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OCCUPATIONAL HEALTH AND SAFETY (GENERAL) REGULATION 2007 (NO 36 OF 2007)
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
Subordinate Law No SL2007-36
EXPLANATORY
STATEMENT
Circulated by the authority of
Andrew Barr MLA
Minister for
Industrial Relations
The Occupational Health and Safety Act 1989 (the Act) provides for the
promotion and improvement of the standards of occupational health, safety and
welfare, and for related purposes. The Occupational Health and Safety (General)
Regulation 2007 (the Regulation) is made under the section 229 of the
Act.
The Regulation provides for risk control, training for
health and safety representatives, reporting of and record keeping in relation
to dangerous occurrences at the workplace, and for particular duties and safety
measures that relate to the management at workplaces of
—
• entry and exit from the
workplace;
• the use of personal protective and safety
equipment;
• the prevention of falls;
• measures
relating to atmosphere and ventilation;
• extremes of heat and
cold;
• safe surfaces and floors;
• the safe use of
electricity;
• work in confined spaces;
• lighting;
• noise, and the risk of hearing
impairment;
• employees working in isolation;
• the
risk of fire and explosion; and
• emergency procedures in the
workplace.
The Regulation gives effect to national uniform occupational health and
safety standards in relation to noise (National Standard for Occupational
Noise [NOHSC:1007 (2000)]), and working in confined spaces (ASNZS 2865 -
2001: Safe Working in a Confined Space).
Strict liability offences are usually employed in cases where it is necessary
to ensure the integrity of a regulatory scheme, particularly those relating to
public health and safety, the environment, and the protection of the revenue.
Such offences are primarily aimed at the less serious side of the criminal
spectrum with penalties generally at the lower end of the scale.
The Regulation requires compliance with provisions that are intended
to ensure the safety of workplaces and health and safety of employees.
Accordingly, the Government considers strict liability appropriate, particularly
given the low level of penalty attached to them, for certain offences in the
Regulation.
Offences that are infringement notice offences are provided
for. As a consequence the Magistrates Court (Occupational Health and Safety
Infringement Notices) Regulation 2004 is to be amended by the Magistrates Court
(Occupational Health and Safety Infringement Notices) Amendment Regulation 2007.
The National Occupational Health and Safety Strategy 2002 –
2012, to which the ACT is a signatory, is predicated on the understanding
that a nationally consistent approach to health and safety regulation at
workplaces is essential for employers, employees and other duty holders to play
their part efficiently in the reduction of workplace injury and disease. The
Regulation will enhance the ability of the ACT to meet its commitment to the
National Strategy
The Regulation will strengthen the workplace safety
regulatory framework. The matters provided for in the Regulation establish
benchmarks and describe basic conditions: they do not create new conditions, do
not introduce new practices to responsible employers and are unlikely to require
new work. Compliance with the provisions of the Regulation will cause costs to
be incurred only by those enterprises that are not currently meeting the general
safety duties imposed by the Act.
The Office of Regulatory Services is responsible for the costs of
education and publicity about workplace safety matters.
Section 1 provides for the name of the Regulation to be the Occupational
Health and Safety (General) Regulation 2007.
Section 2 provides for commencement of the Regulation to be on the day that
is the later date of either the day that is 6 months after its notification day;
or the day on which the Occupational Health and Safety (Regulatory Services)
Legislation Amendment Act 2007 commences.
Notification day is
the day on which the Regulation is formally notified in the ACT Legislation
Register; which is at http://www.legislation.act.gov.au/
Section 3 provides for the dictionary at the end of the Regulation to be part
of the Regulation.
Section 4 Notes
Section 4 indicates that a
note in the Regulation is explanatory and is not part of the
Regulation.
Section 5 Offences against regulation – application
of Criminal Code etc
Section 5 provides for offences against the
Regulation and for the application of the Criminal Code, and the Legislation
Act 2001 to provide for the meaning of ‘penalty
units’.
Chapter 2 Important Concepts
Section 6 provides for the elements that go to satisfying the requirement in
a provision of the Regulation, other than a provision in Chapter 3 of the
Regulation, that a person ensure that a thing is done.
Subsection 6(1)
applies the section to where a provision of the Regulation, other than a
provision in Chapter 3, requires a person to ensure that something is or is not
done in relation to a workplace.
Subsection 6(2) provides that the
requirement to ensure that something is or is not done in relation to a
workplace is satisfied if the person (a) takes all reasonably practicable steps
to eliminate the risks that might result if the requirement were not met; or,
(b) if it is not reasonably practicable to eliminate the risks, to minimise the
risks.
Subsection 6(3) provides that subsection 6(2) does not limit the
ways in which the requirement to ensure something might be
satisfied.
Section 7 Meaning of in control of a
workplace
Subsection 7(1) provides that, for the purposes of the
Regulation, a person is in control of a workplace if, and to the extent
that, the person has control (a) of the workplace; (b) of a means of entry to
or exit from a workplace; or (c) of plant or a substance at a workplace.
The note gives as examples of a person in control of a workplace:
an employer, a site supervisor, a building owner, or a plant owner.
Subsection 7(2) provides that more than one person may be in control of
a workplace. Where a duty is imposed on a person in control of a
workplace each person who has control of the workplace is required to comply
with the duty.
Section 8 Meaning of reasonably practicable
steps
Section 8 provides for the meaning of reasonably practicable
steps for the purposes of the Regulation.
Subsection 8(1) provides
for things that must be considered in working out what are reasonably
practicable steps. These are –
(a) the seriousness of the
risk;
(b) the current state of knowledge about –
(i) the
hazard giving rise to the risk, and
(ii) ways of eliminating or
minimising the risk;
(c) the availability and suitability of ways to
eliminate or minimise the risk; and
(d) the cost of eliminating or
minimising the risk.
Subsection 8(2) provides that, for section 8, the
cost includes burdens and disadvantages. These costs would
include, but not be limited to, the actual expenditure of time and
money.
Section 9 Minimising risks
Section 9 provides that, for
the purposes of the Regulation, if a person is required to minimise a risk the
person must take certain steps, in a particular order, until the risk is reduced
as far as is reasonably practicable.
The required steps are given, in
the order required to be taken, in paragraphs 9(a) to (e) and are -
substitution, isolation, minimisation by engineering means, minimisation by
administrative means, and the use of personal protective and safety
equipment.
Chapter 3 Workplace Requirements
Part 3.1 Important
concept — Ch 3
Section 10 Satisfying a requirement to ensure
something
Subsection 10(1) applies section 10 if a section of Chapter
3 requires a person to ensure that something is done or is not done in relation
to a workplace.
Subsection 10(2) provides that the requirement to
ensure that something is done or is not done in relation to a workplace is
satisfied if the person takes all reasonably practicable steps to have the thing
done or not done.
Subsection 10(3) provides that subsection 10(2) does
not limit the ways in which the requirement may be satisfied.
Part 3.2 Facilities
Division
3.2.1 Amenities
Section 11 provides that an employer must ensure that appropriate amenities
are provided to all employees while they are at the workplace. This means that
an employer must take all reasonably practicable steps to provide appropriate
amenities at the workplace.
Subsection 11(2) provides for elements to
be considered in deciding what is appropriate for the purposes of the
section. These include in paragraph (a) the nature of the work undertaken at
the workplace; (b) the size and location of the workplace; and (c) the number
of men and women at the workplace.
Subsection 11(3) provides that for
section 11 amenities means facilities for the welfare or personal hygiene
needs of people. Examples of these are given and include toilets, seating,
change rooms, drinking water and lockers.
Section 12 provides that a person in control of the workplace must ensure
that amenities provided under section 11 and other accommodation for the welfare
of employees are kept safe and clean.
Section 13 Facilities for
personal belongings
Section 13 requires that an employer is to provide
employees with reasonable access to facilities for keeping clothes and personal
belongings safe and clean at the workplace.
Section 14 Facilities for
changing clothes
Subsection 14(1) provides that section 14 applies if
(a) because of the nature of the work to be undertaken at the workplace or the
usual working conditions, an employee needs to change clothes before, during or
after work, and (b) the work is usually performed at the same location, and (c)
the workplace is in or near a building where a changing facility can be
provided.
