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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Work Health and Safety (Scissor Lift Control) Amendment
Bill 2019
A BILL FOR
An Act to amend the
Work
Health and Safety Act 2012
.
Contents
Part 2—Amendment of Work Health and
Safety Act 2012
3Insertion of sections 273A and
273B
273AOperation of
scissor lifts
273BReview of safety
procedures
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Work Health and Safety (Scissor Lift
Control) Amendment Act 2019.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Work Health and Safety
Act 2012
3—Insertion
of sections 273A and 273B
After section 273 insert:
273A—Operation of scissor
lifts
(1) A person conducting
a business or undertaking at a workplace must ensure that—
(a) a scissor lift is not operated at the workplace before the relevant
day unless a safety observer who is competent to take all necessary steps in the
event of an emergency (including by activating the lowering mechanism on the
scissor lift) is present at all times when the lift is in operation;
and
(b) each scissor lift in use at the workplace before the relevant day is
of the same make and model, and has the same operating controls, as each other
scissor lift in use at the workplace.
Maximum penalty:
(a) In the case of an individual—$6 000.
(b) In the case of a body corporate—$30 000.
(2) The relevant
day for the purposes of
subsection (1)
is a day fixed by the Governor by proclamation on the recommendation of
the Minister.
(3) A recommendation must not be made for the purposes of
subsection (2)
unless the Minister is satisfied that appropriate national standards for
the safe operation of scissor lifts have been developed.
273B—Review of safety
procedures
(1) The Department
must, not more than 1 month after the commencement of this section, instigate a
review of best practice engineering solutions adopted throughout the world for
the protection of workers against the risk of crushing resulting from scissor
lift accidents involving overhead surfaces.
(2) A person appointed to conduct a review under
subsection (1)
must consider—
(a) the availability and design of secondary protective systems, including
operator protective alarms and operator protective structures; and
(b) options for law reform that would have the effect of prohibiting the
use of scissor lifts in this jurisdiction unless a secondary protection system
is in place.
(3) The Department must present a written report of the review to the
Minister not more than 6 months after the commencement of this
section.
(4) The Minister must, within 12 sitting days after receiving the report,
cause a copy of the report to be laid before each House of Parliament.