Victorian Numbered Regulations

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OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 (SR NO 22 OF 2017) - REG 5

Definitions

In these Regulations—

"A-weighted" means a measure using a filter designed to reflect the response of the human ear at low sound pressure levels;

"Act compliance provision" means a provision of a kind referred to in regulation 7;

"ADG Code" has the same meaning as in the Dangerous Goods Act 1985 ;

"administrative control" means a system of work or a work procedure that is designed to eliminate or reduce a risk, but does not include—

        (a)     a physical control; or

        (b)     the use of personal protective equipment;

"air-supplied respiratory protective equipment" means a device that supplies air to the wearer from a source other than the ambient atmosphere;

"alter", in relation to plant, means to change the design of, add to, or take away from the plant in a way that may affect health or safety, but does not include routine maintenance, repairs or replacements;

"AMBSC Code" means Australian Miniature Boiler Safety Committee Code Parts 1, 2, 3 and 4 published by the Australian Miniature Boiler Safety Committee;

Ambulance Service—Victoria has the same meaning as in the Ambulance Services Act 1986 ;

"amusement structure" means powered equipment operated for hire or reward that provides entertainment or amusement through movement of the equipment, or part of the equipment, or when passengers travel on, around or along the equipment;

"approved asbestos laboratory" means a laboratory approved—

        (a)     by NATA to perform asbestos fibre counting or to identify asbestos in samples; or

        (b)     by a scheme determined by the Authority under regulation 6;

AS 2030—Gas Cylinders means—

        (a)     AS 2030.1 Gas cylinders, Part 1: General requirements; and

        (b)     AS 2030.2 The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases, Part 2: Cylinders for dissolved acetylene; and

        (c)     AS 2030.4 The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases, Part 4: Welded cylinders—Insulated; and

        (d)     AS 2030.5 Gas cylinders, Part 5: Filling, inspection and testing of refillable cylinders;

AS 2593 means Australian Standard AS 2593—Boilers - Safety management and supervision systems, sections 1, 2 and 3;

"asbestos" means—

        (a)     the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock-forming minerals, including—

              (i)     actinolite asbestos; and

              (ii)     anthophyllite asbestos; and

              (iii)     chrysotile ("white asbestos"); and

              (iv)     crocidolite ("blue asbestos"); and

              (v)     grunerite asbestos (or amosite) ("brown asbestos"); and

              (vi)     tremolite asbestos; or

        (b)     any material or object, whether natural or manufactured, that contains one or more of the mineral silicates referred to in paragraph (a);

Notes

1     The mineral silicates set out in paragraph (a)(i), (ii), (v) and (vi) use the same name for both the asbestiform and non-asbestiform varieties. The word "asbestos" has been included here to emphasise that only the asbestiform habit of these minerals is regulated as asbestos by these Regulations.

2     A substance that contains both non-asbestiform mineral silicates and a hazardous substance
is a hazardous substance to which Part 4.1 (Hazardous substances) applies.

"asbestos-containing material" means any manufactured material or object that, as part of its design, contains one or more of the mineral silicates referred to in paragraph (a) of the definition of asbestos (other than plant in which asbestos is fixed or installed);

"asbestos-contaminated dust" means dust that is, or is assumed under Part 4.4 (Asbestos) to be, contaminated with asbestos;

"asbestos exposure standard" means 0·1 f/ml of air measured in a person's breathing zone and expressed as a time weighted average fibre concentration of asbestos calculated over an 8 hour working day and measured over a minimum period of 4 hours in accordance with—

        (a)     the Membrane Filter Method; or

        (b)     a method determined by the Authority under regulation 6;

asbestos occupational health and safety management system means an occupational health and safety management system that is—

        (a)     related to asbestos removal work; and

        (b)     accredited or approved by JAS-ANZ or determined by the Authority under regulation 6;

asbestos paraoccupational air monitoring means a procedure by which air is sampled to estimate the airborne asbestos fibre concentration in the occupational environment, taken at fixed locations, usually between 1 and 2 metres above floor level, in accordance with—

        (a)     the Membrane Filter Method; or

        (b)     a method determined by the Authority under regulation 6;

"asbestos register" means the asbestos register kept under regulation 227 as revised in accordance with Part 4.4 (Asbestos);

asbestos-related activities has the meaning given by regulation 302;

"asbestos removal" licence means—

        (a)     a Class A asbestos removal licence; or

        (b)     a Class B asbestos removal licence;

"asbestos removal licence holder" means an employer or self-employed person who is the holder of an asbestos removal licence issued under Part 6.1 (Licences);

"asbestos removal supervisor" means a person who is appointed by an asbestos removal licence holder to oversee asbestos removal work in accordance with regulation 266;

"asbestos removal work", means the removal of asbestos that is present at a workplace, building, structure, ship or plant so that the asbestos is no longer present in that workplace, building, structure, ship or plant, up to the point of containment;

asbestos waste means asbestos removed and disposable items used during asbestos removal work or asbestos-related activities, including plastic sheeting and disposable personal protective clothing and disposable protective equipment including tools;

"assessment of competency "means an assessment under Division 3 of Part 3.6 (High risk work);

atmospheric monitoring means a procedure by which air is sampled within the breathing zone of a person to measure and evaluate the person's exposure to airborne contaminants;

"audiological examination" means the testing and examination of a person's ear, and hearing threshold, for the purpose of establishing the type and cause of any hearing disorder;

"audiometric test" means the measurement of a person's air conduction hearing threshold levels by means of an electro-acoustic instrument (audiometer), equipped with earphones, that provides pure tones of specified discrete frequencies at known hearing levels;

"Australian Qualifications Framework" has the same meaning as AQF has in the Education and Training Reform Act 2006 ;

"authorised assessor" means a person who is authorised by the Authority under regulation 139 to carry out assessments of competency in relation to one or more classes of high risk work;

"biological monitoring" means the measurement and evaluation of a substance, or its metabolites, in the body tissue, fluids or exhaled air of a person exposed to the substance;

blood lead level means the concentration of lead in whole blood expressed in micromoles per litre (µmol/L) or micrograms per decilitre (µg/dL);