Subsection 14(2) requires an employer to provide separate
changing facilities for men and women employees at or near the
workplace.
Subsection 14(3) qualifies subsection 14(2) to allow an
employer to provide a single change room if the employer ensures privacy and
security between male and female employees while changing their
clothes.
Subsection 14(4) provides that a change room must have enough
space and seating for the number of people likely to be using it at any
particular time and must have (a) a reasonable number of mirrors and shelves;
(b) be hygienic; and (c) give reasonable privacy.
Subsection 14(5)
provides that section 14 is subject to section 17. Section 17 provides that an
employer may combine facilities including change rooms in certain
circumstances.
Section 15(1) applies section 15 if an employee needs to change clothes
before, during or after work because of the nature of the work or the usual
working conditions and the work is not usually performed in the same place, the
workplace is not in or near a building where changing facilities can be
provided.
Subsection 15(2) requires an employer to provide separate
changing facilities for men and women employees.
Subsection 15(3)
qualifies subsection 15(2) to allow an employer to provide a single change room
if the employer ensures privacy and security between male and female employees
while changing their clothes.
Subsection 15(4) provides that a changing
facility must be (a) accessible from the workplace; (b) hygienic; and (c)
reasonably private.
Subsection 15(5) provides that section 15 is subject
to section 17. Section 17 provides that an employer may combine facilities
including change rooms in certain circumstances.
Subsection 16(1) provides that section 16 applies if it is reasonable for
meal facilities to be provided for employees because of the nature of the work
or the usual working conditions (for instance, the hours of work cover one or
more of the usual times for meals).
Subsection 16(2) requires the employer to
provide employees with access to reasonable meal facilities.
Subsection
16(3) provides that the meal facilities must be (a) reasonably accessible from
the workplace; (b) hygienic; and (c) protected from the
weather.
Subsection 16(4) provides that section 16 is subject to section
17. Section 17 provides that an employer may combine facilities where there are
no more than 15 employees employed at the workplace, and, if the combined
facilities are to include meal facilities, the combined facility would not
detrimentally affect the health or welfare of anyone eating in the area.
Section 17 allows an employee to combine facilities where there are no more
than 15 employees employed at the workplace, and, if the combined facilities are
to include meal facilities, the combined facility would not detrimentally affect
the health or welfare of anyone eating in the area.
Subsection 17(1)
provides that section 17 applies to workplaces with 15 or fewer
employees.
Subsection 17(2) provides that an employer may combine 2 or
more of the required facilities.
Subsection 17(3) provides that
subsection 17(2) does not apply if the combined facility is to include a
facility under section 16 (Meal facilities) and the health and welfare of anyone
eating in the facility will be adversely affected because the facilities are
combined.
Subsection 17(4) provides that the required facilities
referred to in subsection 17(2) mean the facilities referred to in —
section 13 (Facilities for personal belongings), section 14 (Facilities for
changing clothes), section 15 (Facilities for changing clothes—temporary
workplaces); or section 16 (Meal facilities).
Subsection 18(1) requires an employer to ensure that employees have
reasonable access to toilet facilities.
Subsection 18(2) requires an
employer to provide adequate and hygienic facilities for the disposal of
sanitary items.
Subsection 18(3) requires that the toilet facilities must
be (a) accessible from the workplace; (b) hygienic; (c) protected from the
weather; and (d) kept in a clean and hygienic working
condition.
Subsection 18(4) requires an employer to provide separate
toilet facilities for men and for women employees.
Subsection 18(5)
provides that the employer need not provide separate toilet facilities for men
and for women employees if the employer ensures privacy and security between men
and women in using the facilities.
Subsection 18 (6) provides that an
employer need not provide the toilet facilities required in subsections 17(3),
(4) and (5) if (a) not more than 5 people are working at the workplace; (b)
premises with a clean and hygienic toilet are reasonably accessible to the
workplace; and (c) the owner of the premises gives permission for employees to
use the toilet facility.
Subsection 19(1) requires an employer to ensure that employees have
reasonable access to washing facilities.
Subsection 19(2) requires the
employer to ensure that (a) each sink has running water; or (b) if it is not
reasonable for a sink to have running water – that employees have access
to clean water near to the facility.
Subsection 19(3) provides that a
washing facility mean a facility for a person to wash and to dry the
person’s hands, arms, neck and face.
Subsection 20(1) provides that the section applies if, because of the nature
of the work, or of the usual working conditions, an employee needs to shower at
or after work at the workplace.
Subsection 20(2) requires the employer to
ensure that employees have reasonable access to shower
facilities.
Subsection 20(3) requires the employer to ensure privacy and
security between male and female employees in the shower facilities
provided.
Section 21 Drinking water
Subsection 21(1) provides
that an employer commits an offence if drinking water is not provided for
employees at the workplace. A maximum penalty of 10 penalty units is provided
for
Subsection 21(2) provides that an offence against section 21 is a
strict liability offence.
Section 22 Seating
Subsection 22(1)
requires an employer to provide seating for an employee if it is reasonable for
the employee to work while seated.
Subsection 22(2) requires an employer
to provide seating for an employee to use from time to time if it reasonable for
an employee to perform some tasks while seated.
Subsection 22(3) requires
the seating provided to be (a) ergonomically sound; (b) provide suitable
support; and (c) be appropriate for the type of work being
done.
Subsection 22(4) provides that what is reasonable in relation to
subsections (1) and (2) is to be decided having regard to the nature of the work
undertaken by the employee.
Section 23 Working space
Section 23
requires an employer to ensure that sufficient space is provided to allow
workers to work safely.
Subsection 24(1) requires an employer to provide appropriate first aid
equipment at the employer’s workplace so that each person has reasonable
access to the equipment.
Subsection 24(2) requires an employer to ensure
that an appropriate number of people trained in first aid are available to give
first aid at the workplace.
Subsection 24(3) provides that what is
appropriate for subsection (1) or (2) must be decided having regard to (a) the
nature of the work done at the workplace; (b) the size and location of the
workplace; and (c) the number of employees at the workplace.
Subsection
24(4) provides that, for the section, first aid means the immediate
treatment or care of a person who is injured or becomes sick.
Section 25 provides that, if there is not a first aid room or a health centre
provided at the workplace, an employer must make appropriate arrangements to
ensure the well-being of an employee who is injured or becomes sick at
work.
Part 3.3 Particular safety measures
Division
3.3.1. Entry and exit
Section 26 Entry to and exit from
workplaces
Section 26 requires a person in control of a workplace to
ensure that any one entering or leaving the workplace is able to (a) enter, exit
and move safely about the workplace; and (b) leave the workplace in an
emergency – that is a serious situation or occurrence that happens
unexpectedly and demands immediate action.
Subsection 27(1) requires a person in control of a workplace to ensure that anyone allowed at the workplace has safe access to (a) each place at the workplace where the person is allowed to be; and (b) to any amenities provided at the workplace where the person is allowed to be.
Subsection 27(2) provides that a person in control of a workplace commits an
offence if a passage or other space used for normal movement in the workplace,
or an emergency exit contains anything that could hinder or prevent the safe and
quick exit of anyone in an emergency.
A maximum penalty of 10 penalty
points is provided for.
Subsection 27(3) provides that an offence against section 27 is a strict liability offence.
Division 3.3.2 Personal protective and safety
equipment
Section 28 Employer to provide personal protective and
safety equipment
Section 28 requires that, where the measures are taken
by an employer to minimise a risk include the use of personal protective and
safety equipment, the employer must provide each person who is at risk with
personal protective and safety equipment. Section 9 of the Regulation provides
that personal protective and safety equipment is the last of the steps to be
taken to minimise a risk.
Paragraphs 28(1) (a) to (e) require that
–
(a) the equipment provided is appropriate for the person and
minimises the risk for the person;
(b) that the person to whom the
equipment is provided is told of any limitation of the equipment;
(c) that the person to whom the equipment is provided is given
instruction and training in the use of the equipment so as to ensure that the
equipment minimises the risk for the person;
(d) that the equipment is
properly maintained and repaired, or replaced as frequently as is necessary, to
minimise the risk for the person; and
(e) that the equipment is kept
in a clean and hygienic condition.
