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This is a Bill, not an Act. For current law, see the Acts databases.


WORK HEALTH AND SAFETY (SCISSOR LIFT CONTROL) AMENDMENT BILL 2019

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 1—Preliminary


1Short title


2Amendment provisions


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:

Part 1—Preliminary

1—Short title

This Act may be cited as the Work Health and Safety (Scissor Lift Control) Amendment Act 2019.

2—Amendment provisions

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.

 


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