Work Health and Safety Amendment Regulations 2014
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 Work Health and Safety Act 2012 .
16 December 2014C. WARNER
Governor
By Her Excellency's Command,
PETER GUTWEIN
Treasurer
These regulations may be cited as the Work Health and Safety Amendment Regulations 2014 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Work Health and Safety Regulations 2012 are referred to as the Principal Regulations.
4. Regulation 2 amended (Commencement)
Regulation 2(3) of the Principal Regulations is amended as follows:(a) by omitting " 217 ,";(b) by omitting "1 January 2015" and substituting "1 January 2017".
5. Regulation 5 amended (Interpretation)
Regulation 5(1) of the Principal Regulations is amended as follows:(a) by omitting "microorganisms" from the definition of airborne contaminant and substituting "micro-organisms";(b) by inserting "or other users" after "passengers" in the definition of amusement device ;(c) by inserting "or move" after "travel" in the definition of amusement device ;(d) by omitting the definition of appropriate training in underwater medicine ;(e) by inserting the following subparagraphs after subparagraph (ii) in paragraph (d) of the definition of boiler :(iii) AMBSC Part 3 – Australian Miniature Boiler Safety Committee Code for Sub-Miniature Boilers;(iv) AMBSC Part 4 – Australian Miniature Boiler Safety Committee Code for Duplex Steel Boilers; or(f) by omitting "or" from paragraph (d)(ii) of the definition of boiler ;(g) by inserting the following definition after the definition of clearance inspection :combustible dust means finely divided solid particles (including dust, fibres or flyings), that are –(a) suspended in air or settle out of the atmosphere under their own weight; and(b) able to burn or glow in air; and(c) able to form an explosive mixture with air at atmospheric pressure and normal temperature;(h) by omitting the definition of combustible liquid ;(i) by inserting "a major" after "for" in paragraph (c) of the definition of competent person ;(j) by omitting "and testing" from paragraph (c) of the definition of competent person ;(k) by inserting "and passenger ropeways" after "devices" in paragraph (d) of the definition of competent person ;(l) by omitting the definition of concrete placement unit with delivery boom ;(m) by omitting "generation," from the definition of electricity supply authority ;(n) by inserting "or beams" after "beam" in paragraph (a) of the definition of gantry crane ;(o) by omitting "each end" from paragraph (a) of the definition of gantry crane and substituting "one or both ends";(p) by omitting "on" from paragraph (a) of the definition of gantry crane and substituting "to";(q) by omitting the definition of hazardous area and substituting the following definition:hazardous area means an area in which –(a) an explosive gas is present in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant; or(b) a combustible dust is present, or could reasonably be expected to be present, in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant;(r) by omitting "and" from paragraph (b) of the definition of incidental diving work ;(s) by omitting paragraph (c) from the definition of incidental diving work ;(t) by inserting the following definition after the definition of industrial robot :inflatable device (continuously blown) means an amusement device that is an inflatable device that relies on a continuous supply of air pressure to maintain its shape;(u) by inserting the following definition after the definition of packaged hazardous chemicals :passenger ropeway means a powered ropeway used for transporting, in a horizontal or inclined plane, passengers moved by a carrier that is –(a) attached to or supported by a moving rope; or(b) attached to a moving rope but supported by a standing rope or other overhead structure –including, in relation to the powered ropeway, the prime mover, any associated transmission machinery and any supporting structure and equipment, but does not include any of the following:(c) a cog railway;(d) a cable car running on rails;(e) a flying fox or similar device;(f) an elevating system for vehicles or boat style carriers associated with amusement devices;
Example
An elevating system for a log ride or boat flume ride.
(v) by inserting the following definition after the definition of plant :platform height, in relation to an inflatable device (continuously blown), means the height of the highest part of the device designed to support persons using it (the platform), as measured from the surface supporting the device to the top surface of the platform when the device is inflated but unloaded;(w) by omitting paragraph (b) from the definition of specified VET course and substituting the following paragraph:(b) in relation to Class A asbestos removal work, the VET course Remove friable asbestos; or(x) by inserting "or" after "Conduct asbestos assessment associated with removal;" in paragraph (e) of the definition of specified VET course ;(y) by inserting the following paragraph after paragraph (e) in the definition of specified VET course :(f) in relation to high risk work, the relevant VET course specified in Schedule 4 ;
6. Regulation 21 amended (Training for health and safety representatives)
Regulation 21(2) of the Principal Regulations is amended by omitting "all" and substituting "any".
