Workplace Health and Safety Amendment (Infringement Notices) Regulations 2006
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 .
18 September 2006W. J. E. COX
Governor
By His Excellency's Command,
STEVEN KONS
Minister for Justice and Workplace Relations
These regulations may be cited as the Workplace Health and Safety Amendment (Infringement Notices) Regulations 2006 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Workplace Health and Safety Regulations 1998 are referred to as the Principal Regulations.
4. Regulation 128A inserted
Before regulation 129 of the Principal Regulations , the following regulation is inserted in Part 5:128A. Infringement notice offences and penalties
For the purpose of section 46A(1) and section 46B(1)(b)(ii) of the Act –(a) an offence against a provision of the Act or these regulations specified in column 2 of Schedule 11 is a prescribed offence; and(b) the penalty specified in column 4 of that Schedule in respect of that offence is its prescribed penalty.
5. Schedule 11 inserted
After Schedule 10 to the Principal Regulations , the following Schedule is inserted:SCHEDULE 11 - Infringement notice offencesPART 1 - Act
Column 1
Item
Column 2
Provision of Act
Column 3
General description of offence
Column 4
Penalty units
Natural person
Body corporate
1.
Section 23(4)
Employer at designated workplace fail to notify Director of employer's name, address and location of workplace as required
0.5
1.25
2.
Section 24(1)
Employer at designated workplace fail to notify Director of name of responsible officer as required
0.5
1.25
3.
Section 25(1)
Responsible officer at designated workplace fail to keep record book as required
0.5
1.25
4.
Section 25(2)
Responsible officer at designated workplace fail to make record book available for inspection as required
0.5
1.25
5.
Section 31(e)
Employer at workplace fail to permit member of health and safety committee to accompany inspector as requested and required
5
10
6.
Section 31(f)
Employer at workplace fail to permit members of health and safety committee to carry out functions and participate in training as required
5
10
7.
Section 47(1)
Person having control or management of workplace fail to notify inspector of particulars of occurrence of death, injury, illness or dangerous incident as required
2.5
5
8.
Section 47(2)
Person notifying inspector under section 47(1) fail to provide inspector with written notification of particulars of occurrence of death, injury, illness or dangerous incident as required
2.5
5
9.
Section 48(1)
Person fail to ensure that plant or other thing at site of accident or dangerous incident is not moved or otherwise interfered with without prior permission of inspector
10
25
10.
Section 49
Person fail to ensure plant let on hire or offered or advertised to be let on hire complies with prescribed requirements
10
25
PART 2 - Regulations
Column 1
Item
Column 2
Provision of regulations
Column 3
General description of offence
Column 4
Penalty units
Natural person
Body corporate
1.
Regulation 22(8)(a)
Person fail to notify Director of adverse result of employee's health surveillance as required (exposure to substance listed in Schedule 4 or 6)
2.5
5
2.
Regulation 22(8)(b)
Person fail to notify Director of adverse result of employee's health surveillance as required (exposure to prohibited substance)
2.5
5
3.
Regulation 22(8)(c)
Person fail to notify Director of adverse result of employee's health surveillance as required (exposure to notifiable carcinogenic substance)
2.5
5
4.
Regulation 22(8)(d)
Person fail to notify Director of adverse result of employee's health surveillance as required (exposure to other substance determined by Director)
2.5
5
5.
Regulation 39(1)
Person fail to hold relevant certificate of competency while performing specified task
2.5
6.
Regulation 39(2)
Accountable person fail to ensure person directed to perform specified task holds relevant certificate of competency
2.5
5
7.
Regulation 52(2)
Registered assessor fail to ensure information relating to certificate of competency application is not divulged without applicant's consent
2.5
8.
Regulation 53(3)
Accountable person fail to retain current certificate of inspection at workplace for inspection as required
1
2.5
9.
Regulation 53(4)(a)
Accountable person fail to cause certificates of inspection to be kept for serviceable life of plant
2.5
5
10.
Regulation 53(4)(b)
Accountable person fail to maintain register as required
2.5
5
11.
Regulation 53(5)
Accountable person fail to transfer certificates and register to another accountable person as required
1
2.5
12.
Regulation 53(7)
Person conceal from registered plant inspector any defects or damage to plant
3.75
7.5
13.
Regulation 54(1)
Person use registered plant without certificate of inspection in force
3.75
7.5
14.
Regulation 57(1)
Registered plant inspector fail to maintain records and provide records for inspection as required
2.5
5
15.
Regulation 58(1)
Accountable person fail to ensure personal protective equipment or clothing meets certain requirements and is hygienically maintained and used as required
2.5
5
16.
