Northern Territory Consolidated Regulations

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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS


TABLE OF PROVISIONS

CHAPTER 1--PRELIMINARY

   PART 1.1--INTRODUCTORY MATTERS

   1.      Citation  
   2.      Commencement  
   3.      Authorising provisions  
   4.      Repeal  
   5.      Definitions  
   6.      Determination of safety management system  
   6A.     Meaning of corresponding WHS law  
   7.      Meaning of person conducting a business or undertaking – persons excluded  
   8.      Meaning of supply  
   9.      Provisions linked to health and safety duties in Act  

   PART 1.2--APPLICATION

   10.     Application of the Act to dangerous goods and high risk plant  
   11.     Application of these Regulations  
   12.     Assessment of risk in relation to a class of hazards, tasks, circumstances or things  

   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 1--Work groups

   16.     Negotiations for and determination of work groups  
   17.     Matters to be taken into account in negotiations  

           Division 2--Health and safety representatives

   18.     Procedures for election of health and safety representatives  
   19.     Person conducting business or undertaking must not delay election  
   20.     Removal of health and safety representatives  
   21.     Training for health and safety representatives  

   PART 2.2--ISSUE RESOLUTION

   22.     Agreed procedure – minimum requirements  
   23.     Default procedure  

   PART 2.3--CESSATION OF UNSAFE WORK

   24.     Continuity of engagement of worker  

   PART 2.4--WORKPLACE ENTRY BY WHS ENTRY PERMIT HOLDERS

   25.     Training requirements for WHS entry permits  
   26.     Form of WHS entry permit  
   27.     Notice of entry – general  
   28.     Additional requirements – entry under section 117  
   29.     Additional requirements – entry under section 120  
   30.     Additional requirements – entry under section 121  
   31.     Register of WHS entry permit holders  

CHAPTER 3--GENERAL RISK AND WORKPLACE MANAGEMENT

   PART 3.1--MANAGING RISKS TO HEALTH AND SAFETY

   32.     Application of Part 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 1--Information, training and instruction

   39.     Provision of information, training and instruction  

           Division 2--General working environment

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

           Division 3--First aid

   42.     Duty to provide first aid  

           Division 4--Emergency plans

   43.     Duty to prepare, maintain and implement emergency plan  

           Division 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 6--Remote or isolated work

   48.     Remote or isolated work  

           Division 7--Managing risks from airborne contaminants

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

           Division 8--Hazardous atmospheres

   51.     Managing risks to health and safety  
   52.     Ignition sources  

           Division 9--Storage of flammable or combustible substances

   53.     Flammable and combustible material not to be accumulated  

           Division 10--Falling objects

   54.     Management of risk of falling objects  
   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  
   58.     Audiometric testing  
   59.     Duties of designers, manufacturers, importers and suppliers of plant  

   PART 4.2--HAZARDOUS MANUAL TASKS

   60.     Managing risks to health and safety  
   61.     Duties of designers, manufacturers, importers and suppliers of plant or structures  

   PART 4.3--CONFINED SPACES

           Division 1--Preliminary

   62.     Confined spaces to which this Part applies  
   63.     Application to emergency service workers  

           Division 2--Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure

   64.     Duty to eliminate or minimise risk  

           Division 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  
   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  
   79.     Specific requirements to minimise risk of fall  
   80.     Emergency and rescue procedures  

   PART 4.5--HIGH RISK WORK

           Division 1--Licensing of high risk work

              Subdivision 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 supervision  
   85.     Evidence of licence – duty of person conducting business or undertaking  

              Subdivision 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 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--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 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  

           Division 2--Accreditation of assessors

              Subdivision 1--Requirement to be accredited

   113.    Accreditation required to assess competency for high risk work licence  
   114.    Accredited assessor must act in accordance with accreditation  

              Subdivision 2--Accreditation process

   115.    Regulator may accredit assessors  
   116.    Application for accreditation  
   117.    Additional information  
   118.    Decision on application  
   119.    Matters to be taken into account  
   120.    Refusal to grant accreditation – process  
   121.    Conditions of accreditation  
   122.    Duration of accreditation  
   123.    Accreditation document  
   124.    Accreditation document to be available  

