model-whs-regulations-dec2020.docx - Model Work Health and Safety Regulations as at 9 December 2019 As released by Safe Work Australia Published by the

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Unformatted text preview: Model Work Health and Safety Regulations as at 9 December 2019 As released by Safe Work Australia Published by the Parliamentary Counsel’s Committee This is a consolidated version of the Model Work Health and Safety Regulations. These Regulations are a national model law and are intended to provide the basis for nationally consistent work health and safety laws. These Regulations do not, by themselves, have any legal effect. Model Work Health and Safety Regulations Contents Page CHAPTER 1 PART 1.1 PRELIMINARY INTRODUCTORY MATTERS 1 1 1 Citation 1 2 Commencement 1 3 Authorising provisions 1 4 Revocation 1 5 Definitions 1 6 Determination of safety management system 33 7 Meaning of person conducting a business or undertaking—persons excluded 33 8 Meaning of supply 34 9 Provisions linked to health and safety duties in Act 34 PART 1.2 APPLICATION 35 10 Application of the Act to dangerous goods and high risk plant 35 11 Application of these Regulations 35 12 Assessment of risk in relation to a class of hazards, tasks, circumstances or things 35 PART 1.3 INCORPORATED DOCUMENTS 36 13 Documents incorporated as in force when incorporated 36 14 Inconsistencies between provisions 36 15 References to standards 36 CHAPTER 2 REPRESENTATION AND PARTICIPATION 37 PART 2.1 REPRESENTATION 37 Division 1 Work groups 37 16 Negotiations for and determination of work groups PCC [359] 9.12.2019 37 Model Work Health and Safety Regulations 17 Matters to be taken into account in negotiations Division 2 Health and safety representatives 37 38 18 Procedures for election of health and safety representatives 38 19 Person conducting business or undertaking must not delay election 38 20 Removal of health and safety representatives 39 20A Notice of entry for person assisting health and safety representative 39 21 40 Training for health and safety representatives PART 2.2 ISSUE RESOLUTION 41 22 Agreed procedure—minimum requirements 41 23 Default procedure 41 PART 2.3 24 CESSATION OF UNSAFE WORK Continuity of engagement of worker 43 43 PART 2.4 WORKPLACE ENTRY BY WHS ENTRY PERMIT HOLDERS 44 25 Training requirements for WHS entry permits 44 26 Form of WHS entry permit 44 27 Notice of entry—general 45 28 Additional requirements—entry under section 117 45 28A Exemption certificate—entry without notice under section 117 46 29 Additional requirements—entry under section 120 46 30 Additional requirements—entry under section 121 47 31 Register of WHS entry permit holders 47 CHAPTER 3 GENERAL RISK AND WORKPLACE MANAGEMENT 48 PART 3.1 MANAGING RISKS TO HEALTH AND SAFETY 48 32 Application of Part 3.1 48 33 Specific requirements must be complied with 48 34 Duty to identify hazards 48 35 Managing risks to health and safety 48 PCC [359] 9.12.2019 Model Work Health and Safety Regulations 36 Hierarchy of control measures 48 37 Maintenance of control measures 49 38 Review of control measures 49 PART 3.2 GENERAL WORKPLACE MANAGEMENT 51 Division 1 Information, training and instruction 51 39 Provision of information, training and instruction Division 2 51 General working environment 51 40 Duty in relation to general workplace facilities 51 41 Duty to provide and maintain adequate and accessible facilities 52 Division 3 42 First aid 53 Duty to provide first aid 53 Division 4 43 Emergency plans Duty to prepare, maintain and implement emergency plan Division 5 Personal protective equipment 54 54 55 44 Provision to workers and use of personal protective equipment 55 45 Personal protective equipment used by other persons 56 46 Duties of worker 56 47 Duty of person other than worker 57 Division 6 48 Remote or isolated work Remote or isolated work Division 7 Managing risks from airborne contaminants 57 57 58 49 Ensuring exposure standards for substances and mixtures not exceeded 58 50 Monitoring airborne contaminant levels Division 8 Hazardous atmospheres 58 59 51 Managing risks to health and safety 59 52 Ignition sources 59 Division 9 53 Storage of flammable or combustible substances Flammable and combustible material not to be accumulated PCC [359] 9.12.2019 60 60 Model Work Health and Safety Regulations Division 10 Falling objects 60 54 Management of risk of falling objects 60 55 Minimising risk associated with falling objects 60 CHAPTER 4 PART 4.1 HAZARDOUS WORK NOISE 62 62 56 Meaning of exposure standard for noise 62 57 Managing risk of hearing loss from noise 62 58 Audiometric testing 62 59 Duties of designers, manufacturers, importers and suppliers of plant 63 PART 4.2 HAZARDOUS MANUAL TASKS 65 60 Managing risks to health and safety 65 61 Duties of designers, manufacturers, importers and suppliers of plant or structures 65 PART 4.3 CONFINED SPACES 68 Division 1 Preliminary 68 62 Confined spaces to which this Part applies 68 63 Application to emergency service workers 68 Division 2 Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure 68 64 Duty to eliminate or minimise risk Division 3 Duties of person conducting business or undertaking 68 69 65 Entry into confined space must comply with this Division 69 66 Managing risks to health and safety 69 67 Confined space entry permit 70 68 Signage 71 69 Communication and safety monitoring 72 70 Specific control—connected plant and services 72 71 Specific control—atmosphere 73 72 Specific control—flammable gases and vapours 73 PCC [359] 9.12.2019 Model Work Health and Safety Regulations 73 Specific control—fire and explosion 74 74 Emergency procedures 74 75 Personal protective equipment in emergencies 75 76 Information, training and instruction for workers 76 77 Confined space entry permit and risk assessment must be kept 77 PART 4.4 FALLS 79 78 Management of risk of fall 79 79 Specific requirements to minimise risk of fall 80 80 Emergency and rescue procedures 81 PART 4.5 HIGH RISK WORK 83 Division 1 Licensing of high risk work 83 Subdivision 1 Requirement to be licensed 83 81 Licence required to carry out high risk work 83 82 Exceptions 83 83 Recognition of high risk work licences in other jurisdictions 84 84 Duty of person conducting business or undertaking to ensure direct supervision 84 Evidence of licence—duty of person conducting business or undertaking 85 85 Subdivision 2 Licensing process 86 86 Who may apply for a licence 86 87 Application for high risk work licence 87 88 Additional information 88 89 Decision on application 88 90 Matters to be taken into account 89 91 Refusal to grant high risk work licence—process 90 91A Conditions of licence 91 92 Duration of licence 91 93 Licence document 91 94 Licence document to be available 92 PCC [359] 9.12.2019 Model Work Health and Safety Regulations 95 Reassessment of competency of licence holder Subdivision 3 Amendment of licence document 92 92 96 Notice of change of address 92 97 Licence holder to return licence 93 98 Replacement licence document 93 99 Voluntary surrender of licence 94 Subdivision 4 Renewal of high risk work licence 94 100 Regulator may renew licence 94 101 Application for renewal 94 102 Licence continues in force until application is decided 94 103 Renewal of expired licence 95 104 Provisions relating to renewal of licence 95 105 Status of licence during review 95 Subdivision 5 Suspension and cancellation of high risk work licence 96 106 Suspension or cancellation of licence 96 107 Matters taken into account 97 108 Notice to and submissions by licence holder 98 109 Notice of decision 98 110 Immediate suspension 99 111 Licence holder to return licence document 100 112 Regulator to return licence document after suspension 100 Division 2 Accreditation of assessors Subdivision 1 Requirement to be accredited 100 101 113 Accreditation required to assess competency for high risk work licence 101 114 Accredited assessor must act in accordance with accreditation Subdivision 2 Accreditation process 101 101 115 Regulator may accredit assessors 101 116 Application for accreditation 102 117 Additional information 103 PCC [359] 9.12.2019 Model Work Health and Safety Regulations 118 Decision on application 103 119 Matters to be taken into account 104 120 Refusal to grant accreditation—process 105 121 Conditions of accreditation 105 122 Duration of accreditation 106 123 Accreditation document 106 124 Accreditation document to be available 107 Subdivision 3 Amendment of accreditation document 107 125 Changes to information 107 126 Accredited assessor to return accreditation document 107 127 Replacement accreditation document 108 128 Voluntary surrender of accreditation 109 Subdivision 4 Renewal of accreditation 109 129 Regulator may renew accreditation 109 130 Application for renewal 109 131 Accreditation continues in force until application is decided 109 132 Provisions relating to application 109 Subdivision 5 Suspension and cancellation 110 133 Regulator may suspend or cancel accreditation 110 134 Suspension or cancellation of accreditation 110 135 Matters to be taken into account 111 136 Notice to and submissions by accredited assessor 112 137 Notice of decision 112 138 Immediate suspension 113 139 Accredited assessor to return accreditation document 113 140 Regulator to return accreditation document after suspension 114 Subdivision 6 Agreements with RTOs 141 Regulator may enter into agreement with RTO PCC [359] 9.12.2019 114 114 Model Work Health and Safety Regulations PART 4.6 DEMOLITION WORK 115 Division 1 Notice of demolition work 115 142 Notice of demolition work Division 2 Licensing of demolition work 143 Demolition work required to be licensed 115 116 116 PART 4.7 GENERAL ELECTRICAL SAFETY IN WORKPLACES AND ENERGISED ELECTRICAL WORK 117 Division 1 Preliminary 117 144 Meaning of electrical equipment 117 145 Meaning of electrical installation 117 146 Meaning of electrical work 118 Division 2 General risk management 147 Risk management Division 3 Electrical equipment and electrical installations 119 119 119 148 Electrical equipment and electrical