"boiler" means—

        (a)     in Part 3.6 (High risk work) and Schedules 3 and 4—

              (i)     a vessel, or an arrangement of vessels, and interconnecting parts in which steam or other vapour is generated, or water or another liquid is heated at a pressure above that of the atmosphere by the application of fire, the products of combustion or similar means (other than electrical power); and

              (ii)     the following equipment if directly associated with those vessels—

    (A)     pre-heaters, re-heaters, superheaters and economisers;

    (B)     boiler piping, boiler setting, supports, mountings, valves, gauges, fittings and controls up to, and including, the first connection point after the first valve or valve assembly;

but does not include—

              (iii)     a fully flooded or pressurised system in which water or other liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid; or

              (iv)     any vessel if the design of the vessel enables it to operate deprived of all liquid or vapour that is intended to be heated, without affecting the structure or operation of the vessel; or

              (v)     a direct-fired process heater; and

        (b)     in any other case, a boiler within the meaning of AS/NZS 1200 Pressure equipment with a hazard level A, B, C or D as determined by AS 4343 Pressure equipment—Hazard levels;

"boom-type elevating work platform" means a powered telescoping device (including vertical and inclined), hinged device or articulated device or any combination of those devices used to support a platform on which persons, equipment and materials may be elevated to perform work, but does not include an industrial lift truck;

"breathing zone" means a hemisphere of 300 millimetres radius extending in front of a person's face measured from the mid-point of an imaginary straight line joining the ears;

"bridge crane" means a crane that—

        (a)     consists of one or more bridge beams mounted at each end to an end carriage; and

        (b)     is capable of travelling along elevated runways; and

        (c)     has one or more hoisting mechanisms that are able to travel across the bridge beam or beams;

"building maintenance equipment" means a suspended platform, including a building maintenance unit or a swing stage, that incorporates permanently installed overhead supports to provide access to the faces of a building for maintenance, but does not include a suspended scaffold;

"building maintenance unit" means a powered appliance with a suspended platform, permanently installed or intended to be permanently installed on a building and specifically designed to provide access to the faces of the building for a person working from the platform;

"carcinogens licence" means—

        (a)     a licence to use a Schedule 10 carcinogenic substance at a laboratory; or

        (b)     a licence to use a Schedule 11 carcinogenic substance at a laboratory; or

        (c)     a licence to use a Schedule 11 carcinogenic substance at a workplace other than a laboratory;

"CAS number" means the unique identifier allocated to a particular chemical substance by the Chemical Abstracts Service;

chairlift means an aerial powered ropeway that incorporates either elevated open chairs or closed cabins (gondola-type);

Chemical Abstracts Service (or CAS ) is a division of the American Chemical Society;

"chemical identity" means a name that gives a chemical a unique chemical identity and that—

        (a)     accords with the nomenclature systems of the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service; or

        (b)     is a name that is—

              (i)     ordinarily used to identify the chemical; and

              (ii)     recognised by the scientific community;

"Class", in Schedule 14, has the same meaning as in the ADG Code;

"Class A asbestos removal licence" means a licence granted under Part 6.1 (Licences) that permits the holder to perform asbestos removal work in accordance with regulations 264 and 265;

"Class A asbestos removal work", means asbestos removal work (other than limited asbestos removal work) involving the removal of—

        (a)     friable asbestos; or

        (b)     asbestos-contaminated dust (other than asbestos-contaminated dust associated with or derived from the removal of non-friable asbestos);

"Class B asbestos removal licence" means a licence granted under Part 6.1 (Licences) that permits the holder to perform asbestos removal work in accordance with regulation 265;

"Class B asbestos removal work", means asbestos removal work (other than limited asbestos removal work) involving the removal of—

        (a)     non-friable asbestos; or

        (b)     asbestos-contaminated dust associated with or derived from the removal of non-friable asbestos;

"Classification Code" has the same meaning as in the ADG Code;

"competency standard" means the standard set under the unit of competency for the specified VET course for a licence to perform a class of high risk work;

"concrete-placing boom "means powered mobile truck-mounted plant incorporating a knuckle boom that is capable of power-operated slewing and luffing to place concrete by way of pumping concrete through a pipeline attached to, or forming part of, the boom of the plant;

"confined space" means a space in any vat, tank, pit, pipe, duct, flue, oven, chimney, silo, reaction vessel, container, receptacle, underground sewer or well, or any shaft, trench or tunnel or other similar enclosed or partially enclosed structure, if the space—

        (a)     is, or is intended to be, or is likely to be, entered by any person; and

        (b)     has a limited or restricted means for entry or exit that makes it physically difficult for a person to enter or exit the space; and

        (c)     is, or is intended to be, at normal atmospheric pressure while any person is in the space; and

        (d)     contains, or is intended to contain, or is likely to contain—

              (i)     an atmosphere that has a harmful level of any contaminant; or

              (ii)     an atmosphere that does not have a safe oxygen level; or

              (iii)     any stored substance, except liquids, that could cause engulfment—

but does not include a shaft, trench or tunnel that is a mine or is part of the workings of a mine;

"confined space entry permit" means a confined space entry permit issued by an employer in accordance with regulation 63;

"construction excavation", in Part 5.1 (Construction), means the following—

        (a)     a trench if the excavated depth is more than 1·5 metres;

        (b)     a shaft if the excavated depth is more than 2 metres;

        (c)     a tunnel;

"construction induction card" means a construction induction card issued by the Authority under regulation 346;    

construction induction training means a unit of competency of general occupational health and safety induction training to the construction industry endorsed or accredited under the Australian Qualifications Framework;

"Construction Industry Basic Induction training course" means the Construction Industry Basic Induction training course conducted under the auspices of the tripartite industry forum, Foundations for Safety Construction Industry Training Agreement commencing 1 February 2001;

construction project means a project involving construction work and includes preparation and planning of the proposed construction work;

"construction RTO" means an RTO whose registration allows delivery of—

        (a)     construction induction training; or

        (b)     the Construction Industry Basic Induction training course;

construction statement of attainment means a certification issued by a construction RTO stating that the person to whom it is issued has completed—

        (a)     construction induction training; or

        (b)     the Construction Industry Basic Induction training course—

but does not include a certification issued by a construction RTO, or an RTO in a class of construction RTOs, determined by the Authority under regulation 6, if the certification is issued after the determination takes effect;

construction work has the meaning given by regulation 321 ;

consumer package means a package that is intended for retail display and sale;