Subsection 28(2) provides that the
employer commits an offence if the personal protective and safety equipment used
to minimise risk at a workplace is not stored in an accessible place at the
workplace. A maximum penalty of 10 penalty points is provided
for.
Subsection 28(3) provides that an employer commits an offence if (a)
there are areas in the workplace where the personal protective and safety
equipment must be used; and (b) the areas are not clearly identified. A
maximum penalty of 10 penalty points is provided for.
Subsection 28(4) provides that an offence against section 28 is a strict liability offence.
Section 29 Responsibilities of users of personal protective and safety
equipment
Subsection 29(1) provides that the section applies if an
employee has been provided with personal protective and safety equipment for use
at the workplace.
Subsection 29(2) requires an employee to use the
personal protective and safety equipment in accordance with the instructions
given under paragraph 28(1)(c).
Subsection 29(3) provides that the
employee must not misuse or damage the personal protective and safety
equipment.
Subsection 29(4) requires the employee to tell the employer as
soon as possible if the employee becomes aware of any damage to, or defect in,
or a need to clean or sterilize the personal protective and safety
equipment.
Section 30 Certain personal protective and safety equipment
to be provided
Subsection 30(1) provides that the requirements of section
30 are in addition to any other requirements for measures to be taken by a
person in control of a workplace to minimise a risk.
Subsection 30(2)
requires a person in control of a workplace to ensure that appropriate personal
protective and safety equipment is provided to anyone in the workplace if it
is–
(a) reasonably foreseeable that a person could, while at the
workplace–
(i) be struck by an object capable of causing an
injury;
(ii) be injured by coming into contact with a sharp object;
or
(iii) be subject to a risk to health or safety because of exposure to
a substance, agent, contaminant, radiation or extreme of temperature;
or
(iv) be exposed to a risk of injury to eyesight or to hearing
capacity; or
(b) the person should be highly visible because of the
nature of the workplace.
Subsection 30(3) requires that appropriate steps
are to be taken by the person in control of the workplace to ensure that no risk
to the health or safety of any one is created if the use of personal protective
and safety equipment might affect the user’s ability to communicate with
others.
Section 31 Air supplied respiratory
equipment
Subsection 31(1) provides that the section applies if
air-supplied respiratory equipment is used, or is provided for use, at a
workplace.
Subsection 31(2) provides that an employer commits an offence
if air-supplied respiratory equipment supplies air at (a) less than 170L/min;
and (b) that contains less than 19.5% or more than 22% oxygen. A maximum
penalty of 10 penalty points is provided for.
Subsection 31(3) provides
that an employer must ensure that the air from the air-supplied respiratory
equipment must be passed through (a) an efficient purifying device; (b) an
efficient conditioner; (c) an efficient condensate trap; and (d) an efficient
device to eliminate stale air.
Subsection 31(4) provides that the
equipment must (a) be maintained in efficient working order; (b) kept clean and
away from possible contaminants; (c) not be allowed to overheat; and (d)
incorporate only those fittings that cannot be connected to any other compressed
air equipment at the workplace.
Subsection 31(5) provides that an
employer commits an offence if air-supplied respiratory equipment does not
include an automatic warning device; and is used in circumstances in which an
inadequate air supply would represent an immediate hazard to the user of the
air-supplied respiratory equipment and an auxiliary air supply is not
provided.
A maximum penalty of 10 penalty units is provided
for.
Subsection 31(6) provides that an offence against section 31 is a
strict liability offence.
Division 3.3.3 Prevention of
falls
Section 32 Meaning of anchorage - Division
3.3.3
For the purposes of Division 3.3.3 anchorage means a secure
point for attaching a safety line or other component of a travel restraint
system or of a fall arrest system. The meaning of safety harness is
given in the dictionary.
Section 33 Protection against
falls
Subsection 33(1) applies the section to a situation where (a)
because of the nature of the work an employee must work in a place from which
the employee could fall; and (b) it is likely that if the employee did fall the
employee would be injured.
Subsection 33(2) requires an employer to
provide reasonable protection against the employee falling from the
place.
Subsection 33(3) requires the employer, in addition, to provide
(a) a safe means of entry and exit from the place; and (b), as far as is
reasonably practicable, a protective barrier for the place; or (c) if it not
reasonably practicable to provide a protective barrier, to provide and maintain
a safe system of work for the place.
Subsection 33(4) provides that, in
addition to subsection 33(3), if the employee is carrying out maintenance work
on a structure, an employer must ensure that the employee
uses–
(a) a properly installed building maintenance unit; or
(b) scaffolding or a working platform; or
(c) if it is not
reasonably practicable to provide a building maintenance
unit, scaffolding or
a working platform, a safety harness attached to a safety line that is attached
to an appropriate anchorage.
Subsection 33(5) requires the employer, in
providing and maintaining a safe system of work for paragraph 33(3)(c), to
consider –
(a) providing training in relation to risks associated
with working in the place;
(b) providing supervision and assistance for
people working in the place;
(c) whether it is practicable to use a
fall-arresting device; and,
(d) if a safe working platform cannot
reasonably be provided, whether it is practicable to use a safety harness or a
pole safety static-line system.
Subsection 33(6) provides that in the
section, a building maintenance unit means a power-operated suspended
platform and related equipment that is (a) designed to provide access to the
face of a building for maintenance purposes; and (b) is permanently installed
on the building.
Section 34 Use of safety harness, safety line and
anchorage
Subsection 34(1) provides that the section applies if a safety
harness, a safety line or anchorage is used, or is provided for use, at a
workplace.
Subsection 34(2) requires an employer to ensure that the
safety harness, a safety line or anchorage is (a) regularly inspected; and (b)
kept in efficient working order.
Subsection 34(3) provides that, for
paragraph 33(2)(b), an anchorage that is permanently fixed to a structure is not
kept in efficient working order if it is not inspected at least every six
months.
Subsection 34(4) prohibits a person using the safety harness or
the safety line unless the harness or line is (a) suitable for the use; and (b)
undamaged and effective, and (c) maintained in a suitable condition for the
particular use.
Subsection 34(5) prohibits a person from using the
anchorage if the load-bearing capacity of the anchorage is
impaired.
Subsection 34(6) requires an employer who becomes aware that
the load-bearing capacity of the anchorage is impaired to ensure that the
anchorage is not used until it is repaired or replaced.
Section 35 Use
of ladders
Subsection 34(1) provides that the section applies if a ladder
is used, or if a ladder is provided for use, at a workplace.
Subsection
35(2) requires an employer to ensure that the ladder is (a) of sound
construction; and (b) is maintained in a safe condition.
Subsection
35(3) prohibits a person from using the ladder in a way that creates a risk to
the safety of any person.
Section 36 Use of particular types of
ladders
Subsection 36(1) provides that a person commits an offence if a
portable ladder or an extension ladder is used at a workplace in any one of the
following conditions—
(a) the horizontal distance between
its top support point and its foot is more than ¼ of its supported length;
(b) the ladder is not placed on a firm footing;
(c) the
ladder is not secured to prevent slipping and sideways movement.
A
maximum penalty of 10 penalty units is provided for.
Subsection 36(2)
provides that a person commits an offence if (a) a ladder is used at a workplace
to support planks for a working platform; and (b) the ladder is not a trestle
ladder. A maximum penalty of 10 penalty units is provided
for.
Subsection 36(3) provides that a person commits an offence if (a) a
working platform is supported by trestle ladders at a workplace; and (b) the
working platform is used for other than light duty work. A maximum penalty of
10 penalty units is provided for.
Subsection 36(4) provides that an
offence against section 36 is a strict liability offence.
Subsection
36(5) provides a definition for light duty work for the purposes of the
Regulation: it is to mean work on a ladder if the total weight on the ladder is
less than 2.2KN (or 224kg), including a single point limit of 1KN
(102kg).
