Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In these Regulations:
"Act" means the Occupational Health and Safety Act 1991 .
"ADG Code" means the Australian Code for the Transport of Dangerous Goods by Road and Rail, 7th edition, published by the National Transport Commission in 2007.
Note Further information about the ADG Code is available at http://www.ntc.gov.au .
"AE Code" means the Australian Code for the Transport of Explosives by Road and Rail, 3rd edition, endorsed by the Workplace Relations Ministers' Council in April 2009.
"amusement structure" means a structure or a device:
(a) that is operated for hire or reward; and
(b) that is used, or designed to be used, for amusement, recreation, sport, sightseeing or entertainment; and
(c) on which persons may be moved, carried, raised, lowered or supported by any part of the structure or device; and
(d) that is either:
(i) an arrangement of structural or mechanical elements, or both, that has as its prime function the provision of movement of a passenger in a controlled manner so that the passenger is not necessarily required to move himself or herself to obtain the desired effect (called an amusement ride ); or
(ii) an arrangement or equipment through which, or on which, a rider moves and for which the desired effect is achieved primarily by the rider's self-powered motion, or by another process that is not referred to in the description of an amusement ride (called an amusement device ).
asbestos means any of the following fibrous forms of mineral silicates belonging to the serpentine and amphibole groups of rock-forming minerals:
(a) actinolite asbestos;
(b) amosite (brown asbestos);
(c) anthophyllite asbestos;
(d) chrysotile (white asbestos);
(e) crocidolite (blue asbestos);
(f) tremolite asbestos.
(a) means a vessel, or an arrangement of vessels, and interconnecting parts, in which:
(i) steam or other vapour is generated; or
(ii) water or other liquid is heated at a pressure greater than atmospheric pressure;
by the use of fire, the products of combustion, electrical power or other similar means; and
(b) includes a superheater, reheater, economiser, boiler piping support, mounting, valve, gauge, fitting, control, setting or other equipment directly associated with a boiler; and
(c) does not include a fully flooded or pressurised system where water or other liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid.
"bracket scaffold" means a scaffold the platform of which is carried on frames that are attached to, or supported by, permanent or temporary construction.
"bridge crane" means a crane:
(a) comprising a bridge beam mounted at each end to an end carriage; and
(b) capable of travelling along elevated runways; and
(c) having one or more hoisting mechanisms arranged to traverse the bridge.
"building" includes part of a building or a building under construction.
"building maintenance equipment" :
(a) means a suspended platform and associated equipment which incorporates permanently installed overhead supports to provide access to any face or other similar surface of a building for maintenance purposes; and
(b) includes a building maintenance unit and a swing stage; and
(c) does not include a suspended scaffold.
"building maintenance unit" means a power-operated suspended platform and associated equipment which is:
(a) permanently installed on a building; and
(b) specifically designed to provide access to any face of the building for maintenance purposes.
"cantilevered scaffold" (other than a bracket scaffold) that is supported by cantilevered load-bearing members.
"commissioning" , in relation to plant, means performing the necessary adjustments, tests and inspections to ensure that the plant is in full working order to specified requirements before the plant is used, and includes re-commissioning.
"competent person" , in relation to a specified task, means a person who has, through a combination of training, education and experience, acquired knowledge and skills that enable the person to perform correctly that task.
"concrete placing unit (truck-mounted with boom)" means plant that:
(a) is used to place concrete by way of pumping concrete through a pipeline attached to or forming part of the boom; and
(b) is capable of travelling over a supporting surface without the need for fixed runways (including railway tracks); and
(c) relies on gravity for stability, that is, with no vertical restraining connection between itself and the supporting surface and no horizontal restraining connection (other than frictional forces at supporting surface level) that may act as an aid to stability.
consumer package means a package that is intended for retail display and sale, and includes a package that:
(a) is intended for retail sale and display; and
(b) is transported and distributed in a group of identical packages that form a larger package.
