Australian Capital Territory Current Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Download] [Help]

WORK HEALTH AND SAFETY REGULATION 2011


TABLE OF PROVISIONS

CHAPTER 1--PRELIMINARY

   PART 1.1--INTRODUCTORY MATTERS

   1.      Name of regulation  
   5.      Dictionary  
   6A.     Offences are offences of strict liability  
   6B.     Offences against regulation—application of Criminal Code etc  
   7.      Meaning of person conducting a business or undertaking—persons  
   8.      Meaning of supply—Act, s 6 (3) (b)  
   9.      Provisions linked to health and safety duties in Act—Act, sch 3,  
   9A.     Meaning of corresponding WHS law—Act, dict  

   PART 1.2--APPLICATION

   10.     Application of the Act to dangerous goods and high risk plant—Act,  
   10A.    Application of the Act to dangerous goods—Act, sch 1, s 6,  
   11.     Application of this regulation  
   12.     Assessment of risk in relation to a class of hazards, tasks, circumstances or  

   PART 1.3--INCORPORATED DOCUMENTS

   13.     Documents incorporated as in force when incorporated  
   14.     Inconsistencies between provisions  
   15.     Disapplication of Legislation Act, s 47 (5) and (6)  

CHAPTER 2--REPRESENTATION AND PARTICIPATION

   PART 2.1--REPRESENTATION

           Division 2.1.1--Work groups

   16.     Negotiations for and determination of work groups  
   17.     Matters to be taken into account in negotiations—Act, s 52 (6) and  

           Division 2.1.2--Health and safety representatives

   18.     Procedures for election of health and safety  
   19.     Person conducting business or undertaking must not delay election  
   20.     Removal of health and safety  
   21.     Training for health and safety representatives—Act, s 72 (1) and s  
   21A.    Establishing a health and safety committee—major construction project—Act, s 75  
   21B.    Training for health and safety committee members—major construction  

   PART 2.2--ISSUE RESOLUTION

   22.     Agreed procedure—minimum requirements  
   23.     Default procedure—Act, s 81 (2)  

   PART 2.3--CESSATION OF UNSAFE WORK

   24.     Continuity of engagement of worker—Act, s 88  

   PART 2.4--WORKPLACE ENTRY BY WHS ENTRY PERMIT-HOLDERS

   25.     Training requirements for WHS entry permits—Act, s 131 and  
   26.     Form of WHS entry permit  
   27.     Notice of entry—general  
   28.     Additional requirements—entry under Act, s 117—Act,  
   29.     Additional requirements—entry under Act, s 120—Act,  
   30.     Additional requirements—entry under Act, s 121—Act,  
   31.     Register of WHS entry permit-holders—Act, s 151  

CHAPTER 3--GENERAL RISK AND WORKPLACE MANAGEMENT

   PART 3.1--MANAGING RISKS TO HEALTH AND SAFETY

   32.     Application—pt 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  

   PART 3.2--GENERAL WORKPLACE MANAGEMENT

           Division 3.2.1--Information, training and instruction

   39.     Provision of information, training and  

           Division 3.2.2--General working environment

   40.     Duty in relation to general workplace facilities  
   41.     Duty to provide and maintain adequate and accessible facilities  

           Division 3.2.3--First-aid

   42.     Duty to provide first-aid  

           Division 3.2.4--Emergency plans

   43.     Duty to prepare, maintain and implement emergency plan  

           Division 3.2.5--Personal protective equipment

   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  

           Division 3.2.6--Remote or isolated work

   48.     Remote or isolated work—Act, s 19  

           Division 3.2.7--Managing risks from airborne contaminants

   49.     Ensuring exposure standards for substances and mixtures not exceeded  
   50.     Monitoring airborne contaminant levels  

           Division 3.2.8--Hazardous atmospheres

   51.     Managing risks to health and safety—Act, s 19  
   52.     Ignition sources—Act, s 19  

           Division 3.2.9--Storage of flammable or combustible substances

   53.     Flammable and combustible substances not to be accumulated  

           Division 3.2.10--Falling objects

   54.     Management of risk of falling objects—Act, s 19  
   55.     Minimising risk associated with falling objects  

CHAPTER 4--HAZARDOUS WORK

   PART 4.1--NOISE

   56.     Meaning of exposure standard for noise  
   57.     Managing risk of hearing loss from noise—Act, s 19  
   58.     Audiometric testing  
   59.     Duties of designers, manufacturers, importers and suppliers of  