Division 3.3.4 Atmosphere and ventilation
Section
37 Definitions for Division 3.3.4
Section 37 provides meanings for the
terms used in Division 3.3.4 as follows —
inhalable
dust means airborne particles of dust that can be taken in through the nose
or mouth during breathing.
safe oxygen level means minimum oxygen
content in the air of 19.5% by volume under normal atmospheric pressure and a
maximum oxygen content in air of 23.5% by volume under normal atmospheric
pressure.
safe unclassified inhalable dust level means a level of
unclassified inhalable dust of 10mg/m3 (TWA) or less.
TWA or
time weighted average means
(a) for employees working standard hours
— the average airborne concentration of a particular substance
when calculated over an 8 hour working day for a 5 day working week;
or
(b) for employees working non-standard hours — the
average airborne concentration of a particular substance taking into account any
adjustment needed under the Australian Safety and Compensation Council
Guidance Note on the Interpretation of Exposure Standards for Atmospheric
Contaminants in the Occupational Environment, NOHSC 3008 (1995)
3rd Edition, Part 5A.
unclassified inhalable dust means
inhalable dust of a type that is not classified in the national exposure
standards.
unsafe oxygen level means an oxygen level that is not a
safe oxygen level, that is, it is a level outside the minimum and maximum levels
that define the ‘safe oxygen level’.
unsafe unclassified
inhalable dust level means a level of unclassified inhalable dust other than
a safe level of unclassified inhalable dust.
Section
38 Ventilation
Section 38 places a duty on a person in control of a
workplace to ensure that the workplace is reasonably
ventilated.
Section 39 Unsafe oxygen levels — particular
measures
Section 39 requires a person in control of a workplace to ensure
that appropriate risk minimisation measures are taken if atmospheres in the
workplace contain unsafe oxygen levels.
Section 40 Unsafe levels of
unclassified inhalable dust — particular measures
Section 40
requires a person in control of a workplace to ensure that appropriate risk
minimisation measures are taken if atmospheres in the workplace contain, or are
reasonably likely to develop, levels of unclassified inhalable dust exceed 10
milligrams per square metre (TWA).
Section 41 Unsafe levels of oxygen
and unclassified inhalable dust— entry
Subsection 41(1) provides
that the section applies if there is a risk of exposure to (a) unsafe oxygen
levels or (b) unsafe levels of unclassified inhalable dust at the
workplace.
Subsection 41(2) requires a person in control of the workplace
to ensure that (a) the place is isolated; and (b) that appropriate warning
signs are displayed at entry points to the place.
Section
42 Monitoring levels of oxygen or unclassified inhalable dust
Subsection 42(1) provides that section 42 applies if there is a risk of
exposure to (a) unsafe oxygen levels or (b) unsafe levels of unclassified
inhalable dust at the workplace.
Subsection 42(2) provides that, if
there is a risk of exposure to unsafe oxygen levels or unsafe levels of
unclassified inhalable dust at the workplace, the employer must ensure
that–
(a) appropriate monitoring is undertaken at the workplace in
accordance with a suitable procedure; and
(b) the results of the
monitoring are recorded; and
(c) the monitoring records are readily
accessible to anyone who may be put at risk by an unsafe level of oxygen or
unclassified inhalable dust; and
(d) safe oxygen levels and safe levels
of unclassified inhalable dust are maintained at the workplace.
Subsection 43(1) places a duty on an employer to ensure that employees are
protected from extremes of heat and cold in the workplace.
Subsection
43(2) places a duty on an employer to ensure that heating and cooling are
provided in the workplace to allow employees to work in a comfortable
environment.
Section 44 Heat — particular measures
Subsection 44(1) provides that the section applies if a workplace environment becomes hot or could reasonably be expected to become hot.
Subsection 44(2) places a duty on an employer to ensure
that–
(a) adequate ventilation and air movement is provided; and
(b) adequate personal and safety equipment is provided to each employee
exposed to heat; and
(c) appropriate work and rest regimes are provided
for each employee exposed to heat.
Subsection 45(1) provides that the section applies if a workplace environment may become cold or could reasonably be expected to become cold.
Subsection 45(2) places a duty on an employer to ensure
that–
(a) employees exposed to cold have adequate access to (i)
heated or sheltered work areas and (ii) warm clothing or other personal
protective and safety equipment; and
(b) that appropriate work and rest
regimes are provided for each employee exposed to cold.
Division
3.3.6 Surfaces and floors
Section 46 Floors —
General
Section 46 provides that a person in control of the workplace
must ensure that floors and surfaces at the workplace are constructed and
maintained to minimise the risk of slips, trips and falls.
Section 47 Floors that become slippery
Subsection 47(1)
provides that section 47 applies if a floor becomes slippery because of
something on the floor (such as a spillage of liquid) or for any other
reason.
Subsection 47(2) places a duty on a person in control of the
workplace to –
(a) take all reasonable steps to –
(i) warn people of the risk;
(ii) remove the hazard; and
(b) take other appropriate steps to minimise the risk.
Section 48 provides that, where a employee must stand for a significant period of a work shift in substantially the same position on a floor or on a work platform that is a hard surface, the employer must provide a covering for the surface of the floor or the work platform that (a) has low thermal conductivity; and (b) that is designed to give reasonable relief from the hard surface.
Division 3.3.7 Electricity
Section 49 Electricity — particular measures
Section 49 provides for definitions for the purposes of Division
3.3.7.
electrical inspector means a person who is appointed as an
inspector under section 41 of the Electricity Safety Act 1971;
and
electrical installation is to have the same meaning as is
provided under the Electricity Safety Act 1971.
Subsection 50(1) applies the section to a workplace if there is an electrical
installation at the workplace.
Subsection 50(2) requires a person in
control of a workplace to ensure that—
(a) each electrical
installation at the workplace is safe; or
(b) if an electrical
installation at the workplace is not safe—
(i) the installation, or
unsafe part of the installation, is disconnected from the electricity supply;
and
(ii) if the installation, or part of the installation, has been found
unsafe by an electrical inspector—the installation, or the part of the
installation that is unsafe, is danger labelled and secured to prevent
inadvertent reconnection.
Subsection 50(3) provides that a person in
control of a workplace commits
an offence if —
(a) each
electrical installation is not suitably enclosed to prevent inadvertent contact
with parts supplied with electricity; and
(b) someone can make
inadvertent contact with parts supplied with electricity.
A maximum penalty of 10 penalty units is provided for.
Subsection 50(4) provides that a person in control of a workplace commits
an offence if —
(a) someone enters an electrical installation
that has an electrical
hazard, and
(b) the person entering is not
appropriately trained in safe entry, emergency procedures, and the safe use of
electrical plant and equipment.
A maximum penalty of 10 penalty units is provided for.
Subsection 50(5) provides that a person in control of a workplace commits an
offence if —
(a) wiring work is undertaken in relation to the
electrical installation at the workplace; and
(b) the work is finished,
or is left unfinished; and
(c) a copy of an installation test report
from a licensed electrician certifying the safety and compliance of the wiring
work—
(i) is not obtained; or
(ii) is obtained, but is not
kept so that it is readily accessible to anyone undertaking further electrical
wiring work in relation to the electrical installation for a period of five
years.
A maximum penalty of 10 penalty units is provided
for.
Subsection 50(6) provides that an offence against section 50 is a
strict liability offence.
Subsection 50(7) provides that, in section 50,
licensed electrician means a person licensed under the Construction
Occupations (Licensing) Act 2004 to undertake work as an
electrician.
The Note notes that the Electricity Safety Act
1971 requires electrical installation work to be carried out in accordance
with AS/NZS 3000:2000 Electrical installations.
Subsection 51(1) applies the section to a workplace if an article of
electrical equipment is provided for use, or in connection with an electrical
installation, at a workplace.
Subsection 51(2) requires the person in
control of the workplace to ensure that —
(a) the article of
electrical equipment is safe; or
(b) if the article of electrical
equipment is not safe—
(i) the article is disconnected from the
electricity supply; and
(ii) if found unsafe by an electrical
inspector—the article, or
the part of the article that is unsafe, is
danger labelled and
secured to prevent inadvertent
reconnection.
