WORK HEALTH AND SAFETY REGULATIONS 2012

South Australian Current Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2012

- under the Work Health and Safety Act 2012

TABLE OF PROVISIONS

Chapter 1--Preliminary

PART 1--Introductory matters

1. Short title
3. Authorising provisions
4. Revocation
5. Definitions
6. Determination of safety management system
7. Meaning of person conducting a business or undertaking: persons excluded
8. Meaning of supply
8A. Meaning of emergency services worker
8B. Meaning of dangerous goods
8C. Meaning of high risk plant
8D. Infringement offences
9. Provisions linked to health and safety duties in Act

PART 2--Application

10. Application of Act to dangerous goods and high risk plant
11. Application of these regulations
12. Assessment of risk in relation to a class of hazards, tasks, circumstances or things

PART 3--Incorporated documents

13. Documents incorporated as in force when incorporated
14. Inconsistencies between provisions
15. References to standards

Chapter 2--Representation and participation

PART 1--Representation

Division 1--Work groups

16. Negotiations for and determination of work groups
17. Matters to be taken into account in negotiations

Division 2--Health and safety representatives

18. Procedures for election of health and safety representatives
19. Person conducting business or undertaking must not delay election
20. Removal of health and safety representatives
21. Training for health and safety representatives

PART 2--Issue resolution

22. Agreed procedure--minimum requirements
23. Default procedure

PART 3--Cessation of unsafe work

24. Continuity of engagement of worker

PART 4--Workplace entry by WHS entry permit holders

25. Training requirements for WHS entry permits
26. Form of WHS entry permit
27. Notice of entry--general
28. Additional requirements--entry under section 117
29. Additional requirements--entry under section 120
30. Additional requirements--entry under section 121
31. Register of WHS entry permit holders

Chapter 3--General risk and workplace management

PART 1--Managing risks to health and safety

32. Application of Chapter 3 Part 1
33. Specific requirements must be complied with
34. Duty to identify hazards
35. Managing risks to health and safety
36. Hierarchy of control measures
37. Maintenance of control measures
38. Review of control measures

PART 2--General workplace management

Division 1--Information, training and instruction

39. Provision of information, training and instruction

Division 2--General working environment

40. Duty in relation to general workplace facilities
41. Duty to provide and maintain adequate and accessible facilities

Division 3--First aid

42. Duty to provide first aid

Division 4--Emergency plans

43. Duty to prepare, maintain and implement emergency plan

Division 5--Personal protective equipment

44. Provision to workers and use of personal protective equipment
45. Personal protective equipment used by other persons
46. Duties of worker
47. Duty of person other than worker

Division 6--Remote or isolated work

48. Remote or isolated work

Division 7--Managing risks from airborne contaminants

49. Ensuring exposure standards for substances and mixtures not exceeded
50. Monitoring airborne contaminant levels

Division 8--Hazardous atmospheres

51. Managing risks to health and safety
52. Ignition sources

Division 9--Storage of flammable or combustible substances

53. Flammable and combustible material not to be accumulated

Division 10--Falling objects

54. Management of risk of falling objects
55. Minimising risk associated with falling objects

Division 11--Psychosocial risks

55A. Meaning of psychosocial hazard
55B. Meaning of psychosocial risk
55C. Managing psychosocial risks
55D. Control measures

Chapter 4--Hazardous work

PART 1--Noise

56. Meaning of exposure standard for noise
57. Managing risk of hearing loss from noise
58. Audiometric testing
59. Duties of designers, manufacturers, importers and suppliers of plant

PART 2--Hazardous manual tasks

60. Managing risks to health and safety
61. Duties of designers, manufacturers, importers and suppliers of plant or structures

PART 3--Confined spaces

Division 1--Preliminary

62. Confined spaces to which this Part applies
63. Application to emergency service workers

Division 2--Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure

64. Duty to eliminate or minimise risk

Division 3--Duties of person conducting business or undertaking

65. Entry into confined space must comply with this Division
66. Managing risks to health and safety
67. Confined space entry permit
68. Signage
69. Communication and safety monitoring
70. Specific control--connected plant and services
71. Specific control--atmosphere
72. Specific control--flammable gases and vapours
73. Specific control--fire and explosion
74. Emergency procedures
75. Personal protective equipment in emergencies
76. Information, training and instruction for workers
77. Confined space entry permit and risk assessment must be kept

PART 4--Falls

78. Management of risk of fall
79. Specific requirements to minimise risk of fall
80. Emergency and rescue procedures

PART 5--High risk work

Division 1--Licensing of high risk work

Subdivision 1--Requirement to be licensed

81. Licence required to carry out high risk work
82. Exceptions
83. Recognition of high risk work licences in other jurisdictions
84. Duty of person conducting business or undertaking to ensure direct supervision
85. Evidence of licence--duty of person conducting business or undertaking

