WORK HEALTH AND SAFETY REGULATION 2011

Queensland Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATION 2011

- Made under the Work Health and Safety Act 2011
- As at 22 March 2024
- Reg 240 of 2011

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

PART 1.1 - INTRODUCTORY MATTERS

1. Short title
2. Commencement
3. Section number not used
4. Section number not used
5. Definitions
6. Determination of safety management system
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 this regulation
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
20A. (Repealed)
21. Prescribed health and safety representative training
21A. Approving courses of training in work health and safety

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 2A - WORK HEALTH AND SAFETY OFFICERS

31A. Definitions for chapter
31B. Application to regulator for certificate of authority
31C. Deciding application
31D. Approved registered training organisation may grant certificate of authority
31E. Approving work health and safety officer courses and registered training organisations
31F. Expiry of certificate of authority

CHAPTER 3 - GENERAL RISK AND WORKPLACE MANAGEMENT

PART 3.1 - MANAGING RISKS TO HEALTH AND SAFETY

32. Application of pt 3.1
33. Specific requirements must be complied with
34. Duty to identify hazards
35. Management of risk
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 etc. 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

Division 11 - Psychosocial risks

55A. Meaning of psychosocial hazard
55B. Meaning of psychosocial risk
55C. Duty to manage psychosocial risks
55D. Determining control measures for psychosocial risks

CHAPTER 4 - HAZARDOUS WORK

PART 4.1 - NOISE

56. Meaning of exposure standard for noise
57. Managing risk of hearing loss from noise
58. (Repealed)
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
91A. Conditions of licence
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. Notice to and submissions by accredited assessor
136. Matters to be taken into account
137. Notice of decision
138. Immediate suspension
139. Accredited assessor to return accreditation document
140. Regulator to return accreditation document after suspension
Subdivision 5
141. Subdivision and section number not used

Division 3 - Licence and accreditation register

141A. Regulator may keep register

PART 4.6 - DEMOLITION WORK

Division 1 - Notice of demolition work

142. Notice of demolition work

Division 2 - Licence to carry out demolition work

143. Requirement to hold a licence to carry out demolition work
144. Nominated competent person must be present or readily available
144A. Recognition of licences to carry out demolition work issued in other jurisdictions

Division 3 - Licensing process

144B. Who may apply for a licence
144C. Application for licence to carry out demolition work
144D. Content of application
144E. Additional information
144F. Decision on application
144G. Regulator to be satisfied about additional matters
144H. Matters to be taken into account
144I. Refusal to grant licence—process
144J. Conditions of licence
144K. Duration of licence
144L. Licence document
144M. Licence document to be available

Division 4 - Amendment of licence document

144N. Changes to information
144O. Change to nominated supervisor
144P. Amendment imposed by regulator
144Q. Amendment on application by licence holder
144R. Minor corrections to licence
144S. Regulator to provide amended licence
144T. Licence holder to return licence
144U. Replacement licence document
144V. Voluntary surrender of licence

Division 4A - Renewal of licence

144VA. Regulator may renew licence
144VB. Application for renewal
144VC. Provisions relating to renewal of licence
144VD. Renewal of licence—regulator to be satisfied about particular matters
144VE. Status of licence during review

Division 5 - Suspension and cancellation of licence

144W. Suspension or cancellation of licence
144X. Matters taken into account
144Y. Notice to and submissions by licence holder
144Z. Notice of decision
144ZA. Immediate suspension
144ZB. Licence holder to return licence document
144ZC. Regulator to return licence document after suspension
PART 4.7
145. Part number and section numbers 145–166 not used

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
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 5.0 - PRELIMINARY

184A. Definition for ch 5

PART 5.1 - GENERAL DUTIES FOR PLANT AND STRUCTURES
Note—

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 plant
Note—

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 particular plant
Note—

214. Powered mobile plant—general control of risk
215. Powered mobile plant—specific control measures
216. Roll-over protection on tractors
217. (Repealed)
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
226A. Quad bikes—duty of person with management or control of quad bike at workplace
226B. Quad bikes—duty of worker
226C. Approved motorbike helmet required if quad bike operated in particular area