   PART 4.2--HAZARDOUS MANUAL TASKS

   60.     Managing risks to health and safety—Act, s 19  
   61.     Duties of designers, manufacturers, importers and suppliers of plant or  

   PART 4.3--CONFINED SPACES

           Division 4.3.1--Preliminary

   62.     Confined spaces to which this part applies  
   63.     Application to emergency services workers  

           Division 4.3.2--Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure

   64.     Duty to eliminate or minimise risk  

           Division 4.3.3--Duties of person conducting business or undertaking

   65.     Entry into confined space must comply with this division  
   66.     Managing risks to health and safety—Act, s 19  
   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  

   PART 4.4--FALLS

   78.     Management of risk of fall—Act, s 19  
   79.     Specific requirements to minimise risk of fall  
   80.     Emergency and rescue procedures  

   PART 4.5--HIGH RISK WORK

           Division 4.5.1--Licensing of high risk work

              Subdivision 4.5.1.1--Requirement to be licensed

   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  
   85.     Evidence of licence—duty of person conducting business or  

              Subdivision 4.5.1.2--Licensing process

   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  
   91A.    Conditions of licence  
   92.     Duration of licence  
   93.     Licence document  
   94.     Licence document to be available  
   95.     Reassessment of competency of licence-holder  

              Subdivision 4.5.1.3--Amendment of licence document

   96.     Notice of change of address  
   97.     Licence-holder to return licence  
   98.     Replacement licence document  
   99.     Voluntary surrender of licence  

              Subdivision 4.5.1.4--Renewal of high risk work 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  

              Subdivision 4.5.1.5--Suspension and cancellation of high risk work
              licence

   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  

   PART 4.6--DEMOLITION WORK

   142.    Notice of demolition work  

   PART 4.7--GENERAL ELECTRICAL SAFETY IN WORKPLACES AND ENERGISED ELECTRICAL WORK

           Division 4.7.1--Preliminary

   144.    Meaning of electrical equipment—pt 4.7  
   145.    Meaning of electrical installation—pt 4.7  
   146.    Meaning of electrical work—pt 4.7  

           Division 4.7.2--General risk management

   147.    Risk management—Act, s 19  

           Division 4.7.3--Electrical equipment and electrical installations

   148.    Electrical equipment and electrical installations—div 4.7.3  
   149.    Unsafe electrical equipment  
   150.    Inspection and testing of electrical equipment  
   151.    Untested electrical equipment not to be used  

           Division 4.7.4--Electrical work on energised electrical equipment

   152.    Application—div 4.7.4  
   153.    Persons conducting a business or undertaking—div 4.7.4  
   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  

           Division 4.7.5--Electrical equipment and installations and construction work—additional duties

   163.    Duty of person conducting business or undertaking  

           Division 4.7.6--Residual current devices

   164.    Use of socket outlets in hostile operating environment  
   165.    Testing of residual current devices  

           Division 4.7.7--Overhead and underground electric lines

   166.    Duty of person conducting a business or undertaking  

   PART 4.8--DIVING WORK

           Division 4.8.1--Preliminary

   167.    Purpose—pt 4.8  

           Division 4.8.2--General diving work—fitness and competence of worker

   168.    Person conducting business or undertaking must ensure fitness of  
   169.    Certificate of medical fitness  
   170.    Duty to keep certificate of medical fitness  
   171.    Competence of worker—general diving work—general qualifications—Act, s  
   171A.   Competence of worker—general diving work—additional knowledge and  
   172.    Competence of worker—incidental diving  
   173.    Competence of worker—limited scientific diving  
   174.    Competence of competent person supervising general diving  
   175.    Evidence of competence—duty of person conducting business or  

           Division 4.8.3--Managing risks—general diving work

   176.    Management of risks to health and safety—Act, s 19  
   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  

           Division 4.8.4--High risk diving work

   183.    Duties of person conducting business or  
   184.    Duty of worker—competence—Act, s 44  

CHAPTER 5--PLANT AND STRUCTURES

   PART 5.1--GENERAL DUTIES FOR PLANT AND STRUCTURES

           Division 5.1.1--Preliminary

   185.    Application—pt 5.1 to plant  
   186.    Application—pt 5.1 to structures  

           Division 5.1.2--Duties of persons conducting businesses or undertakings that design plant