installations to which this Division applies 119 149 Unsafe electrical equipment 120 150 Inspection and testing of electrical equipment 120 151 Untested electrical equipment not to be used 121 Division 4 Electrical work on energised electrical equipment 152 Application of Division 4 122 122 153 Persons conducting a business or undertaking to which this Division applies 122 154 Electrical work on energised electrical equipment—prohibited 122 155 Duty to determine whether equipment is energised 122 156 De-energised equipment must not be inadvertently re-energised 123 157 Electrical work on energised electrical equipment—when permitted 123 158 Preliminary steps 124 159 Unauthorised access to equipment being worked on 125 160 Contact with equipment being worked on 125 PCC [359] 9.12.2019 Model Work Health and Safety Regulations 161 How the work is to be carried out 125 162 Record keeping 126 Division 5 Electrical equipment and installations and construction work —additional duties 127 163 Duty of person conducting business or undertaking Division 6 Residual current devices 127 128 164 Use of socket outlets in hostile operating environment 128 165 Testing of residual current devices 129 Division 7 Overhead and underground electric lines 166 Duty of person conducting a business or undertaking 130 130 PART 4.8 DIVING WORK 131 Division 1 Preliminary 131 167 Purpose of Part 4.8 Division 2 131 General diving work—Fitness and competence of worker 131 168 Person conducting business or undertaking must ensure fitness of workers 131 169 Certificate of medical fitness 131 170 Duty to keep certificate of medical fitness 132 171 Competence of worker—general diving work—qualifications 132 171A skill Competence of worker—general diving work—knowledge and 133 172 Competence of worker—incidental diving work 133 173 Competence of worker—limited scientific diving work 134 174 Competence of competent person supervising general diving work 134 175 Evidence of competence—duty of person conducting business or undertaking Division 3 Managing risks—general diving work 134 135 176 Management of risks to health and safety 135 177 Appointment of competent person to supervise diving work 136 178 Additional control—dive plan 136 179 Dive plan must be complied with 137 PCC [359] 9.12.2019 Model Work Health and Safety Regulations 180 Additional control—dive safety log to be kept 137 181 Use of dive safety log 138 182 Record keeping 139 Division 4 High risk diving work 140 183 Duties of person conducting business or undertaking 140 184 Duty of worker—competence 141 CHAPTER 5 PLANT AND STRUCTURES 142 PART 5.1 GENERAL DUTIES FOR PLANT AND STRUCTURES 142 Division 1 Preliminary 142 185 Application of Part 5.1 to plant 142 186 Application of Part 5.1 to structures 142 Division 2 Duties of persons conducting businesses or undertakings that design plant 142 187 Provision of information to manufacturer 142 188 Hazard identified in design during manufacture 143 189 Guarding 143 190 Operational controls 145 191 Emergency stop controls 146 192 Warning devices 146 Division 3 Duties of persons conducting businesses or undertakings that manufacture plant 147 193 Control of risk 147 194 Guarding 148 195 Information must be obtained and provided 148 Division 4 Duties of persons conducting businesses or undertakings that import plant 149 196 Information to be obtained and provided by importer 149 197 Control of risk 150 PCC [359] 9.12.2019 Model Work Health and Safety Regulations Division 5 Duties of persons conducting businesses or undertakings that supply plant 150 198 Information to be obtained and provided by supplier 150 199 Supply of second-hand plant—duties of supplier 151 200 Second-hand plant to be used for scrap or spare parts 151 Division 6 Duties of persons conducting businesses or undertakings that install, construct or commission plant or structures 151 201 Duties of persons conducting businesses or undertakings that install, construct or commission plant 151 202 Duties of persons conducting businesses or undertakings that install, construct or commission structures 152 Division 7 General duties of a person conducting a business or undertaking involving the management or control of plant 152 Subdivision 1 153 Management of risks 203 Management of risks to health and safety Subdivision 2 Additional control measures for general plant 153 153 204 Control of risks arising from installation or commissioning 153 205 Preventing unauthorised alterations to or interference with plant 154 206 Proper use of plant and controls 154 207 Plant not in use 155 208 Guarding 155 209 Guarding and insulation from heat and cold 157 210 Operational controls 157 211 Emergency stops 158 212 Warning devices 159 213 Maintenance and inspection of plant 159 Subdivision 3 Additional control measures for certain plant 159 214 Powered mobile plant—general control of risk 160 215 Powered mobile plant—specific control measures 160 216 Roll-over protection on tractors 161 218 Industrial lift trucks 162 PCC [359] 9.12.2019 Model Work Health and