Version No. 020 Occupational Health and Safety Regulations 2007 S.R. No. 54/2007 Version incorporating amendments as at 3 November 2014 CHAPTER 1—PRELIMINARY 1.1.1 Objectives The objectives of these Regulations are— (a) to further the objects of the Occupational Health and Safety Act 2004 by— (i) providing for health and safety in relation to workplaces and hazards, activities and things at workplaces; and (ii) providing for the safe operation of major hazard facilities and mines in order to reduce the likelihood of a serious incident occurring; and (iii) providing for the registration of certain people engaged in construction work at workplaces; and (iv) providing for the licensing of certain people engaged in high risk work at workplaces; and (v) providing procedures for the resolution of health and safety issues at workplaces; and (vi) specifying the information to be included in entry permits issued under Part 8 of the Act; and
Reg. 1.1.5 def. of carcinogens licence amended by S.R. No. 54/2014 reg. 5(3). carcinogens licence means— (a) a licence to use a Schedule 5A carcinogenic substance at a laboratory; or (b) a licence to use a Schedule 5B carcinogenic substance at a laboratory; or (c) a licence to use a Schedule 5B carcinogenic substance at a workplace other than a laboratory; chemical name, in relation to a substance, means its scientific or technical name; chrysotile-containing material means material that contains chrysotile asbestos; r. 1.1.5 Class A asbestos removal licence means a licence that permits the holder to remove asbestos of any kind as specified in the licence; Class B asbestos removal licence means a licence that allows the holder to remove non-friable asbestos-containing material as specified in the licence; Reg. 1.1.5 def. of competency standard substituted by S.R. No. 54/2014 reg. 5(4). competency standard means a competency standard that is endorsed for the purposes of the National Standard for Licensing Persons Performing High Risk Work published by the Australian Safety and Compensation Council in April 2006; concrete placing unit (truck-mounted with boom) means plant used to place concrete by way of pumping concrete through a pipeline attached to or forming part of a boom and capable of travelling over a supporting surface without the need for fixed runways; containing
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; 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
demolition, in Part 5.1 (Construction), means the complete or partial dismantling of a structure by planned and controlled methods or procedures; domestic premises means domestic premises used solely for domestic purposes; earthmoving machinery means plant used to excavate, load, transport, compact or spread earth, overburden, rubble, spoil, aggregate or similar material, but does not include a tractor or industrial lift truck or a vehicle designed to be used primarily as a means of transport on public roads; r. 1.1.5 emergency procedures, in Part 3.4 (Confined Spaces), means the procedures established by an employer under regulation 3.4.20; emergency service means— (a) the Country Fire Authority; or (b) the Metropolitan Fire and Emergency Services Board; or (c) the Metropolitan Ambulance Service; or (d) Rural Ambulance ; or (e) the Emergency Service Authority; or (f) Victoria Police; emergency service employee means— (a) an officer or member of a metropolitan fire brigade; or (b) an officer or member of an urban fire brigade or rural fire brigade within the meaning of the Country Fire Authority Act 1958; or
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. (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;
industrial robot means plant that is a multifunctional manipulator and its controllers, capable of handling materials, parts or tools, or specialised devices, through variable programmed motions for the performance of a variety of tasks; industrial rope access system means a system designed for the purpose of performing work on a building or structure by a person and consists of— (a) equipment that enables a person to manually raise or lower himself or herself in a harness or seat supported by one or more fibre ropes; and (b) equipment used to anchor the ropes; ingredient means any component of a substance (including impurities); JAS-ANZ means the Joint Accreditation System of Australia and ; r. 1.1.5 laboratory means a building, room or designated area where a scheduled carcinogenic substance is used for— (a) scientific analysis or investigation; or (b) research; or (c) practical teaching; laser means plant that produces a beam of electromagnetic radiation in the wavelength range from 100 nanometres to 1 millimetre and that is used for cutting, alignment, scanning or measurement, but does not include plant that produces light beams at these wavelengths for the primary purpose of illumination;
