OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 (SR NO 22 OF 2017)

Victorian Numbered Regulations

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OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 (SR NO 22 OF 2017)

TABLE OF PROVISIONS

PART 1.1--INTRODUCTORY MATTERS

1. Objectives
2. Authorising provisions
3. Commencement
4. Revocation of existing Regulations
5. Definitions
6. Determinations of Authority
7. Act compliance notes
8. Independent contractors
9. Health and safety representatives
10. Designers, manufacturers and suppliers
11. Duties of self-employed persons
12. References to Parts

PART 1.2--INCORPORATED DOCUMENTS

13. Documents incorporated as in force from time to time
14. Publication date of amendments to certain incorporated documents
15. Date of effect of amendments to incorporated documents
16. Inconsistencies between provisions
17. Compliance with the GHS

PART 2.1--GENERAL DUTIES

18. Proper installation, use and maintenance of risk control measures
19. Medical examinations and health monitoring
20. Reports of health monitoring to be kept confidential
21. How to involve health and safety representatives in consultation

PART 2.2--ISSUE RESOLUTION PROCEDURES

22. Application of Part
23. Parties to the resolution of issues
24. Procedure for reporting issues
25. Procedure for resolving issues

PART 3.1--HAZARDOUS MANUAL HANDLING

26. Hazard identification
27. Control of risk
28. Review of risk control measures

PART 3.2--NOISE

Division 1--Duties of designers, manufacturers and suppliers of plant

29. Designers
30. Manufacturers
31. Suppliers

Division 2--Duties of employers

32. Determination of exposure to noise
33. Record of determinations
34. Control of exposure to noise
35. Hearing protector signs and labels
36. Review of risk control measures

Division 3--Audiometric tests and audiological examinations

37. Audiometric tests
38. Audiological examinations
39. Report of audiological examination
40. Test results and examination reports

PART 3.3--PREVENTION OF FALLS

Division 1--Introductory matters

41. Application of Part
42. Application to employers of emergency service employees

Division 2--Duties of employers

43. Hazard identification
44. Control of risk
45. Use of ladder as a control measure
46. Use of administrative control only
47. Use of plant to control risk
48. Review of risk control measures
49. Emergency procedures

PART 3.4--CONFINED SPACES

Division 1--Introductory matters

50. Application to employers of emergency service employees

Division 2--Duties of designers, manufacturers and suppliers of plant

51. Designers
52. Manufacturers
53. Suppliers

Division 3--Duties of employers andself-employed persons

54. Application of Division
55. Hazard identification
56. Control of risk
57. Isolation of plant and services
58. Atmosphere
59. Fire or explosion
60. Flammable gases or vapours
61. Signs
62. Review of risk control measures
63. Confined space entry permit
64. Employer to keep entry permits
65. Communication and initiation of emergency procedures
66. Procedures to indicate entry into confined space
67. Procedures to ensure exit from confined space
68. Record of exit from confined space
69. Emergency procedures
70. Emergency procedures—personal protective equipment
71. Emergency procedures—entry and exit for rescue
72. Emergency procedures—maintenance of plant
73. Information, instruction and training

PART 3.5--PLANT

Division 1--Introductory matters

74. Application of Part
75. Hazard identification may be for classes of plant

Division 2--Duties of designers of plant

76. Hazard identification
77. Guarding
78. Operator controls
79. Emergency stop devices
80. Warning devices
81. Designer must give information to manufacturer
82. Hazard identified in design during manufacture
83. Records and information
84. Record of standards or engineering principles used

Division 3--Duties of manufacturers of plant

85. Control of risk
86. Information must be given by a manufacturer
87. Records and information

Division 4--Duties of suppliers of plant

88. Application of Subdivision
89. Information to be given—new plant
90. Information to be given—used plant
91. Information to be given—scrap material
92. Roll-over protection on tractors
93. Inspection and maintenance
94. Records
95. Information must be obtained and given by agent

