New South Wales Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATION 2017 - NOTES

- Made under the Work Health and Safety Act 2011 - As at 7 August 2020 - Reg 404 of 2017

Note to Part 1.1

The numbering of provisions of this Regulation closely corresponds to the same numbering of regulations in model regulations prepared for and approved by the Council of Australian Governments. To maximise uniformity between this Regulation and the model regulations, the numbers of some provisions in the model regulations that are not relevant have not been used in the numbering of provisions of this Regulation, unless required for provisions particular to the State.
Adoption of the numbering of the model regulations also results in alphanumeric numbering (for example, clauses 288A-288D and Schedule 18A) being used to insert further provisions particular to the State.

Note to Part 5.1

If a jurisdiction enacts Schedule 1 of the Act, this Part will extend to plant outside the workplace as provided for in that Schedule.

Note to Division 7

A person with management or control of plant at a workplace is the person conducting a business or undertaking at the workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of
"person with management or control of plant at a workplace" in clause 5(1) and section 21 of the Act.

Note to Subdivision 3

The person with management or control of plant at a workplace is the person conducting a business or undertaking at a workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of
"person with management or control of plant at a workplace" in clause 5(1) and section 21 of the Act.

Note to Part 5.2

1 The person with management or control of plant at a workplace is the person conducting a business or undertaking at a workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of
"person with management or control of plant at a workplace" in clause 5(1) and section 21 of the Act.
2 This Part applies in addition to Part 5.1.
3 In this Part,
"plant" includes a structure (see definition of
"plant" in clause 5(1)).

Note to Part 5.3

In this Part,
"plant" includes a structure (see definition of plant in clause 5(1)).

Note to Part 6.3

As a principal contractor is a person conducting a business or undertaking, this Part also applies to a principal contractor.

Note to Part 7.1

Most of the obligations in this Part apply to persons conducting businesses or undertakings at a workplace. However, some obligations apply to persons in different capacities, for example importers and suppliers of hazardous chemicals.

Note to Subdivision 1

1 A manufacturer or importer of hazardous chemicals may also be a person conducting a business or undertaking at a workplace.
2 A manufacturer or importer is defined in section 23 or 24 of the Act as a person conducting a business or undertaking of manufacturing or importing.

Note to Subdivision 2

1 A supplier of hazardous chemicals may also be a person conducting a business or undertaking at a workplace.
2 A supplier is defined in section 25 of the Act as a person who conducts a business or undertaking of supplying.
3 An operator of a major hazard facility is required to notify certain quantities of hazardous chemicals under Part 9.2.

Note to Subdivision 2

Clause 361 requires an emergency plan to be prepared if the quantity of hazardous chemicals used, handled or stored at a workplace exceeds the manifest quantity for that hazardous chemical.

Note to Part 7.2

In workplaces where lead processes are carried out, this Part applies in addition to Part 7.1.

Note to Part 8.7

In this Part some duties are placed on licensed asbestos removalists and some on asbestos removalists generally.

Note to Part 9.3

1 The operator of a determined major hazard facility is required to comply with this Part for a specified period and to prepare a safety case in order to apply for a major hazard facility licence.
2 The Act and Chapter 7 of this Regulation (Hazardous Chemicals) continue to apply to a determined major hazard facility.

Note to Part 9.4

This Part applies to a major hazard facility that is licensed under Part 9.7.

Note to Chapter 10

Not adopted in NSW. See Work Health and Safety (Mines and Petroleum Sites) Act 2013.

Historical notes

The following abbreviations are used in the Historical notes:

Am amended LW legislation website Sch Schedule
Cl clause No number Schs Schedules
Cll clauses p page Sec section
Div Division pp pages Secs sections
Divs Divisions Reg Regulation Subdiv Subdivision
GG Government Gazette Regs Regulations Subdivs Subdivisions
Ins inserted Rep repealed Subst substituted

Table of amending instruments

Work Health and Safety Regulation 2017 (404). LW 11.8.2017. Date of commencement, 1.9.2017, cl 2. This Regulation has been amended as follows--

2017 (554) Work Health and Safety Amendment (Penalty Notices) Regulation 2017. LW 29.9.2017.
Date of commencement, 1.11.2017, cl 2.
No 50 Health Practitioner Regulation Amendment Act 2017. Assented to 24.10.2017.
Date of commencement of Sch 5.34, 8.1.2018, sec 2 and 2017 (666) LW 1.12.2017.
(691) Work Health and Safety Amendment (Licence Register) Regulation 2017. LW 8.12.2017.
Date of commencement, 29.1.2018, cl 2.
(714) Work Health and Safety Amendment (Miscellaneous) Regulation 2017. LW 15.12.2017.
Date of commencement, 1.1.2018, cl 2.
2018 No 18 Transport Administration Amendment (Sydney Metro) Act 2018. Assented to 23.5.2018.
Date of commencement, 1.7.2018, sec 2 and 2018 (275) LW 22.6.2018.
(338) Work Health and Safety Amendment (Fees) Regulation 2018. LW 29.6.2018.
Date of commencement, 1.7.2018, cl 2.
No 59 Emergency Services Legislation Amendment Act 2018. Assented to 26.10.2018.
Date of commencement of Sch 5, assent, sec 2 (1).
2019 (267) Work Health and Safety Amendment (Fees and Model Laws) Regulation 2019. LW 21.6.2019.
Date of commencement, 1.7.2019, cl 2. Sch 1 [26] was without effect.
(545) Work Health and Safety Amendment (Miscellaneous) Regulation 2019. LW 15.11.2019.
Date of commencement, on publication on LW, cl 2.
(647) Work Health and Safety Amendment (Traffic Control Work Training) Regulation 2019. LW 20.12.2019.
Date of commencement, 1.7.2020, cl 2.
2020 No 3 Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020. Assented to 25.3.2020.
Date of commencement, assent, sec 2.
No 10 Work Health and Safety Amendment (Review) Act 2020. Assented to 10.6.2020.
Date of commencement, assent, sec 2.
(244) Work Health and Safety Amendment (Silica) Regulation 2020. LW 5.6.2020.
Date of commencement, 1.7.2020, cl 2.
(457) Work Health and Safety Amendment (Miscellaneous) Regulation 2020. LW 7.8.2020.
Date of commencement, on publication on LW, cl 2.