Subsection 51(3) provides that in section 51 the meaning of
an article of electrical equipment is that provided in the Dictionary of
the Electrical Safety Act 1971.
Subsection 52(1) provides that a person in control of a workplace must ensure
that a person working in, or undertaking maintenance at, the workplace is
prevented from making inadvertent contact with a live, conductive part of an
electrical installation.
Subsection 52(2) provides that a person in
control of a workplace must ensure that a person working in, or undertaking
maintenance at, the workplace is prevented from going within an unsafe distance
of overhead or underground electrical power lines, or exposed cables,
Subsection 52(3) provides that subsections 52(1) and 52(2) do not apply in
relation to a person undertaking electrical work who is an electrician licensed
under the Construction Occupations (Licensing) Act 2004 to undertake the
work.
Subsection 52(4) provides that subsection 52(2) does not apply if
(a) a written risk assessment is given to the electricity network operator; and
(b) the electricity network operator is satisfied (i) with the content of the
risk assessment, and (ii) that work to be done in accordance with the risk
assessment will be safe.
Subsection 52(5) provides for the meaning of
–
electricity distributor to be the meaning given in the
Utilities Act 2000;
electricity network operator to mean
the person responsible for network operations for the relevant electricity
distributor; and
relevant electricity distributor in relation to
electrical power lines or exposed cables to mean the electrical distributor of
whose network the electrical power lines or cables are a part.
Section 53 provides that in Division 3.3.8—
atmospheric contaminant means –
(a) a dangerous
substance in the form of a fume, mist, gas, dust or vapour; or
(b) an
asphyxiant; or
(c) nuisance dust.
confined space, for a
workplace, means a space in the workplace that is enclosed or partly enclosed
that –
(a) is not designed as, or intended to be, a workplace; or
(b) is at atmospheric pressure while people are in it;
and
(c) may have –
(i) an atmosphere with potentially
harmful contaminants, an unsafe oxygen level or stored substances that may cause
engulfment; or
(ii) may have restricted means of entry and
exit.
entry permit means a written permit to enter a confined
space given by the person in control of the workplace as is provided for in
section 60.
The meanings of safe oxygen level and unsafe oxygen
level in this section are the same as the meanings of the phrases given in
section 37.
Subsection 54(1) requires a person who designs, manufactures or supplies a
confined space to ensure that–
(a) the confined space is designed
so that, ordinarily, there is no need for anyone to enter the space; and
(b) if entry to the space is needed, that the space has a safe means of
entry and exit.
Subsection 54(2) requires a person who modifies a
confined space to ensure that the modification does not adversely affect the
safe means of entry to and exit from the confined space.
Subsection 55(1) requires an employer to identify any confined space at the workplace and to identify any reasonably identifiable hazard associated with working in the space or on the surface of the space.
Subsection 55(2) requires an employer to ensure that a risk assessment is undertaken by a suitably qualified person before any work involving entering a confined space is started for the first time.
Subsection 55(3) provides that the risk assessment must include at least an
assessment of–
(a) the nature of the space and the work to be done;
(b) whether the work can be done without anyone entering the space;
(c) the different ways that the work can be done; and
(d) the
risks associated with the work, the plant to be used and any potentially
hazardous conditions that are present within the confined
space.
Subsection 55 (4) requires the employer to ensure that the risk
assessment is reviewed if there is evidence that the risk assessment does not
address or no longer addresses the risks posed by the confined
space.
Subsection 55(5) provides for the meaning of a suitably
qualified person for the purposes of the requirement that a risk assessment
be made under subsection 55(2) to mean a person who is suitably qualified by
experience and training to carry out the risk assessment.
Subsection 56(1) provides that a person in control of a workplace must ensure
that no person enters a confined space at the workplace, and that work is not
performed in a confined space, if–
(a) there is an uncontrolled
risk to the health or safety of someone entering, occupying or working in a
confined space; or
(b) if there is an uncontrolled risk of fire or
explosion.
Subsection 56(2) provides that, without the requirement in
subsection 56(1) being limited, the person in control of the workplace must
ensure that, before anyone enters a confined space–
(a) that the
space contains a safe oxygen level; and
(b) that any atmospheric
contaminant is reduced to below the national exposure standards for the
contaminant; and
(c) that the concentration of any flammable
contaminant in the atmosphere is below 5% of its LEL;
(d) that the
space is not extremely hot or cold; and
(e) that steps are taken to
minimise any risk associated with the presence of vermin in the
space.
Subsection 56(3) requires that the person in control of the
workplace must ensure that no-one enters or stays in a confined space if the
concentration of any flammable contaminant in the atmosphere of the confined
space is 10% or more of its LEL.
Subsection 56(4) provides that, in
section 55, LEL, or lower explosive limit, of a flammable
contaminant means the concentration of the contaminant in air below which the
propagation of a flame does not occur on contact with an ignition
source.
Section 57 Isolation and control of potentially hazardous
services — particular measures
Subsection 57(1) provides that the section applies if a potentially hazardous
service is normally connected to a confined space. Examples of such a service
are given as including a gas supply line and ductwork.
Subsection 57(2)
requires a person in control of a workplace to ensure that no-one enters a
confined space unless the potentially hazardous service is isolated or
controlled in a way that prevents–
(a) the introduction of any
material, contaminant, agent or condition that may be harmful to someone
occupying the confined space; or
(b) the activation or energising in
any way of equipment or services that may pose a risk to the health or safety of
someone in the confined space.
Section 58 Particular measures for
clearing before entry
Subsection 58(1) provides that the section applies
if a confined space must be cleared of contaminants to comply with section 56
(section 56 provides for entry to and work in a confined
space).
Subsection 58(2) requires a person in control of a workplace to
ensure that, if it is appropriate, the confined space is cleared of all
contaminants by use of a suitable purging agent by which the contaminants are
displaced from the confined space.
Subsection 58(3) requires a person in
control of a workplace to ensure that pure oxygen or a gas mixture in a
concentration of more than 21% of oxygen by volume is not used for the purging
of or the ventilation of the confined space.
Section 59 Unsafe level
of oxygen and atmospheric contaminants
Subsection 59(1) applies the
section if –
(a) a safe oxygen level cannot be provided in a
confined space at a workplace; or
(b) an atmospheric contaminant in a
confined space at a workplace cannot be reduced to below the exposure standard
under the national exposure standards.
Subsection 59(2) provides that a
person in control of the workplace commits an
offence if
–
(a) someone enters the confined space; and
(b) the person
entering is not equipped with suitable personal protective and safety equipment
including air-supplied respiratory protective equipment.
A maximum
penalty of 10 penalty points is provided.
Subsection 59(3) provides that
an offence against section 59 is a strict liability offence.
Section 60 Entry permits — particular measures
Subsection 60(1) requires a person in control of a workplace to give a
written permit (an entry permit) to the person in direct control of work
to be done in a confined space at the workplace.
Subsection 60(2)
provides that the written entry permit must –
(a) identify the
confined space;
(b) clearly describe the work to be carried out in the
confined space;
(c) set out risk minimisation measures to be
taken;
(d) state the name of each person who may enter or work in the
confined space; and
(e) state the date and time when each person named
under paragraph (d) may enter the confined space to carry out the
work.
Subsection 60(3) requires a person in control of the workplace to
ensure that each person who is to do work in a confined space is told about and
understands the entry permit.
Subsection 60(4) provides that a person in
control of the workplace commits an offence if –
(a) someone enters a
confined space or works in a confined space at the workplace;
and
(b) the entry or the work does not comply with an entry permit under
this section.
A maximum penalty of 10 penalty points is provided
for.
Subsection 60(5) provides that a person in control of a workplace
commits an offence if–
(a) a confined space is returned to normal
use, and
(b) the person in control does not have written confirmation
from the person in direct control of the work that–
(i) the work
in the confined space has been completed; and
(ii) each person involved
in the work has left the confined space.
A maximum penalty of 10 penalty
points is provided for.
Subsection 60(6) provides that an offence against
section 60 is a strict liability offence.