Division 5--Duties of employers andself-employed persons who use plant

96. Application of Division
97. Hazard identification
98. Control of risk
99. Specific risk control measures—Guarding
100. Specific risk control measures—Guarding and insulation from heat and cold
101. Specific risk control measures—Operator controls
102. Specific risk control measures—Emergency stop devices
103. Specific risk control measures—Warning devices
104. Specific risk control measures—Installation, etc. of plant
105. Use of plant
106. Record of inspection and maintenance
107. Plant not in use
108. Subdivision not to limit regulations 98 to 107
109. Powered mobile plant
110. Warning devices on powered mobile plant
111. Roll-over protection on tractors
112. Industrial lift trucks
113. Warning devices on industrial lift trucks
114. Electrical plant and electrical hazards
115. Plant used to lift or suspend loads
116. Lifts
117. Notice of rated capacity of lift
118. Scaffolds
119. Tower cranes
120. Employer or self-employed person to keep certain design information available
121. Review of risk control measures
122. Information, instruction and training
123. Information for persons involved in a plant activity
124. Notice of prescribed incidents

Division 6--Registration of plant designs

125. Plant designs to be registered
126. Altered plant designs to be registered
127. Recognition of interstate designs

PART 3.6--HIGH RISK WORK

Division 1--Requirement to be licensed

128. Person must not perform high risk work without licence
129. Employer must not allow unlicensed employee to perform high risk work
130. Exceptions to regulations 128 and 129
131. Recognition of interstate licences

Division 2--Training

132. Trainee to be under direct supervision
133. Person conducting training must ensure supervision

Division 3--Assessments of competency

134. How to obtain an assessment of competency
135. Method of assessment
136. Assessment instruments
137. Process for re-assessment
138. Person may work while application for high risk work licence or renewal is being processed

Division 4--Authorisation of assessors

139. Authorisation to carry out assessments of competency

PART 4.1--HAZARDOUS SUBSTANCES

Division 1--Introductory matters

140. Application of Part

Division 2--Duties of manufacturers and suppliers

141. Application of Division
142. Certain regulations not to apply
143. Determination of hazardous substances
144. Preparation of a safety data sheet
145. What must a safety data sheet contain?
146. Review and revision of safety data sheet
147. Duty to provide current safety data sheet
148. Duty to provide revised safety data sheet
149. Manufacturers and importing suppliers must label containers
150. Recognition of other labelling systems
151. Supplier must ensure container is labelled
152. Disclosure of chemical identity to registered medical practitioner

Division 3--Duties of employers andself-employed persons

153. Prohibited hazardous substances
154. Application of Subdivision
155. Safety data sheet to be obtained
156. Safety data sheet must be readily accessible
157. Information in safety data sheet must not be altered
158. Containers must be labelled
159. How long must a container be labelled?
160. Identification of hazardous substances in plant
161. Identification of containers of waste
162. Register of hazardous substances
163. Control of risk
164. Review of risk control measures
165. Exposure standard must not be exceeded
166. Atmospheric monitoring
167. Provision of results of atmospheric monitoring
168. Records of atmospheric monitoring
169. Health monitoring
170. Copy of report to Authority
171. Records of health monitoring

PART 4.2--SCHEDULED CARCINOGENIC SUBSTANCES

172. Application of Part
173. Supply of scheduled carcinogenic substances
174. Requirement to hold carcinogens licence
175. Records
176. Statement of work with scheduled carcinogenic substance

PART 4.3--LEAD

Division 1--Introductory matters

177. Application of Part
178. What is a lead process?
179. Women treated as being of reproductive capacity
180. Authority may determine lead process
181. Medical examinations and biological monitoring

Division 2--Duties of employers

182. Information to job applicants
183. Information to employees
184. Control of risk
185. Review of risk control measures
186. Lead exposure standard not to be exceeded
187. Provision of results of monitoring
188. Containment of lead
189. Cleaning methods
190. Prohibition on eating, drinking and smoking
191. Provision of changing and washing facilities
192. Laundering, disposal and removal of protective clothing
193. What is lead-risk work?
194. Identification of lead-risk work
195. Notice and recording of lead-risk work
196. Health monitoring before first starting lead-risk work
197. Health monitoring for work subsequently identified as lead-risk work
198. Frequency of biological monitoring
199. Removal from lead-risk work
200. Medical examination if removed from lead-risk work
201. Return after medical removal
202. Requirements for medical examinations
203. Information to go to Authority
204. Records