(b) the C-weighted peak hold sound pressure level reading of 140dB(C) measured in decibels referenced to 20 micropascals at an employee's ear position; r. 1.1.5 object, in Part 3.1 (Manual Handling) and the definition of manual handling, includes an inanimate or animate object, plant and any substance or material contained by an object; occupational health and safety auditor means a person who has the knowledge, experience and skills required for an occupational health and safety auditor under JAS-ANZ Procedure No. 02 Issue No. 2 dated 14 December 2001 General Requirements for Bodies Operating Assessment and Certification of Occupational Health and Safety Management Systems; operator means— (a) in Part 5.2 (Major Hazard Facilities), in relation to a facility, the employer who has management or control of the facility; and (b) in Part 5.3 (Mines), in relation to a mine (including a prescribed mine), the employer who has management or control of the mine; operator protective device includes roll-over protective structure, falling object protective structure, operator restraining device and seat belt; passive fall prevention device means material or equipment, or a combination of material and equipment, that is designed for the purpose of preventing a fall, and that, after initial installation, does not require any ongoing
Rural Ambulance Victoria means the ambulance service created as Rural Ambulance Victoria by Order in Council under section 23 of the Ambulance Services Act 1986, dated 2 February 1999 and published in the Government Gazette on 4 February 1999, pages 212 and 213; safe oxygen level means an oxygen content in air under normal atmospheric pressure that— r. 1.1.5 (a) is equal to or greater than 195% by volume (equivalent to a partial pressure of oxygen of 198 kilopascals); but (b) is equal to or less than 235% by volume (equivalent to a partial pressure of oxygen of 239 kilopascals); Reg. 1.1.5 def. of Safe Work Australia inserted by S.R. No. 54/2014 reg. 5(9). Safe Work Australia means Safe Work Australia established by section 5 of the Safe Work Australia Act 2008 of the Commonwealth; safe work method statement has the meaning given by regulation 5.1.5; Safety Assessment means— (a) in Part 5.2 (Major Hazard Facilities), a Safety Assessment conducted under regulation 5.2.7; or (b) in Part 5.3 (Mines), a Safety Assessment conducted under regulation 5.3.23; Safety Case means a Safety Case prepared or revised under Division 4 of Part 5.2 (Major Hazard Facilities);
Safety Management System means— (a) in Part 5.2 (Major Hazard Facilities), a Safety Management System established under regulation 5.2.5; or (b) in Part 5.3 (Mines), a Safety Management System established under regulation 5.3.21; Reg. 1.1.5 def. of safety phrase amended by S.R. No. 18/2010 reg. 4(e). safety phrase, in relation to a hazardous substance, means a phrase that describes the precautions to be taken for the safe use of the substance— r. 1.1.5 (a) as listed for the substance on the HSIS; or (b) as provided in Appendix III of the Approved Criteria for Classifying Hazardous Substances; or (c) as set out in the precautionary statements in section 2 of Annex 3 of the GHS; scaffold, in Part 3.5 (Plant) and the definition of suspended scaffold, means a temporary structure specifically erected to support access or working platforms; Reg. 1.1.5 def. of Schedule 1 carcinogenic substance substituted 5A carcinogenic substance by S.R. No. 54/2014 reg. 5(10). Schedule 5A carcinogenic substance means a substance (or any of its salts) listed in Schedule 5A used— (a) as a pure substance; or (b) in a mixture containing 01% or more of that substance (or any of its salts), determined as a weight/weight (w/w) concentration for solids or liquids or a volume/volume (v/v) concentration for gases;
(i) the performance of stunt work; or (ii) the performance of acrobatics; or (iii) a theatrical performance; or (iv) a sporting or athletic activity; or (v) the riding of a bicycle, motorcycle or allterrain vehicle; or (vi) horse riding; or (vii) rock climbing, abseiling or any other similar activities; or (b) a task that is undertaken on those parts of a building or structure (including stairs, fixed ladders, ramps and balconies) that (i) comply with any applicable requirements of AS 1657—Fixed platforms, walkways, stairways and ladders—Design, construction and installation; and (ii) comply with any applicable requirements of the Building Regulations 2006; and (iii) are used for the purpose for which they were designed, including for access and egress; or (c) any activity determined by the Authority in accordance with subregulation (2). (2) The Authority may determine an activity to be excluded from the application of this Part if the Authority is satisfied that the activity is of a similar nature to an activity referred to in subregulation (1)(a).