Subsection 61(1) provides that section 61 applies if (a) there is a confined
space at a workplace; and (b) someone is in the confined
space.
Subsection 61(2) requires an employer to appoint one or more
people as stand-by people for the workplace.
Subsection 61(3) provides
that an employer commits an offence if –
(a) the employer appoints
a person to be a standby person under subsection 61(2); and
(b) the
person appointed –
(i) has not undertaken training in
accordance with section 64;
and
(ii) cannot operate the monitoring
equipment used to ensure safety during and entry to and work within the confined
space, and
(iii) cannot initiate emergency procedures (including rescue
procedures).
A maximum penalty of 10 penalty points is provided for.
Subsection
61(4) provides that an offence against section 61 is a strict liability
offence.
Subsection 61(5) provides that an employer must ensure that a standby
person –
(a) remains outside and near the confined space while
anyone is inside the confined space; and
(b) is able to communicate
continuously with anyone inside the confined space; and
(c) if
practicable, is able to see anyone who is in the confined space.
Subsection 62(1) requires a person in control of a workplace, when someone is
inside a confined space at the workplace, to ensure that emergency equipment
appropriate for the particular circumstances is provided.
Subsection
62(2) requires the person in control of the workplace to ensure that emergency
procedures are established and rehearsed in relation to people in a confined
space.
Subsection 62(3) requires the person in control of the workplace
to ensure that –
(a) the openings for entry to and exit from a
confined space are large enough to allow the rescue of anyone who may be in the
space; and
(b) the openings are not obstructed by anything that could
impede the rescue or, if this is not possible, that another suitable means of
rescue is provided.
Section 63 Entry protection — particular
measures
Section 63 requires a person in control of a workplace to ensure
that appropriate signs are displayed and protective barriers are erected to
prevent the entry into a confined space of anyone who does not have an entry
permit for the place.
Section 64 requires a person in control of a workplace to ensure that
appropriate atmospheric testing and monitoring is carried out in a confined
space at the workplace if the confined space–
(a) is or may be
contaminated with an atmospheric contaminant;
(b) is or may be
contaminated with a flammable contaminant; or
(c) has or may have an
unsafe oxygen level.
Subsection 65(1) requires an employer to provide training relating to
entering and working in confined spaces to –
(a) anyone who is
required to work in a confined space at the workplace; and
(b) anyone
who is to be appointed as a standby person for the workplace.
Subsection
65(2) provides that an employer must also provide training to
–
(a) anyone who does any of the
following–
(i) assesses the safety of confined spaces;
(ii) issues entry permits for confined spaces;
(iii) designs and
fixes the layout of work places;
(iv) supervises people working in or
near confined spaces;
(v) maintains equipment used in confined spaces;
(vi) purchases, distributes, fits, wears or maintains personal
protective and safety equipment used for work in confined spaces;
and
(b) anyone who may be involved in rescue and first aid procedures
involving a confined space.
Subsection 65(3) provides that the training
mentioned in subsection 65(1) must include instruction in–
(a) the hazards of confined spaces;
(b) risk assessment
procedures;
(c) risk minimisation measures;
(d) emergency
procedures; and
(e) selection, use, fitting and maintenance of safety
equipment.
Subsection 65(4) provides that an employer commits an offence if the employer
fails to make a written record of-
(a) the training given under this
section; and
(b) the people to whom the training has been
given.
A maximum penalty of 10 penalty points is provided for.
Subsection 65(5) provides that an offence against section 65 is a strict
liability offence.
Subsection 65(6) provides that, in section 65,
standby person means a person appointed as a standby person under section
61.
Subsection 66(1) requires an employer to keep–
(a) entry permits
for confined spaces for a period of 1 month after the day the space is returned
to normal use; and
(b) risk assessment reports for work in a confined
space at the workplace for a period of 5 years after the last entry in the
report; and
(c) a record of training relating to work in a confined
space at the workplace while the person to whom the training has been given is
employed.
Subsection 66(2) provides that an employer commits an offence
if –
requires that the records must be made available on request to
–
(a) an inspector requests access to a record made under
subsection 66(1) in relation to a workplace; and
(b) the employer does
not give access to the record.
A maximum penalty of 10 penalty points is provided for.
Subsection 66(3) provides that an offence against section 66 is a strict
liability offence.
Subsection 66(4) provides that if a record made under
subsection 66(1) contains information personal to an employee, the employer must
give the employee with access to the record on request.
Division
3.3.9 Lighting
Subsection 67(1) requires an employer to provide adequate and appropriate
lighting at a workplace.
Subsection 67(2) provides that what is adequate
and appropriate for subsection 67(1) must be decided having regard to the nature
of the tasks being performed by each employee at the
workplace.
Subsection 67(3) requires an employer, without limiting the
requirement imposed by subsections 67(1) or (2), to ensure that lighting is
provided so that the lighting –
(a) allows employees to work
safely;
(b) does not create excessive glare or reflection;
(c) allows people who are not employees to move safely within the
workplace; and
(d) facilitates safe entry to, and exit from, the
workplace.
Division 3.3.10 Noise management
Section 68 Definitions —Division 3.3.10
Subsection 68(1) provides that, in this Division –
exposure
standard means–
(a) an 8 hour equivalent continuous
A-weighted sound pressure level, LAeq 8gh of 85dB (A) referenced to 20µPa;
and
(b) a C-weighted peak sound pressure level, LC,peak of 140 dB (C)
referenced to 20µPa.
Subsection 68(2) provides that, in section 68
–
sound pressure level, in relation to a person, means the
level of
noise worked out, at the person’s ear position, in accordance
with
AS 1269, without taking into account any protection that may be
given
by a personal hearing protector.
Section 69 Working out Lpeak value—Division 3.2.10
Section 69 provides that for Division 3.2.10, the value of Lpeak must be
worked out by using sound-measuring equipment with a peak detector-indicator
characteristic that complies with AS 1259 (Sound level meters, part 1,
non-integrating).
Section 70 Noise management — duties of
designers etc
Subsection 70(1) requires a designer, manufacturer,
supplier or importer of plant that may emit an unsafe level of noise to ensure
that the plant is designed and constructed so that the noise emitted by the
plant, when used in reasonably foreseeable circumstances, is as low as is
reasonably practicable.
Subsection 70(2) provides that a manufacturer, supplier or importer of plant
commits an offence if–
(a) plant that may emit an unsafe level of
noise is supplied to a person; and
(b) the manufacturer, supplier or
importer of plant fails to provide the person with information
about–
(i) the noise emitted by the plant; and
(ii) ways
to keep the noise to the lowest level that it is reasonably practicable to
achieve.
A maximum penalty of 10 penalty points is provided for.
Subsection 70(3) provides that an offence against section 70 is a strict
liability offence.
Section 71 Noise management — duties of
employers
Subsection 71(1) provides that an employer
must–
(a) properly maintain noise control measures at the
workplace; and
(b) give an employee information about noise control
measures; and
(c) ensure that any personal hearing protectors given to
the employee are properly used and maintained.
Subsection 71(2) provides
that, if action is required to reduce the noise level to which an employee is
exposed, the employer must –
(a) implement, as far as is reasonably
practicable, engineering noise controls to reduce the noise level;
and
(b) if the action taken under paragraph (a) does not reduce the noise
level to the exposure standard or less, as far as is reasonably practicable,
implement administrative controls to reduce the noise to which the employee is
exposed; and
(c) if the actions taken under paragraphs (a) and (b) do
not reduce the noise level to the exposure standard or less, give the employee
personal hearing protectors that –
(i) meet Australian Standard
1270; and
(ii) that have been selected according to the procedures
specified in Australian Standard 1269.
Subsection 71(3) provides that
an employer commits an offence if –
(a) noise levels at the
workplace exceed the exposure standards for an employee; and
(b) the
employer does not take the action mentioned in subsection 71(2) to reduce the
noise level to which the employee is exposed.
A maximum penalty of 10 penalty points is provided for.
Subsection 71(4) provides that an offence against section 71 is a strict
liability offence.
Section 72 Noise management — duties of
employees
Section 72 provides that an employee, must, as far as is
practicable –
(a) comply with noise control measures taken under
this regulation; and
(b) use any personal hearing protection given to
the employee under this regulation.