Division 3--Employee duties

205. Eating, drinking, smoking etc.

PART 4.4--ASBESTOS

Division 1--Introductory matters

206. Application of Part
207. Independent person
208. Asbestos-contaminated dust

Division 2--General requirements

209. Control risk of exposure—person who manages or controls workplace
210. Control risk of exposure—employer or self-employed person
211. Determination of employee's exposure
212. Results of atmospheric monitoring to be available
213. Analysis by approved asbestos laboratory

Division 3--Prohibitions under the Occupational Health and Safety Act 2004

214. Asbestos removal work
215. Removal of contaminated protective clothing
--Divisions 7 and 8 have specific requirements relating to the disposal and laundering of asbestos-contaminated clothing.
216. Use of certain tools or instruments

Division 4--Prohibitions under theDangerous Goods Act 1985

217. General exclusions
218. Manufacture of asbestos
219. Supply of asbestos
220. Storage of asbestos
221. Transport of asbestos
222. Sale of asbestos
223. Use of asbestos
224. Re-use, installation and replacement of asbestos

Division 5--Asbestos in workplaces

225. Application of Division
226. Identification of asbestos
227. Asbestos register
228. Asbestos register to be kept current
229. Access to asbestos register
230. Provision of register by person relinquishing management or control
231. Control of risk
232. Review of risk control measures
233. Identification of asbestos
234. Information about risks to be given to person who manages or controls workplace
235. Employer's asbestos register
236. Employer's asbestos register to be kept current
237. Access to employer's asbestos register
238. Control of risk
239. Review of risk control measures

Division 6--Demolition and refurbishment where asbestos is present

240. Application of Division
241. Review of asbestos register
242. Review of employer's asbestos register
243. Copies of asbestos registers to be obtained
244. Identification and removal of asbestos before demolition or refurbishment
245. Determination of presence of asbestos
246. Requirements for asbestos removal work
247. Emergency procedures
248. Notice to Authority

Division 7--Removal of asbestos

249. Application of Division
250. Limited asbestos removal work
251. Training record
252. Self-employed persons performing limited asbestos removal work to have appropriate training
253. Asbestos register must be obtained
254. Protective clothing and protective equipment
255. Signs and barricades
256. Decontamination facilities and non-removal of personal protective clothing or equipment
257. Decontamination of equipment
258. Elimination of airborne asbestos fibres
259. Waste containment
260. Disposal of asbestos waste
261. Laundering of clothing contaminated with asbestos
262. Medical examinations
263. Results of medical examinations
264. Class A asbestos removal work
265. Class B asbestos removal work
266. Appointment of asbestos removal supervisors
267. Asbestos removal supervisor to be accessible
268. Information to job applicants and independent contractors
269. Persons performing asbestos removal work to be trained
270. Training record
271. Asbestos register to be obtained
272. Asbestos control plan
273. Asbestos control plan to be made available and accessible
274. Elimination of airborne asbestos fibres
275. Requirements in respect of airborne asbestos fibres
276. Protective clothing and protective equipment for persons performing asbestos removal work
277. Signs and barricades
278. Decontamination facilities
279. Waste containment
280. Disposal of asbestos waste
281. Laundering of clothing contaminated with asbestos
282. Medical examinations
283. Results of medical examinations
284. Application of Subdivision
285. Asbestos removal supervisor to be on-site
286. Specific measures to control risk
287. Asbestos paraoccupational air monitoring requirements
288. Results of asbestos paraoccupational air monitoring to be readily accessible
289. Use of glove bags
290. Requirements at the end of removal work
291. Application of Subdivision
292. Asbestos paraoccupational air monitoring
293. Results of monitoring to be made available
294. Requirements at end of removal work
295. Results of inspection and monitoring to go to licence holder
296. Independent person to have requisite knowledge, skills and experience
297. Clearance certificates
298. Notice of asbestos removal work
299. Notice in an unexpected situation
300. Information to be provided to those in area
301. Information to be provided to persons occupying premises in immediate and adjacent areas