"container", in Part 4.1 (Hazardous substances), means anything in or by which a hazardous substance is or has been wholly or partly encased, covered, enclosed, contained or packed (whether empty, partially full or full), but does not include the fuel tank of a vehicle;

contaminant means any substance that may be harmful to health or safety;

"conveyor" means equipment (including the superstructure, gear and auxiliary equipment used in connection with the equipment) by which loads are, or are capable of being, raised, lowered, transported or continuously driven, by—

        (a)     an endless belt, rope or chain or other similar means; or

        (b)     buckets, trays or other containers or fittings moved by an endless belt, rope, chain or similar means; or

        (c)     a rotating screw; or

        (d)     a vibration or walking beam; or

        (e)     a powered roller conveyor if the rollers are driven by an endless belt, rope or chain or other similar means;

"Country Fire Authority" has the same meaning as  Authority has in the Country Fire Authority Act 1958 ;

"crane" means an appliance intended for raising or lowering a load and moving it horizontally (including the supporting structure of the appliance and its foundations), but does not include any of the following—

        (a)     an industrial lift-truck;

        (b)     earthmoving machinery;

        (c)     an amusement structure;

        (d)     a tractor;

        (e)     an industrial robot;

        (f)         a conveyor;

        (g)         building maintenance equipment;

        (h)         a suspended scaffold;

              (i)     a lift;

"current safety data sheet", in relation to a hazardous substance, means—

        (a)     the safety data sheet prepared for the substance by the manufacturer or importing supplier of the substance under regulation 144(1) or equivalent legislation; or

        (b)     if the safety data sheet referred to in paragraph (a) has been revised by the manufacturer or importing supplier of the substance, the safety data sheet as revised;

"C-weighted" means a measure using a filter designed to reflect the response of the human ear at high sound pressure levels;

"dangerous goods" means dangerous goods within the meaning of the Dangerous Goods Act 1985 ;

"decommissioning", in relation to plant, includes performing necessary adjustments, tests and inspections before the plant ceases operation and during the process of ceasing operation;

"demolition", in Part 5.1 (Construction), means the complete or partial dismantling of a building or structure by planned and controlled methods or procedures;

"derrick crane" means a powered slewing strut-boom crane with its boom pivoted at the base of a mast and—

        (a)     the mast is either guyed (guyed-derrick) or held by backstays (stiff-legged derrick); and

        (b)     the boom is capable of luffing under load;

"direct-fired process heater" means an arrangement of tubes comprising one or more coils located in the radiant zone or convection zone or both of a combustion chamber, the primary purpose of which is to raise the temperature of a process fluid circulated through the coils to allow distillation, fractionation, reaction or other petrochemical process of the process fluid, whether the fluid is liquid or gas, or a combination of liquid and gas;

"Division", in Schedule 14, has the same meaning as in the ADG Code;

"dogging work "means one or both of the following—

        (a)     the application of slinging techniques, including the selection or inspection of lifting gear, to sling a load;

        (b)     the directing of a crane or hoist operator in the movement of a load when the load is out of the operator's view;

"domestic premises" means domestic premises used solely for domestic purposes;

"earthmoving machinery" means powered plant used to excavate, load, transport, compact or spread earth, overburden, rubble, spoil, aggregate or similar material, but does not include a tractor or industrial lift truck or a vehicle designed to be used primarily as a means of transport on public roads;

"emergency plan" means—

        (a)     in Part 5.2 (Major hazard facilities), an emergency plan prepared under regulation 375; or

        (b)     in Part 5.3 (Mines), an emergency plan prepared under regulation 433;

"emergency procedures" means—

        (a)     in Part 3.3 (Prevention of falls), the procedures established by an employer under regulation 49; or

        (b)     in Part 3.4 (Confined spaces), the procedures established by an employer under regulation 69; or

        (c)     in Part 4.4 (Asbestos), the procedures documented under regulation 247 ; or

        (d)     in Part 5.1 (Construction), the procedures referred to in regulation 331; or

        (e)     in Part 5.2 (Major hazard facilities), the procedures referred to in regulation 398;

"emergency service" means—

        (a)     Ambulance Service—Victoria; or

        (b)     the Country Fire Authority; or

        (c)     the Metropolitan Fire and Emergency Services Board; or

        (d)     Victoria Police; or

        (e)         the Victoria State Emergency Service Authority;

"emergency service employee" means any of the following, other than a volunteer—

        (a)     an officer or member of a metropolitan fire brigade;

        (b)     an officer or member of an urban fire brigade or rural fire brigade within the meaning of the Country Fire Authority Act 1958 ;

        (c)     an employee of Ambulance Service—Victoria;

        (d)     a member of the Victoria State Emergency Service;

        (e)     a police officer;

Note

Section 23 of the Act requires the employer to ensure, so far as is reasonably practicable, that persons, other than employees of the employer, are not exposed to risks to their health or safety. This includes volunteers.

"emergency stop device" means a device that immediately stops, or effectively isolates the hazardous operation of, an item of plant and requires manual resetting;

Note

An emergency stop device is not an operational stop control (see the definition of "operational stop control").

"emergency work", in Part 5.1 (Construction), means work that is required to be immediately undertaken to rectify an unexpected breakdown of an essential service (including gas, water, sewerage, electricity and telecommunications) to enable continuance of that service;

"employer's asbestos register" means the employer's asbestos register kept under regulation 235 as revised in accordance with Part 4.4 (Asbestos);

engineering control means a physical control of any kind that is designed to eliminate or reduce a risk, but does not include—

        (a)     a system of work or procedure; or

        (b)     the use of personal protective equipment;

Environment Protection Authority has the same meaning as Authority has in the Environment Protection Act 1970 ;

"equivalent legislation" means legislation of another State or Territory or the Commonwealth relating to the use of hazardous substances at a workplace;

Example

Laws of another State or Territory or the Commonwealth relating to work health and safety.

