Commonwealth Numbered Regulations - Explanatory Statements

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OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) (NATIONAL STANDARDS) AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 66

EXPLANATORY STATEMENT

Statutory Rules 1999 No. 66

Minister for Employment, Workplace Relations and Small Business

Occupational Health and Safety (Commonwealth Employment) Act 1991

Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 1999 (No. 1)

Subsection 82(1) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) provides that the Governor-General may make regulations required or permitted by the Act to be made. Section 23 of the Act provides that regulations may make provisions relating to any matter affecting the occupational health and safety of employees, contractors or other persons at or near a workplace

The Act provides for the health and safety of Commonwealth employees and others at work and establishes a framework within which Commonwealth employers, employees and involved unions cooperate to address health and safety issues.

To promote uniformity in Commonwealth, State and Territory occupational health and safety schemes, the National Occupational Health and Safety Commission develops national standards and codes of practice. These national standards and codes of practice are 'declared' under subsection 3 8(1) of the National Occupational Health and Safety Commission Act 1985 and may be given legislative force by relevant occupational health and safety legislation. The mechanism for giving legislative effect to the standards and codes for Commonwealth employees is found in section 70 of the Act.

Section 70 of the Act provides that 'declared' national standards and codes of practice, that are relevant to Commonwealth employment, should be incorporated either into approved codes of practice, or into regulations. The approved codes of practice provide Commonwealth employers with practical guidance in relation to the implementation of national standards. The regulations impose obligations arising from the national standards.

Currently Part 6 of the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations (the Regulations) incorporates national standards relating to the control of hazardous substances in the workplace. On 3 March 1999, two new codes of practice were approved by the Minister under section 70 of the Act. They are the:

*       Approved Code of Practice on the Control of Scheduled Carcinogenic Substances in Commonwealth Employment,

*       Approved Code of Practice on the Use of Inorganic Lead in Commonwealth Employment.

The regulations amend Part 6 of the Regulations to insert the regulatory provisions that:

*       prohibit the use of a number of hazardous substances with carcinogenic properties, except in specified permitted circumstances (Schedule 1, Part 2 inserted by item 35); and,

*       require a determination of whether a job is a lead-risk job where a job involves the use of an inorganic lead substance (item 23); and,

*       ensure that records are kept about an employee's exposure to inorganic lead and specified carcinogenic substances (Schedule IA), and that employees have access to those records (items 27, 28 and 29). -

The regulations also provide a method by which employers may be granted an exemption from the prohibition on the use of hazardous substances identified in Schedule 1 to the Regulations (item 22).

More details of the amending regulations are attached.

The regulations commence on gazettal.

ATTACHMENT

DETAILS OF THE OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) (NATIONAL STANDARDS) AMENDMENT REGULATIONS 1999 (No. 1)

Regulation 1 -        Name of regulations

This is a formal provision that provides the name for the amending regulations.

Regulation 2 -        Commencement

This regulation provides that the amending regulations would commence on gazettal.

Regulation 3 -       Amendment of Occupational Heath and Safety (Commonwealth

Employment) (National Standards) Regulations

Regulation 3 is a formal provision which provides that the Occupational Heath and Safety (Commonwealth Employment) (National Standards) Regulations (the Regulations) are amended as set out in Schedule 1.

SCHEDULE 1        Amendments

Item 1        Regulation 1.01

This provision omits the current citation provision in the regulations and inserts a new provision. New Regulation 1.01 provides that the Regulations may be cited as the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994. The year 1994 is the year when the Regulations were originally made.

Item 2        Part 6, Division 1, heading

The amendments provide a new Divisional structure for Part 6 of the Regulations. Currently Part 6 consists of three Divisions. Division 1 contains all the operative provisions while Divisions 2 and 3 do not contain any provisions. Divisions 2 and 3 were originally intended to cover carcinogenic substances and inorganic lead. As the amending regulations ensure that substantive provisions dealing with carcinogenic substances and inorganic lead will be dealt with by amending Division 1, the current Divisional structure is not necessary. As a result, this item removes a heading that is no longer necessary.

Item 3        Part 6, Division 1, Subdivision A, heading

Consistent with the new Divisional structure described above, this regulation removes the reference to Subdivision A, and inserts a new heading: 'Division 1 - Introduction'.

Item 4        Regulation 6.01, heading

Consistent with the new Divisional structure described above, this regulation replaces a reference to the 'Objects of Division V, with difference to the Objects of Part 6.

Item 5        Regulation 6.01

Consequential on the new Divisional structure described above, this amendment provides a reference to the Part, and not the Division.

Item 6        Regulation 6.01

Notes occurring after regulation 6.01 make reference to various documents that are incorporated into the Approved Code of Practice for the Control of Workplace Hazardous Substances.

This item amends the notes by including two new codes of practice that were approved by the Minister under section 70 of the Act, on 3 March 1999. They are the:

*       Approved Code of Practice on the Control and Safe Use of Inorganic Lead in Commonwealth Employment; and

*       Approved Code of Practice on the Control of Scheduled Carcinogenic Substances in Commonwealth Employment.

Item 7        Regulation 6.02, heading

Consistent with the new Divisional structure described above, this item replaces a reference to the Division with a reference to the Part.

Item 8        Regulation 6.02(1)

Consistent with the new Divisional structure described above, this item replaces a reference to the Division with a reference to the Part.

Item 9        Regulation 6.02(2)

Consistent with the new Divisional structure described above, this item replaces a reference to the Division with a reference to the Part.

Item 10        Paragraph 6.02(2)(a)

This item corrects a technical error.

Item 11        Regulation 6.02(2)

Consistent with the new Divisional structure described above, this item replaces a reference to the Division with a reference to the Part.

Item 12        Regulation 6.03, heading

Regulation 6.03 contains a number of definitions that are used in Part 6 of the Regulations. Consistent with the new Divisional structure described above, this item replaces a reference to the Division, with a reference to the Part in the heading.

Item 13        Regulation 6.03

Consistent with the new Divisional structure described above, this item replaces a reference to the Division with a reference to the Part.

Item 14        Regulation 6.03, definition of hazardous substance, paragraph (b)

This item makes a technical amendment.

Item 15        Regulation 6.03, definition of hazardous substance, paragraph (b)

A definition of hazardous substance is included in regulation 6.03. Hazardous substance means a substance that is described in a list of Designated Hazardous Substances, produced by the National Occupational Health and Safety Commission (NOHSC), or has been determined

cup to be a hazardous substance by reference to criteria approved by NOHSC.

This item amends the definition hazardous substance so that it also includes a 'scheduled carcinogenic substance'. The expression 'scheduled carcinogenic substance' refers to a substance listed in Schedule 1A to the Regulations. Schedule IA is inserted by Item 34 of the amending regulations.

Item 16        Regulation 6.03

This item adds a number of new definitions including blood-lead level, bona fide research, inorganic lead substance, lead-risk job and removal level.

Item 17        Regulation 6.03

Consequent on the new Divisional structure explained above this item replaces the existing heading with: 'Division 2 - Duties of a manufacturer, and a supplier, of a hazardous substance for the Commonwealth'.

Item 18        Paragraph 6.06(2)(a)

Subregulation 6.06(1) of the Regulations requires a supplier of a hazardous substance to give to an employer certain safety information concerning the substance. Subregulation 6.06(2) of the Regulations provides an exception to this requirement, including where the substance is supplied to certain employers in a consumer package that holds less than a prescribed weight or quantity of the substance.

This item amends subregulation 6.06(2) to make clear that the exception applies where it is the supplier that supplies the hazardous substance to the employer.


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