Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009)

- made under the Work Safety Act 2008

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of regulation  
   2.       Commencement  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against regulation—application of Criminal Code etc  

   PART 2--INJURY AND DANGEROUS OCCURRENCE REPORTING AND RECORDS

   6.      Period of incapacity for work—Act, s 36 (b)  
   7.      Requirements for notice—Act, s 38 (2)  
   8.      Keeping information given by chief executive  
   9.      Content of records  

   PART 3--FACILITIES

           Division 3.1--Amenities

   10.     Person conducting a business or undertaking to provide amenities  
   11.     Amenities to be safe and clean  
   12.     Facility for personal belongings  
   13.     Facility for changing clothes  
   14.     Facility for changing clothes—temporary workplaces  
   15.     Meal facility  
   16.     Combined facilities  
   17.     Toilet facility  
   18.     Washing facility  
   19.     Shower facility  
   20.     Drinking water  
   21.     Seating  
   22.     Working space  

           Division 3.2--First aid and sickness

   23.     First aid  
   24.     Arrangements for sick workers  

   PART 4--WORK SAFETY REPRESENTATIVES

           Division 4.1--Work safety representatives—election process

   25.     Work safety representative—eligibility  
   26.     Election process—number of work safety representatives  
   27.     Election process—worker consultation unit may ask others to conduct  
   28.     Election process—notice of election of work safety  
   29.     Election process—replacement work safety representatives  
   30.     Work safety representative—deputy  

           Division 4.2--Work safety representatives—general

   31.     Work safety representative—additional function—Act, s 58  
   32.     Work safety representative—exercising functions—Act, s 58  
   33.     Work safety representative—access to information  

           Division 4.3--Work safety representatives—conditions of office

   34.     Work safety representative—term of office  
   35.     Work safety representative—application for  
   36.     Work safety representative—grounds for disqualification  
   37.     Work safety representative—notice of intention to  
   38.     Work safety representative—disqualification  
   39.     Work safety representative—revocation of disqualification  
   40.     Work safety representative—approved training  
   41.     Work safety representative—refresher training  

           Division 4.4--Work safety representatives—employer's duties

   42.     Work safety representative—employer to allow for time to exercise functions and  
   43.     Work safety representative—employer to provide facilities  

           Division 4.5--Work safety representatives—provisional improvement notices

   44.     Provisional improvement notice—Act, dict, def provisional improvement  
   45.     Provisional improvement notice—issue of notice  
   46.     Provisional improvement notice—content of notice  
   47.     Provisional improvement notice—service of notice on chief executive  
   48.     Provisional improvement notice—service of notice on other employers  
   49.     Provisional improvement notice—display  
   50.     Provisional improvement notice—compliance  
   51.     Provisional improvement notice—revocation of notice  
   52.     Provisional improvement notice—review  

           Division 4.6--Work safety representatives—emergency procedures

   53.     Emergency procedure  
   54.     Emergency procedure—alternative work  

   PART 5--WORK SAFETY COMMITTEES

           Division 5.1--Work safety committees—establishment

   55.     Work safety committee—eligibility  
   56.     Election process—worker consultation unit may ask others to conduct  
   57.     Election process—notice of election of work safety committee  

           Division 5.2--Work safety committees—general

   58.     Work safety committee—exercising functions  
   59.     Work safety committee—governance  
   60.     Work safety committee—employer's duties  

   PART 6--AUTHORISED REPRESENTATIVES

   61.     Authorised representative—training—Act, s 62 (2) (b)  
   62.     Authorised representative—application for disqualification  
   63.     Authorised representative—grounds for disqualification  
   64.     Authorised representative—notice of intention to disqualify  
   65.     Authorised representative—disqualification  
   66.     Authorised representative—revocation of disqualification  

   PART 7--PARTICULAR SAFETY MEASURES

           Division 7.1--Entry and exit

   67.     Entry to and exit from workplaces  
   68.     Movement within workplaces  

           Division 7.2--Personal protective and safety equipment

   69.     Person conducting business or undertaking to provide personal protective and safety  
   70.     Responsibilities of users of personal protective and safety equipment  
   71.     Certain personal protective and safety equipment to be provided  
   72.     Air supplied respiratory equipment  

           Division 7.3--Prevention of falls

   73.     Meaning of anchorage—div 7.3  
   74.     Protection against falls  
   75.     Protection against falls—maintenance work  
   76.     Use of safety harness, safety line and anchorage  
   77.     Use of ladders  
   78.     Use of particular types of ladders  

           Division 7.4--Atmosphere and ventilation

   79.     Definitions—div 7.4  
   80.     Ventilation  
   81.     Unsafe oxygen levels—particular measures  
   82.     Unsafe levels of unclassified inhalable dust—particular  
   83.     Unsafe levels of oxygen and unclassified inhalable  
   84.     Monitoring levels of oxygen and unclassified inhalable dust  

           Division 7.5--Heat and cold

   85.     Air temperature  
   86.     Heat—particular measures  
   87.     Cold—particular measures  

           Division 7.6--Surfaces and floors

   88.     Floors—general  
   89.     Floors that become slippery  
   90.     Floors—hard surfaces  

           Division 7.7--Electricity

   91.     Definitions—div 7.7  
   92.     Electricity—measures for electrical installations  
   93.     Electricity—measures for articles of electrical equipment  
   94.     Electricity—measures for preventing contact  