Division 8--Activities involving asbestos

302. Application of Division
303. Identification of asbestos-related activities
304. Uncertainty as to presence of asbestos
305. Asbestos register must be obtained
306. Elimination of airborne asbestos fibres
307. Specific measures to control risk
308. Review of risk control measures
309. Work area to be separate and signed
310. Work area to be kept clean
311. Medical examinations
312. Results of atmospheric monitoring to be made available
313. Results of medical examinations
314. Decontamination facilities
315. Waste containment
316. Disposal of asbestos waste
317. Laundering of clothing contaminated with asbestos
318. Provision of information to job applicants
319. Training record

PART 5.1--CONSTRUCTION

Division 1--Introductory matters

320. Application of Part
321. What is construction work?
322. What is high risk construction work?
323. What is a structure?
324. What is a safe work method statement?

Division 2--Control of risk

325. Control of risk
326. Review of risk control measures
327. Safe work method statement required for high risk construction work
328. Safe work method statement to be reviewed and revised
329. Copy of safe work method statement to be kept
330. Site-specific training
331. Emergency procedures
332. Application of Subdivision
333. Who is the principal contractor for a construction project?
334. Signage of principal contractor
335. Health and safety co-ordination plans
336. Content of health and safety co-ordination plans
337. Health and safety co-ordination plan available for inspection

Division 3--Construction induction training

338. Application of Division
339. Construction induction training to be provided
340. Requirement to hold a current construction induction card
341. Employer must not allow a person to perform construction work unless the person holds a current construction induction card
342. Exemptions
343. Offence to refuse to accept a current construction induction card
344. Application for construction induction card
345. Authority may refuse to recognise or accept a construction statement of attainment obtained by fraud
346. Construction induction card
347. Construction induction card to be of unlimited duration
348. Destruction, loss and replacement of construction induction cards
349. Lapse of construction induction cards
350. Authority may cancel construction induction card based on false or misleading information
351. Authority may cancel construction induction card on request
352. Construction induction card to be kept available
353. Changes to information provided

Division 4--Notice of construction excavation work

354. Application of Division
355. Requirement to notify intention to perform construction excavation work

PART 5.2--MAJOR HAZARD FACILITIES

Division 1--Introductory matters

356. Application of Part
357. Schedule 14 materials

Division 2--Requirement to be licensed or registered

358. Only licensed or registered major hazard facility to be operated

Division 3--Authority may require information

359. Authority may require information

Division 4--Determination of major hazard facility

360. Operators of certain facilities to notify Authority
361. Changes to information provided
362. Inquiry before making determination
363. Authority may determine facility to be a major hazard facility—notice
364. Authority may determine facility to be a major hazard facility—own initiative
365. Written notice of determination
366. Effect of determination

Division 5--Duties of operator of a registered major hazard facility

367. Outline of safety case

Division 6--Safety duties of operators

368. Identification of major incidents and major incident hazards
369. Safety assessment
370. Operator to keep safety assessment available
371. Control of risk
372. Safety management system
373. Operator to keep safety management system available
374. Review of safety management system
375. Emergency plan
376. Emergency plan to be kept and sent to emergency services and municipal councils
377. Emergency plan must be tested
378. Emergency plan to be put into action if a major incident occurs
379. Review by operator
380. Safety role for employees

Division 7--Controls under Dangerous Goods Act 1985--Protection of property

381. Risk control measures
382. Property protection assessment
383. Review of property protection assessment

Division 8--Safety case

384. Operator to provide safety case
385. Content of safety case
386. Co-ordination of safety cases
387. Review of safety case

Division 9--Consulting, informing, instructing and training

388. Consultation with employees and health and safety representatives
389. Information, instruction and training
390. Record of training
391. Further information and access to documents
392. Response to employee alert at major hazard facility
393. Information and instruction to non-employees at the facility
394. Information to local community
395. Content of information
396. Consultation with municipal councils
397. Further information on request

Division 10--Duties of employees

398. General requirements

PART 5.3--MINES

Division 1--Introductory matters

399. What is a mine?
400. What is a mining hazard?
401. What is a prescribed mine?
402. Inquiry before making determination
403. Authority may determine that a mine is a prescribed mine

