Commonwealth Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY (SAFETY STANDARDS) REGULATIONS 1994 - REG 4.22A

         (1)   If a tractor is used at work under a tree, or in any other place, that is too low to allow the tractor to work while it is fitted with a rollover protective structure, the structure may be lowered or removed while the tractor is used in that situation.

         (2)   An employer must take all reasonably practicable steps to ensure that:

                (a)    a protective structure that is fitted to powered mobile plant at work complies with AS 1636 or AS 2294; or

               (b)    if a protective structure, or an associated structural attachment, of a kind mentioned in paragraph (a) is not available -- another protective structure is designed by a suitably qualified engineer in accordance with the following requirements:

                          (i)    the performance requirements of AS 2294 must be used as the design criteria for a rollover or falling object protective structure;

                         (ii)    the engineer is permitted to use calculated deformations if the engineer is satisfied that deformation testing is not required;

                        (iii)    the protective structure must be identified with the information required by AS 2294, as appropriate.

Penalty:   10 penalty units.

         (3)   Strict liability applies to the following physical elements:

                (a)    in paragraph (2) (a) -- that the structure complies with AS 1636 or AS 2294;

               (b)    in subparagraph (2) (b) (i) -- that the protective structure is designed in accordance with the performance requirements of AS 2294;

                (c)    in subparagraph (2) (b) (iii) -- that the information is required by AS 2294.

Note    For strict liability , see section 6.1 of the Criminal Code.

         (4)   An employer must take all reasonably practicable steps to ensure that, to minimise any risk to the health and safety of employees at work, powered mobile plant used by those employees is fitted with suitable operator restraining devices if:

                (a)    the plant is fitted with a rollover protective structure or a falling object protective structure; and

               (b)    attaching points for operator restraining devices have been incorporated in the original design of the plant.

Penalty:   10 penalty units.

         (5)   In this regulation:

AS 1636 means the standard comprising:

                (a)    AS 1636.1-1996 'Tractors -- Roll-over protective structures -- Criteria and tests -- Part 1: Conventional tractors'; and

               (b)    AS 1636.2-1996 'Tractors -- Roll-over protective structures -- Criteria and tests -- Part 2: Rear-mounted for narrow-track tractors'; and

                (c)    AS 1636.3-1996 'Tractors -- Roll-over protective structures -- Criteria and tests -- Part 3: Mid-mounted for narrow-track tractors'.

AS 2294 means the standard AS 2294.1-1997 'Earth-moving machinery -- Protective structures -- Part 1: General'.