7. Regulation 25 amended (Training requirements for WHS entry permits)
Regulation 25(3) of the Principal Regulations is amended as follows:(a) by omitting "must" and substituting "may";(b) by omitting "all" and substituting "any".
8. Regulation 43 amended (Duty to prepare, maintain and implement emergency plan)
Regulation 43(3) of the Principal Regulations is amended by omitting "consider" and substituting "have regard to".
9. Regulation 82 amended (Exceptions)
Regulation 82 of the Principal Regulations is amended as follows:(a) by omitting subregulation (1) and substituting the following subregulations:(1) A person who carries out high risk work is not required to be licensed to carry out the work if the work is carried out –(a) in the course of training towards a certification in order to be licensed to carry out the high risk work; and(b) under the supervision of a person who is licensed to carry out the high risk work.(1A) A person who holds a certification in relation to a specified VET course for high risk work is not required to be licensed to carry out the work –(a) for 60 days after the certification is issued; and(b) if the person applies for the relevant high risk work licence within that 60 day period, until –(i) the person is granted the licence; or(ii) the expiry of 28 days after the person is given written notice under regulation 91(2) of a decision to refuse to grant the licence.(1B) A person who carries out high risk work is not required to be licensed to carry out the work if the work is carried out while an accredited assessor is conducting an assessment of the person's competency in relation to the work.(b) by omitting subregulation (3) and substituting the following subregulation:(3) For the purposes of subregulation (2)(a) , moving includes operating the plant in order to load the plant onto, or unload it from, a vehicle or equipment used to move it.
10. Regulation 84 amended (Duty of person conducting business or undertaking to ensure direct supervision)
Regulation 84(1) of the Principal Regulations is amended by omitting " regulation 82(1)(a) " and substituting " regulation 82(1) ".
11. Regulation 85 amended (Evidence of licence – duty of person conducting business or undertaking)
Regulation 85 of the Principal Regulations is amended as follows:(a) by omitting subregulation (2) and substituting the following subregulations:(2) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in regulation 82(1) unless the person sees written evidence provided by the worker that the worker is undertaking the course of training referred to in regulation 82(1)(a) .(2A) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in regulation 82(1A) unless the person sees written evidence provided by the worker that the worker –(a) in the circumstances referred to in regulation 82(1A)(a) , holds a certification referred to in regulation 82(1A) ; and(b) in the circumstances referred to in regulation 82(1A)(b) –(i) holds a certification referred to in regulation 82(1A) ; and(ii) has applied for the relevant licence within the period referred to in regulation 82(1A)(b) .(b) by omitting from subregulation (3) " regulation 82(1)(a) " and substituting " regulation 82(1) ";(c) by inserting in subregulation (4) "a record of" after "keep";(d) by omitting from subregulation (4) "given to the person" and substituting "provided".
12. Regulation 87 amended (Application for high risk work licence)
Regulation 87(2) of the Principal Regulations is amended as follows:(a) by omitting from paragraph (b) "recent";(b) by inserting in paragraph (b) "in the form required by the regulator" after "applicant";(c) by inserting in paragraph (f)(i) "specified" after "to the";(d) by inserting in paragraph (f)(i) "specified" after "of the";(e) by omitting from paragraph (f)(i) "set out in Schedule 4 in relation to" and substituting "for".
13. Regulation 91A inserted
After regulation 91 of the Principal Regulations , the following regulation is inserted in Subdivision 2:(1) The regulator may impose any conditions it considers appropriate on a high risk work licence.(2) Without limiting subregulation (1) , the regulator may impose conditions in relation to 1 or more of the following:(a) control measures that must be implemented in relation to the carrying out of work or activities under the licence;(b) the circumstances in which work or activities authorised by the licence may be carried out.(3) The regulator must give the licence holder written notice of any conditions imposed on the licence.
Notes
1
A person must comply with the conditions of a licence (see section 45 of the Act).
2
A decision to impose a condition on a licence is a reviewable decision (see regulation 676).
14. Regulation 93 amended (Licence document)
Regulation 93(2)(b) of the Principal Regulations is amended by omitting "recent".