   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  

           Division 5.1.3--Duties of persons conducting businesses or undertakings that manufacture plant

   193.    Control of risk—Act, s 23  
   194.    Guarding  
   195.    Information must be obtained and provided  

           Division 5.1.4--Duties of persons conducting businesses or undertakings that import plant

   196.    Information to be obtained and provided by importer  
   197.    Control of risk  

           Division 5.1.5--Duties of persons conducting businesses or undertakings that supply plant

   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  

           Division 5.1.6--Duties of persons conducting businesses or undertakings that install, construct or commission plant or structures

   201.    Duties of persons conducting businesses or undertakings that install, construct or  
   202.    Duties of persons conducting businesses or undertakings that install, construct or  

           Division 5.1.7--General duties of a person conducting a business or undertaking involving the management or control of plant

              Subdivision 5.1.7.1--Management of risks

   203.    Management of risks to health and safety—Act, s 21  

              Subdivision 5.1.7.2--Additional control measures for general plant

   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  

              Subdivision 5.1.7.3--Additional control measures for certain plant

   214.    Powered mobile plant—general control of  
   215.    Powered mobile plant—specific control measures  
   216.    Roll-over protection on tractors  
   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  

   PART 5.2--ADDITIONAL DUTIES RELATING TO REGISTERED PLANT AND PLANT DESIGNS

           Division 5.2.1--Application—pt 5.2

   227.    Application—pt 5.2  

           Division 5.2.2--Duty of person conducting a business or undertaking who designs plant to record plant design

   228.    Records and information  
   229.    Record of standards or engineering principles used  
   230.    Records to be available for inspection  

           Division 5.2.3--Duties of a person conducting a business or undertaking

   231.    Duty of persons conducting businesses or undertakings that manufacture  
   232.    Duty of persons conducting businesses or undertakings that import  
   233.    Duty of persons conducting businesses or undertakings that supply  
   234.    Duty of persons conducting businesses or undertakings that commission  

           Division 5.2.4--Duties of a person conducting a business or undertaking involving the management or control of plant

              Subdivision 5.2.4.1--Control measures for registered plant

   235.    Major inspection of registered mobile cranes and tower cranes  
   236.    Lifts  
   237.    Records of plant  

              Subdivision 5.2.4.2--Control measures for amusement devices and passenger
              ropeways

   238.    Operation of amusement devices and passenger ropeways  
   239.    Storage of amusement devices and passenger ropeways  
   240.    Maintenance, inspection and testing of amusement devices and passenger  
   241.    Annual inspection of amusement devices and passenger ropeways  
   242.    Log book and manuals for amusement device  

   PART 5.3--REGISTRATION OF PLANT DESIGNS AND ITEMS OF PLANT

           Division 5.3.1--Plant designs to be registered

   243.    Plant design to be registered—Act, s 42  
   244.    Altered plant designs to be registered—Act, s 42  
   245.    Recognition of designs registered by corresponding regulator  

           Division 5.3.2--Items of plant to be registered

   246.    Items of plant to be registered—Act, s 42  
   247.    Recognition of plant registered by corresponding regulator  

           Division 5.3.3--Registration process for plant designs

   248.    Application—div 5.3.3  
   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  
   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  

           Division 5.3.4--Registration process for an item of plant

   264.    Application—div 5.3.4  
   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  

           Division 5.3.5--Changes to registration and registration documents

   281.    Application—div 5.3.5  
   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  

           Division 5.3.6--Cancellation of registration

   288A.   Application—div 5.3.6  
   288B.   Regulator may cancel registration  
   288C.   Cancellation process  
   288D.   Registration holder to return registration document  

CHAPTER 6--CONSTRUCTION WORK

   PART 6.1--PRELIMINARY

   289.    Meaning of construction work—ch 6  
   290.    Meaning of structure—ch 6  
   291.    Meaning of high risk construction work—ch 6  
   292.    Meaning of construction project—ch 6  
   293.    Meaning of principal contractor—ch 6  

   PART 6.2--DUTIES OF DESIGNER OF STRUCTURE AND PERSON WHO COMMISSIONS CONSTRUCTION WORK

   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  

   PART 6.3--DUTIES OF PERSON CONDUCTING BUSINESS OR UNDERTAKING

           Division 6.3.1--General

   297.    Management of risks to health and safety—Act, s 19  
   298.    Security of workplace  

           Division 6.3.2--High risk construction work—safe work method statements

   299.    Safe work method statement required for high risk construction  
   300.    Compliance with safe work method statement  
   301.    Safe work method statement—copy to be given to principal  
   302.    Review of safe work method statement  
   303.    Safe work method statement must be kept  