"evidence of licence document", in relation to a licence, means the document given to the licence holder by the Authority under regulation 456 and includes any replacement document issued under Part 6.1 (Licences);

"explosive-powered tool" means an implement used to drive fasteners (including nails, bolts and screws) against, into or through material by means of explosive charges, and includes every attachment to, and accessory of, the implement, but does not include a firearm within the meaning of the Firearms Act 1996 ;

"exposure standard" means an exposure standard set out in the Workplace Exposure Standards for Airborne Contaminants, published by SafeWork Australia on its Internet site;

"facility" means any building or other structure on land—

        (a)     that is a workplace; and

        (b)     at which Schedule 14 materials are present or likely to be present;

"fall", in Part 3.3 (Prevention of falls), means a person's involuntary fall of more than 2 metres;

"fall arrest system" means equipment or material, or a combination of equipment and material, that is designed to arrest the fall of a person;

Example

Industrial safety net, catch platform or safety harness system (other than a travel restraint system).

"fatigue", in relation to an employee at a mine, means an acute or ongoing state of tiredness that exposes the employee or any other person at the mine to a risk to health or safety;

"f/ml" means fibres per millilitre;

"forklift truck", in Part 3.6 (High risk work) and Schedule 3, means a powered industrial truck equipped with a mast and an elevating load carriage to which is attached a pair of fork arms or other loadholding attachment, but does not include the following—

        (a)     a pedestrian-operated industrial truck;

        (b)     a pallet truck that is unable, by design, to raise its fork arms 900 mm or more above the ground;

        (c)     an order-picking forklift truck;

        (d)     a tractor fitted with a pair of fork arms or other loadholding attachment;

"friable" means, when dry—

        (a)     may be crumbled, pulverised or reduced to powder by hand pressure; or

        (b)     as a result of a work process becomes such that it may be crumbled, pulverised or reduced to powder by hand pressure;

"gantry crane" means—

        (a)     in Part 3.6 (High risk work) and Schedule 3 a powered crane that—

              (i)     consists of one or more bridge beams supported at each end by legs mounted on end carriages; and

              (ii)     is capable of travelling on supporting surfaces or deck levels, whether fixed or not; and

              (iii)     has a crab with one or more hoisting units that are able to travel across the bridge beam or beams; or

        (b)     in any other case a powered crane that—

              (i)     consists of a bridge beam or beams that are supported at one or both ends by legs mounted to end carriages; and

              (ii)     is capable of travelling along runways; and

              (iii)     has one or more hoisting mechanisms;

"gas cylinder" means a rigid vessel not exceeding 3000 litres water capacity and without openings or integral attachments on the shell other than at the ends, designed for the storage and transport of gas under pressure and to which AS 2030—Gas Cylinders applies;

Notes

1     See the definition of AS 2030—Gas Cylinders which encompasses AS 2030.1, AS 2030.2, AS 2030.4 and AS 2030.5.

2     A gas cylinder may be of any shape.

"generic name", in relation to a substance, means a name that describes the category or group of chemicals to which the substance belongs;

"GHS" means the Globally Harmonized System of Classification and Labelling of Chemicals, Third revised edition, Fourth revised edition or Fifth revised edition, published by the United Nations, as modified by Schedule 7;

Note

See regulation 17.

"glove bag" means a single-use bag constructed from transparent, heavy duty polyethylene with built-in arms and access ports;

"hazard category" means a division of criteria within a hazard class in the GHS;

"hazard class "means the nature of a physical, health or environmental hazard under the GHS;

"hazardous manual handling" means work requiring the use of force exerted by a person to lift, lower, push, pull, carry or otherwise move, hold or restrain—

        (a)         a thing if the work involves one or more of the following—

              (i)     repetitive or sustained application of force;

              (ii)     sustained awkward posture;

              (iii)     repetitive movement;

              (iv)     application of high force involving a single or repetitive use of force that it would be reasonable to expect that a person in the workforce may have difficulty undertaking;

              (v)     exposure to sustained vibration;

        (b)     live persons or animals;

        (c)     unstable or unbalanced loads or loads that are difficult to grasp or hold;        

"hazard pictogram "means a graphical composition, including a symbol combined with other graphical elements, that is assigned in the GHS to a hazard class or hazard category;

"hazard statement "means a statement assigned in the GHS to a hazard class or hazard category describing the nature of the hazards of a hazardous substance including, if appropriate, the degree of hazard;

"hazardous substance" means a substance that satisfies the criteria for hazard classification set out in Part 3 (Health Hazards) of the GHS, but does not include a substance that satisfies the criteria solely for one of the following hazard classes—

        (a)     acute toxicity—oral—category 5;        

        (b)     acute toxicity—dermal—category 5;        

        (c)         acute toxicity—inhalation—category 5;        

        (d)             skin corrosion/irritation—category 3;        

        (e)             serious eye damage/eye irritation—category 2B;

        (f)     aspiration hazard—category 2;

"health monitoring" of a person means monitoring the person to identify changes in the person's health status and may include audiometric testing, medical examinations (including audiological examinations) and biological monitoring;

Note

"Health" includes psychological health (see section 5 of the Act).

"hearing protector" means a device that is designed for the purpose of protecting a person's hearing and that—

        (a)     is inserted into the ear canal; or

        (b)     covers the ear canal entrance; or

        (c)     covers the entire ear;

HEPA filter means a high efficiency particulate air filter that is a disposable, extended media, dry type filter, in a rigid frame, with a minimum filtration efficiency of 99·97% filtration for nominal 0·3 micrometres (µm) diameter thermally generated dioctylphthalata particles or an equivalent efficiency for a specified alternative aerosol and with an initial maximum resistance to airflow of 250 pascals when tested at its rated airflow capacity;

high risk construction work has the meaning given by regulation 322;

"high risk work" means any work set out in Schedule 3 as being within the scope of a high risk work licence;

"high risk work licence" means any of the licences listed in Schedule 3;

"hire", in Part 3.5 (Plant), does not include hire under a hire-purchase agreement or hire-purchase contract;

"hoist" means an appliance intended for raising or lowering persons or a load and includes a mast climbing work platform, a personnel and materials hoist, a scaffolding hoist and a serial hoist, but does not include a lift or building maintenance equipment;

"importing supplier", in relation to a substance, means a person who first supplies or intends to first supply the substance in Victoria for use at a workplace, but does not include—