15. Regulation 101 amended (Application for renewal)
Regulation 101(2) of the Principal Regulations is amended by omitting paragraphs (b) and (c) and substituting the following paragraphs:(b) if required by the regulator, a photograph of the applicant in the form required by the regulator;(c) any other evidence of the applicant's identity required by the regulator;
16. Regulation 104 amended (Provisions relating to renewal of licence)
Regulation 104(1)(b) of the Principal Regulations is amended as follows:(a) by omitting " 90 and 92 " and substituting " 90 , 91A and 92 ";(b) by omitting " regulation 89 " and substituting "those regulations".
17. Regulation 106 amended (Suspension or cancellation of licence)
Regulation 106 of the Principal Regulations is amended as follows:(a) by inserting the following paragraph after paragraph (a) in subregulation (1) :(ab) the licence holder has failed to comply with a condition of the licence;(b) by omitting paragraph (b) from subregulation (2) and substituting the following paragraph:(b) another licence under these regulations to carry out work which requires skills that are the same as or similar to those required for the work authorised by the licence that has been suspended or cancelled.(c) by inserting the following subregulations after subregulation (2) :(3) If the regulator suspends a licence, the regulator may vary the conditions of the licence, including by imposing different or additional conditions.(4) A variation of conditions under subregulation (3) takes effect when the suspension of the licence ends.
Notes
1
A decision to suspend a licence, to cancel a licence or to disqualify the licence holder from applying for a further licence is a reviewable decision (see regulation 676 ).
2
A variation of licence conditions is a reviewable decision (see regulation 676 ).
18. Regulation 108 substituted
Regulation 108 of the Principal Regulations is rescinded and the following regulation is substituted:108. Notice to and submissions by licence holder
(1) Before suspending or cancelling a high risk work licence, the regulator must give the licence holder a written notice of –(a) the proposed suspension or cancellation; and(b) any proposed disqualification; and(c) any proposed variation of licence conditions.(2) A notice under subregulation (1) must –(a) outline all relevant allegations, facts and circumstances known to the regulator; and(b) advise the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation, any proposed disqualification and any proposed variation of licence conditions.
19. Regulation 109 amended (Notice of decision)
Regulation 109(2)(b) of the Principal Regulations is amended by inserting after subparagraph (iv) the following subparagraphs:(v) if licence conditions are to be varied, the variation; and(vi) if licence conditions are to be varied, that the variation will take effect when the suspension ends; and
20. Regulation 152 amended (Application of Division 4 )
Regulation 152 of the Principal Regulations is amended by omitting "generate,".
21. Regulation 158 amended (Preliminary steps)
Regulation 158(2)(b) of the Principal Regulations is amended by omitting the note and substituting the following note:
Note
Regulation 12 permits risk assessments to be conducted, in certain circumstances, in relation to a class of hazards, tasks, things or circumstances.
22. Regulation 161 amended (How the work is to be carried out)
Regulation 161(4)(a)(ii) of the Principal Regulations is amended by inserting "and resuscitate" after "rescue".
23. Regulation 167 amended (Purpose of Part 4.8 )
Regulation 167 of the Principal Regulations is amended by omitting "carrying out" and substituting "conducting".
24. Regulation 169 amended (Certificate of medical fitness)
Regulation 169(a) of the Principal Regulations is amended by omitting "appropriate".
25. Regulation 171 substituted
Regulation 171 of the Principal Regulations is rescinded and the following regulations are substituted:171. Competence of worker – general diving work – general qualifications
(1) A person must not carry out any type of general diving work unless the person holds a certificate for general diving work, issued by a training organisation, that demonstrates that the person has acquired the relevant competencies for that type of general diving work.(2) This regulation does not apply in relation to incidental diving work or limited diving work.(3) In this regulation –relevant competencies means the competencies specified in AS/NZS 4005.2:2000 (Training and certification of recreational divers) or AS/NZS 2815 (Training and certification of occupational divers) that are relevant to the type of general diving work to which subregulation (1) applies.
Note
See section 44 of the Act.
171A. Competence of worker – general diving work – additional knowledge and skill
(1) In addition to regulation 171, a person must not carry out general diving work unless the person has, through training, qualification or experience, acquired sound knowledge and skill in relation to the following:(a) the application of diving physics;(b) the use, inspection and maintenance of diving equipment (including emergency equipment) and air supply of the type to be used in the proposed general diving work;(c) the use of decompression tables or dive computers;(d) dive planning;(e) ways of communicating with another diver and with persons at the surface during general diving work;(f) how to safely carry out general diving work of the type proposed to be carried out;(g) diving physiology, emergency procedures and first aid.
