1.1.4 Revocation of existing Regulations r. 1.1.4 (1) The Regulations set out in Schedule 1 are revoked. (2) The Regulations continued by sections 173(2) and 174(2) of the Occupational Health and Safety Act 2004 are revoked. 1.1.5 Definitions In these Regulations— A-weighted means a measure using a filter designed to reflect the response of the human ear at low sound pressure levels; abseiling equipment means equipment used to manually lower or raise a person in a harness or seat, supported by one or more fibre ropes and includes the equipment used to anchor or haul the rope or ropes while abseiling; Act compliance provision means a provision of a kind referred to in regulation 1.1.7; ADG Code has the same meaning as it has in the Dangerous Goods Act 1985; administrative control means a system of work or a work procedure that is designed to eliminate or reduce a risk, but does not include— (a) a physical control; or (b) the use of personal protective equipment; air-supplied respiratory protective equipment means a device that supplies air to the wearer from a source other than the ambient atmosphere; alter, in relation to plant, means to change the design of, add to, or take away from the plant
audiological examination means the testing and examination of a person's ear and hearing threshold for the purpose of establishing the type and cause of any hearing disorder; audiometric test means the measurement of a person's air conduction hearing threshold levels by means of an electro-acoustic instrument (audiometer), equipped with earphones, that provides pure tones of specified discrete frequencies at known hearing levels; Australian Qualifications Framework has the same meaning as AQF has in the Education and Training Reform Act 2006; Australian Safety and Compensation Council means the Australian Safety and Compensation Council as defined in section 3 of the Australian Workplace Safety Standards Act 2005 of the Commonwealth; r. 1.1.5 Note The Australian Safety and Compensation Council succeeded the National Occupational Health and Safety Commission in February 2005. biological monitoring means the measurement and evaluation of a substance, or its metabolites, in the body tissue, fluids or exhaled air of a person exposed to that substance; blood lead level means the concentration of lead in the whole blood expressed in micromoles per litre (µmol/L); boiler means a boiler as defined in AS/NZS 1200 Pressure equipment with a hazard level A, B, C or D as determined by AS 4343 Pressure equipment—Hazard levels;
construction statement of attainment means a certification issued by a construction RTO stating that the person to whom it is issued has completed— (a) construction induction training; or (b) the Construction ustry Basic uction training course— but does not include a certification issued by a construction RTO, or an RTO in a class of construction RTOs, determined by the Authority under regulation 1.1.6, if the certification is issued after the determination takes effect; construction work has the meaning given by regulation 5.1.2; consumer package means a package that is intended for retail display and sale; r. 1.1.5 Reg. 1.1.5 def. of container amended by S.R. No. 18/2010 reg. 4(a). container, in Part 4.1 (Hazardous Substances), means anything in or by which a hazardous substance is or has been wholly or partly encased, covered, enclosed, contained or packed (whether empty, partially full or full) but does not include— (a) the fuel tank of a vehicle; or (b) a container within the meaning of bulk in the Dangerous Goods (Storage and Handling) Regulations 2000; contaminant means any substance that may be harmful to health or safety; conveyor means equipment by which loads are raised, lowered or transported or capable of being raised, lowered, transported, or continuously driven, by—
(v) exposure to sustained vibration; r. 1.1.5 (b) manual handling of live persons or animals; (c) manual handling of unstable or unbalanced loads or loads that are difficult to grasp or hold; Reg. 1.1.5 def. of hazardous substance amended by S.R. No. 18/2010 reg. 4(c). hazardous substance means a substance that— (a) is listed on the HSIS and the concentration of the substance or its ingredients equals or exceeds the concentration cut-off levels listed on the HSIS that relate to health effects; or (b) meets the criteria for a hazardous substance set out in the Approved Criteria for Classifying Hazardous Substances; or (c) meets the criteria for hazard classification set out in Part 3 (Health Hazards) of the GHS; Hazchem Code has the same meaning as in the ADG Code; health surveillance means health monitoring, which may include audiometric testing, medical examinations (including audiological examinations) and biological monitoring; hearing protector means a device that is designed for the purpose of protecting a person's hearing and that— (a) is inserted into the ear canal; or (b) covers the ear canal entrance; or (c) covers the entire ear;