        (a)     a person who manufactures the substance in Victoria; or

        (b)     a wholesaler or retailer who has been supplied with the substance by another supplier in Victoria; or

        (c)     a retail warehouse operator;

"independent person", in Part 4.4 (Asbestos), has the meaning given by regulation 207;

"industrial lift truck" means powered mobile plant (other than a crane or earthmoving machinery) comprising a mast with an elevating carriage to which a pair of fork arms or other loadholding attachment is attached, including—

        (a)     a truck on which the operator is raised with the attachment for order-picking; and

        (b)     a truck where the frame and lift unit straddle, raise, lower, move or stack the load;

"industrial robot" means plant that is a multifunctional manipulator and its controllers, capable of handling materials, parts or tools or specialised devices, through variable programmed motions for the performance of a variety of tasks;

"industrial rope access system" means a system designed for the purpose of performing work on a building or structure by a person and consists of—

        (a)     equipment that enables the person to manually raise or lower themselves in a harness or seat supported by one or more fibre ropes; and

        (b)     equipment used to anchor the ropes;

ingredient means any component of a substance (including an impurity);

"JAS-ANZ" means the Joint Accreditation System of Australia and New Zealand;

"laboratory" means a building, room or designated area where a scheduled carcinogenic substance is used for—

        (a)     scientific analysis or investigation; or

        (b)     research; or

        (c)     practical teaching;

laser means plant that produces a beam of electromagnetic radiation in the wavelength range from 100 nanometres to 1 millimetre that is used for cutting, alignment, scanning or measurement, but does not include plant that produces light beams at these wavelengths for the primary purpose of illumination;

lead means lead metal, lead alloys or inorganic lead compounds (including lead salts of organic acids);

"lead exposure standard" means the maximum airborne concentration of lead dust, lead mist or lead fumes referred to in regulation 186(1);

lead process has the meaning given by regulation 178;

lead-risk work has the meaning given by regulation 193;

"licence" means—

        (a)     a high risk work licence; or

        (b)     an asbestos removal licence; or

        (c)     a carcinogens licence; or

        (d)     a major hazard facility licence;

"licence holder", in relation to a major hazard facility licence, means—

        (a)     the person who was granted the licence, unless that person has transferred the licence; or

        (b)     if the licence has been transferred, the last person to whom the licence was transferred;

"lift" means permanent plant, or plant intended to be permanently installed, in or attached to a building or structure in which persons, goods or materials may be raised or lowered within a car, chair or cage or on a platform and the movement of which is restricted by a guide or guides and includes an escalator, a moving walk and a stairway lift;

"limited asbestos removal work", means asbestos removal work which is permitted under regulation 250;

"local area", in relation to a major hazard facility, means the area surrounding the major hazard facility, as indicated on the map forming part of the emergency plan for the major hazard facility prepared in accordance with clause 1.2 of Schedule 16;

"local" community , in relation to a major hazard facility, means—

        (a)     persons who reside in the local area for the facility; and

        (b)     persons who have the management or control of workplaces, or of places where persons gather for recreational, cultural or sporting purposes, located in the local area for the facility;

"major hazard facility" means a facility

        (a)     at which Schedule 14 materials are present or likely to be present in a quantity exceeding their threshold quantity; or

        (b)     determined by the Authority under regulation 363 or 364 to be a major hazard facility;

"major hazard facility licence" means a licence granted under Part 6.1 (Licences) to operate a major hazard facility;

"major incident" means an uncontrolled incident, including an emission, loss of containment, escape, fire, explosion or release of energy, that

        (a)     involves Schedule 14 materials; and

        (b)     poses a serious and immediate risk to health or safety;

"major incident hazard" means an activity, procedure, plant, process, substance, situation or any other circumstance that could cause, or contribute to causing, a major incident;

"major mining hazard" means a mining hazard that has the potential to cause an incident that would cause, or pose a significant risk of causing, more than one death;

mast climbing work platform means plant with a working platform used to support and elevate persons, equipment and materials by means of a drive system that moves along an extendable mast, but does not include a lift or building maintenance equipment;

"materials platform hoist" means a powered builder's hoist that—

        (a)     consists of a car, bucket or platform cantilevered from, and travelling up and down externally to, a face of the support structure; and

        (b)     is used only to raise or lower goods or materials, not persons;

"mechanical loadshifting equipment" includes cranes, hoists, cableways, flying foxes, winches, blocks and purchases which incorporate sheaves, jacks and air bags;

"Membrane Filter Method" means the method for estimating airborne asbestos fibres in accordance with the "Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres" prepared by the National Health and Safety Commission and published in 2005;

Metropolitan Fire and Emergency Services Board has the same meaning as Board has in the Metropolitan Fire Brigades Act 1958 ;

"mine" has the meaning given by regulation 399;

"mine modification", in Part 5.3 (Mines), in relation to a mine, means a change to any workings, processes or plant, including the introduction of new workings, processes or plant, that has the effect of—

        (a)     creating a mining hazard that has not previously been identified; or

        (b)     increasing the risk associated with a mining hazard;

mining hazard has the meaning given by regulation 400 ;

"mobile crane" means a crane capable of travelling over a supporting surface without the need for fixed runways;

"modification", in Part 5.2 (Major hazard facilities), in relation to a major hazard facility, includes the following

        (a)     a change to any plant, processes or substances used in processes, including the introduction of new plant, processes or substances;

        (b)     a change to the quantity of Schedule 14 materials present or likely to be present, including the introduction of any new Schedule 14 materials;

        (c)     a change in the safety role of employees;

        (d)     a change to the safety management system

that has the effect of

        (e)     creating a major incident hazard that has not previously been identified; or

        (f)     increasing the likelihood of a major incident occurring; or

        (g)     in relation to any major incident that might occur, increasing

              (i)     its magnitude; or

              (ii)     the severity of its consequences to persons both on-site and off-site;

"musculoskeletal disorder" means an injury, illness or disease that arises in whole or in part from hazardous manual handling, whether occurring suddenly or over a prolonged period, but does not include an injury caused by crushing, entrapment or cutting resulting primarily from the mechanical operation of plant;

"NATA" means the National Association of Testing Authorities (Australia);

negative air enclosure means an enclosed asbestos removal area that is maintained under negative air pressure to approximately 12 pascals;