Note
See section 44 of the Act.
(2) This regulation does not apply in relation to incidental diving work or limited scientific diving work.
26. Regulation 172 amended (Competence of worker – incidental diving work)
Regulation 172(1) of the Principal Regulations is amended as follows:(a) by omitting "has";(b) by omitting paragraphs (a) and (b) and substituting the following paragraphs:(a) has the knowledge and skill referred to in regulation 171A ; and(b) has relevant diving experience; and(c) is accompanied and supervised in the water by a person who has the competencies referred to in regulation 171 .
Note
See section 44 of the Act.
27. Regulation 173 amended (Competence of worker – limited scientific diving work)
Regulation 173(1)(a) of the Principal Regulations is amended by omitting " regulation 171(b) " and substituting " regulation 171A ".
28. Regulation 174 amended (Competence of competent person supervising general diving work)
Regulation 174(a) of the Principal Regulations is amended by omitting " regulation 171(a) " and substituting " regulation 171 ".
29. Regulation 215 amended (Powered mobile plant – specific control measures)
Regulation 215(1) of the Principal Regulations is amended by omitting "conducting a business or undertaking".
30. Regulation 217 rescinded
Regulation 217 of the Principal Regulations is rescinded.
31. Regulation 235 amended (Major inspection of registered mobile cranes and tower cranes)
Regulation 235 of the Principal Regulations is amended as follows:(a) by omitting subregulations (2) , (3) and (4) and substituting the following subregulations:(2) The person must ensure that a major inspection of the crane is carried out by, or under the supervision of, a competent person –(a) at the end of the design life recommended by the manufacturer for the crane; or(b) if there are no manufacturer's recommendations, in accordance with the recommendations of a competent person; or(c) if it is not reasonably practicable to comply with paragraph (a) or (b) , every 10 years from the date that the crane was first commissioned or first registered, whichever occurred first.(3) A major inspection carried out under and in accordance with an equivalent provision of a corresponding WHS law is taken to be a major inspection for the purposes of this regulation.(4) In this regulation, a competent person is a person who –(a) complies with both of the following:(i) has acquired through training, qualification or experience the knowledge and skills to carry out a major inspection of the plant;(ii) is –(A) registered on the National Professional Engineers Register administered by the Institution of Engineers, Australia; or(B) a member of the Institution of Engineers, Australia with the status of Chartered Professional Engineer; or(b) is determined by the regulator to be a competent person.(b) by inserting the following subregulation after subregulation (5) :(6) In this regulation –major inspection means –(a) an examination of all critical components of the crane, if necessary by stripping down the crane and removing paint, grease and corrosion to allow a thorough examination of each critical component; and(b) a check of the effective and safe operation of the crane.
32. Chapter 5, Part 5.2, Division 4, Subdivision 2: Heading amended
Subdivision 2 of Division 4 of Part 5.2 of Chapter 5 of the Principal Regulations is amended by inserting in the heading to that Subdivision "and passenger ropeways" after "devices".
33. Regulation 238 amended (Operation of amusement devices and passenger ropeways)
Regulation 238 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) "or passenger ropeway" after "amusement device";(b) by omitting from subregulation (1) "amusement" second occurring;(c) by inserting in subregulation (1) "or ropeway" after "the device";(d) by omitting from subregulation (1) "the proper" and substituting "its proper";(e) by omitting from subregulation (1) "of the device";(f) by inserting in subregulation (2) "or passenger ropeway" after "an amusement device";(g) by inserting in subregulation (2)(a) "or passenger ropeway" after "device";(h) by inserting in subregulation (2)(b) "or passenger ropeway" after "device";(i) by omitting from subregulation (2)(b) "the amusement device" second occurring and substituting "it";(j) by inserting in subregulation (2)(c) "or passenger ropeway" after "amusement device";(k) by omitting from subregulation (2)(c) "amusement" second occurring;(l) by inserting in subregulation (2)(c) "or ropeway" after "the device".
34. Regulation 239 amended (Storage of amusement devices and passenger ropeways)
Regulation 239 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) "or passenger ropeway" after "amusement device";(b) by inserting in subregulation (1) "or ropeway" after "the device";(c) by inserting in subregulation (2) "or passenger ropeway" after "amusement device";(d) by inserting in subregulation (2) "or ropeway" after "the device".