              Subdivision 3--Amendment of accreditation document

   125.    Changes to information  
   126.    Accredited assessor to return accreditation document  
   127.    Replacement accreditation document  
   128.    Voluntary surrender of accreditation  

              Subdivision 4--Renewal of accreditation

   129.    Regulator may renew accreditation  
   130.    Application for renewal  
   131.    Accreditation continues in force until application is decided  
   132.    Provisions relating to application  

              Subdivision 5--Suspension and cancellation

   133.    Regulator may suspend or cancel accreditation  
   134.    Suspension or cancellation of accreditation  
   135.    Matters to be taken into account  
   136.    Notice to and submissions by accredited assessor  
   137.    Notice of decision  
   138.    Immediate suspension  
   139.    Accredited assessor to return accreditation document  
   140.    Regulator to return accreditation document after suspension  

              Subdivision 6--Agreements with RTOs

   141.    Regulator may enter into agreement with RTO  

   PART 4.6--DEMOLITION WORK

           Division 1--Notice of demolition work

   142.    Notice of demolition work  

           Division 2--Licensing of demolition work

   143.    Demolition work required to be licensed  

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

           Division 1--Preliminary

   144.    Meaning of electrical equipment  
   145.    Meaning of electrical installation  
   146.    Meaning of electrical work  

           Division 2--General risk management

   147.    Risk management  

           Division 3--Electrical equipment and electrical installations

   148.    Electrical equipment and electrical installations to which this Division applies  
   149.    Unsafe electrical equipment  
   150.    Inspection and testing of electrical equipment  
   151.    Untested electrical equipment not to be used  

           Division 4--Electrical work on energised electrical equipment

   152.    Application of Division 4  
   153.    Persons conducting a business or undertaking to which this Division applies  
   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 5 Electrical equipment and installations and construction work -- additional duties
   163.    Duty of person conducting business or undertaking  

           Division 6--Residual current devices

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

           Division 7--Overhead and underground electric lines

   166.    Duty of person conducting a business or undertaking  

   PART 4.8--DIVING WORK

           Division 1--Preliminary

   167.    Purpose of Part 4.8  
           Division 2 General diving work -- fitness and competence of worker
   168.    Person conducting business or undertaking must ensure fitness of workers  
   169.    Certificate of medical fitness  
   170.    Duty to keep certificate of medical fitness  
   171.    Competence of worker – general diving work – general qualifications  
   171A.   Competence of worker – general diving work – additional knowledge and skill  
   172.    Competence of worker – incidental diving work  
   173.    Competence of worker – limited scientific diving work  
   174.    Competence of competent person supervising general diving work  
   175.    Evidence of competence – duty of person conducting business or undertaking  
           Division 3 Managing risks -- general diving work
   176.    Management of risks to health and safety  
   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--High risk diving work

   183.    Duties of person conducting business or undertaking  
   184.    Duty of worker – competence  

CHAPTER 5--PLANT AND STRUCTURES

   PART 5.1--GENERAL DUTIES FOR PLANT AND STRUCTURES

           Division 1--Preliminary

   185.    Application of Part 5.1 to plant  
   186.    Application of Part 5.1 to structures  

           Division 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 3--Duties of persons conducting businesses or undertakings that manufacture plant

   193.    Control of risk  
   194.    Guarding  
   195.    Information must be obtained and provided  

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

           Division 7--General duties of a person conducting a business or undertaking involving the management or control of plantNote for

              Subdivision 1--Management of risks

   203.    Management of risks to health and safety  

              Subdivision 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 3--Additional control measures for certain plant

   214.    Powered mobile plant – general control of risk  
   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 DESIGNSNOTES FOR PART

           Division 1--Application of Part 5.2

   227.    Application of Part 5.2  

           Division 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 3--Duties of a person conducting a business or undertaking

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

           Division 4--Duties of a person conducting a business or undertaking involving the management or control of plant

              Subdivision 1--Control measures for registered plant

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

              Subdivision 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 ropeways  
   241.    Annual inspection of amusement devices and passenger ropeways  
   242.    Logbook and manuals for amusement devices  

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

           Division 1--Plant designs to be registered

   243.    Plant design to be registered  
   244.    Altered plant designs to be registered  
   245.    Recognition of designs registered by corresponding regulator  

