Victorian Numbered Regulations

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EQUIPMENT (PUBLIC SAFETY) REGULATIONS 2017 (SR NO 23 OF 2017) - REG 5

Interpretation

    (1)     In these Regulations—

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

        (a)     a physical control; or

        (b)     the use of personal protective equipment;

"agency" means a person or body that has the power under a law of the Commonwealth or a law of an Australian State or Territory to require design notice or registration of prescribed equipment in a manner that is reasonably equivalent to the requirements under Part 8;

"alter", in relation to prescribed equipment, means to change the design of, add to, or take away from the prescribed equipment 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;

"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;

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;

"boiler" means 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;

"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;

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

"commissioning" means performing the necessary adjustments, tests and inspections to ensure prescribed equipment is in full working order, in accordance with the requirements specified in the design of the prescribed equipment, before the prescribed equipment commences normal operation for the first time or restarts operation;

"concrete-placing boom" means powered mobile truck-mounted equipment 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 equipment;

"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;

"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;

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

"earthmoving machinery" means powered equipment 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 stop device" means a device that immediately stops, or effectively isolates the hazardous operation of, an item of prescribed equipment and requires manual resetting;

Note

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

"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;

"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 ;

"gantry crane" means a powered crane that—

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

        (b)     is capable of travelling along runways; and

        (c)     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.

"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;

"industrial lift truck" means powered mobile prescribed equipment (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 equipment 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;

"laser" means equipment 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 equipment that produces light beams at these wavelengths for the primary purpose of illumination;

"lift" means permanent equipment, or equipment 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;

"mast climbing work platform" means equipment 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;

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

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

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

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

"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;

"pressure equipment" means 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 Equipment (Public Safety)
Act 1994 ) 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;

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

        (a)     an agency; 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 equipment to the organisations listed in paragraphs (a) to (d);

"reach stacker" means powered mobile prescribed equipment 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;

"roll-over protection" means a structure to protect the operator of a tractor or other powered mobile prescribed equipment against injury as a result of the tractor or equipment 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;

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

"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;

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

"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;

"the Act" means the Equipment (Public Safety) Act 1994 ;

"tower crane" means a powered boom or jib crane mounted on a tower structure;

"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;

"turbine" means a rotary motor or rotary engine driven by a flow of water, steam or gas primarily intended for the production of electricity;

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

"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;

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

    (2)     Any reference in these Regulations to—

        (a)     "designer", manufacturer , "importer" or supplier , in relation to prescribed equipment, is a reference to a person who designs, manufactures, imports or supplies (as the case requires) that prescribed equipment; or

        (b)     prescribed equipment or a type of prescribed equipment includes any component of the equipment or type of equipment and anything fitted, connected or belonging to the equipment or type of equipment.



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