Division 2--Safety duties of mine operators

404. Identification of mining hazards and assessment of risk
405. Control of risk
406. Review by operator of a mine
407. Application of this Subdivision
408. Who may enter mine
409. Alcohol and drugs
410. Employee fatigue
411. Health monitoring
412. Report of health monitoring
413. Notice to Authority
414. Report provided on person ceasing work at mine
415. Communication in the event of an employee working alone
416. Communication in respect of shift change-over
417. Application of this Subdivision
418. Safety management system
419. Operator to keep safety management system available
420. Review of safety management system
421. Safety assessment of major mining hazards
422. Operator to keep safety assessment available
423. Testing risk control measures for major mining hazards
424. Safety role for employees
425. Shafts and winding
426. Progress of mine workings
427. Emergency exit
428. Filling
429. Working environment
430. Ventilation system
431. Record of monitoring and testing
432. Prohibitions
433. Emergency plan
434. Emergency plan to be kept and sent to emergency services and municipal councils
435. Emergency plan must be tested
436. Self-rescue
437. Plan of mine
438. Plan of mine to be available for inspection

Division 3--Consultation and information

439. Consultation with employees and health and safety representatives
440. Information about adoption of risk control measure
441. Information, instruction and training
442. Record of training
443. Further information and availability of documents in respect of prescribed mines
444. Response to employee alert at prescribed mine
445. Information and instruction to non-employees
446. Information to job applicants

Division 4--Duties of employees

447. General requirements
448. Major mining hazards in prescribed mines

PART 6.1--LICENCES

Division 1--Applications

449. Matters to be included in licence application
450. Application fees—high risk work licences
451. Application fees—asbestos removal licences
452. Matters to be satisfied before licence can be granted
453. Time for processing licence application
454. Authority may request additional information
455. Procedure if the Authority proposes to refuse to grant licence
456. Form of evidence of licence document
457. When licence starts and ends
458. Additional information to be included in high risk work licence application
459. Additional matters to be satisfied before high risk work licence can be granted
460. Restriction on who may apply for asbestos removal licence
461. Scope of licence
462. Additional information to be included in asbestos removal licence application
463. Additional matters to be satisfied before asbestos removal licence can be granted
464. Restriction on who may apply for carcinogens licence
465. Additional information to be included in carcinogens licence application
466. Fee to be paid before a carcinogens licence can be granted
467. Restriction on who may apply for major hazard facility licence
468. Time limit for applications in relation to a registered major hazard facility
469. Additional information to be included in major hazard facility licence application
470. Additional matters to be satisfied before major hazard facility licence can be granted
471. Additional time limits for notifying applicants
472. Fee to be paid before major hazard facility licence can be granted

Division 2--Other provisions concerning a licence

473. Authority may impose terms and conditions on licence
474. Licence holder must comply with terms and conditions
475. Changes to information given in relation to a licence
476. Licence holder to keep evidence of licence available
477. Replacement of lost, stolen or destroyed licence documents
478. Nomination of additional asbestos removal supervisors
479. Transfer of a major hazard facility licence
480. Notice of major hazard facility licence details in the Government Gazette
481. Additional requirements concerning availability of copy of major hazard facility licence

Division 3--Amendment of licence

482. Authority may amend licence unilaterally
483. Authority may amend licence at the request of the licence holder
484. Evidence of licence document to be returned on request if licence amended

Division 4--Renewal of licence

485. Application for the renewal of licence (except a high risk work licence)
486. Notice of intention to renew or refuse to renew a licence (except a high risk work licence)
487. Procedure if the Authority proposes to refuse to renew licence (except a high risk work licence)
488. Additional time limits for notifying applicants
489. Time in which licence continues to have effect
490. Application for the renewal of high risk work licence
491. Combining interstate and Victorian high risk work licences on renewal
492. Renewal fees for certain licences
493. Fee to be paid before carcinogens licence can be renewed
494. Additional information required for the renewal of major hazard facility licence
495. Fee to be paid before major hazard facility licence can be renewed