Note Act compliance—section 29 (see regulation 1.1.7). (3) If the designer instructs a manufacturer of plant in accordance with regulation 3.5.9(b), the manufacturer may proceed in accordance with the designer's original information. 3.5.13 Information must be obtained and provided r. 3.5.13 A manufacturer of plant must— (a) take all reasonable steps to obtain the information required to be provided to the manufacturer by the designer of the plant under section 27(1)(c) of the Act and regulation 3.5.8; and (b) ensure that a person to whom the manufacturer supplies the plant is provided with the information provided to the manufacturer by the designer under sections 27(1)(c)(i) and 27(1)(c)(iii) of the Act and regulation 3.5.8 when the plant is supplied by the manufacturer; and (c) if the manufacturer acts in accordance with regulation 3.5.12(1)(c), ensure that a person to whom the manufacturer supplies the plant is provided with the information, applicable to the plant, that is required to be provided by the designer under sections 27(1)(c)(i) and 27(1)(c)(iii) of the Act and regulation 3.5.9. Note Act compliance—section 29 (see regulation 1.1.7). 3.5.14 Records and information r. 3.5.14 (1) A manufacturer of plant must keep—
(b) if the licence assessor is not so satisfied, the licence assessor must give the applicant a written notice stating that opinion and the reasons why the licence assessor is of that opinion. (3) An applicant is entitled to be heard by the licence assessor in relation to any action taken under subregulation (2)(b). 3.6.8 Method of assessment r. 3.6.8 (1) A licence assessor must carry out any assessment made for the purposes of regulation 3.6.7 in accordance with the assessment instruments and procedures for conducting assessments that the Authority issues from time to time and makes available to the licence assessor. 60 penalty units for a natural person; 300 penalty units for a body corporate. (2) The Authority may include in the assessment instruments— (a) techniques for directly observing the applicant's performance of the work or skill under workplace conditions; (b) simulated work-related tasks to be undertaken; (c) checklists to be completed by the applicant; (d) projects or assignments to be completed by the applicant; (e) test questions; (f) any other methods of assessment. 3.6.9 Process for re-assessment r. 3.6.9 An applicant who receives a notice of unsatisfactory assessment under
(b) the sale of brake shoes lined with asbestos for the purpose of re-lining the brake shoes with material that does not contain asbestos. (3) A person who contravenes subregulation (1) is liable to a penalty not exceeding— (a) 100 penalty units for a natural person; or (b) 400 penalty units for a body corporate. 4.3.16 Use of asbestos r. 4.3.16 (1) A person must not use asbestos. (2) This prohibition does not apply to asbestos fixed to or installed in a building, structure, ship, plant, aircraft or vehicle as at 31 December 2003. (3) A person who contravenes subregulation (1) is liable to a penalty not exceeding— (a) 100 penalty units for a natural person; or (b) 400 penalty units for a body corporate. 4.3.17 Re-use, installation and replacement of asbestos (1) A person must not fix asbestos-containing material to, or install asbestos-containing material in, any building, structure, ship, plant, aircraft or vehicle. (2) A person must not replace any part of a building, structure, ship, vehicle, aircraft or plant with asbestos-containing material. (3) A person must not re-use any asbestos. Note When fixed or installed asbestos needs to be replaced, a material that does not contain asbestos must be used. (4) A person who contravenes subregulation (1), (2) or (3) is liable to a penalty not exceeding— (a) 100 penalty units for a natural person; or (b) 400 penalty units for a body corporate.
application, the applicant's record of performance while performing work under that licence; and (d) the applicant's record with respect to any matters arising under any relevant occupational health and safety legislation. 6.1.4 Time for processing the application r. 6.1.4 (1) This regulation applies if the Authority receives an application for a licence that has been made in accordance with these Regulations. (2) The Authority must give the applicant a written notice stating the Authority's intention to grant, or to propose to refuse to grant, the licence— (a) subject to regulation 6.1.22, in the case of an application for a major hazard facility licence, within 6 months after receiving the application; or (b) in the case of any other application for a licence, within 60 days after receiving the application. Note Regulation 6.1.5 provides for the suspension of these periods in certain circumstances. 6.1.5 Authority may request additional information r. 6.1.5 (1) If the Authority receives an application for a licence that does not contain sufficient information to enable the Authority to make a decision whether or not to grant the application, the Authority may request the applicant to provide additional information to enable it to make a decision.