35. Regulation 240 amended (Maintenance, inspection and testing of amusement devices and passenger ropeways)
Regulation 240 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) "or passenger ropeway" after "amusement device";(b) by omitting from subregulation (1) "amusement" second occurring;(c) by inserting in subregulation (1) "or ropeway" after "of the device";(d) by omitting from subregulation (1)(b)(ii) "amusement";(e) by inserting in subregulation (1)(b)(ii) "or ropeway" after "device";(f) by inserting in subregulation (2) "or passenger ropeway" after "device".
36. Regulation 241 amended (Annual inspection of amusement devices and passenger ropeways)
Regulation 241 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) "or passenger ropeway" after "amusement device";(b) by inserting in subregulation (1) "or ropeway" after "the device";(c) by inserting in subregulation (2) "annual" after "An";(d) by inserting in subregulation (2)(a) "or passenger ropeway" after "device";(e) by inserting in subregulation (2)(b) "or passenger ropeway" after "device";(f) by inserting in subregulation (2)(c) "of the amusement device or passenger ropeway" after "inspections";(g) by inserting in subregulation (2)(e) "or passenger ropeway" after "inspection of the amusement device";(h) by inserting in subregulation (2)(e) "or passenger ropeway" after "components of the amusement device";(i) by inserting in subregulation (4) "or passenger ropeway" after "device";(j) by omitting subregulation (5) and substituting the following subregulation:(5) In this regulation, a competent person is a person who –(a) in the case of an inflatable device (continuously blown) with a platform height less than 9 metres, has acquired through training, qualification or experience the knowledge and skills to inspect the device; or(b) in the case of any other amusement device or a passenger ropeway –(i) has acquired through training, qualification or experience the knowledge and skills to inspect the plant; and(ii) is –(A) registered on the National Professional Engineers Register administered by the Institution of Engineers, Australia; or(B) a member of the Institution of Engineers, Australia with the status of Chartered Professional Engineer; or(c) in the case of any amusement device or passenger ropeway, is determined by the regulator to be a competent person.(k) by omitting from subregulation (6) " subregulation (5)(b) " and substituting " subregulation (5)(c) ";(l) by inserting the following subregulation after subregulation (6) :(7) An annual inspection carried out under and in accordance with an equivalent provision of a corresponding WHS law is taken to be an annual inspection for the purposes of this regulation.
37. Regulation 244 amended (Altered plant designs to be registered)
Regulation 244 of the Principal Regulations is amended by inserting after subregulation (2) the following subregulation:(3) This regulation does not apply in relation to a tower crane or a gantry crane if –(a) the crane is relocated for use in a different workplace; and(b) the design of the supporting structure or foundations of the crane is altered in accordance with a site-specific design prepared for the purpose of the safe operation of the crane at the new location; and(c) the design of the crane is not altered in any other way.
38. Regulation 252 amended (Who can be the design verifier)
Regulation 252 of the Principal Regulations is amended by omitting subregulations (2) and (3) and substituting the following subregulation:(2) Despite subregulation (1) , a person is not eligible to be a design verifier for the design of an item of plant if the person was involved in the production of the design.
39. Regulation 266 amended (Application for registration)
Regulation 266(2) of the Principal Regulations is amended as follows:(a) by omitting paragraph (f) ;(b) by omitting from paragraph (i) "the plant" and substituting "the item of plant";(c) by inserting in paragraph (i) "if known," after "registered,".
40. Regulation 269 amended (Decision on application)
Regulation 269(2) of the Principal Regulations is amended as follows:(a) by omitting from paragraph (b) "the plant" and substituting "the item of plant";(b) by omitting from paragraph (c) "the plant" and substituting "the item of plant".
41. Chapter 5, Part 5.3, Division 6 inserted
After regulation 288 of the Principal Regulations , the following Division is inserted in Part 5.3:Division 6 - Cancellation of registrationThis Division applies to –(a) the registration of a design of an item of plant; and(b) the registration of an item of plant.288B. Regulator may cancel registration
The regulator may cancel a registration if satisfied that –(a) the registration holder, in applying for the registration –(i) gave information that was false or misleading in a material particular; or(ii) failed to give any material information that should have been given; or(b) the design of the item of plant, or the item of plant (as applicable), is unsafe).
Note
A decision to cancel a registration is a reviewable decision (see regulation 676 ).
