Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In this
regulation —
energy source means anything with the capacity for
doing work and includes springs under tension or compression, accumulators,
capacitors and other energy storing devices.
(2) If access to plant
at a workplace is required for the purposes of regulation 4.37(1)(b)
or (c), then a person who, at the workplace, is an employer, a
main contractor, a self‑employed person, a person having control of
the workplace or a person having control of access to the workplace
must —
(a)
ensure that all hazards associated with and all energy sources of the plant
are identified; and
(b)
authorise a person (an authorised person ) to carry out the matters referred
to in subregulation (3), (4) or (5)(a).
(3) An authorised
person must, if it is practicable to do so, stop the plant and ensure that any
risk associated with any identified hazard is reduced as far as is
practicable.
(4) An authorised
person must, if it is practicable to do so, stop the plant and ensure
that —
(a) all
energy sources are de‑energised, and isolated using an isolation device
and locked‑out using a lock‑out device; and
(b) an
out of service tag is fixed to the plant and danger tags are fixed at the
energy sources and the operating controls of the plant; and
(c) the
measures taken in paragraph (a) are tested to ensure that the plant
cannot be energised inadvertently; and
(d)
anything to be carried out under regulation 4.37(1)(b) or (c) is not
carried out before the tests are carried out; and
(e)
after anything to be carried out under regulation 4.37(1)(b) or (c)
is carried out, the plant is returned to operational status.
(5) If it is not
practicable to carry out all of the matters referred to in
subregulation (4)(a) to (d) —
(a) the
authorised person must ensure that such of those matters as it is practicable
to carry out are carried out; and
(b) the
person who gave the authorised person authorisation must —
(i)
ensure that written procedures are developed by a
competent person to deal with the hazards and energy sources that it is not
practicable to deal with under subregulation (4)(a) to (d); and
(ii)
provide those written procedures to the authorised
person; and
(iii)
ensure that the written procedures are followed by a
person carrying out the matters referred to regulation 4.37(1)(b)
or (c).
(6) If access to plant
at a workplace is required for the purposes of regulation 4.37(1)(b)
or (c) and it is not practicable to stop the plant, then a person who, at
the workplace, is an employer, a main contractor, a self‑employed
person, a person having control of the workplace or a person having control of
access to the workplace must ensure —
(a) that
the plant is fitted with operating controls that allow controlled movement of
the plant; and
(b) that
there are written procedures to be followed in relation to anything to be
carried out under regulation 4.37(1)(b) or (c) that are designed to
prevent injury to persons working on the plant; and
(c) that
persons working on the plant carry out the work in accordance with the written
procedures.
(7) A person does not
commit an offence under subregulation (4)(a) or (5)(a) if the plant
is not isolated and locked out in the case of an accident or emergency.
Penalty applicable to subregulations (2),
(3), (4), (5) and (6): the regulation 1.16 penalty.
[Regulation 4.37A inserted in Gazette
8 Mar 2002 p. 978‑80; amended in Gazette
14 Dec 2004 p. 6018.]