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

Division 1 - Application of part 5.2

227. Application of pt 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

238. Operation of amusement devices
239. Storage of amusement devices
240. Maintenance, inspection and testing of amusement device
241. Annual inspection of amusement device
241A. Major inspection of amusement device
242. Log book and manuals for amusement device
242A. Requirements of log book

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

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. Requirements for registration of items of plant
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 particular circumstances
255. Additional information
256. Decision on application
257. Refusal of registration—process
258. Conditions of registration
259. Registration of plant design granted for unlimited duration
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
272A. (Repealed)
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
279A. Duration of renewal
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 provide 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 UNDERTAKING
Note—

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
305A. (Repealed)
305B. (Repealed)
306. Additional controls—trenches

Division 4 - Additional controls—construction work

Subdivision 1 - Definitions

306A. Definitions

Subdivision 2 - Falls

306B. Definition for sdiv 2
306C. Risk of fall of less than 3m in housing construction work or less than 2m in other construction work or construction work on roof with slope not over 26°
306D. Risk of fall of at least 3m in housing construction work or at least 2m in other construction work or construction work on roof with a slope over 26°
306E. Edge protection as control measure
306F. Fall protection cover as control measure
306G. Travel restraint system as control measure
306H. Fall arresting platform as control measure
306I. Fall arrest harness system as control measure
306J. Safety net as control measure

Subdivision 3 - Ladders and platforms supported by ladders

306K. What work may be done from single or extension ladder
306L. Work on a ladder
306M. Ladders generally
306N. Work on platform supported by trestle ladders
306O. Platform supported by trestle ladders

Subdivision 4 - Scaffolding

306P. Erecting scaffolding
306Q. Dismantling scaffolding

PART 6.4 - ADDITIONAL DUTIES OF PRINCIPAL CONTRACTOR

Division 1 - Application

307. Application of pt 6.4

Division 2 - General duties

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 work—safe work method statements
313. Copy of WHS management plan must be kept
314. Further health and safety duties—specific sections
315. Further health and safety duties—specific risks
315A. Amenities

Division 3 - Duties relating to falling objects

315B. Application of div 3
315C. Definitions for div 3
315D. What is mesh for div 3
315E. Risk assessment and control measures for civil construction work and housing construction work
315F. Control measures for construction work that is not civil construction work or housing construction work
315G. Additional control measures if measured angle is 75° or more, other than for demolition work or work erecting or dismantling formwork
315H. Control measures for demolition work or work erecting or dismantling formwork
315I. Perimeter containment screening as control measure
315J. Catch platform as control measure
315K. Gantry as control measure
315L. Load lifted over adjoining area
315M. Closure of part or all of adjoining area

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

Division 1A - Recognition of general construction induction training cards issued in other jurisdictions

318. References to general construction induction training cards

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
325. RTO may enter agreement to issue cards

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 CHEMICALS
Note—

Division 1 - Application of part 7.1

328. Application of pt 7.1

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

Subdivision 1 - Obligations of manufacturers and importers
Notes—

329. Classification of hazardous chemicals
330. Manufacturer or importer to prepare and provide safety data sheets
331. Safety data sheets—research 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
Notes—

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 chemicals—containers
343. Labelling hazardous chemicals—pipe 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
Note—

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 firefighting 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

Subdivision 5 - (Repealed)

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 provide health monitoring report to worker
376. Duty to provide health monitoring report to regulator
377. Duty to provide health monitoring report to relevant persons conducting business 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 provided 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 - LEAD
Note—

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 provide health monitoring report to worker
413. Duty to provide health monitoring report to regulator
414. Duty to provide health monitoring report to relevant persons conducting business 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 pt 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 provide health monitoring report to worker
442. Duty to provide health monitoring report to regulator
443. Duty to provide health monitoring report to relevant persons conducting business or undertakings
444. Health monitoring records

Division 2 - Training

445. Duty to train workers about asbestos

Division 3 - Control on use of particular equipment

446. Duty to limit use of equipment

PART 8.6 - DEMOLITION AND REFURBISHMENT

447. Application of pt 8.6
448. Review of asbestos register
449. Duty to provide asbestos register
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 domestic premises
454. Emergency procedure
455. Emergency procedure—domestic premises
456. Identification and removal of asbestos before refurbishment
457. Refurbishment of domestic premises

