Queensland Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 No. 18 - SCHEDULE 1

(1) This Act applies to the storage and handling of dangerous goods even if the dangerous goods are not at a workplace or for use in carrying out work.

(2) For subsection (1)—

(a) a reference in this Act to carrying out work includes a reference to the storage or handling of dangerous goods; and

(b) a reference in this Act to a workplace includes a reference to the premises at or in which the dangerous goods are stored or handled; and

(c) a reference in this Act to work health and safety (however expressed) includes a reference to public health and safety.

(3) This Act applies to the operation or use of high risk plant, affecting public safety, even if the plant is not situated, operated or used at a workplace or for use in carrying out work.

(4) For subsection (3)—

(a) a reference in this Act to carrying out work includes a reference to the operation and use of high risk plant affecting public safety; and

(b) a reference in this Act to a workplace includes a reference to any high risk plant affecting public safety and the premises at or in which the plant is situated or used; and

(c) a reference in this Act to work health and safety (however expressed) includes a reference to public health and safety.

(5) The operation of this section is subject to any exclusions or modifications prescribed under a regulation.

(6) In this section—

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Australian Transport Council, as in force from time to time.

airconditioning unit means a unit of plant that provides airconditioning and that either—

(a) incorporates a cooling tower; or

(b) consists of 1 or more compressors and the power rating required for operation of the airconditioning unit is 50kW or more.

amusement device means a device—

(a) used for commercial purposes; and

(b) used or designed to be used for amusement, games, recreation, sightseeing or entertainment, and on which persons may be carried, raised, lowered or supported by any part of the device (including, for example, any car, carriage, platform, cage, boat, plank, chair, seat or thing) while the part of the device is in motion.

asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock-forming minerals, including the following—

(a) actinolite asbestos;

(b) grunerite (or amosite) (brown) asbestos;

(c) anthophyllite asbestos;

(d) chrysotile (white);

(e) crocidolite (blue);

(f) tremolite asbestos;

(g) a mixture containing 1 or more of the minerals mentioned in paragraphs (a) to (f).

Note—

Paragraphs (a), (b), (c) and (f) mention mineral silicates that use the same mineral term for both the asbestiform and nonasbestiform varieties. The word 'asbestos' has been included when listing these minerals to emphasise that only the asbestiform habit of these minerals is regulated as asbestos.

cooling tower means a device for lowering the temperature of water by evaporative cooling in which atmospheric air passes through sprayed water exchanging heat, and includes a device incorporating a refrigerant or water heat exchanger.

dangerous goods means—

(a) asbestos; or

(b) anything defined under the ADG Code as—

(i) dangerous goods; or

(ii) goods too dangerous to be transported.

escalator means a power driven inclined continuous stairway used for raising or lowering passengers, and includes a moving walkway.

high risk plant means the following—

(a) airconditioning unit;

(b) amusement device;

(c) cooling tower;

(d) escalator;

(e) lift;

(f) LP gas cylinder.

lift means any machinery—

(a) having a platform or cage the direction or movement of which is restricted by a guide or guides; and

(b) used or designed for use for raising or lowering persons, goods or materials (and includes any and all machinery, supports, and enclosures) and all equipment of them (whether or not detachable) used or designed for use for operating a lift.

LP gas cylinder means a cylinder with a water capacity of more than 0.1kg that contains liquefied petroleum gas under pressure.

(1) Subject to subsections (2) and (3), this Act does not apply to—

(a) a coal mine to which the Coal Mining Safety and Health Act 1999 applies; or

(b) a mine to which the Mining and Quarrying Safety and Health Act 1999 applies; or

(c) operating plant, within the meaning of the Petroleum and Gas (Production and Safety) Act 2004, on land the subject of—

(i) a 1923 Act petroleum tenure under the Petroleum Act 1923; or

(ii) a petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004; or

(iii) a GHG authority under the Greenhouse Gas Storage Act 2009; or

(d) a facility or plant used for geothermal exploration, within the meaning of the Geothermal Exploration Act 2004, section 132A(1), if the facility or plant is used for drilling or drilling related purposes.