Subdivision 2--Licensing process

86. Who may apply for a licence
87. Application for high risk work licence
88. Additional information
89. Decision on application
90. Matters to be taken into account
91. Refusal to grant high risk work licence--process
91A. Conditions of licence
92. Duration of licence
93. Licence document
94. Licence document to be available
95. Reassessment of competency of licence holder

Subdivision 3--Amendment of licence document

96. Notice of change of address
97. Licence holder to return licence
98. Replacement licence document
99. Voluntary surrender of licence

Subdivision 4--Renewal of high risk work licence

100. Regulator may renew licence
101. Application for renewal
102. Licence continues in force until application is decided
103. Renewal of expired licence
104. Provisions relating to renewal of licence
105. Status of licence during review

Subdivision 5--Suspension and cancellation of high risk work licence

106. Suspension or cancellation of licence
107. Matters taken into account
108. Notice to and submissions by licence holder
109. Notice of decision
110. Immediate suspension
111. Licence holder to return licence document
112. Regulator to return licence document after suspension

Division 2--Accreditation of assessors

Subdivision 1--Requirement to be accredited

113. Accreditation required to assess competency for high risk work licence
114. Accredited assessor must act in accordance with accreditation

Subdivision 2--Accreditation process

115. Regulator may accredit assessors
116. Application for accreditation
117. Additional information
118. Decision on application
119. Matters to be taken into account
120. Refusal to grant accreditation--process
121. Conditions of accreditation
122. Duration of accreditation
123. Accreditation document
124. Accreditation document to be available

Subdivision 3--Amendment of accreditation document

125. Changes to information
126. Accredited assessor to return accreditation document
127. Replacement accreditation document
128. Voluntary surrender of accreditation

Subdivision 4--Renewal of accreditation

129. Regulator may renew accreditation
130. Application for renewal
131. Accreditation continues in force until application is decided
132. Provisions relating to application

Subdivision 5--Suspension and cancellation

133. Regulator may suspend or cancel accreditation
134. Suspension or cancellation of accreditation
135. Matters to be taken into account
136. Notice to and submissions by accredited assessor
137. Notice of decision
138. Immediate suspension
139. Accredited assessor to return accreditation document
140. Regulator to return accreditation document after suspension

Subdivision 6--Agreements with RTOs

141. Regulator may enter into agreement with RTO

PART 6--Demolition work

Division 1--Notice of demolition work

142. Notice of demolition work

Division 2--Approval to carry out demolition work

143. Demolition work required to be licensed
143A. Approval to carry out certain demolition work

PART 7--General electrical safety in workplaces and energised electrical work

Division 1--Preliminary

144. Meaning of electrical equipment
145. Meaning of electrical installation
146. Meaning of electrical work

Division 2--General risk management

147. Risk management

Division 3--Electrical equipment and electrical installations

148. Electrical equipment and electrical installations to which this Division applies
149. Unsafe electrical equipment
150. Inspection and testing of electrical equipment
151. Untested electrical equipment not to be used

Division 4--Electrical work on energised electrical equipment

152. Application of Division 4
153. Persons conducting a business or undertaking to which this Division applies
154. Electrical work on energised electrical equipment--prohibited
155. Duty to determine whether equipment is energised
156. De-energised equipment must not be inadvertently re-energised
157. Electrical work on energised electrical equipment--when permitted
158. Preliminary steps
159. Unauthorised access to equipment being worked on
160. Contact with equipment being worked on
161. How the work is to be carried out
162. Record keeping

Division 5--Electrical equipment and installations and construction work--additional duties

163. Duty of person conducting business or undertaking

Division 6--Residual current devices

164. Use of socket outlets in hostile operating environment
165. Testing of residual current devices

Division 7--Overhead and underground electric lines

166. Duty of person conducting a business or undertaking

PART 8--Diving work

Division 1--Preliminary

167. Purpose of Chapter 4 Part 8

Division 2--General diving work--Fitness and competence of worker

168. Person conducting business or undertaking must ensure fitness of workers
169. Certificate of medical fitness
170. Duty to keep certificate of medical fitness
171. Competence of worker--general diving work--qualifications
171A. Competence of worker--general diving work--knowledge and skill
172. Competence of worker--incidental diving work
173. Competence of worker--limited scientific diving work
174. Competence of competent person supervising general diving work
175. Evidence of competence--duty of person conducting business or undertaking

Division 3--Managing risks--general diving work

176. Management of risks to health and safety
177. Appointment of competent person to supervise diving work
178. Additional control--dive plan
179. Dive plan must be complied with
180. Additional control--dive safety log to be kept
181. Use of dive safety log
182. Record keeping