PART 8.7 - ASBESTOS REMOVAL WORK
Note—

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 tell particular persons about intended asbestos removal work
468. Person with management or control of workplace must tell 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
474A. Obligations of licensed asbestos removalist in particular circumstances

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 pt 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 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 provide amended licence
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 particular 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. Asbestos removal work must be supervised

CHAPTER 9 - MAJOR HAZARD FACILITIES

PART 9.1 - PRELIMINARY

Division 1 - Application and interpretation

530. This chapter does not apply to particular 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 particular 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 FACILITIES
Notes—

Division 1 - Application of part 9.3

550. Application of pt 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 MANAGEMENT
Note—

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 community—major 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
583A. Conditions of licence—payment of relevant fee
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 provide amended licence document
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 9A - MAJOR AMUSEMENT PARKS

PART 9A.1 - PRELIMINARY

608A. Meaning of major amusement park
608B. Meaning of amusement device incident
608C. Meaning of operator of a major amusement park

PART 9A.2 - REQUIREMENT TO BE LICENSED

608D. Major amusement park must be licensed
608E. Time in which major amusement park licence must be applied for

PART 9A.3 - DUTIES OF OPERATORS OF MAJOR AMUSEMENT PARKS
Note—

Division 1 - Application of part

608F. Application of part

Division 2 - Safety case outline

608G. Safety case outline must be given
608H. Content
608I. Alteration
608J. Notice of material change

Division 3 - Management of risk

608K. Identification of amusement device incidents and amusement device hazards
608L. Safety assessment
608M. Control of risk
608N. Amusement device emergency plan
608O. Safety management system
608P. Review of risk management

Division 4 - Safety case

608Q. Amusement device safety case must be given
608R. Content
608S. Coordination for multiple major amusement parks
608T. Review

PART 9A.4 - LICENSED MAJOR AMUSEMENT PARKS—RISK MANAGEMENT
Note—

Division 1 - Continued risk management

608U. Identification of amusement device incidents and amusement device hazards
608V. Safety assessment
608W. Control of risk
608X. Amusement device emergency plan
608Y. Safety management system

Division 2 - Review of risk management

608Z. Obligations to review

PART 9A.5 - CONSULTATION AND WORKERS’ SAFETY ROLE

608ZA. Safety role for workers
608ZB. Operator of major amusement park must consult with workers—Act, s 49

PART 9A.6 - DUTIES OF WORKERS AT LICENSED MAJOR AMUSEMENT PARKS

608ZC. Duties

PART 9A.7 - LICENSING OF MAJOR AMUSEMENT PARKS

Division 1 - Licensing process

608ZD. Who may apply for a licence
608ZE. Application for major amusement park licence
608ZF. Additional information
608ZG. Decision on application
608ZH. Matters to be taken into account
608ZI. When decision is to be made
608ZJ. Refusal to grant major amusement park licence—process
608ZK. Conditions of licence—payment of relevant fee
608ZL. Conditions of licence
608ZM. Effect and duration of licence
608ZN. Licence document
608ZO. Licence document to be available

Division 2 - Amendment of licence and licence document

608ZP. Changes to information
608ZQ. Amendment imposed by regulator
608ZR. Amendment on application by operator
608ZS. Minor corrections to major amusement park licence
608ZT. Regulator to give amended licence document
608ZU. Operator to return licence
608ZV. Replacement licence document

Division 3 - Renewal of major amusement park licence

608ZW. Regulator may renew licence
608ZX. Application for renewal
608ZY. Licence continues in force until application is decided
608ZZ. Provisions relating to renewal of licence
608ZZA. Status of major amusement park licence during review

Division 4 - Transfer of major amusement park licence

608ZZB. Transfer of major amusement park licence

Division 5 - Cancellation and suspension of major amusement park licence

608ZZC. Cancellation of major amusement park licence—on operator’s application
608ZZD. Suspension or cancellation of licence—on regulator’s initiative
608ZZE. Matters to be taken into account
608ZZF. Notice to and submissions by operator
608ZZG. Notice of decision
608ZZH. Operator to return licence document
608ZZI. Regulator to return licence document after suspension