(1) Before cancelling a registration, the regulator must give the registration holder written notice –(a) setting out the proposal to cancel the registration and the reasons for it; and(b) advising the registration holder that the registration holder may make a submission to the regulator in relation to the proposed cancellation within a specified period (being not less than 28 days from the date of the notice).(2) After the date specified in a notice under subregulation (1) , the regulator must –(a) if the registration holder has made a submission in relation to the proposed cancellation, consider that submission; and(b) whether or not the registration holder has made a submission, decide –(i) to cancel the registration; or(ii) not to cancel the registration; and(c) within 14 days after making that decision, give the registration holder written notice that –(i) states whether or not the registration is cancelled; and(ii) if a submission was made in relation to the proposed cancellation, sets out the regulator's reasons for cancelling the registration; and(iii) specifies the date on which the cancellation, if any, takes effect.
Note
A decision to cancel a registration is a reviewable decision (see regulation 676 ).
288D. Registration holder to return registration document
A registration holder who receives a cancellation notice under regulation 288C must return the registration document to the regulator at the written request of the regulator within the time specified in the request.
42. Regulation 318 substituted
Regulation 318 of the Principal Regulations is rescinded and the following regulation is substituted:318. Recognition of general construction induction training cards issued in other jurisdictions
(1) In this Part (other than Division 2), a reference to a general construction induction training card includes a reference to a similar card issued under a corresponding WHS law.(2) Subregulation (1) does not apply to a card that is cancelled in the corresponding jurisdiction.
43. Regulation 342 amended (Labelling hazardous chemicals – containers)
Regulation 342 of the Principal Regulations is amended by inserting after subregulation (2) the following penalty:
44. Regulation 348 amended (Regulator must be notified if manifest quantities to be exceeded)
Regulation 348(2) of the Principal Regulations is amended as follows:(a) by omitting from paragraph (b) "earlier); and" and substituting "earlier).";(b) by omitting paragraph (c) .
45. Regulation 382 amended (Using, handling and storing restricted hazardous chemicals)
Regulation 382 of the Principal Regulations is amended by inserting after subregulation (1) the following note:
Note
See section 43 of the Act.
46. Regulation 418 amended (Health monitoring records)
Regulation 418(1) of the Principal Regulations is amended by inserting after paragraph (b) the following penalty:
47. Regulation 421 substituted
Regulation 421 of the Principal Regulations is rescinded and the following regulation is substituted:421. Application of Part 8.3
(1) This Part does not apply to naturally occurring asbestos.(2) Regulations 425 , 426 , 427 , 428 , 429 and 430 do not apply to any part of residential premises that is used only for residential purposes.
48. Regulation 491 amended (Who may apply for a licence)
Regulation 491(2) of the Principal Regulations is amended by omitting " regulation 493 , 494 or 495 (as applicable)" and substituting " regulation 495 ".
49. Regulation 492 amended (Application for asbestos removal licence or asbestos assessor licence)
Regulation 492(2) of the Principal Regulations is amended by omitting paragraph (a) and substituting the following paragraphs:(a) the name and address of the applicant;(ab) if required by the regulator of an applicant who is an individual, a photograph of the applicant in the form required by the regulator;
50. Regulation 498 amended (Class A asbestos removal licence – regulator to be satisfied about additional matters)
Regulation 498(a)(ii)(B) of the Principal Regulations is amended by omitting "and Class B asbestos removal work".
51. Regulation 516 amended (Application for renewal)
Regulation 516(2) of the Principal Regulations is amended by omitting paragraphs (b) and (c) and substituting the following paragraphs:(b) if required by the regulator of an applicant who is an individual, a photograph of the applicant in the form required by the regulator;(c) any other evidence of the applicant's identity required by the regulator;
52. Regulation 517 amended (Provisions relating to renewal of licence)
Regulation 517(3) of the Principal Regulations is amended by omitting "unless" and substituting "if".
53. Regulation 547 amended (Re-notification if quantity of Schedule 15 chemicals increases)
Regulation 547(1) of the Principal Regulations is amended by omitting paragraph (c) and substituting the following paragraph:(c) in relation to which the regulator –(i) has not conducted an inquiry under this Division; or(ii) on conducting an inquiry, has not determined the facility or proposed facility to be a major hazard facility under regulation 541 .
54. Regulation 676 amended (Which decisions under these regulations are reviewable)
Regulation 676(1)(b) of the Principal Regulations is amended as follows:(a) by inserting after item 2 in the table the following:
2A.