Division 3.3.11 Isolated
work
Section 73 Isolated employees
Subsection 73(1)
provides that the section applies if an employer employs a person (the
employee) to work alone in –
(a) an area that is remote from
other people, or an area that is isolated from other people because of the time,
location or nature of the work; or
(b) a situation that involves the
operation or maintenance of hazardous plant or the handling of a dangerous
substance; or
(c) work that is dangerous to perform
alone.
Subsection 73(2) provides that an employer commits an offence if
the employer fails to ensure –
(a) that the employee is able to call
for help; and
(b) that there is a procedure in place for regular
contact to be made with the employee; and
(c) that the employee is
trained in the procedure.
A maximum penalty of 10 penalty points is provided for.
Subsection 73(3) provides that an offence against section 73 is a strict
liability offence.
Division 3.3.12 Fire and
explosion
Section 74 Fire and explosion — risk
control
Subsection 74(1) requires a person in control of a workplace to
ensure that the risks of fire or explosion at the workplace are
minimised.
Subsection 74(2) requires that, in particular, a person in
control of the workplace must –
(a) eliminate potential
ignition sources from proximity to flammable substances, combustible dust or
waste materials; and
(b) regularly remove waste materials and
accumulated dust.
Subsection 74(3) requires a person in control of the
workplace to regularly monitor the workplace to ensure the continued
effectiveness of control measures against fire or explosion at the workplace
where there are flammable substances, combustible dust or waste materials at the
workplace.
Section 75 Fire and explosion —
facilities
Subsection 75(1) requires a person in control of a workplace
to ensure that appropriate fire control appliances are (a) available at the
workplace; and (b) maintained to a reasonable standard by a suitably qualified
person.
Subsection 75(2) provides that a person in control of a workplace
commits an offence if portable fire extinguishers are not installed at the
workplace in accordance with Australian Standard 2444.
A maximum penalty of 10 penalty points is provided for.
Subsection 75(3) provides that an offence against section 75 is a strict
liability offence.
Subsection 75(4) provides that what is appropriate for
subsection 74(1) must be decided having regard to the nature of the hazards at
the workplace.
Subsection 74(5) provides for the meaning of a fire
appliance and of a suitably qualified person for the purposes of the
section.
The term fire appliance includes –
(a) any
vehicle, equipment, implement or thing used to prevent, extinguish or contain
fire or smoke;
(b) any fire alarm;
(c) any apparatus for alerting
the occupants of a building to a fire or facilitating the evacuation of the
building; and
(d) equipment used to control smoke in, or remove smoke
from, a building.
A suitably qualified person, for maintaining a
fire appliance, means someone who is suitably qualified (by experience or
training) to maintain the appliance.
Division 3.3.13 Emergency
procedures
Section 76 Employer to provide for
emergencies
Subsection 76(1) requires an employer to ensure that, in an
emergency at the workplace, appropriate systems are in place for
–
(a) the safe and rapid evacuation of people from the workplace,
(b) emergency communications; and
(c) the medical treatment of
injured people.
Subsection 76(2) requires an employer who employs
employees at a workplace to ensure that–
(a) arrangements are made for shutting down and evacuating the
workplace in an emergency;
(b) details of the arrangements are displayed
in appropriate places at the workplace; and
(c) an appropriate number
of people are properly trained to oversee an evacuation and to use any on-site
fire appliances.
Subsection 76(3) provides that what is appropriate for
subsection 76(1) or paragraphs 76(2)(b) or (c) must be decided having regard to
–
(a) the nature of the hazards at the workplace;
(b) the
size and location of the workplace; and
(c) the number, mobility and
capability of people at the workplace.
Chapter 4 Training —
health and safety representatives
Section 77 Approval of health
and safety representative training programs
Subsection 77(1) provides that the council may approve a training program for
paragraph 61(1)(f) or subsection 66(4) of the Occupational Health and Safety
Act 1989 (the OHS Act).
The council is the Occupational
Health and Safety Council appointed under section 11 of the OHS Act
Paragraph 61(1)(f) of the Act permits a health and safety representative
to take time off work, without loss of remuneration or other entitlements, that
is necessary and reasonable to undertake a ‘training program approved
under the regulations’.
Subsection 66(4) of the Act allows a
deputy health and safety representative to take time of work, without loss of
remuneration or other entitlements, that is necessary and reasonable to
undertake a ‘training program approved under the
regulations’.
Subsection 77(2) provides that the approval of a
training program by the council is a notifiable instrument (a notifiable
instrument must be notified under the Legislation Act 2001).
Section 78 refers to subsection 75(1) of the OHS Act which provides that a
person may be authorised as an authorised representative for the purposes
of entry to workplaces.
Paragraph 76(2)(b) of the OHS Act provides
that a person is not to be authorised as an authorised representative
unless the person has undertaken a training course approved by the OHS Council
under section 77 of the Regulation.
Subsection 79(1) provides that the section applies if (a) a person who is to
be authorised to be a health and safety representative undertakes a training
program under paragraph 61(1)(f) of the OHS Act; or (b) a person who is to be
authorised to be a deputy health and safety representative undertakes a training
program under subsection 66(4) of the OHS Act.
Subsection 79(2) provides that an employer commits an offence if-
(a) a health and safety representative, or a deputy health and safety
representative, employed by the employer, undertakes a training program;
and
(b) the employer fails to –
(i) pay the fees for the
training program; or
(ii) reimburse expenses reasonably incurred by the
representative in undertaking the training program.
A maximum penalty of 10 penalty points is provided for.
Subsection 79(3) provides that an offence against section 79 is a strict
liability offence.
Chapter 5 Injury and dangerous occurrence
reporting and records
Section 80 What is a dangerous
occurrence?
The Dictionary of the OHS Act provides that a
dangerous occurrence means an occurrence at a workplace that is declared
by the regulations to be a dangerous occurrence.
Subsection
80(1) provides that, for the Act, Dictionary, definition of a dangerous
occurrence, each of the following is declared a dangerous
occurrence–
(a) any occurrence involving imminent risk
of–
(i) the death of, or serious personal injury to, anyone; or
(ii) an escape of gas, a dangerous substance or steam;
or
(iii) fire, explosion; or
(iv) substantial damage to
property.
(b) damage to a boiler, pressure vessel, plant, equipment, or
other thing that endangers or is likely to endanger the health or safety of
people at a workplace;
(c) damage to, or failure of, a load-bearing
member or control device of a crane, hoist, conveyor, lift, escalator, moving
walkway, plant, scaffolding, gear, amusement device or public stand;
(d) an uncontrolled fire, explosion, or escape, of gas, a dangerous
substance or steam.
Section 81 provides that the prescribed period for the purposes of section 204 of the OHS Act is 7 days.
Section 82 Prescribed period for notice of events — OHS Act
s204(1)
Section 204 of the OHS Act (Notice of events) requires an
employer who is aware of the occurrence of an event at or near the workplace
which results in the death of a person, an injury to a person other than an
employee of the employer, an injury to an employee as a result of which the
employee is incapacitated for work for the prescribed period (section 81 fixes
that period as 7 days) to give notice of the event to the commissioner within
the prescribed period.
Subsection 82(1) provides that the prescribed
period for giving notice to the commissioner of an event is –
(a)
if the event is a death, or the serious personal injury or the imminent risk of
death or serious personal injury, and someone other than the employer was
injured or put at risk –
(i) as soon after the event as is
reasonably practicable; and
(ii) in writing not later than 48 hours
after the event; and
(b) for any other event – in writing not
later than 7 days after the day on which the event occurs.
Subsection
82(2) provides that section 81 is subject to section 82.
Section
83 Reporting under the Dangerous Substances Act 2004
Subsection 83(1) provides that the section applies if the occurrence of an
event that is required to be reported under section 204 (Notice of events) of
the OHS Act is reported under the Dangerous Substances Act 2004.
Subsection 83(2) provides that the reporting under the Dangerous
Substances Act 2004 is taken to be adequate reporting of the occurrence of
the event for the purposes of section 204 of the OHS Act.