(a) means an apparatus or equipment worked by a form of power, other than human power, by means of which a load may be raised, lowered, transported or continuously driven by:
(i) an endless belt, rope, chain or similar means; or
(ii) buckets, trays or other containers or fittings moved by an endless belt, rope, chain or similar means; or
(iii) a rotating screw; or
(iv) a vibration or walking beam; or
(v) a powered roller conveyor where the rolls are driven by an endless belt, rope, chain or similar means; and
(b) includes the supporting structure, auxiliary equipment and gear used in connection with the apparatus or equipment.
"crane" means an appliance by means of which a load may be raised, lowered or moved horizontally, including the supporting structure and foundations of an appliance of that kind, but does not include the following:
(a) an industrial lift truck;
(c) an amusement structure;
(d) a tractor;
(e) an industrial robot;
(f) a conveyor;
(g) building maintenance equipment.
"defence employing authority" means the Secretary of the Department of Defence and the Chief of the Defence Force.
"direct-fired process heater" means an arrangement of tubes comprising one or more coils located in the radiant zone, convection zone, or both, of a combustion chamber, the prime purpose of which is to raise the temperature of a process fluid (being liquid, gas or a combination of both), which is circulated through the coils, to allow:
(a) the distillation, fractionation or reaction of the process fluid; or
(b) the occurrence of another petrochemical process in relation to the process fluid.
(a) means an operator-controlled item of plant used to excavate, load, transport, spread or compact earth, overburden, rubble, spoil, aggregate or similar material; and
(b) does not include a tractor or an industrial lift truck.
"electrical equipment" means an appliance, wire, fitting, cable, conduit, meter, insulator, apparatus, material or other electrical article that generates, uses, conveys or controls electricity.
"electrical installation" means electrical equipment that is fixed, or intended to be fixed, in, on, under or over land.
"electrical plant" means plant that consumes, converts or generates electricity.
"elevating work platform" means a telescoping device, scissor device or articulating device (or a combination of 2 or more of those devices) used to move people, equipment and material to and from a work location above the device's support structure.
(a) a fire, ambulance or police department operating in a State or Territory; and
(b) another department, agency or instrumentality of the Crown, operating in a State or Territory, that may be required to attend at the scene of an emergency in the State or Territory.
"erector" means a person who erects or installs plant in a workplace.
"ergonomic" means the factors that maximise the functioning of plant, or a system of work associated with plant, by adapting the plant or system to human capacity or need.
(a) in relation to exposure to a substance -- means an airborne concentration of a particular substance in a person's breathing zone identified in accordance with the Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC:1003 (1995)]; and
(b) in relation to exposure to noise -- means the exposure standard for noise set out in subregulation 3.03 (1).
(a) a break or defect that may cause an object to present an increased risk to health and safety; or
(b) an aspect of the design of an object that may cause the object to be a risk to health and safety if it is manufactured in accordance with the design.
"fired heater" means a pressure vessel in which:
(a) a liquid is heated below its normal atmospheric boiling temperature; or
(b) a process fluid is heated, in tubes, above or below its normal atmospheric boiling temperature;
by the application of fire, the products of combustion, electric power or similar high temperature means.
"gantry crane" means a crane:
(a) comprised of a bridge beam, supported at each end by legs mounted on end carriages; and
(b) that is capable of travelling on supporting surfaces or deck levels, whether fixed or not; and
(c) that has a crab with one or more hoisting units arranged to travel across the bridge.
"gas cylinder" means an individual rigid pressure vessel:
(a) of a water capacity that does not exceed 3,000 litres; and
(b) that does not have openings or integral attachments on its shell, other than at the ends; and
(c) that is designed for the storage or transport of gas under pressure; and
(d) that is referred to in AS 2030 (SAA Gas Cylinders Code).
"guard" means a device that prevents or reduces access to a danger point or area.
"hazard" means the potential to cause injury or illness.
"hazardous situation" means a situation that has the potential to cause injury or illness to an individual.
"hoist" means an appliance (other than building maintenance equipment) by means of which a load may be raised or lowered, such as:
(a) an elevating work platform; or
(b) a mast climbing platform; or
(c) a people or materials hoist; or
(d) a scaffolding hoist; or
(e) a serial hoist.