Division 5--Suspension and cancellation of a licence

496. Grounds for suspension or cancellation
497. Matters that may be taken into account
498. Automatic suspension or cancellation of a high risk work licence
499. Process for suspending or cancelling a licence in all other cases
500. Extension of date of suspension or cancellation if review sought
501. Partial suspension or cancellation of high risk work licence
502. Flow on suspension or cancellation of some classes of high risk work licence
503. Authority may grant alternative asbestos removal licence
504. Inquiry into an interstate high risk work licence
505. Request to suspend or cancel licence
506. Evidence of licence document of suspended or cancelled licence must be surrendered on demand

PART 6.2--REGISTRATION

Division 1--Application of Part

507. Application of this Part

Division 2--Registration of plant designs

508. Application for registration of plant design
509. Information to be included in application for registration of plant design
510. Duties of various persons associated with design verification
511. Authority to notify applicant of deferral
512. Notice of registration
513. Registration to be of unlimited duration

Division 3--Registration of a major hazard facility

514. Eligibility to apply for registration to operate a major hazard facility
515. Registration of a major hazard facility
516. Notice of registration
517. Registration expiry date
518. Variation of registration expiry date
519. Expiry of registration

Division 4--Withdrawal of registration

520. Authority may withdraw registration based on false, misleading or incomplete information
521. Authority may withdraw registration on request

Division 5--General

522. Evidence of registration to be kept available
523. Changes to registration information provided

PART 6.3--REVIEW OF DECISIONS

524. What is a reviewable decision?
525. What is a process review?
526. Who may apply for a process review
527. Time limits when applying for a process review
528. Review by the Authority
529. Process for new decisions to be started within 7 days
530. Right of Tribunal review
531. Notices of decisions must contain a copy of review rights

PART 7.1--ADMINISTRATIVE MATTERS

Division 1--Applications and notices

532. Form and information to be supplied
533. Return of incomplete applications or notices

Division 2--Notices

534. Means of giving written notice

Division 3--Submissions

535. Form of submissions to the Authority

Division 4--Entry permits for authorised representatives

536. Information to be included in entry permits

PART 7.2--EXEMPTIONS

537. Authority may grant exemptions from these Regulations
538. Exemptions in relation to high risk work
539. Who may apply for an exemption
540. Consultation
541. Applications
542. Grounds on which an exemption (other than in relation to high risk work) may be granted
543. Grounds on which an exemption in relation to high risk work may be granted
544. Conditions
545. Form and contents of exemptions
546. Notice of exemptions to be given to individual applicants
547. Notice of exemptions to be published
548. Additional obligation on the operator of a mine
549. Notice of refusal
550. Variation or revocation of exemption
551. Exemptions, revocations and variations not to have retrospective effect
552. Terms and conditions to be made available
553. Fee for considering exemption application

PART 8.1--GENERAL TRANSITIONAL PROVISIONS

554. Commencement day
555. General transitional provisions
556. Former Regulations
557. Licence classes for pressure equipment operation
558. Construction
559. Major hazard facilities—12 months transition period
560. Major hazard facilities—Other transition periods

PART 9.1--AMENDMENTS TO THE DANGEROUS GOODS (EXPLOSIVES) REGULATIONS 2011

561. Application
562. Safety management system
563. Application

PART 9.2--AMENDMENTS TO THE DANGEROUS GOODS (STORAGE AND HANDLING) REGULATIONS 2012

564. Definitions
565. Incorporation of references
566. Exemptions
567. Compliance with Occupational Health and Safety Regulations
568. Determination of dangerous goods
569. Marking and labelling—manufacturer and first supplier
570. Amendment to the heading to Division 2 of Part 3
571. Application to C1 combustible liquids
572. Amendments to regulation 19
573. Amendments to regulation 20
574. Amendments to regulation 21
575. Amendments to regulation 22
576. Information to registered medical practitioner
577. Identification of hazards
578. Clearing of decommissioned receptacles
579. Amendment to the heading to Division 6 of Part 4
580. Currency and accessibility
581. Transfer
582. Register of dangerous goods
583. Notification to Authority
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SCHEDULE 17
SCHEDULE 18
SCHEDULE 19
ENDNOTES

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