           Division 2--Items of plant to be registered

   246.    Items of plant to be registered  
   247.    Recognition of plant registered by corresponding regulator  

           Division 3--Registration process for plant designs

   248.    Application of Division 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 circumstances  
   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 4--Registration process for an item of plant

   264.    Application of Division 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--Changes to registration and registration documents

   281.    Application of Division  
   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 6--Cancellation of registration

   288A.   Application of Division  
   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  
   290.    Meaning of structure  
   291.    Meaning of high risk construction work  
   292.    Meaning of construction project  
   293.    Meaning of principal contractor  

   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 contractor  

   PART 6.3--DUTIES OF PERSON CONDUCTING BUSINESS OR UNDERTAKINGNOTE FOR PART

           Division 1--General

   297.    Management of risks to health and safety  
   298.    Security of workplace  
           Division 2 High risk construction work -- safe work method statements
   299.    Safe work method statement required for high risk construction work  
   300.    Compliance with safe work method statement  
   301.    Safe work method statement – copy to be given to principal contractor  
   302.    Review of safe work method statement  
   303.    Safe work method statement must be kept  

           Division 3--Excavation work

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

   PART 6.4--ADDITIONAL DUTIES OF PRINCIPAL CONTRACTOR

   307.    Application of Part 6.4  
   308.    Specific control measure – signage identifying principal contractor  
   309.    WHS management plan – preparation  
   310.    WHS management plan – duty to inform  
   311.    WHS management plan – review  
   312.    High risk construction worksafe 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 risks  

   PART 6.5--GENERAL CONSTRUCTION INDUCTION TRAINING

           Division 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 jurisdictions  

           Division 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 3--Duties of workers

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

CHAPTER 7--HAZARDOUS CHEMICALS

   PART 7.1--HAZARDOUS CHEMICALSNOTE FOR PART

           Division 1--Application of Part 7.1

   328.    Application of Part 7.1  

           Division 2--Obligations relating to safety data sheets and other matters

              Subdivision 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 sheetsresearch chemical, waste product or sample for analysis  
   332.    Emergency disclosure of chemical identities to registered medical practitioner  
   333.    Emergency disclosure of chemical identities to emergency service worker  
   334.    Packing hazardous chemicals  
   335.    Labelling hazardous chemicals  

              Subdivision 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 3--Obligations of persons conducting businesses or undertakings

   341.    Labelling hazardous chemicals – general requirement  
   342.    Labelling hazardous chemicalscontainers  
   343.    Labelling hazardous chemicalspipe work  
   344.    Person conducting business or undertaking to obtain and give access to safety data sheets  
   345.    Changes to safety data sheets  

           Division 3--Register and manifest of hazardous chemicals

              Subdivision 1--Hazardous chemicals register

   346.    Hazardous chemicals register  

              Subdivision 2--Manifest of Schedule 11 hazardous chemicals

   347.    Manifest of hazardous chemicals  
   348.    Regulator must be notified if manifest quantities to be exceeded  

           Division 4--Placards

   349.    Outer warning placards – requirement to display  
   350.    Placard – requirement to display  
           Division 5 Control of risk -- obligations of persons conducting businesses or undertakings

              Subdivision 1--General obligations relating to management of risk

   351.    Management of risks to health or safety  
   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 2--Spills and damage

   357.    Containing and managing spills  
   358.    Protecting hazardous chemicals from damage  

              Subdivision 3--Emergency plans and safety equipment

   359.    Fire protection and fire fighting equipment  
   360.    Emergency equipment  
   361.    Emergency plans  
   362.    Safety equipment  

              Subdivision 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 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 with experience  
   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 undertakings  
   378.    Health monitoring records  

           Division 7--Induction, information, training and supervision

   379.    Duty to provide supervision  

           Division 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 carcinogens  
   384.    Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens  
   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 9--Pipelines

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

   PART 7.2--LEADNOTE FOR PART

           Division 1--Lead process

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

           Division 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 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 4--Health monitoring

   405.    Duty to provide health monitoring before first commencing lead risk work  
   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 with relevant experience  
   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 undertakings  
   415.    Removal of worker from lead risk work  
   416.    Duty to ensure medical examination if worker removed from lead risk work  
   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  