"hung scaffold" means a scaffold which:
(a) is hung from another structure; and
(b) is not capable of being raised or lowered when in use.
(a) means powered mobile plant, designed to move goods, material or equipment, that:
(i) is equipped with an elevating load carriage; and
(ii) is normally equipped with a load-holding attachment; and
(b) does not include a mobile crane or earthmoving machinery.
(a) means a multifunctional manipulator that is capable of handling material, parts, tools or specialised devices through variable programmed motions for the performance of a variety of tasks; and
(b) includes the device used to control the manipulator.
"ingredient" means a component of a substance that is a mixture or a combination, and includes an impurity in the substance.
Note An ingredient may be included in reactive or unstable dangerous goods to maintain the stability of the dangerous goods.
"installer" means a person who installs plant in a workplace.
"interlocked" , in relation to plant, means the connection between a guard or machine element and the control system, or the power system, of the plant that:
(a) allows access to the moving parts of the plant at the times when those parts are not moving; and
(b) prevents moving parts from starting up or operating when access is available to those moving parts.
(a) means any device that can produce or amplify electromagnetic radiation in the wave length range from 100 nanometers to 1 millimetre by the process of controlled stimulated emission; and
(b) does not include:
(i) an electric light globe; or
(ii) a fluorescent light tube; or
(iii) an electric radiator used for heating; or
(iv) radio or video communication equipment; or
(v) a domestic cooking appliance that uses high-powered lamps; or
(vi) a navigation or search light.
"laser product" means any product or assembly of components that constitutes, incorporates, or is intended to incorporate, a laser.
"manual handling" means an activity requiring the use of force exerted by a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing.
"mast climbing work platform" means a hoist having a working platform used for temporary purposes to raise personnel and materials to the working position by means of a drive system mounted to an extendable mast.
"minimise" means to reduce to the lowest level that is reasonably practicable to achieve.
"mobile crane" means a crane:
(a) capable of travelling over a supporting surface without the need for fixed runways (including railway tracks); and
(b) that relies only on gravity for stability, having no vertical restraining connection between itself and the supporting surface and no horizontal restraining connection (other than frictional forces at supporting-surface level) which may act as an aid to stability.
"MSDS" means a Material Safety Data Sheet.
"NOHSC" means the National Occupational Health and Safety Commission established under section 6 of the National Occupational Health and Safety Commission Act 1985 .
"operator protective device" includes:
(a) a roll-over protective structure; and
(b) a falling object protective structure; and
(c) an operator restraining device; and
(d) a seat belt.
personal use products means:
(a) cosmetics; and
(b) a substance that is therapeutic goods within the meaning of the Therapeutic Goods Act 1989 ; and
(c) tobacco and substances made from tobacco; and
(d) toilet products; and
(e) toiletries.
"prefabricated scaffolding" means an integrated system of prefabricated components manufactured in such a way that the geometry of assembled scaffolds is pre-determined.
"presence sensing safeguarding system" includes:
(a) a sensing system that employs one or more forms of radiation that are self-generated or otherwise generated by pressure; and
(b) an interface between the final switching devices of a sensing system and a primary control element; and
(c) the capability to stop a machine, by which the presence of a person in the sensing field will cause the dangerous parts of a machine to be brought to a safe state.
"pressures" expressed are gauge pressures relative to atmospheric pressure, unless otherwise identified.
(a) a boiler; or
(b) a pressure vessel; or
(c) pressure piping.
(a) means an assembly (other than a boiler or a pressure vessel) consisting of pipes, pipe fittings, valves and pipe accessories that are:
(i) subject to internal or external pressure; and
(ii) used to contain or convey fluid, or to transmit fluid pressure; and
(b) includes a distribution header, bolting, gasket, pipe support or pressure retaining accessory.
(a) means a vessel (other than a boiler) that is subject to internal or external pressure greater than atmospheric pressure; and
(b) includes:
(i) any interconnected part, component, valve, gauge or other fitting up to the first point of connection of piping; and
(ii) a fired heater; and
(iii) a gas cylinder.
