to information 589. Amendment imposed by regulator 590. Amendment on application by operator 591. Minor corrections to major hazard facility licence 592. Regulator to give amended licence document to operator 593. Operator to return licence 594. Replacement licence document 595. Regulator may renew licence 596. Application for renewal 597. Licence continues in force until application is decided 598. Provisions relating to renewal of licence 599. Status of major hazard facility licence during review 600. Transfer of major hazard facility licence 601. Cancellation of major hazard facility licence on operator's application 602. Suspension or cancellation of licence on regulator's initiative 603. Matters to be taken into account 604. Notice to and submissions by operator 605. Notice of decision 606. Immediate suspension 607. Operator to return licence document 608. Regulator to return licence document after suspension Chapter 10 - Reserved PART 1 - Reserved 609. Reserved PART 2 - Reserved 610. Reserved Chapter 11 - General 676. Which decisions under these regulations are reviewable 677. Application 678. Application for internal review 679. Internal reviewer 680. Decision of internal reviewer 681. Decision on internal review 682. Internal review reviewable decision continues 683. Application for external review 684. General power to grant exemptions 685. Matters to be considered in granting exemptions 686. High risk work licence exemption 687. High risk work licence regulator to be satisfied about certain matters 688. Major hazard facility exemption 689. Major hazard facility regulator to be satisfied about certain matters 690. Application for exemption 691. Conditions of exemption 692. Form of exemption document 693. Compliance with conditions of exemption 694. Notice of decision in relation to exemption 695. Publication of notice of exemption 696. Notice of refusal of exemption 697. Amendment or cancellation of exemption 698. Notice of amendment or cancellation 699. Incident notification prescribed serious illnesses 700. Inspectors' identity cards 701. Review of decisions under the Act stay of decision 702. Confidentiality of information exception relating to administration or enforcement of other laws 702A. Infringement notices offences and penalties 702B. Application of non-model corresponding laws 702C. Refund of fees 703. Reserved SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 SCHEDULE 8 SCHEDULE 9 SCHEDULE 10 SCHEDULE 11 SCHEDULE 12 SCHEDULE 13 SCHEDULE 14 SCHEDULE 15 SCHEDULE 16 SCHEDULE 17 SCHEDULE 18 SCHEDULE 18a[ Note: This table has been automatically generated and may be incomplete. ]