           Division 6.3.3--Excavation Work

   304.    Excavation work—underground essential services information  
   305.    Management of risks to health and safety associated with excavation  
   306.    Additional controls—trenches  

   PART 6.4--ADDITIONAL DUTIES OF PRINCIPAL CONTRACTOR

   307.    Application—pt 6.4  
   308.    Specific control measure—signage identifying principal  
   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  

   PART 6.5--GENERAL CONSTRUCTION INDUCTION TRAINING

           Division 6.5.1--General construction induction training requirements

   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  

           Division 6.5.2--General construction induction training cards

   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  

           Division 6.5.3--Duties of workers

   326.    Duties of workers  
   327.    Alteration of general construction induction training card  

CHAPTER 7 HAZARDOUS CHEMICALS
           PART 7.1 HAZARDOUS CHEMICALS

           --Division 7.1.1 Application—pt 7.1

   328.    Application—pt 7.1  

           --Division 7.1.2 Obligations relating to safety data sheets and other matters
           Subdivision 7.1.2.1 Obligations of manufacturers and importers

   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  
   332.    Emergency disclosure of chemical identities to registered medical  
   333.    Emergency disclosure of chemical identities to emergency service  
   334.    Packing hazardous chemicals  
   335.    Labelling hazardous chemicals  
           Subdivision 7.1.2.2 Obligations of suppliers
   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  
           Subdivision 7.1.2.3 Obligations of persons conducting businesses or undertakings
   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  
   345.    Changes to safety data sheets  

           --Division 7.1.3 Register and manifest of hazardous chemicals
           Subdivision 7.1.3.1 Hazardous chemicals register

   346.    Hazardous chemicals register  
           Subdivision 7.1.3.2 Manifest of Schedule 11 hazardous chemicals
   347.    Manifest of hazardous chemicals  
   348.    Regulator must be notified if manifest quantities to be exceeded  

           --Division 7.1.4 Placards

   349.    Outer warning placards—requirement to display  
   350.    Placard—requirement to display  

           --Division 7.1.5 Control of risk—obligations of persons conducting businesses or undertakings
           Subdivision 7.1.5.1 General obligations relating to management of risk

   351.    Management of risks to health or safety—Act, s 19  
   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  
           Subdivision 7.1.5.2 Spills and damage
   357.    Containing and managing spills  
   358.    Protecting hazardous chemicals from damage  
           Subdivision 7.1.5.3 Emergency plans and safety equipment
   359.    Fire protection and firefighting equipment  
   360.    Emergency equipment  
   361.    Emergency plans  
   362.    Safety equipment  
           Subdivision 7.1.5.4 Storage and handling systems
   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  

           --Division 7.1.6 Health monitoring

   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  
   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  
   378.    Health monitoring records  

           --Division 7.1.7 Induction, information, training and supervision

   379.    Duty to provide supervision  

           --Division 7.1.8 Prohibition, authorisation and restricted use

   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  
   384.    Authorisation to use, handle or store prohibited carcinogens and restricted  
   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  

           --Division 7.1.9 Pipelines

   389.    Management of risk by pipeline owner  
   390.    Pipeline builder's duties  
   391.    Management of risks to health and safety by pipeline  
           PART 7.2 LEAD

           --Division 7.2.1 Lead process

   392.    Meaning of lead process—pt 7.2  
   393.    Regulator may decide lead process  
   394.    Meaning of lead risk work—pt 7.2  
   395.    Duty to give information about health risks of lead process  

           --Division 7.2.2 Control of risk

   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  

           --Division 7.2.3 Lead risk work

   402.    Identifying lead risk work  
   403.    Notification of lead risk work  
   404.    Changes to information in notification of lead risk work  

           --Division 7.2.4 Health monitoring

   405.    Duty to provide health monitoring before first commencing lead risk  
   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  
   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  
   415.    Removal of worker from lead risk work  
   416.    Duty to ensure medical examination if worker removed from lead risk  
   417.    Return to lead risk work after removal  
   418.    Health monitoring records  