(2) An employer may carry out hazard identification under subregulation (1) for a class of confined space rather than for an individual confined space if— (a) all the confined spaces in the class are similar; and (b) the identification carried out for the class of confined space does not result in any employee being subject to any greater, additional or different risk to health and safety than if the identification were carried out for each individual confined space. 3.4.7 Control of risk (1) An employer must ensure that any risk associated with work in a confined space is eliminated so far as is reasonably practicable. Note Act compliance—sections 21 and 23 (see regulation 1.1.7). (2) If it is not reasonably practicable for an employer to ensure that any risk associated with work in a confined space is eliminated, the employer must reduce that risk so far as is reasonably practicable taking into account the following matters— (a) the nature of the confined space; and (b) if a hazard is associated with the level of oxygen or the level of any contaminant in the atmosphere of the confined space, any change that may occur in the level of oxygen or contaminant; and (c) the work required to be performed in the confined space, the range of methods by which the work can be done and the selected method of working; and
(1) A manufacturer or an importing supplier of a substance must determine whether a substance is a hazardous substance before the substance is first supplied to a workplace. Notes 1 Act compliance—sections 29 and 30 (see regulation 1.1.7). Note 2 to reg. 4.1.4(1) amended by S.R. No. 18/2010 reg. 5. 2 A manufacturer or importing supplier must refer to the HSIS, the Approved Criteria for Classifying Hazardous Substances or the GHS in making this determination: see the definition of hazardous substance in regulation 1.1.5. (2) Subregulation (1) does not apply to a substance if a determination in relation to that substance has already been made under equivalent legislation. Subdivision 3—Material Safety Data Sheet 4.1.5 Preparation of an MSDS (1) A manufacturer or an importing supplier of a hazardous substance must ensure that a Material Safety Data Sheet is prepared in accordance with regulation 4.1.6 before the substance is first supplied to a workplace. Note Act compliance—sections 29 and 30 (see regulation 1.1.7). (2) Subregulation (1) does not apply to a manufacturer or an importing supplier who has already prepared a Material Safety Data Sheet for the substance in accordance with equivalent legislation. Note to reg. 4.1.5(2) inserted by S.R. No. 54/2014 reg. 20. Note An MSDS prepared in accordance with equivalent legislation may be described as a Safety Data Sheet (SDS) under that legislation. 4.1.6 What must an MSDS contain? r. 4.1.6
in the condition of the asbestos and any removal, enclosure or sealing of asbestos. Note Act compliance—sections 21 and 23 (see regulation 1.1.7). (2) If the health and safety representative for an affected designated work group so requests, on reasonable grounds, the employer must review and, if necessary, revise the employer's asbestos register. Note Act compliance—sections 21 and 23 (see regulation 1.1.7). (3) Without limiting subregulations (1) and (2), the employer must ensure that the employer's asbestos register is reviewed and, if necessary, revised at least every 5 years. Notes 1 Act compliance—sections 21 and 23 (see regulation 1.1.7). 2 See also the obligation to review and revise the employer's asbestos register under regulation 4.3.36. 4.3.31 Access to employer's asbestos register r. 4.3.31 An employer must— (a) ensure that a copy of the employer's asbestos register is readily accessible to any employee of the employer; and (b) provide a copy of the employer's asbestos register to— (i) the health and safety representative of an affected designated work group; (ii) an asbestos licence holder who has been engaged to do asbestos removal work;