91A – Imposition of a condition when granting licence
Applicant
2B.
91A – Imposition of a condition when renewing licence
Applicant
(b) by omitting item 3 from the table and substituting the following:
3.
98 – Refusal to issue replacement licence document
Licence holder
(c) by omitting item 7 from the table and substituting the following:
7.
106 – Disqualification of licence holder from applying for another licence
Licence holder
7A.
106 – Variation of licence conditions
Licence holder
(d) by omitting items 27 and 28 from the table and substituting the following:
27.
288 – Refusal to issue replacement registration document
Registration holder
The person with management or control of the item of plant
27A.
288B – Decision to cancel registration
Registration holder
The person with management or control of the item of plant
General construction induction training
28.
322 – Refusal to issue general construction induction training card
Applicant
(e) by omitting item 41 from the table and substituting the following:
41.
513 – Refusal to issue replacement licence document
Licence holder
55. Regulation 700 amended (Inspectors' identity cards)
Regulation 700(a) of the Principal Regulations is amended as follows:(a) by omitting "of the size, and";(b) by omitting "form," and substituting "form".
56. Schedule 3 amended (High Risk Work Licences and Classes of High Risk Work)
Schedule 3 to the Principal Regulations is amended by omitting items 15 , 16 , 17 and 18 from the table and substituting:
15.
Slewing mobile crane – with a capacity up to 20 tonnes
Use of a slewing mobile crane with a capacity of 20 tonnes or less
Use of a vehicle loading crane with a capacity of 10 metre tonnes or more, excluding the application of load estimation and slinging techniques to move a load
Use of a non-slewing mobile crane with a capacity exceeding 3 tonnes
Use of a reach stacker
16.
Slewing mobile crane – with a capacity up to 60 tonnes
Use of a slewing mobile crane with a capacity of 60 tonnes or less
Use of a vehicle loading crane with a capacity of 10 metre tonnes or more, excluding the application of load estimation and slinging techniques to move a load
Use of a non-slewing mobile crane with a capacity exceeding 3 tonnes
Use of a reach stacker
17.
Slewing mobile crane – with a capacity up to 100 tonnes
Use of a slewing mobile crane with a capacity of 100 tonnes or less
Use of a vehicle loading crane with a capacity of 10 metre tonnes or more, excluding the application of load estimation and slinging techniques to move a load
Use of a non-slewing mobile crane with a capacity exceeding 3 tonnes
Use of a reach stacker
18.
Slewing mobile crane – with a capacity over 100 tonnes
Use of a slewing mobile crane with a capacity exceeding 100 tonnes
Use of a vehicle loading crane with a capacity of 10 metre tonnes or more, excluding the application of load estimation and slinging techniques to move a load
Use of a non-slewing mobile crane with a capacity exceeding 3 tonnes
Use of a reach stacker
57. Schedule 5 amended (Registration of Plant and Plant Designs)
Schedule 5 to the Principal Regulations is amended as follows:(a) by inserting in Part 1 after item 1.8 the following item:
1.8A
Passenger ropeways.
(b) by omitting item 1.9 from Part 1 and substituting the following item:
1.9
Concrete placing booms.
(c) by omitting item 1.10 from Part 1 and substituting the following item:
1.10
Prefabricated scaffolding.
(d) by omitting clause 2 from Part 1 and substituting the following clause:
2
Exceptions
(1)
The items of plant listed in clause 1 do not include –
(a) a heritage boiler; or
(ab) any pressure equipment (other than a gas cylinder) excluded from the scope of AS/NZS 1200:2000 (Pressure equipment); or
Note
See section A1 of Appendix A to AS/NZS 1200:2000.
(b) a crane or hoist that is manually powered; or
(ba) a reach stacker; or
(c) an elevating work platform that is a scissor lift or a vertically moving platform; or
(d) a tow truck.
(2)
The following devices are excluded from clause 1.8:
(a) class 1 devices;
(b) playground devices;
(c) water slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure;
(d) wave generators where patrons do not come into contact with the parts of machinery used for generating water waves;
(e) inflatable devices, other than inflatable devices (continuously blown) with a platform height of 3 metres or more.
(e) by omitting item 3.7 from Part 2 and substituting the following item:
3.7
Concrete placing booms.
