Tasmanian Numbered Regulations Tasmanian Numbered Regulations
- (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. ]