Table of amendments

Cl 5 Am 2017 No 50, Sch 5.34; 2017 (714), Sch 1 [1]; 2018 No 18, Sch 2.23; 2019 (267), Sch 1 [1]-[6].
Cl 10 Am 2019 (267), Sch 1 [7].
Cll 96, 98, 127 Am 2019 (267), Sch 1 [8].
Cll 164, 166 Am 2019 (545), Sch 1[1].
Cl 171 Am 2019 (267), Sch 1 [9] [10].
Cl 171A Am 2019 (267), Sch 1 [11] [12].
Cl 173 Am 2019 (267), Sch 1 [13].
Cll 183, 184 Am 2019 (267), Sch 1 [3].
Part 4.9, Div 1 Ins 2019 (647), Sch 1[1].
Cl 184A Ins 2019 (647), Sch 1[1]. Am 2020 (457), Sch 1[1].
Part 4.9, Div 2 Ins 2019 (647), Sch 1[1].
Cll 184B, 184C Ins 2019 (647), Sch 1[1]. Am 2020 (457), Sch 1[2] [3].
Part 4.9, Div 3 (cll 184D-184I) Ins 2019 (647), Sch 1[1].
Part 4.9, Div 4 Ins 2019 (647), Sch 1[1].
Cl 184J Ins 2019 (647), Sch 1[1]. Am 2020 (457), Sch 1[4] [5].
Cl 184K Ins 2019 (647), Sch 1[1]. Am 2020 (457), Sch 1[2] [3].
Part 4.9, Div 5 Ins 2019 (647), Sch 1[1].
Cll 184L, 184M Ins 2019 (647), Sch 1[1].
Cl 184N Ins 2019 (647), Sch 1[1]. Am 2020 (457), Sch 1[6] [7].
Part 4.10 Ins 2020 (244), Sch 1[1].
Cl 184O Ins 2020 (244), Sch 1[1]. Am 2020 (457), Sch 1[5] [8].
Cl 272 Subst 2020 (457), Sch 1[9].
Cl 272A Ins 2020 (457), Sch 1[10].
Cl 279 Am 2020 (457), Sch 1[11].
Cl 288 Am 2019 (267), Sch 1 [8].
Cl 328 Am 2019 (267), Sch 1 [14].
Cl 335 Am 2019 (267), Sch 1 [15]-[17].
Cl 341 Am 2019 (267), Sch 1 [18].
Cl 342 Am 2019 (267), Sch 1 [19] [20].
Cl 348 Am 2018 (338), Sch 1 [1].
Cl 394 Am 2019 (267), Sch 1 [21] [22].
Cl 407 Am 2019 (267), Sch 1 [23].
Cl 415 Am 2019 (267), Sch 1 [24].
Cl 417 Am 2019 (267), Sch 1 [25]; 2019 (545), Sch 1[2].
Part 8.8, heading Am 2019 (267), Sch 1 [27].
Cl 475 Am 2019 (267), Sch 1 [28].
Cl 513 Am 2019 (267), Sch 1 [8].
Cl 527 Subst 2017 (691), Sch 1 [1].
Cl 528 Subst 2017 (691), Sch 1 [2].
Cl 676 Am 2019 (647), Sch 1[2].
Cl 701A Ins 2020 No 3, Sch 1.32.
Cl 702 Am 2017 (714), Sch 1 [2]; 2018 No 59, Sch 5.1; 2019 (545), Sch 1[3].
Cl 702A Am 2017 (714), Sch 1 [3]; 2019 (545), Sch 1[4]; 2020 (457), Sch 1[12] [13].
Cl 702B Ins 2017 (691), Sch 1 [3]. Am 2019 (647), Sch 1[3] [4].
Sch 2 Subst 2018 (338), Sch 1 [2]; 2019 (267), Sch 1 [29]. Am 2019 (647), Sch 1[5].
Sch 3 Am 2019 (267), Sch 1 [30] [31].
Sch 4 Am 2019 (267), Sch 1 [31] [32].
Sch 5 Am 2019 (267), Sch 1 [33] [34]; 2020 (457), Sch 1[14] [15].
Sch 13 Am 2017 (714), Sch 1 [4].
Sch 18A Am 2017 (554), cl 3 (1) (2); 2019 (545), Sch 1[5] [6]; 2019 (647), Sch 1[6] [7]; 2020 (244), Sch 1[2]; 2020 (457), Sch 1[16] [17].
The whole Regulation Am 2020 No 10, Sch 3[1]-[5], respectively ("$6,000", "$30,000", "$18,000", "$3,600", "$1,250" omitted wherever occurring in the penalty provisions. "70 penalty units", "345 penalty units","210 penalty units", "40 penalty units", "15 penalty units" inserted instead, respectively.



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