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WORK HEALTH AND SAFETY AMENDMENT REGULATION 2016 (NO 1) (NO 29 OF 2016)
2016
THE LEGISLATIVE
ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY
WORK HEALTH AND
SAFETY AMENDMENT REGULATION
2016 (No 1)
SL2016-29
EXPLANATORY STATEMENT
Mick Gentleman MLA
Minister for Workplace Safety and Industrial Relations
Overview
The Work Health and Safety Amendment Regulation 2016 (No 1) amends the Work Health and Safety Regulation 2011. The amendments are of a technical nature and address inadvertent errors and clarify policy intent.
The work health and safety regulation forms part of a system of nationally harmonised work health and safety laws.
The importance of harmonisation of work safety legislation has long been recognised as a critical area of regulatory reform, with the objective of protecting the safety of workers, improving safety outcomes, reducing compliance costs for business and improving the efficiency of health and safety regulators.
In July 2008, the Territory, with the Commonwealth and each of the States and Territories signed the Inter-Governmental Agreement for Regulatory and Operational Reform in OHS (the IGA), committing to implement model laws by December 2011. The model laws comprise of a model Work Health and Safety Act, supported by model Regulation and model Codes of Practice.
The ACT implemented the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 as of 1 January 2012.
The Regulation is made under clause 276 of Schedule 3 to the Work Health and Safety Act 2011 and cover a range of matters relating to work health and safety, including:
• representation and participation (Chapter 2);
• general risk and workplace management (Chapter 3);
• hazardous work involving noise, hazardous manual tasks, confined spaces, falls, work requiring a high risk work licence, demolition work, electrical safety and energised electrical work and diving work (Chapter 4);
• plant and structures (Chapter 5);
• construction work (Chapter 6);
• asbestos (Chapter 8); and
• general (Chapter 11).
This clause provides the title of the regulation amendments - Work Health and Safety Amendment Regulation 2016 (No 1).
This clause provides the commencement date. This amendment regulation commences the day after notification.
This clause provides that the regulation amended is the Work Health and Safety Regulation 2011.
Clause 4 - Section 21 (1) Training for health and safety
representatives
This clause inserts the words ‘up to’ to
allow a health and safety representative to attend an initial health and safety
representative course for up to five days and up to one day for refresher
training each year.
Section 21 sets out the training entitlements of health and safety representatives as provided by clause 72(1) of the Act.
Sections 21(1) (a) and (b) now provide that a health and safety representative (including a deputy health and safety representative) is entitled to attend an initial course of training in work health and safety of up to five days duration. A health and safety representative (including a deputy health and safety representative) is also entitled to up to one day’s refresher training each year, with the entitlement to the first refresher training commencing one year after the initial training.
This clause provides that notifications are no longer required to be in
writing. The requirement to give notice within a required timeframe will now be
read as ‘must notify’.
Section 96 requires the licence holder
of a high risk work licence to notify the regulator of a change of postal or
residential address within 14 days of the change occurring.
Clause 7
- Section 98 (1) Replacement licence document
This clause provides that
notifications are no longer required to be in writing. The requirement to give
notice within a required timeframe will now be read as ‘must
notify’.
Section 98 sets out the requirements for a licence holder to notify the
regulator, as soon as practicable, if the original licence document is lost,
stolen or destroyed and to apply for a replacement licence document (section 98
(2)).
Clause 8 - Section 288 (1) Replacement registration
document
This clause provides that notifications are no longer required
to be in writing. The requirement to give notice within a required timeframe
will now be read as ‘must notify’.
Section 288 requires a registration holder to give notice to the regulator if the registration document is lost, stolen or destroyed.
This clause corrects references to the removal of asbestos to include asbestos removal as opposed to just a Class A licence.
Section 466 specifies the requirements for licensed asbestos removalists to
notify the regulator at least five days before starting licensed asbestos
removal work.
Clause 10 - Part 8.8 Asbestos removal requiring Class A
asbestos removal licence
This clause substitutes a new heading to include
asbestos removal when identifying a licence class.
This part has specific requirements for asbestos removal work requiring a
Class A asbestos removal licence. These include air monitoring requirements and
the action that duty holders must take if air monitoring shows specified levels
are exceeded.