(c) that the licence was granted on the basis of a statement of attainment or notice of satisfactory assessment of competency that was obtained or provided on the basis of fraud or the provision of false or misleading information by any person or body; or Note Any person or body would include the licence holder, the RTO who issued the statement of attainment or the licence assessor who issued the notice of satisfactory assessment of competency. r. 6.1.44 (d) in the case of a licence other than a major hazard facility licence, that the licence holder is not, or has not been, safely and competently carrying out the activities that the licence authorises the licence holder to carry out; or (e) in the case of a major hazard facility licence— (i) that the licence holder is not, or has not been, safely and competently conducting the major hazard facility; or (ii) that the Safety Management System for the major hazard facility no longer provides a comprehensive and integrated management system for all aspects of risk control measures adopted in relation to major incident hazards and major incidents; or (iii) that risk control measures adopted by the licence holder under regulation 5.2.8 are seriously deficient; or (iv) that the licence holder no longer understands the content of the Safety
the Victorian Qualifications Authority Act 2000. (2) Until the commencement of section 6.1.1((l) of the Education and Training Reform Act 2006, a reference to Chapter 4 of that Act in the definition of RTO in regulation 1.1.5 is to be taken to be a reference to the Victorian Qualifications Authority Act 2000. (3) Until the commencement of section 6.1.1((e) of the Education and Training Reform Act 2006, a reference to that Act in regulation 5.1.22 is to be taken to be a reference to the Education Act 1958. __________________ 8.2.1 Definitions r. 8.2.1 In this Part— certificate of competency means— (a) a certificate of competency granted or issued under the former Regulations; or (b) a certificate of competency that was issued under the Lifts and Cranes Act 1967, the Boilers and Pressure Vessels Act 1970 or the Scaffolding Act 1971 or regulations made under those Acts, and that was in force immediately before the former Regulations came into operation, and that has not subsequently been cancelled or surrendered; or (c) a certificate that is equivalent to a certificate of competency referred to in paragraph (a) or (b) that was issued
non-slewing mobile crane means a powered mobile crane with a capacity of more than 3 tonnes and which incorporates a boom or jib that is not capable of being slewed, including an articulated type mobile crane and a locomotive crane, but does not include a crane engaged in vehicle tow truck operations; order-picking fork-lift truck means a powered industrial truck of the type where the operator's control arrangement is incorporated with the load carriage or lifting media, and elevates with it; Sch. 3 personnel and materials hoist means a powered builder's hoist by which people, goods or materials may be hoisted, and which comprises a car, structure, machinery or other equipment associated with the hoist, and which may be either a cantilever hoist, a tower hoist or a multiple winch operation; portal boom crane means a powered jib or boom crane mounted on a portal frame that is supported on runways along which the crane may travel; slewing mobile crane means a powered mobile crane incorporating a boom or jib that is capable of being slewed, but does not include a front-end loader, a backhoe, an excavator or similar equipment when configured for crane operation; tower crane means a powered jib or boom crane mounted on a tower structure that is demountable or permanent, and includes both horizontal and luffing jib types;
HYDROGEN SULFIDE 1053 50 LP GASES 1011 1012 1075 1077 1978 200 Sch. 9 MATERIAL UN Nos INCLUDED UNDER NAME THRESHOLD QUANTITY (tonnes) METHYL BROMIDE 1062 200 METHANE or NATURAL GAS 1971 1972 200 METHYL ISOCYANATE 2480 015 OXIDES OF NITROGEN, including nitrous oxide, nitrogen dioxide and nitrogen trioxide 1067 1070 1660 1975 2201 2421 50 OXYGEN 1072 1073 2000 PHOSGENE 1076 075 PROPYLENEIMINE 1921 200 PROPYLENE OXIDE 1280 50 SODIUM CHLORATE, solid 1495 200 SULFURIC ANHYDRIDE (Alt. SULFUR TRIOXIDE) 1829 75 SULFUR DICHLORIDE 1828 1 SULFUR DIOXIDE, LIQUEFIED 1079 200 TITANIUM TETRACHLORIDE 500 TOLUENE DIISOCYANATE 2078 200 Sch. 9 Table 2 amended by S.R. No. 18/2010 reg. 9(2). TABLE 2 Sch. 9 Note 1 The quantities specified for explosives relate to the weight of explosive exclusive of packing, casings and non-explosive components.
2 If explosives of different Hazard Divisions are present in the same area or storage, all of the explosives must be classified in accordance with the following table— Div 1.1 1.2 1.3 1.4 1.5 1.6 1.1A 1.1A 1.1A 1.1A 1.1A 1.1A 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.2 1.1 1.2 1.1 1.2 1.1 1.2 1.3 1.1 1.1 1.3 1.3 1.1 1.3 Sch. 9 Div 1.1 1.2 1.3 1.4 1.5 1.6 1.4 1.1 1.2 1.3 1.4 1.5 1.6 1.5 1.1 1.1 1.1 1.5 1.5 1.5 1.6 1.1 1.2 1.3 1.6 1.5 1.6 MATERIAL DESCRIPTION QUANTITY (tonnes) Explosive materials Explosive of Class 1.1A 10 All other Explosives of Class 1.1 50 Explosive of Class 1.2 200 Explosive of Class 1.3 200 Compressed and liquefied gases Compressed or liquefied gases of Class 2.1 or Subsidiary Risk 2.1 200 Liquefied gases of Subsidiary Risk 5 200 Compressed or liquefied gases that meet the criteria for Very Toxic in Table 3 20 Compressed or liquefied gases that meet the criteria for Toxic in Table 3 200
with water) Oxidising Materials Oxidising material listed in Appendix A of the ADG Code 50 Sch. 9 MATERIAL DESCRIPTION THRESHOLD QUANTITY (tonnes) Oxidising materials that meet the criteria for Class 5.1 Packing Group I or II 200 Peroxides Peroxides that are listed in Appendix A to the ADG Code 50 Organic Peroxides that meet the criteria for Class 5.2 200 Toxic Solids and liquids Materials that meet the criteria for Very Toxic in Table 3 except materials that are classified as Infectious Substances (Class 6.2) or as Radioactive (Class 7); 20 Sch. 9 Materials that meet the criteria for Toxic in Table 3 except, in relation to mines, sodium cyanide 200 Sch. 9 Table 3 amended by S.R. No. 18/2010 reg. 9(3). TABLE 3 CRITERIA FOR TOXICITY Note These criteria are in accordance with the ADG Code Description Oral Toxicity1 LD50 (mg/kg) Dermal Toxicity2 LD50 (mg/kg) Inhalation Toxicity3 LC50 (mg/L) Very Toxic LD50<5 LD50<40 LC50<0·2 Toxic 5<LD50<50 50<LD50<200 0·2<LC50<2 1 In rats Sch. 9
(a) tests of the effectiveness of the risk control measures; (b) indicators of the failure of any risk control measure; (c) actions to be taken in reporting any such failure; (d) other corrective actions to be taken in the event of any such failure. 8 Audit Provision for the auditing of performance against the performance standards, including the methods, frequency and results of the audit process. Sch. 10 __________________ SCHEDULE 11 Sch. 11 Regulation 5.2.9 1 Site and hazard detail 1.1 The name, location, postal address and nature of the operations of the major hazard facility. 1.2 A detailed map of— (a) the site of the major hazard facility; (b) the area surrounding the site showing details of residents, the built and natural environment, closely located major hazard facilities and all other neighbours whose health or safety could be adversely affected by a major incident. The map should also identify all potentially hazardous inventories in the area that are known