"noise exposure standard" means—

        (a)     the 8 hour equivalent continuous sound pressure level of 85 decibels (A) measured in A-weighted decibels referenced to 20 micropascals at an employee's ear position; or

        (b)     the C-weighted peak hold sound pressure level reading of 140 decibels (C) measured in decibels referenced to 20 micropascals at an employee's ear position;

"non-slewing mobile crane" means a powered mobile crane with a capacity of more than 3 tonnes and which incorporates a boom or jib that is not capable of being slewed, including an articulated type mobile crane and a locomotive crane, but does not include a crane engaged in vehicle tow truck operations;

"notice of assessment" means a written notice given by an authorised assessor under regulation 134;

"notice of assessment (satisfactory) "means a notice of assessment given by an authorised assessor under regulation 134(2)(a), but does not include a notice of assessment issued by an authorised assessor determined by the Authority under regulation 6(f) if that notice is issued after the determination takes effect;

"occupational health and safety auditor" means a person who has the knowledge, experience and skills required for an occupational health and safety auditor under JAS-ANZ Procedure No. 02, Part 1, Issue 3: Requirements for Bodies Providing Audit and Certification of Occupational Health and Safety Management Systems, dated 18 August 2011;

"operational stop control" means a device used to stop an item of plant under normal operation, but does not include an emergency stop device;

"operator" means—

        (a)     in Part 5.2 (Major hazard facilities), in relation to a facility, the employer who has management or control of the facility; and

        (b)     in Part 5.3 (Mines), in relation to a mine (including a prescribed mine), the employer who has management or   control of the mine;

"operator controls "includes an operational stop control and an emergency stop device;

"operator protective device "includes roll-over protection, falling object protective structure, operator restraining device and seat belt;

"order-picking forklift truck" means a powered industrial truck with a mast and elevating load carriage to which is attached a pair of fork arms or other loadholding attachment and where the operator's controls are incorporated with the load carriage or lifting media and elevate with it;

"pallet truck "means a non-counterbalanced industrial truck where the operator is intended to control the truck while riding on the truck and where the truck is designed to handle pallets and palletized loads by means of a fork (a pair of fork arms) which is adjustable in elevation;

"passive fall prevention device" means material or equipment, or a combination of material and equipment, that is designed for the purpose of preventing a fall and that, after initial installation, does not require any ongoing adjustment, alteration or operation by any person to ensure the integrity of the device to perform its function;

Examples

Temporary work platform, roof safety mesh or guard railing.

"perform", in relation to work, includes carry out;

"person who commissioned the asbestos removal work" means the person managing or controlling a workplace or the employer who arranged for asbestos removal work to be performed;

"personal protective equipment" includes respiratory protective equipment and personal protective clothing;

"personnel and materials hoist", in Part 3.6 (High risk work) and Schedule 3, means a powered builder's hoist—

        (a)     by which persons, goods or materials may be raised or lowered; and

        (b)     which comprises a car, structure, machinery or other equipment associated with the hoist; and

        (c)     which may be any of the following—

              (i)     a cantilevered hoist;

              (ii)     a tower hoist     ;

              (iii)     a multiple winch operation;

"portal boom crane" means a powered jib or boom crane mounted on a portal frame that is supported on runways along which the crane may travel;

"powered mobile plant" means plant that is provided with some form of self-propulsion that is ordinarily under the direct control of an operator;

precautionary statement means a phrase prescribed by the GHS that describes measures that are recommended to be taken to prevent or minimise—

        (a)     the adverse effects of exposure to a hazardous substance; or

        (b)     improper handling of a hazardous substance;

presence-sensing safeguarding system includes—

        (a)     a sensing system that—

              (i)     is an electro-sensitive or pressure sensitive system that employs optoelectronic or pressure sensitive devices to perform a sensing and a control function; or

              (ii)     uses other technologies to perform a sensing and a control function; and    

        (b)         the interface between the final switching devices of the sensing system and the machine primary control elements; and

        (c)     the machine stopping capabilities, by which the presence of a person or part of a person within the sensing field will cause the dangerous parts of a machine to be brought to a safe state before the person can reach the dangerous parts;

prescribed mine has the meaning given by regulation 401;

"pressure equipment" means—

        (a)     in Part 3.6 (High risk work) and Schedules 3 and 4, a boiler, a turbine or a reciprocating steam engine; and

        (b)     in any other case, boilers, pressure vessels and pressure piping;

"pressure piping" means pressure piping within the meaning of AS/NZS 1200 Pressure equipment, with a hazard level A, B, C
or D as determined by AS 4343 Pressure equipment—Hazard levels, but does not include pressure piping that is regulated under—

        (a)     the Gas Safety Act 1997 ; or

        (b)     the Petroleum Act 1998 ; or

        (c)     the Offshore Petroleum and Greenhouse Gas Storage Act 2010 ; or

        (d)     the Water Industry Act 1994 ; or

        (e)     the Pipelines Act 2005 ; or

        (f)     any other Act (other than the Occupational Health and Safety Act 2004 ) that imposes statutory controls over pressure piping comparable to those listed in paragraphs (a) to (e);

"pressure vessel" means—

        (a)     a pressure vessel within the meaning of AS/NZS 1200 Pressure equipment, with a hazard level A, B, C or D as determined by AS 4343 Pressure equipment—Hazard levels; or

        (b)     a fired heater; or

        (c)     a gas cylinder—

but does not include a boiler or pressure piping;

principal contractor has the meaning given by regulation 333 ;

process review has the meaning given by regulation 525 ;

"product identifier" means the name or number used to identify a product;

"published technical standard" means a document that gives technical information, guidance or advice on plant, that is published by—

        (a)     a corresponding Authority; or

        (b)     Standards Australia; or

        (c)     the British Standards Institute; or

        (d)     the International Organisation for Standardisation (ISO); or

        (e)     an organisation with substantially equivalent objectives in relation to the publication of technical information, guidance or advice on plant to the organisations listed in paragraphs (a) to (d);

"reach stacker" means powered mobile plant that—

        (a)     incorporates a non-slewing boom with a permanently fitted lifting frame where the only means of lifting is by twist locks; and

        (b)     is designed for raising and lowering shipping containers and moving them horizontally—

but does not include a shore-based container handling gantry crane;