Division 4--High risk diving work

183. Duties of person conducting business or undertaking
184. Duty of worker--competence

Chapter 5--Plant and structures

PART 1--General duties for plant and structures

Division 1--Preliminary

185. Application of Chapter 5 Part 1 to plant
186. Application of Chapter 5
PART 1 to structures

Division 2--Duties of persons conducting businesses or undertakings that design plant

187. Provision of information to manufacturer
188. Hazard identified in design during manufacture
189. Guarding
190. Operational controls
191. Emergency stop controls
192. Warning devices

Division 3--Duties of persons conducting businesses or undertakings that manufacture plant

193. Control of risk
194. Guarding
195. Information must be obtained and provided

Division 4--Duties of persons conducting businesses or undertakings that import plant

196. Information to be obtained and provided by importer
197. Control of risk

Division 5--Duties of persons conducting businesses or undertakings that supply plant

198. Information to be obtained and provided by supplier
199. Supply of second-hand plant--duties of supplier
200. Second-hand plant to be used for scrap or spare parts

Division 6--Duties of persons conducting businesses or undertakings that install, construct or commission plant or structures

201. Duties of persons conducting businesses or undertakings that install, construct or commission plant
202. Duties of persons conducting businesses or undertakings that install, construct or commission structures

Division 7--General duties of a person conducting a business or undertaking involving the management or control of plant

Subdivision 1--Management of risks

203. Management of risks to health and safety

Subdivision 2--Additional control measures for general plant

204. Control of risks arising from installation or commissioning
205. Preventing unauthorised alterations to or interference with plant
206. Proper use of plant and controls
207. Plant not in use
208. Guarding
209. Guarding and insulation from heat and cold
210. Operational controls
211. Emergency stops
212. Warning devices
213. Maintenance and inspection of plant

Subdivision 3--Additional control measures for certain plant

214. Powered mobile plant--general control of risk
215. Powered mobile plant--specific control measures
216. Roll-over protection on tractors
218. Industrial lift trucks
219. Plant that lifts or suspends loads
220. Exception--Plant not specifically designed to lift or suspend a person
221. Plant used in connection with tree lopping
222. Industrial robots
223. Lasers
224. Pressure equipment
225. Scaffolds
226. Plant with presence-sensing safeguarding system--records

PART 2--Additional duties relating to registered plant and plant designs

Division 1--Application of Chapter 5
PART 2

227. Application of Chapter 5 Part 2

Division 2--Duty of person conducting a business or undertaking who designs plant to record plant design

228. Records and information
229. Record of standards or engineering principles used
230. Records to be available for inspection

Division 3--Duties of a person conducting a business or undertaking

231. Duty of persons conducting businesses or undertakings that manufacture plant
232. Duty of persons conducting businesses or undertakings that import plant
233. Duty of persons conducting businesses or undertakings that supply plant
234. Duty of persons conducting businesses or undertakings that commission plant

Division 4--Duties of a person conducting a business or undertaking involving the management or control of plant

Subdivision 1--Control measures for registered plant

235. Major inspection of registered mobile cranes and tower cranes
236. Lifts
237. Records of plant

Subdivision 2--Control measures for amusement devices and passenger ropeways

238. Operation of amusement devices and passenger ropeways
239. Storage of amusement devices and passenger ropeways
240. Maintenance, inspection and testing of amusement devices and passenger ropeways
241. Annual inspection of amusement devices and passenger ropeways
242. Log book and manuals for amusement devices

PART 3--Registration of plant designs and items of plant

Division 1--Plant designs to be registered

243. Plant design to be registered
244. Altered plant designs to be registered
245. Recognition of designs registered by corresponding regulator

Division 2--Items of plant to be registered

246. Items of plant to be registered
247. Recognition of plant registered by corresponding regulator

Division 3--Registration process for plant designs

248. Application of Division 3
249. Who can apply to register a plant design
250. Application for registration
251. Design verification statement
252. Who can be the design verifier
253. Duty of design verifier
254. Design verification statements not to be made in certain circumstances
255. Additional information
256. Decision on application
257. Refusal of registration--process
258. Conditions of registration
259. Duration of registration of plant design
260. Plant design registration number
261. Registration document
262. Registration document to be available
263. Disclosure of design information

Division 4--Registration process for an item of plant

264. Application of Division 4
265. Who can apply to register an item of plant
266. Application for registration
267. When is a person competent to inspect plant
268. Additional information
269. Decision on application
270. Refusal of registration--process
271. Conditions of registration
272. Duration of registration
273. Plant registration number
274. Registration document
275. Registration document to be available
276. Regulator may renew registration
277. Application for renewal
278. Registration continues in force until application is decided
279. Decision on application
280. Status of registration during review

