Workplace Health and Safety Amendment Regulations 2003

Workplace Health and Safety Amendment Regulations 2003

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Workplace Health and Safety Act 1995 .

15 December 2003

RICHARD BUTLER

Governor

By His Excellency's Command,

J. G. COX

Minister for Infrastructure

1.   Short title

These regulations may be cited as the Workplace Health and Safety Amendment Regulations 2003 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Workplace Health and Safety Regulations 1998 are referred to as the Principal Regulations.

4.    Regulation 6 amended (Adoption of standards)

Regulation 6 of the Principal Regulations is amended by inserting after subregulation (3) the following subregulations:

(4)  In subregulation (3) , "standard" includes rule, code, specification or criterion.

(5)  An item of plant that is referred to in Schedule 7 , 8 or 9 and is not defined in these regulations has the same meaning as it has in –

(a) the National Standard for Plant published by the National Occupational Health and Safety Commission; or

(b) if it is not defined in that standard, the relevant Australian Standard.

5.    Regulation 19 amended (Control of risk)

Regulation 19 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:

(1)  An accountable person must ensure that the exposure of any person to an identified hazard at a workplace –

(a) is controlled to eliminate or minimise the risk to the health or safety of the person; and

(b) does not exceed the relevant exposure standard.

Penalty:  Level 3.

6.    Regulation 26A inserted

After regulation 26 of the Principal Regulations , the following regulation is inserted in Division 1:

26A.   Safe use of plant

A person must not use an item of plant for a purpose other than a purpose for which it was designed.

Penalty:  Level 2.

7.    Regulation 80 amended (Electrical installations)

Regulation 80(2) of the Principal Regulations is amended by omitting "a risk of gas or dust explosion" and substituting "a potentially explosive atmosphere".

8.    Regulation 92 substituted

Regulation 92 of the Principal Regulations is rescinded and the following regulation is substituted:

92.   Prohibited types of nail guns

A person at a workplace must not bring onto, or use at, the workplace a nail gun that may be discharged by applying a force to the springs of the muzzle bracket of –

(a) 50 newtons; or

(b) 1.5 times the mass of the nail gun.

Penalty:  Level 3.

9.    Regulation 102 amended (Registration of items of plant)

Regulation 102 of the Principal Regulations is amended by inserting after subregulation (2) the following subregulation:

(3)  Subregulation (1) does not apply if the item of plant is used for the purpose of determining its safe operation for the purposes of regulation 103(2)(b)(iii) .

10.    Regulation 107 amended (Exposure standard for noise)

Regulation 107 of the Principal Regulations is amended as follows:

(a) by omitting paragraph (b) from subregulation (1) and substituting the following paragraph:

(b) a C weighted peak sound pressure level (L_C,peak) of 140 dB(C).

(b) by omitting subregulation (3) and substituting the following subregulation:

(3)  The value of L_C,peak is to be determined by using sound-measuring equipment with a peak detector-indicator that complies with AS 1259 .

11.    Regulation 121 amended (Asbestos removal licence)

Regulation 121(5) of the Principal Regulations is amended by inserting ", unless it is sooner cancelled or suspended" after "issue".

12.    Regulation 121A inserted

After regulation 121 of the Principal Regulations , the following regulation is inserted in Division 9:

121A.   Renewal of asbestos removal licence

(1)  A person may apply to the Director for the renewal of an asbestos removal licence not more than 3 months before the licence expires.

(2)  An application for renewal is to be in a manner and form determined by the Director.

(3)  The Director may –

(a) subject to subregulation (4) , grant an application for renewal for a further period not exceeding 3 years, with or without conditions; or

(b) refuse to grant the application.

(4)  The Director is not to grant an application unless satisfied of the requirements specified in regulation 121(3)(b) , (f) and (g) .

(5)  An asbestos removal licence is renewed subject to any conditions specified in the licence as renewed.

(6)  The renewal of an asbestos removal licence takes effect from the date on which the licence would have expired had it not been renewed.

13.    Regulation 125 substituted

Regulation 125 of the Principal Regulations is rescinded and the following regulation is substituted:

125.   Prohibited or restricted processes

(1)  A person while at work must not –

(a) use or handle asbestos in any form, other than –

(i) for the purpose of sampling or analysis; or

(ii) in mining where the exposure is maintained at less than the exposure standard; or

(b) use a product that consists of, or contains, asbestos in any form.

Penalty:  Level 3.

(2)  A person may apply in writing to the Director for an exemption from subregulation (1) .

(3)  Subregulation (1) does not apply to, or in respect of –

(a) a person if the person is using or handling the asbestos, or product containing asbestos, for the purpose of its removal in accordance with these regulations; or

(b) a person if the asbestos, or product containing asbestos, is specified as an exemption in the National List of Exemptions from the Chrysotile Prohibition, published by the National Occupational Health and Safety Commission, and the Director, on receipt of an application under subregulation (2) , is satisfied that it is not reasonably practicable for the person to comply with subregulation (1) ; or

(c) asbestos, or a product containing asbestos, that was installed before 31 December 2003.

14.    Schedule 1 amended (Definitions)

Clause 1 of Schedule 1 to the Principal Regulations is amended as follows:

(a) by inserting the following definition after the definition of exempt removal work :

explosive atmosphere means a mixture with air, under atmospheric conditions, of flammable materials in the form of gas, vapour, mist, dust or fibres in which, after ignition, combustion spreads throughout the unconsumed mixture;

(b) by omitting the definition of L peak and substituting the following definition:

L_C,peak means the peak noise level;

15.    Schedule 2 amended (Standards)

Schedule 2 to the Principal Regulations is amended by omitting item 13 and substituting the following item:

13.    AS 4343 – Assurance of Product Quality – Pressure Equipment Manufacture

16.    Schedule 8 amended (Items of plant for which records must be kept)

Clause 6 of Schedule 8 to the Principal Regulations is amended by omitting ", other than Class 1 structures,".

17.   Substitutions

Each of the provisions of the Principal Regulations specified in Column 1 of Schedule 1 is amended by omitting " AS 3920.1 " on the number of occurrences specified in Column 2 of that Schedule and substituting " AS 4343 ".

SCHEDULE 1 - Substitutions

Regulation 17

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 24 December 2003

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Workplace Health and Safety Regulations 1998  –

(a) in relation to the use and handling of asbestos; and

(b) by making minor miscellaneous amendments.