"reciprocating steam engine" means steam plant where the steam acts on a piston under pressure and causes the piston to move, but does not include an expanding (steam) reciprocating engine with any piston diameter of 250 millimetres or less;

"recognised evidence of construction induction training" means evidence of general occupational health and safety training to the construction industry completed outside Victoria and recognised by the corresponding Authority of the jurisdiction in which the training was completed, but does not include evidence of a class determined by the Authority under regulation 6 if the training is completed after the determination takes effect;

"registered major hazard facility" means a major hazard facility registered under Part 6.2 (Registration);

"relevant employee", in Part 3.4 (Confined spaces), means—

        (a)     any employee required to enter a confined space; or

        (b)     any employee who has any function in relation to work in a confined space or the emergency procedures established under regulation 69, but who is not required to enter the space; or

        (c)     any person supervising any employee referred to in paragraph (a) or (b);

"relevant occupational health and safety legislation" means any of the following—

        (a)     the Act or any regulations made under the Act;

        (b)     the Occupational Health and Safety Act 1985 or any regulations made under that Act;

        (c)     the Dangerous Goods Act 1985 or any regulations made under that Act;

        (d)     the Equipment (Public Safety) Act 1994 or any regulations made under that Act;

        (e)     any equivalent Act of another Australian jurisdiction or any regulations made under such an Act;

Note

Equivalent Acts and regulations of other Australian jurisdictions would include the Work Health and Safety legislation in those jurisdictions.

"retail warehouse operator" means a person who operates a warehouse where packaged goods intended for retail sale are held on the premises;

"retailer", in relation to a substance, means a person who supplies the substance to another person otherwise than for the purpose of re-supply;

reviewable decision has the meaning given by regulation 524;

"rigging work" means—

        (a)         the use of mechanical loadshifting equipment and associated gear

              (i)     to move, place or secure a load including plant, equipment or members of a building or structure; and

              (ii)     to ensure the stability of members of a building or structure; or

        (b)         the setting up or dismantling of cranes and hoists

but does not include the setting up of a crane or hoist which only requires the positioning of integral outriggers or stabilisers;

"roll-over protection" means a structure to protect the operator of a tractor or other powered mobile plant against injury as a result of the tractor or plant rolling over in any direction;

"rope access equipment" means equipment used to manually lower or raise a person in a harness or seat, supported by one or more fibre ropes and includes the equipment used to anchor or haul the rope or ropes while the person is lowered and raised;

"RTO" has the same meaning as in the Education and Training Reform Act 2006 ;

"safe oxygen level" means an oxygen content in air under normal atmospheric pressure that—

        (a)     is equal to or greater than 19·5% by volume (equivalent to a partial pressure of oxygen of 19·8 kilopascals)—

but—

        (b)     is equal to or less than 23·5% by volume (equivalent to a partial pressure of oxygen of 23·9 kilopascals);

"Safe Work Australia" means Safe Work Australia established by section 5 of the Safe Work Australia Act 2008 of the Commonwealth;

safe work method statement has the meaning given by regulation 324;

safety assessment means—

        (a)     in Part 5.2 (Major hazard facilities), a safety assessment conducted under regulation 369; or

        (b)     in Part 5.3 (Mines), a safety assessment conducted under regulation 421;

"safety case "means a safety case prepared or revised under Division 8 of Part 5.2 (Major hazard facilities);

"safety data sheet", in relation to a hazardous substance, means a safety data sheet—

(a)     required to be prepared for the substance under regulation 144; or

(b)     prepared for the substance by the manufacturer or the importing supplier in accordance with equivalent legislation;

"safety management system" means—

        (a)     in Part 5.2 (Major hazard facilities), a safety management system established under regulation 372; or

        (b)     in Part 5.3 (Mines), a safety management system established under  regulation 418;

"scaffold" means a temporary structure specifically erected to support access or working platforms;

"scaffolding work" means the erection, alteration or dismantling of a scaffold, if the scaffold is such that a person or object could fall more than 4 metres from the scaffold;

Schedule 10 carcinogenic substance means a substance (or any of its salts) listed in Schedule 10 used—

        (a)     as a pure substance; or

        (b)     in a mixture containing 0·1% or more of that substance (or any of its salts), determined as a weight/weight (w/w) concentration for solids or liquids and a volume/volume (v/v) concentration for gases;

Schedule 11 carcinogenic substance means—

        (a)     benzene as listed in Schedule 11; or

        (b)     any other substance (or any of its salts) listed in Schedule 11 used—

              (i)     as a pure substance; or

              (ii)     in a mixture containing 0·1% or more of that substance
(or any of its salts), determined as a weight/weight (w/w) concentration for solids or liquids and a volume/volume (v/v) concentration for gases;

Schedule 14 material means a material referred to in Table 1 of Schedule 14 or a material that can be characterised as one or more of the materials set out in Table 2 of Schedule 14;

"scheduled carcinogenic substance" means a Schedule 10 carcinogenic substance or a Schedule 11 carcinogenic substance;

"self-erecting tower crane" means a tower crane where—

        (a)     the tower structure and boom or jib elements are not disassembled into component sections; and

        (b)     the crane can be transported between sites as a complete unit; and

        (c)     erection and dismantling processes are an inherent part of the crane's function;

"shaft" means—

        (a)     in Part 5.1 (Construction), a vertical or inclined way or opening from the surface downwards or from any underground working and the dimensions of which (excluding the perimeter) are less than its depth; and

        (b)     in Part 5.3 (Mines), any opening extending downwards from the surface or from a location underground that

              (i)     has an inclination to the horizontal of more than 15 degrees; and

              (ii)     is used for the purposes of raising or lowering persons or materials or for the intake or outlet of ventilation;

"shaft conveyance" means a cage, skip, kibble or other contrivance in or on which persons ride up or down a shaft, but does not include any attachments to that cage, skip, kibble or other contrivance;

"signal words" means words such as "dangerous poison", "poison", "warning", "danger" or "caution" that are clearly and prominently displayed on labels of substances to indicate the relative severity of the hazard;

"slewing mobile crane" means a powered mobile crane incorporating a boom or jib that is capable of being slewed, but does not include the following, when configured for crane operation—