Division 5--Changes to registration and registration documents

281. Application of Division
282. Changes to information
283. Amendment of registration imposed by regulator
284. Amendment on application by registration holder
285. Minor corrections to registration
286. Regulator to give amended registration document
287. Registration holder to return registration document
288. Replacement registration document

Division 6--Cancellation of registration

288A. Application of Division
288B. Regulator may cancel registration
288C. Cancellation process
288D. Registration holder to return registration document

Chapter 6--Construction work

PART 1--Preliminary

289. Meaning of construction work
290. Meaning of structure
291. Meaning of high risk construction work
292. Meaning of construction project
293. Meaning of principal contractor

PART 2--Duties of designer of structure and person who commissions construction work

294. Person who commissions work must consult with designer
295. Designer must give safety report to person who commissions design
296. Person who commissions project must give information to principal contractor

PART 3--Duties of person conducting business or undertaking

Division 1--General

297. Management of risks to health and safety
298. Security of workplace

Division 2--High risk construction work--safe work method statements

299. Safe work method statement required for high risk construction work
300. Compliance with safe work method statement
301. Safe work method statement--copy to be given to principal contractor
302. Review of safe work method statement
303. Safe work method statement must be kept

Division 3--Excavation work

304. Excavation work--underground essential services information
305. Management of risks to health and safety associated with excavation work
306. Additional controls--trenches

PART 4--Additional duties of principal contractor

307. Application of Chapter 6
PART 4
308. Specific control measure--signage identifying principal contractor
309. WHS management plan--preparation
310. WHS management plan--duty to inform
311. WHS management plan--review
312. High risk construction work--safe work method statements
313. Copy of WHS management plan must be kept
314. Further health and safety duties--specific regulations
315. Further health and safety duties--specific risks

PART 5--General construction induction training

Division 1--General construction induction training requirements

316. Duty to provide general construction induction training
317. Duty to ensure worker has been trained
318. Recognition of general construction induction training cards issued in other jurisdictions

Division 2--General construction induction training cards

319. Issue of card
320. Content of card
321. Replacement card
322. Refusal to issue or replace card
323. Cancellation of card--grounds
324. Cancellation of card--process
325. RTO may enter agreement to issue cards

Division 3--Duties of workers

326. Duties of workers
327. Alteration of general construction induction training card

Chapter 7--Hazardous chemicals

PART 1--Hazardous chemicals

Division 1--Application of Chapter 7
PART 1

328. Application of Chapter 7 Part 1

Division 2--Obligations relating to safety data sheets and other matters

Subdivision 1--Obligations of manufacturers and importers

329. Classification of hazardous chemicals
330. Manufacturer or importer to prepare and provide safety data sheets
331. Safety data sheets--research chemical, waste product or sample for analysis
332. Emergency disclosure of chemical identities to registered medical practitioner
333. Emergency disclosure of chemical identities to emergency service worker
334. Packing hazardous chemicals
335. Labelling hazardous chemicals

Subdivision 2--Obligations of suppliers

336. Restriction on age of person who can supply hazardous chemicals
337. Retailer or supplier packing hazardous chemicals
338. Supplier labelling hazardous chemicals
339. Supplier to provide safety data sheets
340. Supply of prohibited and restricted carcinogens

Subdivision 3--Obligations of persons conducting businesses or undertakings

341. Labelling hazardous chemicals--general requirement
342. Labelling hazardous chemicals--containers
343. Labelling hazardous chemicals--pipe work
344. Person conducting business or undertaking to obtain and give access to safety data sheets
345. Changes to safety data sheets

Division 3--Register and manifest of hazardous chemicals

Subdivision 1--Hazardous chemicals register

346. Hazardous chemicals register

Subdivision 2--Manifest of Schedule 11 hazardous chemicals

347. Manifest of hazardous chemicals

Division 4--Placards

349. Outer warning placards--requirement to display
350. Placard--requirement to display

Division 5--Control of risk--obligations of persons conducting businesses or undertakings

Subdivision 1--General obligations relating to management of risk

351. Management of risks to health or safety
352. Review of control measures
353. Safety signs
354. Identification of risk of physical or chemical reaction
355. Specific control--fire and explosion
356. Keeping hazardous chemicals stable

Subdivision 2--Spills and damage

357. Containing and managing spills
358. Protecting hazardous chemicals from damage

Subdivision 3--Emergency plans and safety equipment

359. Fire protection and firefighting equipment
360. Emergency equipment
361. Emergency plans
362. Safety equipment

Subdivision 4--Storage and handling systems

363. Control of risks from storage or handling systems
364. Containers for hazardous chemicals used, handled or stored in bulk
365. Stopping use and disposing of handling systems
366. Stopping use of underground storage and handling systems
367. Notification of abandoned tank