(f) by omitting clause 4 from Part 2 and substituting the following clause:
4
Exceptions
(1)
The items of plant listed in clause 3 do not include –
(a) any pressure equipment (other than a gas cylinder) excluded from the scope of AS/NZS 1200:2000 (Pressure equipment); or
Note
See section A1 of Appendix A to AS/NZS 1200:2000.
(b) a crane or hoist that is manually powered; or
(c) a reach stacker.
(2)
The following devices are excluded from clause 3.6:
(a) class 1 devices;
(b) playground devices;
(c) water slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure;
(d) wave generators where patrons do not come into contact with the parts of machinery used for generating water waves;
(e) inflatable devices, other than inflatable devices (continuously blown) with a platform height of 3 metres or more.
58. Schedule 6 amended (Classification of Mixtures)
Schedule 6 to the Principal Regulations is amended by omitting the column headings from Table 6.1 and substituting:
Item
Ingredient classification
Mixture classification
Skin sensitiser Category 1
Respiratory sensitiser Category 1
All physical states
Solid/liquid
Gas
59. Schedule 10 amended (Prohibited Carcinogens, Restricted Carcinogens and Restricted Hazardous Chemicals)
Schedule 10 to the Principal Regulations is amended by omitting item 10 from table 10.3 and substituting:
10.
Free silica (crystalline silicon dioxide)
For abrasive blasting at a concentration of greater than 1%
60. Schedule 15 amended (Hazardous Chemicals at Major Hazard Facilities (and their Threshold Quantity))
Schedule 15 to the Principal Regulations is amended as follows:(a) by omitting the definitions of LD50(median lethal dose) for acute oral toxicity and LD50for acute dermal toxicity, and the definition of LC50for acute toxicity on inhalation from clause 1 ;(b) by omitting from clause 5(1) "listed" and substituting "listed in table 15.1";(c) by omitting from clause 5(1) "chemical in table 15.1" and substituting "chemical";(d) by omitting the table headed "Table 15.3 – Criteria for toxicity" from clause 6(2) and substituting the following table:Table 15.3 – Criteria for toxicity
Column 1
Column 2
Column 3
Description
Oral Toxicity1 LD50 (mg/kg)
Dermal Toxicity2 LD50 (mg/kg)
Inhalation Toxicity3 LC50 (mg/L)
Very Toxic
LD50 ≤ 5
LD50 ≤ 40
LC50 ≤ 0.5
Toxic
5 < LD50 ≤ 50
40 < LD50 ≤ 200
0·5 < LC50 ≤ 2
Key
1
In rats
2
In rats or rabbits
3
4 hours in rats
61. Schedule 16 amended (Matters to be included in Emergency Plan for Major Hazard Facility)
Schedule 16 to the Principal Regulations is amended as follows:(a) by omitting paragraph (c) of item 1.2 and substituting the following item:
(c) identifying all potentially hazardous inventories in the area that are known to the operator and the location of all staging points for emergency service organisations.
(b) by omitting item 2.3 and substituting the following item:
2.3
The contact details of, and the means of contacting, the persons at the facility responsible for liaising with emergency service organisations.
(c) by omitting item 2.5 and substituting the following item:
2.5
Arrangements for assisting emergency service organisations and nearby facilities with control actions taken in the surrounding area.
(d) by omitting item 3.1 and substituting the following item:
3.1
In the event of the occurrence of a major incident or an event that could reasonably be expected to lead to a major incident, procedures for notifying the emergency service organisations with which the emergency plan was prepared under regulation 557 .
(e) by omitting item 3.4 and substituting the following item:
3.4
Contact details for emergency service organisations and other support services that can assist in providing resources and implementing evacuation plans in the event of a major incident.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 24 December 2014
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Work Health and Safety Regulations 2012 by delaying the commencement of certain regulations until 1 January 2017 and implementing nationally agreed changes to the model Work Health and Safety Regulations including –(a) clarifying exceptions from licensing requirements for high risk work; and(b) providing that high risk work licences may be subject to conditions; and(c) removing a provision relating to protective structures on earth moving machinery; and(d) providing for the mutual recognition of major inspections of registered mobile cranes and registered tower cranes; and(e) extending the control measures for amusement devices to include passenger ropeways; and(f) removing the requirement for design registration for prefabricated formwork; and(g) extending Division 4 of Part 4.7, which relates to electrical work on energised electrical equipment, to the generation of electricity; and(h) providing for the cancellation of registration issued for plant designs or items of plant; and(i) making other miscellaneous amendments.