        (a)     a front-end loader;

        (b)     a backhoe;

        (c)     an excavator;

        (d)     similar equipment to that listed in paragraphs (a), (b) and (c);

"slinging techniques" means those slinging techniques that require the exercise of judgment in relation to the suitability and condition of lifting gear, and the method of slinging, by consideration of the nature of the load, its mass and its centre of gravity;

solid construction in Part 3.3 (Prevention of falls)   means an area that has each of the following—

        (a)     a surface that is structurally capable of supporting persons, material and any other loads intended to be applied to it;

        (b)     barriers around its perimeter, and any open penetrations, to prevent a fall from the area;

        (c)     an even and readily negotiable surface and gradient;

        (d)     a safe means of entry and exit;

"sound power level" means the total sound energy radiated per unit time, measured as decibels referenced to 1 picowatt using octave bands or an A-weighting;

"sound pressure level "expressed in decibels, means the pressure fluctuations in air calculated as 20 times the logarithm to the base 10 of the ratio of the root mean square sound pressure (in pascals) to the reference sound pressure of 20 micropascals;

"special provision", in Schedule 14, has the same meaning as in the ADG Code;

"specified VET course "means the relevant VET course specified in column 3 of the table in Schedule 5;

"structure"—

        (a)     in Part 4.4 (Asbestos), means any construction, including a bridge, tunnel, shaft, dam, pipe or access pit, or any part of a construction, but does not include a building, ship or plant; or

        (b)     in Part 5.1 (Construction), has the meaning given by regulation 323 ;

"suspended scaffold" means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use;

"task", in Part 3.3 (Prevention of falls), includes moving to and from a task;

"temporary access equipment" means the following—

        (a)     rope access equipment;

        (b)     a work box;

        (c)     an industrial safety net;

        (d)     equipment incorporating a harness that is used or intended to be used to arrest the fall of a person wearing the harness;

"temporary work platform" means the following—

        (a)     a fixed, mobile or suspended scaffold;

        (b)     an elevating work platform;

        (c)     a mast climbing work platform;

        (d)     a work box supported and suspended by a crane, hoist, forklift truck or other form of mechanical plant;

        (e)     building maintenance equipment, including a building maintenance unit;

        (f)     a portable or mobile fabricated platform;

        (g)     any other temporary platform that provides a working area for the duration of work performed at height and that is designed to prevent a fall;

the Act means the Occupational Health and Safety Act 2004 ;

"theatrical performance" means acting, singing, playing a musical instrument, dancing, or otherwise performing literary or artistic works or expressions of folklore;

"threshold quantity", in relation to Schedule 14 materials, means—

        (a)     the threshold quantity for a specific material determined under clause 2 of Schedule 14; or

        (b)     the aggregate threshold quantity of more than one material as determined under clause 3 of Schedule 14;

"tower crane" means a powered boom or
jib crane mounted on a tower structure but, in Schedule 3, does not include a self-erecting tower crane;

"tractor" means a powered vehicle primarily designed to haul and provide power for agricultural or horticultural machinery or implements by way of a power-takeoff rotating shaft or other mechanical means, but does not include—

        (a)     earthmoving machinery; or

        (b)     a passenger vehicle;

"travel restraint system" means equipment that is worn by, or attached to, a person and is designed for the purpose of physically restraining the person from reaching an edge or elevated surface from which the person may fall;

Example

A system in which a harness is attached to one or more lanyards, each attached in turn to a static line or anchor point.

"trench", in Part 5.1 (Construction), means a horizontal or inclined way or opening commencing at and extending below the surface of the ground and open to the surface along its length, the length of which is greater than its width and greater than or equal to its depth, and is used or to be used for the laying, removal or repair of a pipe or cable;

"tunnel", in Part 5.1 (Construction), means an underground passage or opening in an approximate horizontal plane and which begins at the surface or from an excavation of any sort;

"turbine" means—

        (a)     in Part 3.5 (Plant) and Schedule 3, any plant where steam acts on a turbine or rotor to cause a rotary motion, but does not include steam turbines and expansion turbines with a power output of less than 500 kilowatts;

        (b)     in any other case, a rotary motor or rotary engine driven by a flow of water, steam or gas primarily intended for the production of electricity;

"type of asbestos-containing material" means a description of asbestos-containing material;

Example

Asbestos-containing cement sheeting, cement pipes, vinyl tiles, sprayed insulation, telecommunications pits and pipes, pipe lagging, millboard and gaskets.

"UN number "has the same meaning as in the ADG Code;

"unprotected edge" means the edge of a surface from which there is a horizontal gap, void or space of more than 300 millimetres and which is not provided with a barrier to prevent a fall;

"vehicle hoist" means a hoist that is permanently installed or designed to be permanently installed at a workplace to elevate a vehicle to allow work to be performed on the vehicle;

"vehicle loading crane" means a powered slewing crane mounted on a vehicle for the principal purpose of loading and unloading the vehicle and that has a capacity of 10 metre tonnes or more;

"VET course" has the same meaning as in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;

Victoria Police has the same meaning as in the Victoria Police Act 2013 ;

"Victoria State Emergency Service" means the Service continued by the Victoria State Emergency Service Act 2005 ;

Victoria State Emergency Service Authority means the Authority established under the Victoria State Emergency Service Act 2005 ;

"wholesaler", in relation to a substance, means a person who supplies the substance for the purpose of re-supply;

"winder" means an electrical or compressed air or hydraulic or other power drive unit, single or multi drum, which by use of ropes, sheave wheels and a shaft conveyance, is used to raise or lower persons or materials from level to level, and includes a friction winder;

"work box" means a device for carrying persons, designed to be suspended from a crane, to provide a working area for persons elevated by and working from the device;

"work in a confined space" means work in a confined space by an employee and includes entry to and exit from a confined space by an employee;

"work positioning system" means the following—

        (a)     an industrial rope access system;

        (b)     a travel restraint system;

        (c)     any other equipment, other than a temporary work platform, that enables a person to be positioned and safely supported at a work location for the duration of the task being undertaken at height.

"workpiece" means material, off-cut or scrap (in any form) on which an item of plant is doing work or that is produced by an item of plant, but does not include a load being lifted or moved by the plant;



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