Safety Regulations 219 Plant that lifts or suspends loads 163 220 Exception—Plant not specifically designed to lift or suspend a person 164 221 Plant used in connection with tree lopping 165 222 Industrial robots 165 223 Lasers 166 224 Pressure equipment 167 225 Scaffolds 168 226 Plant with presence-sensing safeguarding system—records 169 PART 5.2 ADDITIONAL DUTIES RELATING TO REGISTERED PLANT AND PLANT DESIGNS 171 Division 1 Application of Part 5.2 227 Application of Part 5.2 171 171 Division 2 Duty of person conducting a business or undertaking who designs plant to record plant design 171 228 Records and information 171 229 Record of standards or engineering principles used 172 230 Records to be available for inspection 172 Division 3 Duties of a person conducting a business or undertaking 173 231 Duty of persons conducting businesses or undertakings that manufacture plant 173 232 Duty of persons conducting businesses or undertakings that import plant 173 233 Duty of persons conducting businesses or undertakings that supply plant 173 234 Duty of persons conducting businesses or undertakings that commission plant 173 Division 4 Duties of a person conducting a business or undertaking involving the management or control of plant 174 Subdivision 1 Control measures for registered plant 174 235 Major inspection of registered mobile cranes and tower cranes 174 236 Lifts 175 PCC [359] 9.12.2019 Model Work Health and Safety Regulations 237 Records of plant Subdivision 2 ropeways 176 Control measures for amusement devices and passenger 176 238 Operation of amusement devices and passenger ropeways 176 239 Storage of amusement devices and passenger ropeways 177 240 Maintenance, inspection and testing of amusement devices and passenger ropeways 178 241 Annual inspection of amusement devices and passenger ropeways 178 242 Log book and manuals for amusement devices 180 PART 5.3 PLANT REGISTRATION OF PLANT DESIGNS AND ITEMS OF 181 Division 1 Plant designs to be registered 181 243 Plant design to be registered 181 244 Altered plant designs to be registered 181 245 Recognition of designs registered by corresponding regulator 181 Division 2 Items of plant to be registered 182 246 Items of plant to be registered 182 247 Recognition of plant registered by corresponding regulator 182 Division 3 Registration process for plant designs 182 248 Application of Division 3 182 249 Who can apply to register a plant design 182 250 Application for registration 182 251 Design verification statement 183 252 Who can be the design verifier 183 253 Duty of design verifier 184 254 Design verification statements not to be made in certain circumstances 184 255 Additional information 184 256 Decision on application 185 257 Refusal of registration—process 186 258 Conditions of registration 186 PCC [359] 9.12.2019 Model Work Health and Safety Regulations 259 Duration of registration of plant design 187 260 Plant design registration number 187 261 Registration document 187 262 Registration document to be available 188 263 Disclosure of design information 188 Division 4 Registration process for an item of plant 189 264 Application of Division 4 189 265 Who can apply to register an item of plant 189 266 Application for registration 189 267 When is a person competent to inspect plant 190 268 Additional information 190 269 Decision on application 190 270 Refusal of registration—process 192 271 Conditions of registration 192 272 Duration of registration 193 273 Plant registration number 193 274 Registration document 193 275 Registration document to be available 194 276 Regulator may renew registration 194 277 Application for renewal 194 278 Registration continues in force until application is decided 195 279 Decision on application 195 280 Status of registration during review 195 Division 5 Changes to registration and registration documents 196 281 Application of Division 196 282 Changes to information 196 283 Amendment of registration imposed by regulator 197 284 Amendment on application by registration holder 198 285 Minor corrections to registration 199 286 Regulator to give amended registration document 199 PCC [359] 9.12.2019 Model Work Health and Safety Regulations 287 Registration holder to return registration document 199 288 Replacement registration document 200 Division 6—Cancellation of registration 201 288A Application of Division 201 288B Regulator may cancel registration 201 288C Cancellation process 201 288D Registration holder to return registration document 202 CHAPTER 6 PART 6.1 CONSTRUCTION WORK PRELIMINARY 203 203 289 Meaning of construction work 203 290 Meaning of structure 204 291 Meaning of high risk construction work 205 292 Meaning of construction project 206 293 Meaning of principal contractor 206 PART 6.2 DUTIES OF DESIGNER OF STRUCTURE AND PERSON WHO COMMISSIONS CONSTRUCTION WORK 207 294 Person who commissions work must consult with designer 207 295 Designer must give safety report to person who commissions design 207 296 Person ...
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