Subsection 84(1) provides that, unless another section provides otherwise, a notice of events required to be given under section 204 of the OHS Act may be given in writing or by telephone, or by fax or other electronic means.
Subsection 84(2) provides that, if the OHS commissioner receives notice
of the occurrence of an event other than in writing, the commissioner must send
the
employer –
(a) details of the information received;
or
(b) an acknowledgement of receiving the notice.
Subsection 85(1) provides that an employer commits an offence
if–
(a) the employer is required to give the chief executive notice
of the occurrence of an event under the Act, section 204(1);
and
(b) the employer fails to ensure that the site where the event
occurred is not entered or otherwise disturbed until an inspector directs that
the site may be used.
A maximum penalty of 10 penalty points is provided for.
Subsection 85(2) provides that an offence against section 85 is a strict
liability offence.
Subsection 85(3) provides that section 85 does not apply to the disturbance
of a site to–
(a) protect the health or safety of a person; or
(b) help an injured
person; or
(c) take essential action to make the site safe or to
prevent a further occurrence.
Section 86 Keeping records of event notices
Subsection 86(1) provides that an employer commits an offence
if–
(a) the employer gives notice of the occurrence of an event in
accordance with section 204 of the OHS Act; and
(b) the employer fails
to keep a copy of the notice for 5 years after the day the notice was
given.
A maximum penalty of 10 penalty points is provided for.
Subsection 86(2) provides that an offence against section 86 is a strict
liability offence.
Subsection 87(1) provides that the section applies if the employer gives
notice of the event in a way other than in writing and the chief executive then
provides the employer with –
(a) a copy of the information
received; or
(b) an acknowledgement of receipt of the
notice.
Subsection 87(2) provides that the employer commits an offence if
the employer fails to keep the copy of the information received or the
acknowledgement of receipt of the notice for 5 years after the day on which the
employer receives it.
A maximum penalty of 10 penalty points is provided for.
Subsection 87(3) provides that an offence against section 87 is a strict
liability offence.
Subsection 88(1) provides that the chief executive may approve the content of
a record required to be maintained under the Act, section 205.
Subsection 88(2) provides that an approval of the content of a record by the
chief executive is a notifiable instrument (a notifiable instrument must be
notified under the Legislation Act 2001).
Subsection 89(1) provides that the section applies to an employer
if–
(a) an employee is injured in an event at or near the
employee’s workplace;
(b) the event is connected with the
employment; and
(c) the injury results in the employee being
incapacitated for work for a period of more than 1 day but less than 7
days.
Subsection 89(2) provides that the section does not apply to an
employer if the employer has given notice of the event to the chief
executive.
Subsection 89(3) requires an employer to record the details of
the occurrence of the event including–
(a) details of the
event;
(b) the nature and extent of the injury; and
(c) the
reason for the employee’s incapacity.
Subsection 89(4) provides
that an employer commits an offence if the employer does not keep the record
mentioned in subsection 89(3) for a period of 5 years after the day on which the
event occurred.
A maximum penalty of 10 penalty units is provided
for.
Subsection 89(5) provides that an offence against section 89 is a
strict liability offence.
Chapter 6 Review
Section 90 Time for decision on
internal review — Act, s182(2)
Subsection 90(1) provides
that the time for making a decision on an application for an internal review of
an inspector’s decision is –
(a) 10 business days after the
day the application is made under section 185 of the OHS Act; or
(b) if
the chief executive tells the applicant in writing within the 10 business days
that the chief executive is satisfied that a longer period is necessary to
adequately review the decision – 20 business days after the day the
application is made for internal review under section 185 of the OHS Act;
or
(c) if the chief executive asks the applicant in writing for further
information in relation to the application —10 business days after the day
the chief executive receives the further information.
Section 184 of the OHS Act provides –
‘For this part
–
(a) a decision of an inspector mentioned in schedule 1, part 1.1 is
an internally reviewable decision; and
(b) a person
mentioned in schedule 1, part 1.1 in relation to an internally reviewable
decision is an eligible person for the decision; and
(c) a
decision of the chief executive mentioned in schedule 1, part 1.2 or part 1.3 is
a reviewable decision; and
(d) a person mentioned in
schedule 1, part 1.2 or part 1.3 in relation to reviewable decision is an
eligible person for the decision.’
Section 185 of the
OHS Act provides –
‘(1) An eligible person for a internally
reviewable decision may apply to the chief executive for review of the
decision.
(2) The application must be made within –
(a) 28
days after the day the applicant is told about the decision by the inspector;
or
(b) any longer period allowed by the chief executive, whether before
or after the end of the 28-day period.
(3) The application must set out
the grounds on which internal review of the decision is sought.
(4) The
making of the application for internal review of the decision does not affect
the operation of the decision.’
Subsection 90(2) requires the
chief executive to tell the applicant in writing if the information given in
response to a request mentioned in subsection 89(1)(c) is not the further
information asked for, or is not all the further information asked
for.
Chapter 7 Miscellaneous
Section 91 Meaning of
incorporated document
Section 91 provides that, in the Regulation,
an incorporated document means any of the following—
(a) AS 1259 (Sound level meters, part 1, non-integrating);
(b) AS 1269 (Occupational noise management –Measurement and assessment of noise emission and exposure);
(c) AS 1270 (Acoustics – Hearing protectors);
(d) AS/NZS 1891 (Industrial fall-arrest systems and devices – safety belts and harnesses);
(e) AS 2444 (Portable fire extinguishers and fire blankets – Selection and location);
(f) the national exposure standards;
(g) a document approved in writing by the Minister to be an incorporated document; or
(h) any other document incorporated, applied or adopted by a document mentioned in paragraphs (a) to (g).
Subsection 92(1) provides that the section applies to an incorporated
document, or to an amendment to, or replacement of, an incorporated
document.
Subsection 92(2) requires the chief executive to ensure that
the document, amendment or replacement is made available for inspection free of
charge to the public at reasonable times.
Subsection 92(3) provides that
subsection 92(6) of the Regulation should be referred to for the meaning of
‘amendment’ of an incorporated document.
Subsection 93(1) provides that the section applies to –
(a) an
incorporated document; or
(b) an amendment of, or replacement for, an
incorporated document.
Subsection 93(2) provides that that the chief
executive may prepare a written notice (an incorporated document
notice) for the incorporated document, amendment or replacement that
contains the following information:
(a) for an incorporated document – details of the document, including
its title, author and date of publication;
(b) for a replacement of an
incorporated document – details of the replacement, including its title,
author and date of publication;
(c) for an amendment of an incorporated document – the date of publication of the amendment (or of the standard as amended) and a brief summary of the effect of the amendment;
(d) for an incorporated document or any amendment or replacement –
(i) a date of effect (no earlier than the day after the day of notification of the notice); and
(ii) details of how access to inspect the document, amendment or replacement may be obtained under section 91 (Inspection of incorporated documents); and
(iii) details of how copies may be obtained, including an indication of whether there is a cost involved.
Subsection 93(3) provides that an incorporated document notice is a notifiable instrument (a notifiable instrument must be notified under the Legislation Act 2001).
Subsection 93(4) provides that the incorporated document, amendment or replacement has no effect under this Act unless –
(a) an incorporated document notice is notified in relation to the standard, amendment or replacement; or
(b) the document, amendment or replacement is notified under the Legislation Act, section 47 (6).
Subsection 93(5) provides that the Legislation Act, section 47(7) does not apply in relation to the incorporated document, amendment or replacement.
Subsection 93(6) provides that in section 92 –
amendment, of an incorporated document, includes an amendment of a replacement for the incorporated document.
incorporated document – see section 90.
replacement, for an incorporated document, means
–
(a) a standard that replaces the incorporated document; or
(b) a document (an ‘initial replacement’) that replaces a
document mentioned in paragraph (a); or
(c) a document (a ‘further
replacement’) that replaces an initial replacement or any further
replacement.
Section 94 repeals the Occupational Health and Safety Regulation 1991.
Dictionary
The Dictionary provides for the meanings of certain
of the words used in the Regulation.