4.3.102 Uncertainty as to presence of asbestos r. 4.3.102 If there is uncertainty (based on reasonable grounds) as to whether an activity is an activity, the employer must— (a) assume that asbestos is present; or (b) arrange for analysis of a sample to be undertaken. Note Act compliance—sections 21 and 23 (see regulation 1.1.7). 4.3.103 Asbestos register must be obtained (1) If any asbestos-related activities set out in subregulation (2) are carried out at an employer's workplace, the employer must obtain— (a) a copy of the asbestos register in relation to the activities; or (b) if there are other employers at the workplace where the activities are carried out, a copy of the employer's asbestos register of each of those other employers. Note Act compliance—sections 21 and 23 (see regulation 1.1.7). (2) For the purposes of subregulation (1) the relevant asbestos-related activities are— (a) activities specified in paragraphs (d), (g) and (h) of regulation 4.3.100; (b) activities specified in paragraphs (c), (k) and (l) of regulation 4.3.100, if an asbestos register or employer's asbestos register is available. related
5.1.23 Temporary exemption (1) If an employer employs a person to perform construction work, regulations 5.1.20, 5.1.21 and 5.1.22 do not apply for the first 28 consecutive days if— (a) the person employed has not performed construction work in the preceding 2 years; and (b) the employer ensures that an application for the person to undertake construction induction training is made and paid for by the employer before or during that 28 day period. (2) The employer must ensure that the person employed receives— (a) direct supervision; and (b) directions, demonstrations and monitoring— appropriate to the construction work performed by the person, for the 28 day period referred to in subregulation (1), so that, so far as is reasonably practicable, the person can perform the work in a manner that is safe and without risks to health. Note Act compliance—sections 21 and 23 (see regulation 1.1.7). 5.1.24 Offence to refuse to accept construction induction card r. 5.1.23 (1) An employer must not knowingly refuse to accept a current construction induction card from a person as evidence of the registration of that person to perform construction work for the purposes of this Part. 60 penalty units for a natural person; 300 penalty units for a body corporate.
(ii) if a major hazard facility has been determined under regulation 5.2.29, the date on which the determination took effect. (3) The Authority may grant a variation expiring the registration if it is satisfied that the inventory has decreased below the threshold quantity of Schedule 9 materials, is not likely to exceed the threshold quantity of Schedule 9 materials and the facility would not be determined to be a major hazard facility under regulation 5.2.29. 6.2.28 Expiry of registration r. 6.2.28 Registration of a major hazard facility under this Part expires on the registration expiry date unless— (a) a major hazard facility licence is granted, in which case registration expires on the date specified by the licence as the date on which its grant is effective; (b) the Authority decides to refuse to grant a major hazard facility licence and no application is made to the Tribunal for a review of the decision, in which case registration expires on the date specified in the notification of the refusal; (c) the Authority decides to refuse to grant a major hazard facility licence and an application is made to the Tribunal for a review of the decision and that application is refused by the Tribunal, in which case registration expires 30 days after the day on which the decision that results from the review is made. Division 6—Withdrawal of registration
13 The date of any asbestos register or employer's asbestos register used to prepare the asbestos control plan. Sch. 8 __________________ SCHEDULE 9 Sch. 9 Regulation 1.1.5 1 Definitions In this Schedule— Sch. 9 cl. 1 def. of class amended by S.R. No. 18/2010 reg. 9(1)(a). class has the same meaning as in the Dangerous Goods (Transport by Road or Rail) Regulations 2008; Sch. 9 cl. 1 def. of Packing Group amended by S.R. No. 18/2010 reg. 9(1)(b). Packing Group has the same meaning as in the Dangerous Goods (Transport by Road or Rail) Regulations 2008; 2 Relevant materials The materials that characterise a workplace as a facility for the purposes of these Regulations are the materials specifically mentioned in Table 1 and materials that belong to the types, classes and categories mentioned in Table 2. 3 Threshold quantity of one material 3.1 In relation to each material referred to in clause 2, the third column of each Table provides a quantity that is described as the threshold quantity of that material. THRESHOLD
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