CHAPTER 8--ASBESTOS

   PART 8.1--PROHIBITIONS AND AUTHORISED CONDUCT

   419.    Work involving asbestos or ACM—prohibitions and exceptions  

   PART 8.2--GENERAL DUTY

   420.    Exposure to airborne asbestos at workplace—Act, s 19  

   PART 8.3--MANAGEMENT OF ASBESTOS AND ASSOCIATED RISKS

   421.    Application—pt 8.3  
   422.    Asbestos to be identified or assumed at workplace  
   422A.   Asbestos risk assessment  
   422B.   Asbestos risk assessment—review  
   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  
   429.    Asbestos management plan  
   430.    Review of asbestos management plan  

   PART 8.4--MANAGEMENT OF NATURALLY OCCURRING ASBESTOS

   431.    Naturally occurring asbestos—Act, s 20  
   432.    Naturally occurring asbestos—asbestos management plan  
   433.    Naturally occurring asbestos—review of asbestos management plan  
   434.    Training in relation to naturally occurring asbestos  

   PART 8.5--ASBESTOS AT THE WORKPLACE

           Division 8.5.1--Health monitoring

   435.    Duty to provide health monitoring  
   436.    Duty to ensure appropriate health monitoring provided  
   437.    Duty to ensure health monitoring supervised by registered medical practitioner with  
   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  
   444.    Health monitoring records  

           Division 8.5.2--Training

   445.    Duty to train workers about asbestos  

           Division 8.5.3--Control on use of certain equipment

   446.    Duty to limit use of equipment  

   PART 8.6--DEMOLITION AND REFURBISHMENT

   447.    Application—pt 8.6  
   448.    Review of asbestos register  
   449.    Duty to give asbestos register to person conducting business or undertaking of  
   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  
   454.    Emergency procedure  
   455.    Emergency procedure—residential premises  
   456.    Identification and removal of asbestos before refurbishment  
   457.    Refurbishment of residential premises  

   PART 8.7--ASBESTOS REMOVAL WORK

   458.    Duty to ensure asbestos removalist is licensed  
   459.    Asbestos removal supervisor must be present  
   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  
   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  
   468.    Person with management or control of workplace must inform persons about asbestos  
   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  
   473.    Clearance inspection  
   474.    Clearance certificates  

   PART 8.8--ASBESTOS REMOVAL REQUIRING CLASS A ASBESTOS REMOVAL LICENCE

   475.    Air monitoring—asbestos removal requiring Class A asbestos removal  
   476.    Action if respirable asbestos fibre level too high  
   477.    Removing friable asbestos  

   PART 8.9--ASBESTOS-RELATED WORK

   478.    Application—pt 8.9  
   479.    Uncertainty as to presence of asbestos  
   480.    Duty to give information about health risks of asbestos-related  
   481.    Asbestos-related work to be in separate area  
   482.    Air monitoring  
   483.    Decontamination facilities  
   484.    Disposing of asbestos waste and contaminated personal protective  

   PART 8.10--LICENSING OF ASBESTOS REMOVALISTS AND ASBESTOS ASSESSORS

           Division 8.10.1--Asbestos removalists—requirement to be licensed

   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  

           Division 8.10.2--Asbestos assessors—requirement to be licensed

   489.    Requirement to hold asbestos assessor licence  
   490.    Recognition of asbestos assessor licences in other jurisdictions  

           Division 8.10.3--Licensing process

   491.    Who may apply for 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  
   499.    Class B asbestos removal licence—regulator to be satisfied about additional  
   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  

           Division 8.10.4--Amendment of licence and licence document

   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 holder  
   512.    Licence-holder to return licence  
   513.    Replacement licence document  
   514.    Voluntary surrender of licence  

           Division 8.10.5--Renewal 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  
   519.    Status of licence during review  

           Division 8.10.6--Suspension and cancellation of licence

   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  

           Division 8.10.7--General

   527.    Asbestos removal licence register  
   528.    Asbestos assessors register  
   529.    Work must be supervised by named supervisor  

CHAPTER 9 MAJOR HAZARD FACILITIES
           PART 9.1 PRELIMINARY

           --Division 9.1.1 Application and interpretation

   530.    This chapter does not apply to certain facilities  
   531.    Meaning of major incident—ch 9  
   532.    Meaning of hazardous chemicals that are present or likely to be  
   533.    Meaning of operator of a facility or proposed  
   534.    Meaning of modification of a major hazard facility  