Division 6--Health monitoring

368. Duty to provide health monitoring
369. Duty to inform of health monitoring
370. Duty to ensure that appropriate health monitoring is provided
371. Duty to ensure health monitoring is supervised by registered medical practitioner with experience
372. Duty to pay costs of health monitoring
373. Information that must be provided to registered medical practitioner
374. Duty to obtain health monitoring report
375. Duty to give health monitoring report to worker
376. Duty to give health monitoring report to regulator
377. Duty to give health monitoring report to relevant persons conducting businesses or undertakings
378. Health monitoring records

Division 7--Induction, information, training and supervision

379. Duty to provide supervision

Division 8--Prohibition, authorisation and restricted use

380. Using, handling and storing prohibited carcinogens
381. Using, handling and storing restricted carcinogens
382. Using, handling and storing restricted hazardous chemicals
383. Application for authorisation to use, handle or store prohibited and restricted carcinogens
384. Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens
385. Changes to information in application to be reported
386. Regulator may cancel authorisation
387. Statement of exposure to be given to workers
388. Records to be kept

Division 9--Pipelines

389. Management of risk by pipeline owner
390. Pipeline builder's duties
391. Management of risks to health and safety by pipeline operator

PART 2--Lead

Division 1--Lead process

392. Meaning of lead process
393. Regulator may decide lead process
394. Meaning of lead risk work
395. Duty to give information about health risks of lead process

Division 2--Control of risk

396. Containment of lead contamination
397. Cleaning methods
398. Prohibition on eating, drinking and smoking
399. Provision of changing and washing facilities
400. Laundering, disposal and removal of personal protective equipment
401. Review of control measures

Division 3--Lead risk work

402. Identifying lead risk work
403. Notification of lead risk work
404. Changes to information in notification of lead risk work

Division 4--Health monitoring

405. Duty to provide health monitoring before first commencing lead risk work
406. Duty to ensure that appropriate health monitoring is provided
407. Frequency of biological monitoring
408. Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience
409. Duty to pay costs of health monitoring
410. Information that must be provided to registered medical practitioner
411. Duty to obtain health monitoring report
412. Duty to give health monitoring report to worker
413. Duty to give health monitoring report to regulator
414. Duty to give health monitoring report to relevant persons conducting businesses or undertakings
415. Removal of worker from lead risk work
416. Duty to ensure medical examination if worker removed from lead risk work
417. Return to lead risk work after removal
418. Health monitoring records

Chapter 8--Asbestos

PART 1--Prohibitions and authorised conduct

419. Work involving asbestos or ACM--prohibitions and exceptions

PART 2--General duty

420. Exposure to airborne asbestos at workplace

PART 3--Management of asbestos and associated risks

421. Application of Chapter 8 Part 3
422. Asbestos to be identified or assumed at workplace
423. Analysis of sample
424. Presence and location of asbestos to be indicated
425. Asbestos register
426. Review of asbestos register
427. Access to asbestos register
428. Transfer of asbestos register by person relinquishing management or control
429. Asbestos management plan
430. Review of asbestos management plan

PART 4--Management of naturally occurring asbestos

431. Naturally occurring asbestos
432. Asbestos management plan
433. Review of asbestos management plan
434. Training in relation to naturally occurring asbestos

PART 5--Asbestos at the workplace

Division 1--Health monitoring

435. Duty to provide health monitoring
436. Duty to ensure that appropriate health monitoring is provided
437. Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience
438. Duty to pay costs of health monitoring
439. Information that must be provided to registered medical practitioner
440. Duty to obtain health monitoring report
441. Duty to give health monitoring report to worker
442. Duty to give health monitoring report to regulator
443. Duty to give health monitoring report to relevant persons conducting businesses or undertakings
444. Health monitoring records

Division 2--Training

445. Duty to train workers about asbestos

Division 3--Control on use of certain equipment

446. Duty to limit use of equipment

PART 6--Demolition and refurbishment

447. Application--Chapter 8
PART 6
448. Review of asbestos register
449. Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment
450. Duty to obtain asbestos register
451. Determining presence of asbestos or ACM
452. Identification and removal of asbestos before demolition
453. Identification and removal of asbestos before demolition of residential premises
454. Emergency procedure
455. Emergency procedure--residential premises
456. Identification and removal of asbestos before refurbishment
457. Refurbishment of residential premises