   PART 8.3--MANAGEMENT OF ASBESTOS AND ASSOCIATED RISKS

   421.    Application of Part 8.3  
   422.    Asbestos to be identified or assumed at workplace  
   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 control  
   429.    Asbestos management plan  
   430.    Review of asbestos management plan  

   PART 8.4--MANAGEMENT OF NATURALLY OCCURRING ASBESTOS

   431.    Naturally occurring asbestos  
   432.    Asbestos management plan  
   433.    Review of asbestos management plan  
   434.    Training in relation to naturally occurring asbestos  

   PART 8.5--ASBESTOS AT THE WORKPLACE

           Division 1--Health monitoring

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

           Division 2--Training

   445.    Duty to train workers about asbestos  

           Division 3--Control on use of certain equipment

   446.    Duty to limit use of equipment  

   PART 8.6--DEMOLITION AND REFURBISHMENT

   447.    Application of Part 8.6  
   448.    Review of asbestos register  
   449.    Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment  
   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 premises  
   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 WORKNOTE FOR PART

   458.    Duty to ensure asbestos removalist is licensed  
   459.    Asbestos removal supervisor must be present or readily available  
   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 work  
   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 work  
   468.    Person with management or control of workplace must inform persons about asbestos removal work  
   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 equipment  
   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 licence  
   476.    Action if respirable asbestos fibre level too high  
   477.    Removing friable asbestos  

   PART 8.9--ASBESTOS-RELATED WORK

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

   PART 8.10--LICENSING OF ASBESTOS REMOVALISTS AND ASBESTOS ASSESSORS
           Division 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 2 Asbestos assessors -- requirement to be licensed
   489.    Requirement to hold asbestos assessor licence  
   490.    Recognition of asbestos assessor licences in other jurisdictions  

           Division 3--Licensing process

   491.    Who may apply for a 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 matters  
   499.    Class B asbestos removal licence – regulator to be satisfied about additional matters  
   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 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 the holder  
   512.    Licence holder to return licence  
   513.    Replacement licence document  
   514.    Voluntary surrender of licence  

           Division 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 matters  
   519.    Status of licence during review  

           Division 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 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 1--Application and interpretation

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

           Division 2--Requirement to be licensed

   535.    A major hazard facility must be licensed  

   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 FACILITIESNOTES FOR PART

           Division 1--Application of Part 9.3

   550.    Application of Part 9.3  

           Division 2--Safety case outline

   551.    Safety case outline must be provided  
   552.    Content  
   553.    Alteration  

           Division 3--Management of risk

   554.    Identification of major incidents and major incident hazards  
   555.    Safety assessment  
   556.    Control of risk  
   557.    Emergency plan  
   558.    Safety management system  
   559.    Review of risk management  

           Division 4--Safety case

   560.    Safety case must be provided  
   561.    Content  
   562.    Coordination for multiple facilities  
   563.    Review  

   PART 9.4--LICENSED MAJOR HAZARD FACILITIES -- RISK MANAGEMENTNOTE FOR PART

   564.    Identification of major incidents and major incident hazards  
   565.    Safety assessment  
   566.    Control of risk  
   567.    Emergency plan  
   568.    Safety management system  
   569.    Review of risk management  
   570.    Safety case – review  
   571.    Information for visitors  
   572.    Information for local community – general  
   573.    Information for local communitymajor incident  

   PART 9.5--CONSULTATION AND WORKERS' SAFETY ROLE

   574.    Safety role for workers  
   575.    Operator of major hazard facility must consult with workers  

   PART 9.6--DUTIES OF WORKERS AT LICENSED MAJOR HAZARD FACILITIES

   576.    Duties  

   PART 9.7--LICENSING OF MAJOR HAZARD FACILITIES

           Division 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 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 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 4--Transfer of major hazard facility licence

   600.    Transfer of major hazard facility licence  

           Division 5--Suspension and cancellation of major hazard facility licence

   601.    Cancellation of major hazard facility licence – on operator's application  
   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 10--MINES

   PART 10.1--PRELIMINARY MATTERS

   609.    Definitions  
   610.    Meaning of mine operator  

   PART 10.2--MINE OPERATOR'S DUTY OF CARE

   611.    Mine operator's duty of care  

   PART 10.3--RISK MANAGEMENT PLAN

           Division 1--Requirement for risk management plan

   612.    Requirement for risk management plan  
   613.    Content of risk management plan  
   614.    Certification of risk management plan  
   615.    Review of risk management plan  
   616.    Health monitoring program  