CHAPTER 10

609. Chapter number and section numbers 609–675 not used

CHAPTER 11 - GENERAL

PART 11.1 - REVIEW OF DECISIONS

Division 1 - Reviewable decisions

676. Which decisions 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 particular matters

Division 3 - Major hazard facilities

688. Major hazard facility—exemption
689. Major hazard facility—regulator to be satisfied about particular matters

Division 4 - Exemption process

690. Application for exemption
691. Conditions of exemption
692. Form of exemption documents
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

699. Incident notification—prescribed serious illnesses
700. Inspectors’ identity cards
701. Review of decisions under the Act—stay of decision
701AA. Fee for application for report relating to workers’ compensation self-insurance
701A. Prescribed Act—Act, s 271
701B. Fee waiver for registration of particular items of plant

CHAPTER 12 - PUBLIC HEALTH AND SAFETY—SCHEDULE 1, PART 1 OF ACT

PART 12.1 - PRELIMINARY

702. Definitions for ch 12

PART 12.2 - PRIMARY DUTY

703. Primary duty of care
704. Duty of officers
705. Duties of other persons at relevant premises
706. Reckless conduct
707. Failure to comply with health and safety duty
708. Failure to comply with health and safety duty

PART 12.3 - APPLIED PROVISIONS

709. Application of provisions
710. Modification of applied provisions

PART 12.4 - INCIDENT NOTIFICATION

711. Duty to notify of notifiable incidents
712. Duty to preserve incident sites

PART 12.5 - AUTHORISATIONS

713. Meaning of authorised
714. Requirements for authorisation of plant or substance
715. Requirement to comply with conditions of authorisation

CHAPTER 13 - TRANSITIONAL PROVISIONS

PART 13.1 - TRANSITIONAL PROVISIONS FOR WORK HEALTH AND SAFETY REGULATION 2011

Division 1 - Emergency plans

716. Lead in time for s 43 emergency plan

Division 2 - Falls

717. Staged introduction of s 80 emergency and rescue procedures

Division 3 - Plant and plant design

718. Existing registration—plant and plant design
719. Pending applications—plant and plant design
720. Provision for plant that on the commencement is not required to be registered under pt 5.3

Division 4 - High risk work

721. Definition for div 4
722. Existing licence—high risk work
723. Pending applications—high risk work
724. Applications for high risk work licence until 31 December 2014 if no VET course available
725. Applications for high risk work licence if statement of attainment and assessment summary held under repealed WHS regulation
726. Particular licence classes to include other licence classes
727. Existing exemption—high risk work
728. Pending exemption applications—high risk work
729. Revival of authority—applications under s 43 of the repealed WHS regulation
730. Existing licence issued before 1 July 2008—high risk work

Division 5 - Earthmoving and particular crane work

731. Cancellation of earthmoving or particular crane work certificate and withdrawal of applications

Division 6 - Certificate for prescribed activity that is demolition work

732. Existing certificate to perform demolition work continues as a transitional demolition work licence
733. Transitional demolition work licence and requirement for nominated supervisor
734. Transitional demolition work licence and requirement to train worker
735. Existing provisions about certificate process continue to apply for a transitional demolition work licence
736. Conditions for transitional demolition work licence

Division 7 - Accredited providers and approvals

737. Cancellation of certificate of appointment as accredited provider and withdrawal of applications
738. Training and assessment in high risk work under repealed WHS regulation
739. Existing approval—providing training and assessment for high risk work
740. Pending applications—providing training and assessment for high risk work
741. Cancellation of approval to provide training and assessment for earthmoving and particular crane occupation and withdrawal of applications

Division 8 - Certificates and licences

742. Replacement of existing certificates and licences
743. Suspension and cancellation of existing certificates and licences

