Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 216

Roll - over protection on tractors

  (1)   The person with management or control of a tractor at a workplace must ensure that the tractor is not used unless it is securely fitted with a rollover protective structure.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (2)   If a tractor is used in a place that is too low for the tractor to work while it is fitted with a roll - over protective structure, the structure may be lowered or removed for the period during which the tractor is used in such a situation (but only if other measures to minimise the risk of roll - over are in place).

  (3)   This regulation does not apply if the tractor is:

  (a)   installed in a fixed position, and in a manner which would no longer permit it to be used as powered mobile plant; or

  (b)   a tractor with a mass of less than 560 kilograms or a mass of 15   000 kilograms or more; or

  (c)   being used for a historical purpose or activity.

  (4)   In this regulation:

"historical purpose or activity" , in relation to the use of a tractor, includes an activity ancillary to a historical activity.

Examples:

1       Historical activity : a historical display, parade, demonstration or re - enactment.

2       Activity ancillary to a historical activity : restoring, maintaining, modifying or housing a tractor used, or to be used, for a historical activity.

"roll-over protective structure" means a structure designed to protect a tractor operator from injury if the tractor rolls over in any direction.

Note:   Regulations   214 and 215 also apply to a tractor.


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