           Division 2--Duties relating to risk management planNote for Division

   617.    Duty to provide health monitoring for workers and former workers  
   618.    Duty to offer health monitoring to former worker  
   619.    How health monitoring to be provided  
   620.    Duty to provide training  
   621.    Duty to keep records  

CHAPTER 11--GENERAL

   PART 11.1--REVIEW OF DECISIONS UNDER THESE REGULATIONS

           Division 1--Reviewable decisions

   676.    Which decisions under these Regulations are reviewable  

           Division 2--Internal review

   677.    Application  
   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 3--External review

   683.    Application for external review  

   PART 11.2--EXEMPTIONS

           Division 1--General

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

           Division 2--High risk work licences

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

           Division 3--Major hazard facilities

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

           Division 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

           Division 1--General matters

   699.    Incident notification – prescribed serious illnesses  
   700.    Inspectors' identity cards  
   701.    Review of decisions under the Act – stay of decision  
   702.    Confidentiality of information – exception relating administration or enforcement of other laws  

           Division 2--Infringement notice offences

   703.    Definitions  
   704.    Infringement notice offence and prescribed amount payable  
   705.    When infringement notice may be given  
   706.    Contents of infringement notice  
   707.    Payment by cheque  
   708.    Withdrawal of infringement notice  
   709.    Application of Part 11.3  

CHAPTER 12--TRANSITIONAL PROVISIONS FOR WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) ACT 2011NOTE FOR CHAPTER

   PART 12.1--PRELIMINARY MATTERS

   710.    Definitions  
   711.    Interpretation Act not affected  

   PART 12.2--GENERAL RISKS AND WORKPLACE MANAGEMENT

   712.    Duty to provide first aid  
   713.    Duty to prepare, maintain and implement emergency plans  
   714.    Remote or isolated work  
   715.    Flammable or combustible materials not to be accumulated  
   716.    Falling objects  

   PART 12.3--HAZARDOUS WORK

   717.    Noise – audiometric testing  
   718.    Confined space entry permits  
   719.    Confined spaces – signage  
   720.    Confined spaces – communications, safety monitoring and emergency procedures  
   721.    Falls – management of risk  
   722.    Falls – specific requirements to minimise risk  
   723.    Falls – emergency and rescue procedures  
   724.    Demolition work – notice of work  
   725.    Electrical equipment – inspection and testing  
   726.    Electrical work on energised electrical equipment  
   727.    Residual current devices – use of socket outlets in hostile operating environments  
   728.    Residual current devices – testing  
   729.    Overhead and underground electric lines  

   PART 12.4--UPSTREAM DUTIES

   730.    Duties of designers  
   731.    Duties of manufacturers  
   732.    Duties of importers  
   733.    Duties of suppliers  
   734.    Duties of persons installing, constructing or commissioning plant or structures  
   735.    References to upstream duty provisions  

   PART 12.5--HIGH RISK WORK -- LICENSING AND ACCREDITATION

           Division 1--High risk work licences

   736.    Definitions  
   737.    Continuation of licences for high risk work  
   738.    Continuation of non-slewing mobile crane licences  
   738A.   Former Intermediate Boiler Operation licence  
   739.    Licences for high risk work in classes with changed competency requirements  
   740.    Conditions on converted licences  
   741.    Non-renewal of certain converted licences  
   742.    Existing licences suspended  
   743.    Unfinished applications for licences  
   744.    Applications for issue of reach stacker licences before 1 July 2015  
   745.    Applications for issue of other licences with new competency requirements before 1 July 2015  

           Division 2--Assessors

   746.    Registered assessors become accredited assessors  
   747.    Unfinished applications for registration  

   PART 12.6--DIVING WORK

   748.    Interpretation  
   749.    Medical certificates  
   750.    Competence of workers – general diving work  
   751.    Competence of persons supervising general diving work  
   752.    Management of risks to health and safety  
   753.    Appointment of competent persons to supervise diving work  
   754.    Dive plans  
   755.    Dive safety logs  
   756.    Record keeping  
   757.    High risk diving work – person conducting business or undertaking  
   758.    High risk diving work – competence of diver  