"record" includes anything in which information is stored or from which information can be reproduced.
relevant person means any of the following persons:
(a) an employee;
(b) a contractor in respect of whom an employer has obligations in accordance with subsection 16 (4) of the Act;
(c) any other person at or near a workplace under an employer's control.
(a) means the restoration of plant to an operating condition; and
(b) does not include routine maintenance, replacement or alteration.
"retailer" means a person who sells goods to a person who is not engaged in the resale of the goods.
"risk" means the probability and consequences of occurrence of injury or illness.
"risk assessment" means the process of evaluating the probability and consequences of injury or illness arising from exposure to an identified hazard or hazards.
"risk control" means the process of managing the elimination or minimisation of a risk to health and safety.
safe work method statement means a document that:
(a) identifies each work activity assessed as having one or more safety risks; and
(b) describes the safety risk or risks; and
(c) describes the control measures that will be applied to the work activity; and
(d) describes how safety measures will be implemented to do the work safely; and
(e) includes a description of the equipment used in the work, the qualifications of the people doing the work and the training required to do the work safely.
"scaffold" means a temporary structure specifically erected to support one or more access or working platforms.
"scaffolding equipment" means any component, assembly or machine used or intended to be used in the construction of a scaffold.
"spur scaffold" means a scaffold which is partially supported by inclined load bearing members.
"structure" includes a part of a structure.
(a) means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use; and
(b) includes a boatswain's chair.
"tower crane" means a boom or jib crane mounted on a tower structure.
"tractor" means a motor vehicle, whether wheeled or track mounted (other than earthmoving equipment), that is designed to provide power and movement to an attached machine or implement by a transmission shaft, belt or linkage system.
use means:
(a) in relation to dangerous goods, or a substance, at a workplace -- to produce, handle, store, transport or dispose of the dangerous goods or substance at the workplace; and
(b) in relation to plant -- to work from, operate, maintain, inspect or clean the plant.
"vehicle hoist" means a vehicle-hoisting device the purpose of which is to provide accessibility for convenient under-chassis examination or service.
"work box" means a personnel carrying device that is:
(a) designed to be suspended from a crane; and
(b) intended to provide a working area for an person elevated by and working from the box.
"workpiece" , in relation to plant:
(a) means material, offcut or scrap (in any form):
(i) on which the plant performs work; or
(ii) produced by the plant; and
(b) does not include a load being lifted or moved by the plant.
(2) In these Regulations:
(a) a reference to a document the title of which includes the letters AS is a reference to a document of that title published by Standards Australia and:
(i) as in force on the day on which it was published; or
(ii) if the document has been amended -- as in force immediately before the day on which the regulation that refers to the document commences; and
(b) a reference to a document the title of which includes the letters NOHSC is a reference to a document of that title published by the National Occupational Health and Safety Commission and:
(i) as in force on the day on which it was published; or
(ii) if the document has been amended -- as in force immediately before the day on which the regulation that refers to the document commences; and
(c) if paragraphs (a) and (b) do not apply -- a reference to a document, followed by a description of the person that published the document, is a reference to the document of that title:
(i) as in force on the day on which it was published; or
(ii) if the document has been amended -- as in force immediately before the day on which the regulation that refers to the document commences.
(3) In these Regulations:
(a) the Australian Defence Organisation comprises the Department of Defence and the Australian Defence Force; and
(b) anything required to be done by the defence employing authority may be done by the Secretary of the Department of Defence or the Chief of the Defence Force acting:
(i) for himself or herself; and
(ii) on behalf of the other person; and
(c) anything given or notified to the Secretary of the Department of Defence or the Chief of the Defence Force is taken to be given or notified to the defence employing authority.
Note 1 Under the definition of employing authority in section 5 of the Act and regulation 4 of the Occupational Health and Safety (Safety Arrangements) Regulations 1991 , the Chief of the Defence Force is the employing authority in relation to a member of the Australian Defence Force.
Note 2 Under the definitions of employing authority , Entity and principal officer in section 5 of the Act, the Secretary to the Defence Department is the employing authority in relation to a person who is employed by the Defence Department.