           Division 7.8--Confined spaces

   95.     Definitions—div 7.8  
   96.     Design etc—confined spaces  
   97.     Hazard identification and risk assessment—confined spaces  
   98.     Entry to and work in confined spaces  
   99.     Isolation and control of potentially hazardous services—particular  
   100.    Clearing containment before entry—particular measures  
   101.    Unsafe level of oxygen and atmospheric contaminants  
   102.    Entry permits—particular measures  
   103.    Standby people—particular measures  
   104.    Emergencies—particular measures  
   105.    Entry protection—particular measures  
   106.    Atmospheric testing and monitoring—particular measures  
   107.    Training about confined spaces  
   108.    Record keeping  

           Division 7.9--Lighting

   109.    Person conducting business or undertaking to provide lighting  

           Division 7.10--Noise management

   110.    Definitions—div 7.10  
   111.    Working out  
   112.    Noise management—duties of designers etc  
   113.    Noise management—duties of person conducting business or  
   114.    Noise management—duties of workers  

           Division 7.11--Isolated work

   115.    Isolated workers  

           Division 7.12--Fire and explosion

   116.    Fire and explosion—risk control  
   117.    Fire and explosion—facilities  

           Division 7.13--Emergency procedures

   118.    Person conducting business or undertaking to provide for  

   PART 8--LICENSING HIGH RISK WORK

           Division 8.1--Important concepts

   119.    Definitions—pt 8  

           Division 8.2--High risk work licence

   120.    Carrying out high risk work without licence  
   121.    Allowing unlicensed person to carry out work  
   122.    Licence application  
   123.    Licence issue  
   124.    Licence conditions  
   125.    Failing to comply with condition of licence  
   126.    Form of licence  
   127.    Term of licence  
   128.    Renewal of licence  
   129.    Issue of renewed licence  
   130.    Application to vary licence  
   131.    Variation of licence  
   132.    Licensee not to hold other licence  
   133.    Replacement of lost etc licence  

           Division 8.3--Suspension or cancellation of licence

   134.    Grounds for compulsory cancellation of licence  
   135.    Compulsory cancellation of licence  
   136.    Grounds for discretionary cancellation of licence  
   137.    Discretionary cancellation of licence  
   138.    Suspension of licence after notice  
   139.    Immediate suspension of licence  
   140.    Review of licence suspension or cancellation  
   141.    Surrender of suspended or cancelled licence  
   142.    Cooperation with other jurisdictions  

           Division 8.4--Trainees under supervision

   143.    Supervisor's obligations  
   144.    Trainee's obligations  

           Division 8.5--Training and assessment

   145.    Training and assessment  
   146.    Chief executive may issue directions  
   147.    Exemption from training  
   148.    Assessor qualifications  
   149.    Statement of attainment  
   150.    Registered training organisation—agreement with chief executive to provide training  
   151.    Improperly issuing statement of attainment  
   152.    Improperly obtaining statement of attainment  

           Division 8.6--Administration

   153.    Keeping and providing records of training and assessment  
   154.    Cooperation with licensing authorities  
   155.    Cooperation with registered training organisations  

           Division 8.7--Exemptions

   156.    Application for exemption  
   157.    Grant of exemption  
   158.    Exemption conditions  
   159.    Failing to comply with condition of exemption  
   160.    Notice of exemption  

           Division 8.8--Miscellaneous

   161.    Chief executive may make inquiries  
   162.    Guidelines  
   163.    Production of licence etc on request  
   164.    Production of information etc on request  
   165.    Licensee's change of address  

   PART 9--CONSTRUCTION INDUCTION TRAINING

           Division 9.1--Definitions—pt 9

   166.    Definitions—pt 9  

           Division 9.2--Requirement to hold construction induction training card

   167.    Person on construction site without construction induction training  
   168.    Allowing worker to be on construction site without construction induction training  
   169.    Allowing person to be on construction site without construction induction training  

           Division 9.3--Construction induction training

   170.    Construction induction training and assessment  
   171.    Construction induction training—registered training organisation agreement with chief  
   172.    Construction induction training—trainer qualifications  
   173.    Construction induction training—statement of attainment  
   174.    Construction induction training—improperly issuing statement of  
   175.    Construction induction training—improperly obtaining statement of  

           Division 9.4--Construction induction training card

   176.    Construction induction training card—application  
   177.    Construction induction training card—issue  
   178.    Construction induction training card—form  
   179.    Production of construction induction training card to inspector on  
   180.    Replacement of lost etc card  

           Division 9.5--Cancellation of construction induction training card

   181.    Grounds for cancellation of construction induction training card  
   182.    Cancellation of construction induction training card  
   183.    Surrender of cancelled construction induction training card  

           Division 9.6--Miscellaneous

   184.    Employer to keep training records  
   185.    Chief executive to cooperate with other jurisdictions  

   PART 10--CARRYING OUT MANUAL TASKS

   186.    Meaning of manual task—pt 10  
   187.    Person conducting business or undertaking must give information etc  
   188.    Person in control of premises, plant or system must give information  
   189.    Person in control of design, manufacture, import or supply must give information  

   PART 11--INCORPORATED DOCUMENTS

   190.    Meaning of incorporated document  
   191.    Inspection of incorporated documents  
   192.    Notification of certain incorporated documents  

   PART 12--REVIEWABLE DECISIONS

   193.    Reviewable decision—Act, s 174 (b)  
   194.    Notice of reviewable decision—Act, s 175 (1)  
   195.    Internal review of certain decisions—Act, s 176 (1)  

   PART 13--TRANSITIONAL

   196.    Definitions—pt 13  
   197.    Transitional—continuing application of repealed regulation in relation to scheduled work  
   198.    Transitional—application of regulation in relation to scheduled work etc  
   199.    Transitional—certificates of competency  
   200.    Transitional—converting certificate of competency to licence  
   201.    Expiry—pt 13  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           DICTIONARY
           ENDNOTES