Division 9 - Asbestos related provisions

744. Definitions for div 9
745. Existing friable asbestos certificate continues as a transitional class A asbestos removal licence
746. Transitional class A asbestos removal licence and requirement for nominated asbestos removal supervisor
747. Transitional class A asbestos removal licence and requirement to train worker
748. Existing provisions about certificate process continue to apply for a transitional class A asbestos removal licence
749. Conditions for transitional class A asbestos removal licence
750. Existing bonded asbestos removal certificate continues as transitional class B asbestos removal licence
751. Holder of transitional class B asbestos removal licence to notify change of address
752. Existing provisions about certificate process continue to apply for a transitional class B asbestos removal licence
753. Conditions for transitional class B asbestos removal licence
754. (Repealed)
755. Training requirement for worker under section 460(1) satisfied by alternative to certification
756. Application for class A asbestos removal licence when specified VET course unavailable for named supervisors
757. Application for class B asbestos removal licence when specified VET course unavailable for named supervisors
758. No need for asbestos register in particular transitional circumstances
759. No need for asbestos management plan in particular transitional circumstances
760. Transitional licensed asbestos assessor
761. Transitional competent person for ss 473 and 474 clearance inspection and certificates

Division 10 - Lead

762. Results of health surveillance

Division 11 - Construction work

763. General induction card
764. Work method statement taken to be safe work method statement
765. Construction safety plan taken to be WHS management plan

Division 12 - Miscellaneous

766. Keeping of documents
767. References to repealed WHS regulation

PART 13.2 - TRANSITIONAL PROVISIONS FOR DANGEROUS GOODS SAFETY MANAGEMENT REGULATION 2001

Division 1 - Preliminary

768. Definitions for pt 13.2

Division 2 - Major hazard facilities

769. Existing major hazard facility
770. Existing notification of facility awaiting chief executive decision
771. Existing major hazard facility with validated safety report
772. Existing major hazard facility with safety report not yet validated
773. Operator must provide information within 3 months
774. Existing major hazard facility with directive not yet satisfied
775. Operator given 12 months to be fully compliant

Division 3 - Large dangerous goods location

776. Existing notification of large dangerous goods location

PART 13.3 - OTHER TRANSITIONAL PROVISIONS

777. Particular provision for audiometric testing
778. Requirements for dive supervisors of high risk diving work until 31 December 2012
779. Registration of design of particular item of plant not needed until end of 31 December 2014
780. (Repealed)
781. Introductory period for GHS
782. Existing abandoned tank used to store flammable gases and flammable liquids
783. Existing use, handling or storing of prohibited or restricted carcinogens
784. Existing pipeline builder’s duties
785. Existing facility with schedule 15 chemicals exceeding 10% of threshold quantity—additional 3 months to give notice (section 536)
786. Transitional provision for particular high risk work licences
786A. Applications for class B asbestos removal licence
786B. Transitional class B asbestos removal licence holders—supervision of asbestos removal work

PART 13.4 - TRANSITIONAL PROVISION FOR WORK HEALTH AND SAFETY AND OTHER LEGISLATION AMENDMENT ACT 2017

787. Training requirements for health and safety representatives

PART 13.6 - TRANSITIONAL PROVISION FOR WORK HEALTH AND SAFETY AND OTHER LEGISLATION AMENDMENT REGULATION 2018

791. Training requirements for health and safety representatives

PART 13.7 - TRANSITIONAL PROVISIONS FOR WORK HEALTH AND SAFETY (AMUSEMENT DEVICES—PUBLIC SAFETY) AMENDMENT REGULATION 2019

792. Definitions for part
793. First major inspection of previously inspected amusement devices
794. First major inspection of other amusement devices

PART 13.8 - TRANSITIONAL PROVISION FOR WORK HEALTH AND SAFETY (PLANT REGISTRATION) AMENDMENT REGULATION 2020

795. Application of s 701B
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 5A
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
SCHEDULE 10
SCHEDULE 11
SCHEDULE 12
SCHEDULE 13
SCHEDULE 14
SCHEDULE 15
SCHEDULE 16
SCHEDULE 17
SCHEDULE 18
SCHEDULE 18A
SCHEDULE 18B
SCHEDULE 18C
SCHEDULE 19

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