Regulation 58(2)
Person fail to wear, take reasonable care of and not deliberately damage or misuse any personal protective equipment or clothing as required
2.5
17.
Regulation 64(1)
Accountable person at designated workplace fail to send reports to Director as required
1
2.5
18.
Regulation 68
Accountable person fail to ensure lead is dealt with as required
2.5
5
19.
Regulation 70(1)
Manufacturer or importer of hazardous substance fail to ensure certain duties in respect of MSDS are complied with as required
3.75
7.5
20.
Regulation 70(2)
Manufacturer or importer of hazardous substance fail to ensure MSDS is prepared as required
2.5
5
21.
Regulation 70(3)
Supplier of hazardous substance fail to provide current MSDS for the substance as required
2.5
5
22.
Regulation 71
Supplier fail to ensure container in which chemical substance is held is labelled as required
3.75
7.5
23.
Regulation 75
Accountable person fail to ensure certain duties in respect of MSDS are complied with as required
3.75
7.5
24.
Regulation 76
Accountable person fail to ensure certain labelling requirements are met in respect of any container holding a chemical substance
3.75
7.5
25.
Regulation 77(1)
Accountable person fail to keep and maintain register as required
2.5
5
26.
Regulation 77(2)
Accountable person fail to make register accessible to employee as required
2.5
5
27.
Regulation 78
Accountable person fail to ensure certain enclosed hazardous substances are identified as required
2.5
5
28.
Regulation 79(1)
Person fail to use certain hazardous substances as required
3.75
7.5
29.
Regulation 80(1)
Accountable person fail to ensure electrical installation complies with AS 3000 as required
3.75
7.5
30.
Regulation 80(2)
Accountable person fail to ensure electrical installation and equipment in use in certain areas complies with AS 3000 as required
3.75
7.5
31.
Regulation 81(1)
Accountable person fail to ensure gas cylinder complies with AS 2030 as required
3.75
7.5
32.
Regulation 81(2)
Employer fail to operate gas cylinder test station as required
3.75
7.5
33.
Regulation 82
Accountable person fail to ensure that amusement structure is erected, operated, inspected and maintained as required, and that log books are made available as required
2.5
5
34.
Regulation 84(3)
Accountable person fail to ensure certain plant is fitted with stop and lock-off type controls as required
3.75
7.5
35.
Regulation 84(4)
Accountable person fail to ensure electrically operated plant is isolated as required
3.75
7.5
36.
Regulation 86
Person fail to ensure explosive-powered tool brought onto workplace complies with AS 1873
3.75
7.5
37.
Regulation 88(1)(a)
Person fail to comply with provision in respect of riding on hook or sling of hoisting appliance or crane
2.5
38.
Regulation 88(1)(b)
Person fail to comply with provision in respect of riding on load moved by hoisting appliance or crane
2.5
39.
Regulation 89(1)
Accountable person fail to provide certain suitable walkways or protective devices as required
3.75
7.5
40.
Regulation 89(2)
Accountable person fail to ensure adequate warning signs are provided
2.5
5
41.
Regulation 89(3)(a)
Owner of certain building fail to provide person working regularly on roof sheeted with brittle roof material with walkway as required
3.75
7.5
42.
Regulation 89(3)(b)
Owner of certain building fail to provide person using roof sheeted with brittle roof material as a means of access with a walkway as required
3.75
7.5
43.
Regulation 90
Accountable person fail to ensure plant is altered as required
2.5
5
44.
Regulation 91
Accountable person fail to ensure disposal of certain plant as required
1
2.5
45.
Regulation 94
Accountable person fail to ensure ladder used as required
2.5
5
46.
Regulation 95(1)
Accountable person fail to make and keep certain records and make those records available as required
1
2.5
47.
Regulation 95(2)
Accountable person fail to ensure records kept and transferred as required
2.5
5
48.
Regulation 96(1)
Person fail to comply with provision that certain manufactured, supplied, hired or leased plant have current design registration number as required
3.75
7.5
49.
Regulation 96(2)
Accountable person fail to ensure certain plant used has current design registration number as required
3.75
7.5
50.
Regulation 97(3)
Person fail to ensure plant design verified as required before applying for registration
3.75
7.5
51.
Regulation 99(3)
Person fail to comply with condition imposed by Director
3.75
7.5
52.
Regulation 100(1)
Person fail to provide design registration number to manufacturer, importer or supplier as required
1
2.5
53.
Regulation 100(2)
Manufacturer, importer or supplier fail to provide design registration number to certain person as required
1
2.5
54.