Clause 11 - Section 475 Air monitoring—asbestos
removal requiring Class A
asbestos removal licence
This clause
substitutes new heading to include asbestos removal when identifying a licence
class.
Section 475 specifies the air monitoring requirements associated with
asbestos removal work requiring a Class A asbestos removal licence. This
includes when air monitoring must be carried out and to whom results of air
monitoring must be given to (section 475 (3)).
This clause provides that notifications are no longer required to be in
writing. The requirement to give notice within a required timeframe will now be
read as ‘must notify’.
Section 513 sets out the requirements for notifying the regulator if an
asbestos removal or asbestos assessor licence document is lost, stolen or
destroyed.
Clause 13 - Schedule 3, Crane and hoist operation - table
3.1, item 20
This clause substitutes item 20 in this table to include the
use of a personnel and materials hoist, and use of materials hoist.
Schedule 3 sets out the high risk work licences and the classes of high risk
work that are within the scope of each licence.
Clause 14 - Schedule
3, Crane and hoist operation - table 3.1, item 28, columns 2 and 3
This clause substitutes item 28 in this table from the name turbine to steam turbine.
Schedule 3 sets out the high risk work licences and the classes of high risk
work that are within the scope of each licence.
Clause 15 Schedule 4,
High risk work licences—competency requirements - table 4.1, item 22
This clause substitutes item 22 in this table to a licence to operate a concrete placing boom.
Schedule 4 sets out the qualifications required for a high risk work licence.
Item 22, column 3 describes the licence to conduct concrete boom delivery
operations.
Clause 16 Schedule 4, High risk work
licences—competency requirements - table 4.1, item 28
This clause
substitutes item 28 description and licence requirements from turbine to steam
turbine in both columns.
Schedule 4 sets out the qualifications required for a high risk work licence.
Section 86 specifies that only a person who holds a qualification set out in
Schedule 4 of the regulation may apply for a high risk work
licence.
Clause 17 Schedule 5, Registration of plant and plant design
- subsection 5.1.4
This clause substitutes lifts, including escalators
and moving walkways by removing the word
‘including’.
Schedule 5 lists the items of plant requiring
registration of design under section 243. It also lists the items of plant that
are required to be registered under section 246.
Clause 18 Schedule 5,
Registration of plant and plant design - subsection 5.1.8
This clause
removes the word ‘covered’ and substitutes the word
‘classified’ to reflect the correct terminology and content across
legislation.
Schedule 5 lists the items of plant requiring registration
of design under section 243. It also lists the items of plant that are required
to be registered under section 246.
Clause 19 Schedule 5, Registration
of plant and plant design - subsection 5.3.4
This clause substitutes
lifts, including escalators and moving walkways by removing the word
‘including’.
Schedule 5 lists the items of plant requiring
registration of design under section 243. It also lists the items of plant that
are required to be registered under section 246.
Clause 20 Schedule 5,
Registration of plant and plant design - subsection 5.3.6
This clause
removes the word ‘covered’ and substitutes the word
‘classified’ to reflect the correct terminology and content across
legislation.
Schedule 5 lists the items of plant requiring registration of
design under section 243. It also lists the items of plant that are required to
be registered under section 246.
Clause 21 Dictionary, definition of
concrete placing boom
This clause substitutes the current
definition that reflects the boom type name as a ‘knuckle boom’ to
an ‘articulating boom’.
An articulating boom is a more common
term used to describe the boom type. An articulating boom is sometimes referred
to as a ‘knuckle boom ‘or ’up and over boom‘.
Clause 22 Dictionary, definition of lift, paragraph (b)
(i)
This clause removes an escalator and moving walkway from the
definition of a lift.
Clause 23 Dictionary, definition of pressure
piping, paragraph (a)
This clause removes the word
‘liquid’ and replaces it with the word ‘fluid’ to define
pressure piping.
Clause 24 Dictionary, new definition of steam
turbine
This clause amends the defined term of a
‘turbine’ to a ‘steam turbine’. The
definition itself does not change.
Clause 25 Dictionary, definition of
tower crane, paragraph (b) (i)
This clause amends this subsection
to define ‘jib crane’ to mean that it may be a horizontal or luffing
jib type.
Clause 26 Dictionary, definition of turbine
This clause removes the definition of turbine as it is replaced by steam turbine.