   PART 12.7--PLANT AND STRUCTURES

           Division 1--General duties for existing plant

   759.    Guarding  
   760.    Operational controls, emergency stops and warning devices  
   761.    Protective structures  
   762.    Scaffolds  
   763.    Major inspection of registered mobile cranes and tower cranes  
   764.    Operation of amusement devices  
   765.    Competent person for inspection of amusement devices  
   766.    Annual inspection of amusement devices  
   767.    Logbook and manuals for amusement devices  

           Division 2--Registration of plant designs and items of plant

              Subdivision 1--Plant designs

   768.    Continuation of registration of designs  
   769.    Conditions continued  
   770.    Unfinished applications for registration  
   771.    Old verification procedures may be used for 2 years  
   772.    Registration of designs for new classes of plant  

              Subdivision 2--Items of plant

   773.    Definition  
   774.    Continuation of registration of certificated items of plant  
   775.    Conditions continued  
   776.    Duration of converted registrations  
   777.    Unfinished applications for registration  
   778.    Registration of items of plant in new classes  
   779.    Competent person for plant inspections  

   PART 12.8--CONSTRUCTION WORK

           Division 1--Duties relating to construction work

   780.    Trenches  
   781.    Principal contractor – management plans  

           Division 2--General construction industry training

   782.    Definitions  
   783.    Continuation of existing cards  
   784.    Unfinished applications for registration  

   PART 12.9--HAZARDOUS CHEMICALS
           Division 1 Hazardous chemicals -- general

   786.    Introductory period for GHS  
   787.    Abandoned tanks  
   788.    Reports of health monitoring to regulator  
   789.    Pipeline builder's duties  
   790.    Management of risks – existing pipelines  
   791.    Lead risk work  

           Division 2--Manifests and notification

   792.    Definitions  
   793.    New manifest requirements for existing workplace  
   794.    Existing DG licence holders  
   795.    Existing manifests and notifications under NOHSC:1015  
   796.    Significant change of chemicals  

   PART 12.10--ASBESTOS

           Division 1--Duties in relation to asbestos

   797.    Asbestos registers and management plans  
   798.    Naturally occurring asbestos  
   799.    Training  
   800.    Demolition and refurbishment  
   801.    Nominated supervisors  
   802.    VET training for workers  
   803.    Asbestos removal control plans  
   804.    Information and access  
   805.    Decontamination and disposal of waste  
   806.    Clearance certificates  
   807.    Air-monitoring – class A asbestos removal work  
   808.    Independence of air monitoring  
   809.    Asbestos-related work  
   810.    Licence holder duties imposed on person conducting business or undertaking  

           Division 2--Licences

   811.    Definitions  
   812.    Continuation of Asbestos Removal licences  
   813.    Conditions on converted licences  
   814.    Non-renewal of converted licences  
   815.    Existing licences suspended  
   816.    Unfinished applications for Asbestos Removal licences  
   817.    Applications for issue of licences before 1 January 2015  
   818.    Requirement to be licensed and related obligations  

   PART 12.11--MAJOR HAZARD FACILITIES

   819.    Definitions  
   820.    Notifications continued  
   821.    Classifications continued as determinations  
   822.    Accepted safety reports continued as safety cases etc.  
   823.    Determined facilities without accepted safety reports  
   824.    Continuation of licence for facility with accepted safety report  
   825.    Application for renewal of DG licence made but not determined  
   826.    Renewal fees for converted major hazard facility licences  

   PART 12.12--MISCELLANEOUS

   827.    Keeping of documents  
   828.    Things done for purposes of continued provisions  
   829.    Recognition of interstate things  

CHAPTER 13--TRANSITIONAL PROVISIONS FOR WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) AMENDMENT REGULATIONS 2012

   830.    Definitions  
   831.    Application of Chapter 12 to mining operations  
   832.    Continuation of existing risk management plans  
   833.    Mine operator  

CHAPTER 14--TRANSITIONAL MATTERS FOR WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) AMENDMENT REGULATIONS 2016

   834.    Application of Chapter 6 to construction projects  
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           ENDNOTES


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