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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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