PART 7--Asbestos removal work

458. Duty to ensure asbestos removalist is licensed
459. Asbestos removal supervisor must be present or readily available
460. Asbestos removal worker must be trained
461. Licensed asbestos removalist must keep training records
462. Duty to give information about health risks of licensed asbestos removal work
463. Asbestos removalist must obtain register
464. Asbestos removal control plan
465. Asbestos removal control plan to be kept and available
466. Regulator must be notified of asbestos removal
467. Licensed asbestos removalist must inform certain persons about intended asbestos removal work
468. Person with management or control of workplace must inform persons about asbestos removal work
469. Signage and barricades for asbestos removal work
470. Limiting access to asbestos removal area
471. Decontamination facilities
472. Disposing of asbestos waste and contaminated personal protective equipment
473. Clearance inspection
474. Clearance certificates

PART 8--Asbestos removal requiring asbestos removal licence

475. Air monitoring--asbestos removal requiring asbestos removal licence
476. Action if respirable asbestos fibre level too high
477. Removing friable asbestos

PART 9--Asbestos-related work

478. Application of Chapter 8 Part 9
479. Uncertainty as to presence of asbestos
480. Duty to give information about health risks of asbestos-related work
481. Asbestos-related work to be in separate area
482. Air monitoring
483. Decontamination facilities
484. Disposing of asbestos waste and contaminated personal protective equipment

PART 10--Licensing of asbestos removalists and asbestos assessors

Division 1--Asbestos removalists--requirement to be licensed

485. Requirement to hold Class A asbestos removal licence
486. Exception to requirement to hold Class A asbestos removal licence
487. Requirement to hold Class B asbestos removal licence
488. Recognition of asbestos removal licences in other jurisdictions

Division 2--Asbestos assessors--requirement to be licensed

489. Requirement to hold asbestos assessor licence
490. Recognition of asbestos assessor licences in other jurisdictions

Division 3--Licensing process

491. Who may apply for a licence
492. Application for asbestos removal licence or asbestos assessor licence
493. Content of application--Class A asbestos removal licence
494. Content of application--Class B asbestos removal licence
495. Content of application--asbestos assessor licence
496. Additional information
497. Decision on application
498. Class A asbestos removal licence--regulator to be satisfied about additional matters
499. Class B asbestos removal licence--regulator to be satisfied about additional matters
500. Matters to be taken into account
501. Refusal to grant licence--process
502. Conditions of licence
503. Duration of licence
504. Licence document
505. Licence document to be available

Division 4--Amendment of licence and licence document

506. Changes to information
507. Change to nominated supervisor
508. Amendment imposed by regulator
509. Amendment on application by licence holder
510. Minor corrections to licence
511. Regulator to give amended licence to the licence holder
512. Licence holder to return licence
513. Replacement licence document
514. Voluntary surrender of licence

Division 5--Renewal of licence

515. Regulator may renew licence
516. Application for renewal
517. Provisions relating to renewal of licence
518. Renewal of asbestos removal licence--regulator to be satisfied about certain matters
519. Status of licence during review

Division 6--Suspension and cancellation of licence

520. Suspension or cancellation of licence
521. Matters taken into account
522. Notice to and submissions by licence holder
523. Notice of decision
524. Immediate suspension
525. Licence holder to return licence document
526. Regulator to return licence document after suspension

Division 7--General

527. Asbestos removal licence register
528. Asbestos assessors register
529. Work must be supervised by named supervisor

Chapter 8A--Crystalline silica

PART 1--Preliminary

529A. Meaning of processing in relation to crystalline silica substances and related terms
529B. When processing of CSS is controlled
529C. Duty for processing of CSS to be controlled
529CA. Identifying processing of CSS that is high risk
529CB. Silica risk control plan required for processing of CSS that is high risk
529CC. Compliance with silica risk control plan
529CD. Duty to train workers about risks of crystalline silica
529CE. Monitoring in relation to processing of CSS that is high risk

PART 2--Work involving engineered stone benchtops, panels or slabs

529D. Work involving engineered stone benchtops, panels or slabs--prohibition
529E. Work involving engineered stone benchtops, panels or slabs--exception for particular supply and installation
529F. Work involving engineered stone benchtops, panels or slabs--exception for particular processing

PART 3--Regulator to be notified of particular processing of engineered stone

529G. Notification of particular processing of engineered stone
529H. Notification of change in information given under Part 3
529I. Notification that work continues 12 months after last notice given under Part 3
529J. Duty to keep notice given under Part 3

Chapter 9--Major hazard facilities

PART 1--Preliminary

Division 1--Application and interpretation

530. This Chapter does not apply to certain facilities
531. Meaning of major incident
532. Meaning of hazardous chemicals that are present or likely to be present
533. Meaning of operator of a facility or proposed facility
534. Meaning of modification of a facility