Regulation 102(1)
Accountable person use, or permit or cause to be used, specified plant not registered as required
2.5
5
55.
Regulation 104(2)
Person fail to comply with condition imposed by Director
2.5
5
56.
Regulation 105(2)
Accountable person fail to reapply for registration of item of plant
2.5
5
57.
Regulation 109(3)
Accountable person fail to revise noise assessment or to arrange for new noise assessment as required
2.5
5
58.
Regulation 109(4)
Accountable person fail to develop a written plan of action as required
2.5
5
59.
Regulation 109(6)
Accountable person fail to keep records of assessments and make records available as required
2.5
5
60.
Regulation 111(1)
Accountable person fail to ensure audiometric testing of employees as required
1
2.5
61.
Regulation 111(4)
Person fail to ensure procedures and equipment used in audiometric testing comply with AS 1269 as required
2.5
5
62.
Regulation 111(6)
Accountable person fail to ensure that records of audiometric testing are kept and made available as required
2.5
5
63.
Regulation 111(7)
Accountable person fail to provide employee, on ceasing employment, with certain copies of audiometric testing, when requested to do so by the employee
2.5
5
64.
Regulation 112
Accountable person fail to ensure work performed in confined space is performed in accordance with AS 2865
3.75
7.5
65.
Regulation 113
Accountable person fail to provide a system of fire protection as required
1
2.5
66.
Regulation 114(1)
Accountable person fail to ensure fire-protection and fire-fighting facilities are made available and maintained as required
2.5
5
67.
Regulation 115
Accountable person fail to ensure portable fire extinguishers are provided, installed and maintained in the workplace as required
1
2.5
68.
Regulation 118(3)
Accountable person in building, structure or mine fail to deal with presence of asbestos as required
2.5
5
69.
Regulation 118(6)
Demolition contractor fail to deal with asbestos as required
2.5
5
70.
Regulation 119
Person fail to comply with certain requirements before removing asbestos
2.5
5
71.
Regulation 120(1)
Person fail to comply with Code of Practice for the Safe Removal of Asbestos while removing asbestos
2.5
5
72.
Regulation 120(2)
Person undertake asbestos removal work without current asbestos removal licence
2.5
5
73.
Regulation 123
Person engaged in asbestos removal work fail to comply with regulation 120 and direction by inspector
2.5
5
74.
Regulation 124(1)
Person engaged in asbestos removal work fail to ensure asbestos waste collection carried out as required
2.5
5
75.
Regulation 124(2)
Person engaged in transport or disposal of asbestos waste material fail to ensure the transport and disposal carried out as required
2.5
5
76.
Regulation 125(1)(a)(i)
Person at work use or handle asbestos in any form (other than for sampling or analysis)
3.75
7.5
77.
Regulation 125(1)(a)(ii)
Person at work use or handle asbestos in any form (other than for mining as specified)
3.75
7.5
78.
Regulation 125(1)(b)
Person at work use product consisting of, or containing, asbestos in any form
3.75
7.5
79.
Regulation 126(1)
Person at workplace perform, or cause or permit to be performed, certain underwater activities other than as specified
3.75
7.5
80.
Regulation 126(2)
Person who employs or instructs fail to ensure person carrying out work in water using compressed gases to breathe does so as required
3.75
7.5
81.
Regulation 127(1)
Accountable person fail to ensure a person does not dive, or instruct or allow another person to dive, without approval of Director
3.75
7.5
82.
Regulation 127(2)
Person intending to, or cause other person to, undertake construction diving work fail to notify Director as required
2.5
5
83.
Regulation 128(1)
Person contracted fail to appoint and maintain responsible officer for certain construction work
2.5
5
84.
Regulation 128(2)
Responsible officer fail to provide Director with written notification as required
2.5
5
85.
Regulation 128(3)
Responsible officer fail to provide Director with written notification within certain time-frame as required
2.5
5
86.
Regulation 128(4)
Accountable person fail to submit written statement to Director as required
1
2.5
87.
Regulation 128(7)
Responsible officer fail to comply with requirement under regulation 128(5)
3.75
7.5
88.
Regulation 128(9)
Responsible officer fail to ensure all persons on construction site comply with safety management plan and any direction given by Director
5
12.5
89.
Regulation 128(10)
Accountable person fail to ensure safety management plan is submitted to, and approved by, the Director before construction work valued at greater than $2 000 000 is undertaken
3.75
7.5
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 27 September 2006
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Workplace Health and Safety Regulations 1998 by –(a) prescribing the offences in respect of which infringement notices may be issued; and(b) prescribing the penalties for those offences.