           --Division 9.1.2 Requirement to be licensed

   535.    A major hazard facility must be licensed—Act, s 41  
           PART 9.2 DETERMINATIONS ABOUT MAJOR HAZARD FACILITIES
   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  
           PART 9.3 DUTIES OF OPERATORS OF DETERMINED MAJOR HAZARD FACILITIES

           --Division 9.3.1 Application—pt 9.3

   550.    Application—pt 9.3  

           --Division 9.3.2 Determined major hazard facility—safety case outline

   551.    Safety case outline must be provided  
   552.    Safety case outline—content  
   553.    Safety case outline—alteration  

           --Division 9.3.3 Determined major hazard facility—management of risk

   554.    Determined major hazard facility—identification of major incidents and major incident  
   555.    Determined major hazard facility—safety assessment  
   556.    Determined major hazard facility—control of  
   557.    Determined major hazard facility—emergency plan  
   558.    Determined major hazard facility—safety management system  
   559.    Determined major hazard facility—review of risk management  

           --Division 9.3.4 Determined major hazard facility—safety case

   560.    Safety case must be provided  
   561.    Safety case—content  
   562.    Coordination for multiple facilities  
   563.    Review  
           PART 9.4 LICENSED MAJOR HAZARD FACILITIES--RISK MANAGEMENT
   564.    Licensed major hazard facility—identification of major incidents and major incident  
   565.    Licensed major hazard facility—safety assessment  
   566.    Licensed major hazard facility—control of  
   567.    Licensed major hazard facility—emergency plan  
   568.    Licensed major hazard facility—safety management system  
   569.    Licensed major hazard facility—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  
           PART 9.5 CONSULTATION AND WORKERS' SAFETY ROLE
   574.    Safety role for workers  
   575.    Operator of major hazard facility must consult with workers—Act, s 49  
           PART 9.6 DUTIES OF WORKERS AT LICENSED MAJOR HAZARD FACILITIES
   576.    Licensed major hazard facility—duties of workers  
           PART 9.7 LICENSING OF MAJOR HAZARD FACILITIES

           --Division 9.7.1 Licensing process

   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  

           --Division 9.7.2 Amendment of licence and licence document

   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  

           --Division 9.7.3 Renewal of major hazard facility licence

   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  

           --Division 9.7.4 Transfer of major hazard facility licence

   600.    Transfer of major hazard facility licence  

           --Division 9.7.5 Suspension and cancellation of major hazard facility licence

   601.    Cancellation of major hazard facility licence—on operator's  
   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 11--GENERAL

   PART 11.1--REVIEW OF DECISIONS UNDER THIS REGULATION

           Division 11.1.1--Reviewable decisions

   676.    Which decisions under this regulation are reviewable  

           Division 11.1.2--Internal review

   677.    Exemptions  
   678.    Application for internal review  
   679.    Internal reviewer  
   680.    Decision of internal reviewer  
   681.    Decision on internal review  
   682.    Internal review—reviewable decision continues  

           Division 11.1.3--External review

   683.    Application for external review  

   PART 11.2--EXEMPTIONS

           Division 11.2.1--General

   684.    General power to grant exemptions  
   685.    Matters to be considered in granting exemptions  

           Division 11.2.2--High risk work licences

   686.    High risk work licence—exemption  
   687.    High risk work licence—regulator to be satisfied about certain  

           --Division 11.2.3 Major hazard facilities

   688.    Major hazard facility—exemption  
   689.    Major hazard facility—regulator to be satisfied about certain  

           Division 11.2.4--Exemption process

   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  

   PART 11.3--MISCELLANEOUS

   699.    Incident notification—prescribed serious  
   700.    Inspectors' identity cards—Act, s 157 (1) (e)  
   701.    Review of decisions under the Act—stay of decision—Act, s  
   702.     Confidentiality of information—exception relating administration or enforcement of other  

CHAPTER 21--TRANSITIONAL—DANGEROUS SUBSTANCES (ASBESTOS SAFETY REFORM) LEGISLATION AMENDMENT ACT 2014

   818.    Meaning of commencement day—ch 21  
   819.    Asbestos assessor licence—Class A  
   820.    Asbestos assessor licence—Class B  
   821.    Asbestos removal licence—Class A  
   822.    Asbestos removal licence—Class B  
   823.    Asbestos register  
   824.    Asbestos management plans  
   825.    Occupational discipline—licensees  
   826.    Expiry—ch 21  
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           DICTIONARY
           ENDNOTES


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback