Version No. 007 Occupational Health and Safety Regulations 2007 S.R. No. 54/2007 Version incorporating amendments as at 30 June 2012 table of provisions Regulation Page CHAPTER 1—PRELIMINARY 1 1 1.1.1 Objectives 1 1.1.2 Authorising provisions 2 1.1.3 Commencement 2 1.1.4 Revocation of existing Regulations 3 1.1.5 Definitions 3 1.1.6 Determinations of Authority 44 1.1.7 Act compliance notes 45 1.1.8 Independent contractors 46 1.1.9 Health and safety representatives 46 1.1.10 Designers, manufacturers and suppliers 47 1.1.11 References to Parts 47 48 1.2.1 Documents incorporated as in force from time to time 48 1.2.2 Publication date of amendments to certain incorporated documents 48 1.2.3 Date of effect of amendments to incorporated documents 49 1.2.4 Inconsistencies between provisions 49 CHAPTER 2—GENERAL DUTIES AND ISSUE RESOLUTION 50 50 2.1.1 Proper installation, use and maintenance of risk control measures 50 2.1.2 Provision of information, instruction and training 50 2.1.3 Medical examinations and health surveillance 51 2.1.4 Reports of health surveillance to be confidential 51 2.1.5 How to involve health and safety representatives in consultation 52 MATTERS
boom-type elevating work platform means a telescoping device, hinged device, or articulated device or combination of those devices used to support, elevate and position personnel, equipment or materials by means of a platform, but does not include an industrial lift truck; breathing zone means a hemisphere of 300 millimetres radius extending in front of a person's face measured from the mid-point of an imaginary straight line joining the ears; bridge crane means a crane that— (a) consists of a bridge beam or beams, that are mounted to end carriages at each end; and (b) is capable of travelling along elevated runways; and (c) has one or more hoisting mechanisms; r. 1.1.5 building maintenance equipment means a suspended platform, including a building maintenance unit or a swing stage, that incorporates permanently installed overhead supports to provide access to the faces of a building for maintenance, but does not include a suspended scaffold; building maintenance unit means a power operated appliance with a suspended platform, permanently installed or intended to be permanently installed on a building and specifically designed to provide access to the faces of the building for a person working from the platform; C-weighted means a measure using a filter designed to reflect the response of the human ear at high sound pressure levels;
confined space entry permit means a confined space entry permit issued by an employer in accordance with regulation 3.4.14; construction excavation, in Part 5.1 (Construction), means― (a) a trench if the excavated depth is more than 15 metres; (b) a shaft if the excavated depth is more than 2 metres; (c) a tunnel; Construction Industry Basic Induction training course means the Construction Industry Basic Induction training course conducted under the auspices of the tripartite industry forum, Foundations for Safety Construction Industry Training Agreement commencing 1 February 2001; r. 1.1.5 construction induction training means a unit of competency of general occupational health and safety induction training to the construction industry endorsed or accredited under the Australian Qualifications Framework; construction project means a project involving construction work and includes preparation and planning of the proposed construction work; construction RTO means an RTO whose registration allows delivery of— (a) construction induction training; or (b) the Construction ustry Basic uction training course;
See the definition of AS 2030—Gas Cylinders which encompasses AS 2030.1, AS 2030.2 and AS 2030.4. generic name, in relation to a substance, means a name that describes the category or group of chemicals to which the substance belongs; Reg. 1.1.5 def. of GHS inserted by S.R. No. 18/2010 reg. 4(b). GHS means the Globally Harmonized System of Classification and Labelling of Chemicals, published by the United Nations in 2009; glove bag means a single-use bag constructed from transparent, heavy duty polyethylene with built-in arms and access ports; hazardous manual handling means— r. 1.1.5 (a) manual handling having any of the following characteristics— (i) repetitive or sustained application of force; (ii) repetitive or sustained awkward posture; (iii) repetitive or sustained movement; (iv) application of high force being an activity involving a single or repetitive use of force that it would be reasonable to expect that a person in the workforce may have difficulty undertaking; Example The force required to lift or otherwise handle heavy weights, to push or pull objects that are hard to move, to operate tools that require the use of 2 hands to exert sufficient force but that are designed for one hand or to operate tools that require squeezing of grips that are wide apart.
presence-sensing safeguarding system includes— (a) a sensing system that— (i) is an electro-sensitive or pressure sensitive system that employs optoelectronic or pressure sensitive devices to perform a sensing and control function; or (ii) uses other technologies to perform a sensing and a control function; and (b) the interface between the final switching devices of the sensing system and the machine primary control elements; and (c) the machine stopping capabilities, by which the presence of a person or part of a person within the sensing field will cause the dangerous parts of a machine to be brought to a safe state; r. 1.1.5 prescribed mine has the meaning given by regulation 5.3.3; pressure equipment means boilers, pressure vessels and pressure piping; pressure piping means pressure piping 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, but does not include pressure piping that is regulated under— (a) the Gas Safety Act 1997; or
elevated surface from which he or she may fall; r. 1.1.5 Example A system in which a harness or belt is attached to one or more lanyards, each attached in turn to a static line or anchorage point. trench, in Part 5.1 (Construction), means a horizontal or inclined way or opening commencing at and extending below the surface of the ground and open to the surface along its length, the length of which is greater than its width and greater than or equal to its depth, and is used or to be used for the laying, removal or repair of a pipe or cable; tunnel, in Part 5.1 (Construction), means an underground passage or opening in an approximate horizontal plane and which begins at the surface or from an excavation of any sort; turbine means a rotary motor or engine driven by a flow of water, steam or gas primarily intended for the production of electricity; Type I ingredient, in relation to a hazardous substance, means a Type I ingredient within the meaning of Schedule 1 to the National Model Regulations for the Control of Workplace Hazardous Substances; Type II ingredient, in relation to a hazardous substance, means a Type II ingredient within the meaning of Schedule 1 to the National Model Regulations for the Control of Workplace Hazardous Substances; r. 1.1.5 Type III ingredient, in relation to a hazardous substance, means a Type III ingredient within the meaning of Schedule 1 to the
National Model Regulations for the Control of Workplace Hazardous Substances; type of asbestos-containing material means a description of asbestos-containing material; Example Asbestos-containing cement sheeting, cement pipes, vinyl tiles, sprayed insulation, telecommunications pits and pipes, pipe lagging, millboard and gaskets. unprotected edge means the edge of a surface from which there is a horizontal gap, void or space of more than 300 millimetres and which is not provided with a barrier to prevent a fall; Victoria Police has the same meaning as the force has in the Police Regulation Act 1958; Victoria State Emergency Service means the Service continued by the Emergency Service Act 2005; Victoria State Emergency Service Authority means the Authority established under the Emergency Service Act 2005; wholesaler, in relation to a substance, means a person who supplies that substance for the purpose of re-supply; winder means an electrical or compressed air or hydraulic or other power driven unit, single or multi drum, which by use of ropes, sheave wheels and a shaft conveyance, is used to raise or lower people or materials from level to level and includes a friction winder; r. 1.1.5 work box means a personnel carrying device, designed to be suspended from a crane, to provide a working area for a person elevated by and working from the device;
Parts 5.2 and 5.3 are excluded from the operation of this regulation because they contain more specific requirements in relation to the installation, use and maintenance of risk control measures. 2.1.2 Provision of information, instruction and training (1) If these Regulations require an employer to control any particular risk, the employer must provide each employee of the employer who may be exposed to the risk with sufficient information, instruction and training in relation to the following matters as are necessary to enable the employee to perform his or her work in a manner that is safe and without risks to health— (a) the nature of the hazard giving rise to the risk; and (b) the need for, and the proper use and maintenance of, measures to control the risk. Notes 1 Act compliance—section 21 (see regulation 1.1.7). 2 Section 21 of the Act also places obligations on an employer in relation to supervision. (2) The obligation imposed by subregulation (1) is in addition to any other obligation imposed on the employer by these Regulations in relation to the provision of information, instruction and training. 2.1.3 Medical examinations and health surveillance r. 2.1.3 (1) This regulation applies if, under these Regulations, an employer is required to ensure that an employee is medically examined or that any other form of health surveillance is conducted in relation to an employee. (2) The employer must provide the employee with information about the purpose, and the type or
(2) An employer must ensure that the label on a container in which a hazardous substance is supplied to the employer's workplace— (a) remains legible; and (b) is not removed, defaced or altered. 100 penalty units for a natural person; 500 penalty units for a body corporate. (3) An employer must ensure that if a hazardous substance is decanted into a container at the employer's workplace— (a) the container is clearly labelled with the product name of the substance; or (b) if it is not practical to label the container with the product name of the substance, the employer uses some other means of identifying the substance. 100 penalty units for a natural person; 500 penalty units for a body corporate. (4) An employer is not required to comply with subregulation (3) if a decanted substance is consumed immediately and the container is then immediately— (a) cleaned to the extent that it is not a risk to health; or (b) neutralised, cured or chemically deactivated to the extent that any residue is not a risk to health.
(d) the registration of a major hazard facility under Part 5.2 (Major Hazard Facilities). Division 2—Registration of plant designs 6.2.2 Application for registration of plant design An application for registration of a plant design must— (a) include the information required under regulation 6.2.3; and (b) include any evidence or proof of identity of the applicant required by the Authority; and (c) be accompanied by a fee of $52. 6.2.3 Information to be included in application (1) Without limiting regulation 7.1.1, the Authority may require additional information relating to the design of plant to be included with an application for registration of the plant design. (2) The information required under subregulation (1) may include— (a) the date of the commencement and completion of the design; (b) whether the design is for an alteration to existing plant; (c) whether the registration is the first registration of the design of the plant; (d) the intended primary use and performance capacity of the plant; (e) if known by the designer, the intended manufacturer's name and address;
on and from the commencement day to be taken to be a registration, or renewal of the registration (as the case may be), of the plant under Part 6.2 (Registration) of these Regulations. (6) Regulation 3.5.50 of these Regulations does not apply for 12 months after the commencement day to any plant listed in Part 2 of Schedule 2 to these Regulations that did not require registration under Part 10 of the former Regulations immediately before the commencement day. 8.1.4 Hazardous substances—MSDS r. 8.1.4 If on the commencement day, a manufacturer or importing supplier has a current MSDS that complies with regulation 204(1) of the Occupational Health and Safety (Hazardous Substances) Regulations 1999, that person may continue to provide that current MSDS until 30 June 2008. 8.1.5 Carcinogens licences and notifications (1) In this regulation former Regulations means Occupational Health and Safety (Hazardous Substances) Regulations 1999. (2) If on the commencement day, a person holds a licence granted by the Authority under regulation 405 of the former Regulations, that person may continue to use Schedule 1 carcinogenic substances in a laboratory or Schedule 2 carcinogenic substances in a workplace, in accordance with any conditions attached to the licence, until the licence expires. (3) If on the commencement day, a person holds a confirmation of notification issued by the Authority under regulation 417 of the former Regulations, that person may continue to use Schedule 2 carcinogenic substances in a
1 October 2005–31 December 2005 31 October 2011 1 January 2006–31 March 2006 30 November 2011 1 April 2006–30 June 2006 31 December 2011 1 July 2006–31 August 2006 31 January 2012 1 September 2006–31 October 2006 29 February 2012 1 November 2006–31 December 2006 31 March 2012 1 January 2007–28 February 2007 30 April 2012 1 March 2007–30 April 2007 31 May 2012 1 May 2007–30 June 2007 30 June 2012 r. 8.2.4 8.2.5 Certain certificates continue to have effect until licence decision finally made r. 8.2.5 (1) This regulation applies if— (a) a person applies for a high risk work licence to perform a type of work that he or she is authorised to perform under a certificate of competency; and (b) the licence is not granted on or before that date. (2) The certificate continues to have effect as if it had not expired— (a) until the licence is granted; or (b) if the licence is not granted, and the person does not apply to the Tribunal for a review of the decision in accordance with these Regulations, until 14 days after the date that the person is given written notice of the final decision of the Authority; or
substance calculated as carbon, to the exclusion of any other added substance MATERIAL UN Nos INCLUDED UNDER NAME THRESHOLD QUANTITY (tonnes) ARSENIC PENTOXIDE, Arsenic (V) Acid and other salts 1559 10 ARSENIC TRIOXIDE, Arsenious (III) Acid and other salts 1561 01 ARSINE 2188 001 BROMINE or BROMINE SOLUTIONS 1744 100 CARBON DISULFIDE 1131 200 CHLORINE 1017 25 DIOXINS — 01 ETHYL NITRATE — 50 ETHYLENE DIBROMIDE 1605 50 ETHYLENE OXIDE 1040 50 ETHYLENEIMINE 1185 50 FLUORINE 1045 25 FORMALDEHYDE 1198 2209 50 HYDROFLUORIC ACID SOLUTION (greater than 50%) 1790 50 HYDROGEN 1049 50 HYDROGEN CHLORIDE — Anhydrous — Refrigerated Liquid 1050 2186 250 250 HYDROGEN CYANIDE 1051 1614 20 HYDROGEN FLUORIDE 1052 50
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.
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