Australian Capital Territory Numbered Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 (NO 36 OF 2011)

- made under the Work Health and Safety Act 2011

TABLE OF PROVISIONS

CHAPTER 1--PRELIMINARY

   PART 1.1--INTRODUCTORY MATTERS

   1.      Name of regulation  
   2.       Commencement  
   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,  
   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.     References to standards  

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  

   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 service 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  
   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

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

           Division 4.7.1--Preliminary

           Division 4.7.2--General risk management

           Division 4.7.3--Electrical equipment and electrical installations

           Division 4.7.4--Electrical work on energised electrical equipment

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

           Division 4.7.6--Residual current devices

           Division 4.7.7--Overhead and underground electric lines

   PART 4.8--DIVING WORK

           Division 4.8.1--Preliminary

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

           Division 4.8.3--Managing risks—general diving work

           Division 4.8.4--High risk diving work

CHAPTER 5--PLANT AND STRUCTURES

   PART 5.1--GENERAL DUTIES FOR PLANT AND STRUCTURES

           Division 5.1.1--Preliminary

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

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

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

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

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

           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

              Subdivision 5.1.7.2--Additional control measures for general plant

              Subdivision 5.1.7.3--Additional control measures for certain plant

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

           Division 5.2.1--Application—pt 5.2

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

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

           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

              Subdivision 5.2.4.2--Control measures for amusement devices

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

           Division 5.3.1--Plant designs to be registered

           Division 5.3.2--Items of plant to be registered

           Division 5.3.3--Registration process for plant designs

           Division 5.3.4--Registration process for an item of plant

           Division 5.3.5--Changes to registration and registration documents

CHAPTER 6--CONSTRUCTION WORK

   PART 6.1--PRELIMINARY

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

   PART 6.3--DUTIES OF PERSON CONDUCTING BUSINESS OR UNDERTAKING

           Division 6.3.1--General

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

           Division 6.3.3--Excavation Work

   PART 6.4--ADDITIONAL DUTIES OF PRINCIPAL CONTRACTOR

   PART 6.5--GENERAL CONSTRUCTION INDUCTION TRAINING

           Division 6.5.1--General construction induction training requirements

           Division 6.5.2--General construction induction training cards

           Division 6.5.3--Duties of workers

CHAPTER 11--GENERAL

   PART 11.1--REVIEW OF DECISIONS UNDER THIS REGULATION

           Division 11.1.1--Reviewable decisions

           Division 11.1.2--Internal review

           Division 11.1.3--External review

   PART 11.2--EXEMPTIONS

           Division 11.2.1--General

           Division 11.2.2--High risk work licences

           Division 11.2.4--Exemption process

   PART 11.3--MISCELLANEOUS

CHAPTER 20--TRANSITIONAL

   PART 20.1--DEFINITIONS

   PART 20.2--GENERAL

   PART 20.3--WORK SAFETY REGULATION 2009

   PART 20.4--OCCUPATIONAL HEALTH AND SAFETY (CERTIFICATION OF PLANT USERS AND OPERATORS) REGULATION 2000

   PART 20.5--EXPIRY
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
   DICTIONARY
   ENDNOTES


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