(2) A regulation under this Act applying in relation to a hazardous chemical applies in relation to the hazardous chemical even though it is at a mine, plant or facility mentioned in subsection (1).

(3) A regulation under this Act applying in relation to a major hazard facility applies in relation to the major hazard facility even though it is, or is at, a mine, plant or facility mentioned in subsection (1).

(4) In this section—

hazardous chemical means a hazardous chemical under a regulation.

major hazard facility means a major hazard facility under a regulation.

(1) This section applies if—

(a) this Act, in the absence of this section, would have application to a matter, relating to the design or construction of proposed operating plant, that impacts on the integrity or safe use of the plant; and

(b) a relevant Act also has application to the matter.

(2) This Act does not have application to the matter to the extent that the relevant Act has application to the matter.

(3) In this section—

operating plant, for application of a relevant Act to a matter, means—

(a) for the Petroleum and Gas (Production and Safety) Act 2004—operating plant within the meaning of that Act; or

(b) for the Geothermal Exploration Act 2004—a facility or plant used for geothermal exploration, within the meaning of section 132A(1) of that Act.

relevant Act means—

(a) the Geothermal Exploration Act 2004; or

(b) the Petroleum and Gas (Production and Safety) Act 2004.

(1) This section applies if—

(a) this Act, in the absence of this section, would have application in particular circumstances; and

(b) the Electrical Safety Act 2002 also has application in the circumstances.

(2) This Act does not have application in the circumstances to the extent that the Electrical Safety Act 2002 has application.

Example for subsection (2)—

Section 19(1) of this Act provides, among other matters, for circumstances in which a duty is imposed on a person who conducts a business or undertaking to ensure, so far as reasonably practicable, the health and safety of workers mentioned in the section while the workers are at work in the business or undertaking.

The Electrical Safety Act 2002, section 30(1), provides for circumstances (the electrical safety circumstances) in which a duty is imposed on that person to ensure the person's business or undertaking is conducted in a way that is electrically safe.

Accordingly, the duty under section 19(1) of this Act to the extent it is mentioned above, that apart from this section would apply to the electrical safety circumstances, does not include a duty to ensure the person's business or undertaking is conducted in a way that is electrically safe.

(1) This section applies if—

(a) this Act, in the absence of this section, would have application in particular circumstances; and

(b) the Transport (Rail Safety) Act 2010, part 3, division 2 also has application in the circumstances.

(2) This Act does not have application in the circumstances to the extent that the Transport (Rail Safety) Act 2010, part 3, division 2 has application.

Note—

See the Transport (Rail Safety) Act 2010, part 2 for an explanation of the operation of that Act and this Act in circumstances in which both that Act and this Act apply.

Example for subsection (2)—

Section 19(1) of this Act provides, among other matters, for circumstances in which a duty is imposed on a person who conducts a business or undertaking to ensure, so far as reasonably practicable, the health and safety of workers mentioned in the section while the workers are at work in the business or undertaking.

The Transport (Rail Safety) Act 2010, part 3, division 2, also provides for circumstances (the rail safety circumstances) in which a duty is imposed on a rail transport operator to ensure, so far as is reasonably practicable, that rail safety is not affected by the carrying out of the operator's prescribed railway operations.

Accordingly, the duty under section 19(1) of this Act to the extent it is mentioned above, that apart from this section, would apply to the rail safety circumstances, does not include a duty to ensure, so far as is reasonably practicable, that rail safety is not affected by the carrying out of the operator's prescribed railway operations.

(1) Subject to divisions 1 to 3, a person on whom a health and safety duty is imposed must discharge the duty even though another Act may prescribe a lesser duty in the same circumstances.

(2) This Act does not limit the following Acts—

(a) the Explosives Act 1999

(b) the Public Safety Preservation Act 1986

(c) the Radiation Safety Act 1999

(d) the Transport Operations (Marine Safety) Act 1994

(e) the Transport Operations (Road Use Management) Act 1995

(3) Subject to subsection (1), to the extent to which an Act mentioned in subsection (2) is inconsistent with this Act, that Act prevails.