Division 2--Requirement to be licensed

535. A major hazard facility must be licensed

PART 2--Determinations about major hazard facilities

536. Operators of certain facilities must notify regulator
537. Notification--proposed facilities
538. Content of notification
539. When regulator may conduct inquiry
540. Inquiry procedure
541. Determination in relation to facility, on inquiry
542. Determination in relation to over-threshold facility
543. Suitability of facility operator
544. Conditions on determination of major hazard facility
545. Notice and effect of determinations
546. When regulator may revoke a determination
547. Re-notification if quantity of Schedule 15 chemicals increases
548. Notification by new operator
549. Time in which major hazard facility licence must be applied for

PART 3--Duties of operators of determined major hazard facilities

Division 1--Application of Chapter 9
PART 3

550. Application of Chapter 9 Part 3

Division 2--Safety case outline

551. Safety case outline must be provided
552. Content
553. Alteration

Division 3--Management of risk

554. Identification of major incidents and major incident hazards
555. Safety assessment
556. Control of risk
557. Emergency plan
558. Safety management system
559. Review of risk management

Division 4--Safety case

560. Safety case must be provided
561. Content
562. Co-ordination for multiple facilities
563. Review

PART 4--Licensed major hazard facilities--risk management

564. Identification of major incidents and major incident hazards
565. Safety assessment
566. Control of risk
567. Emergency plan
568. Safety management system
569. Review of risk management
570. Safety case--review
571. Information for visitors
572. Information for local community--general
573. Information for local community--major incident

PART 5--Consultation and workers' safety role

574. Safety role for workers
575. Operator of major hazard facility must consult with workers

PART 6--Duties of workers at licensed major hazard facilities

576. Duties

PART 7--Licensing of major hazard facilities

Division 1--Licensing process

577. Who may apply for a licence
578. Application for major hazard facility licence
579. Additional information
580. Decision on application
581. Matters to be taken into account
582. When decision is to be made
583. Refusal to grant major hazard facility licence--process
584. Conditions of licence
585. Duration of licence
585A. Annual fee
586. Licence document
587. Licence document to be available

Division 2--Amendment of licence and licence document

588. Changes to information
589. Amendment imposed by regulator
590. Amendment on application by operator
591. Minor corrections to major hazard facility licence
592. Regulator to give amended licence document to operator
593. Operator to return licence
594. Replacement licence document

Division 3--Renewal of major hazard facility licence

595. Regulator may renew licence
596. Application for renewal
597. Licence continues in force until application is decided
598. Provisions relating to renewal of licence
599. Status of major hazard facility licence during review

Division 4--Transfer of major hazard facility licence

600. Transfer of major hazard facility licence

Division 5--Suspension and cancellation of major hazard facility licence

601. Cancellation of major hazard facility licence--on operator's application
602. Suspension or cancellation of licence--on regulator's initiative
603. Matters to be taken into account
604. Notice to and submissions by operator
605. Notice of decision
606. Immediate suspension
607. Operator to return licence document
608. Regulator to return licence document after suspension

Chapter 10--Mines

PART 1--Preliminary

609. Meaning of mine
610. Meaning of mining operations
611. Meaning of mineral
612. Meaning of principal mining hazard
613. Meaning of mine operator
614. Meaning of mine holder
614A. Application of Chapter 9
615. Appointment of mine operator
615A. Duty to appoint mine manager
616. Notification of mine operator to regulator

PART 2--Managing Risks

Division 1--General requirements

Subdivision 1--Control of risk

617. Managing risks to health and safety
618. Review of control measures
619. Record of certain reviews of control measures--mine operator
620. Record of certain reviews of control measures--other persons conducting a business or undertaking

Subdivision 2--Safety management system

621. Duty to establish and implement safety management system
622. Content of safety management system
623. Performance standards and audit
624. Maintenance
625. Review

Subdivision 3--Information to adjoining mine operators

626. Duty to provide information to mine operator of adjoining mine

Division 2--Principal mining hazard management plans

627. Identification of principal mining hazards and conduct of risk assessments
628. Preparation of principal mining hazard management plan
629. Review

Division 3--Specific control measures--all mines

Subdivision 1--Operational controls

630. Communication between outgoing and incoming shifts
631. Movement of mobile plant
632. Prohibited uses
633. Closure, suspension or abandonment of mine
634. Minimum age to work in mine

Subdivision 2--Air quality and monitoring

635. Temperature and moisture content of air
636. Ensuring exposure standards for dust not exceeded
637. Monitoring exposure to airborne dust
638. Air monitoring--use of devices
639. Air monitoring--signage

Subdivision 3--Fitness for work

640. Fatigue
641. Alcohol and drugs

Division 4--Specific control measures--underground mines

Subdivision 1--All underground mines--operational controls

642. Inrush hazards
643. Connecting workings
644. Winding systems
645. Operation of shaft conveyances
646. Dust explosion

Subdivision 2--All underground mines--air quality and ventilation

647. Air quality--airborne contaminants
648. Air quality--minimum standards for ventilated air
649. Air monitoring--air quality
650. Requirements if air quality requirements and exposure standards not complied with
651. Records of air monitoring
652. Ventilation system--further requirements
653. Monitoring and testing of ventilation system
654. Duty to prepare ventilation control plan
655. Review of ventilation control plan
656. Ventilation plan

Subdivision 3--Underground coal mines

Division 5--Emergency management

Subdivision 1--Emergency plans for all mines

664. Duty to prepare emergency plan
665. Consultation in preparation of emergency plan
666. Implementation of emergency plan
667. Copies to be kept and provided
668. Resources for emergency plan
669. Testing of emergency plan
670. Review

Subdivision 2--Underground mines

671. Emergency exits
672. Safe escape and refuge
673. Signage for refuges
674. Self-rescuers
675. Personal protective equipment in emergencies

Division 6--Information, training and instruction

675A. Duty to inform workers about safety management system
675B. Duty to provide information, training and instruction
675C. Information for visitors
675D. Review of information, training and instruction
675E. Record of training

PART 3--Health Monitoring

675F. Health monitoring of worker
675G. Duty to inform of health monitoring
675H. Duty to ensure health monitoring is carried out or supervised by registered medical practitioner with experience
675I. Duty to pay costs of health monitoring
675J. Duty to provide registered medical practitioner with information
675K. Health monitoring report
675L. Person conducting business or undertaking to obtain health monitoring report
675M. Person conducting business or undertaking to give health monitoring report to mine operator of mine
675N. Duty to give health monitoring report to worker
675O. Duty to give health monitoring report to regulator
675P. Health monitoring reports kept as records

PART 4--Consultation and Workers' Safety Role

675Q. Safety role for workers in relation to principal mining hazards
675R. Mine operator must consult with workers

PART 5--Mine Survey Plans

675S. Survey plan of mine must be prepared
675T. Review of survey plan
675U. Survey plan to be available

PART 6--Provision of information to regulator

675V. Duty to notify regulator of certain incidents
675W. Quarterly reports
675X. Duty to notify mine operator of notifiable incidents

PART 7--Mine Record

675Y. Mine record
675Z. Mine record must be kept and available

Chapter 11--General

PART 1--Review of decisions under these regulations

Division 1--Reviewable decisions

676. Which decisions under these regulations are reviewable

Division 2--Internal review

677. Application
678. Application for internal review
679. Internal reviewer
680. Decision of internal reviewer
681. Decision on internal review
682. Internal review--reviewable decision continues

Division 3--External review

683. Application for external review

PART 2--Exemptions

Division 1--General

684. General power to grant exemptions
685. Matters to be considered in granting exemptions

Division 2--High risk work licences

686. High risk work licence--exemption
687. High risk work licence--regulator to be satisfied about certain matters

Division 3--Major hazard facilities

688. Major hazard facility--exemption
689. Major hazard facility--regulator to be satisfied about certain matters

Division 3A--Engineered stone

689A. Engineered stone--exemption
689B. Engineered stone--application for exemption
689C. Engineered stone--notifying persons of application for exemption
689D. Engineered stone--regulator to be satisfied about certain matters
689E. Safe Work Australia may issue and publish documents in relation to exemptions

Division 4--Exemption process

690. Application for exemption
691. Conditions of exemption
692. Form of exemption document
693. Compliance with conditions of exemption
694. Notice of decision in relation to exemption
695. Publication of exemption
696. Notice of refusal of exemption
697. Amendment or cancellation of exemption
698. Notice of amendment or cancellation

PART 3--Miscellaneous

699. Incident notification--prescribed serious illnesses
699A. Incident notification--prescribed dangerous incident
700. Inspectors' identity cards
701. Review of decisions under the Act--stay of decision
702. Confidentiality of information--exception relating to administration or enforcement of other laws
703. Expiation notices
704. Expiation of offences against Act
705. Waiver of fees
706. Registration of employers
707. Prescription of fee

PART 4--Transitional and saving provisions

708. Interpretation
709. Training for health and safety representatives (regulation 21)
710. Confined space entry permit (regulation 67)
711. Notice of demolition work (regulation 142)
712. Inspection and testing of electrical equipment (regulation 150)
713. Plant with presence-sensing safeguarding system--records (regulation 226)
714. Major inspection of registered mobile cranes and tower cranes (regulation 235)
715. Records of plant (regulation 237)
716. Health monitoring records (regulation 444)
717. Licensed asbestos removalist must keep training records (regulation 461)
718. Amusement structures--registration of design
719. Amusement structures--registration
720. Plant--registration of design
721. Plant--registration
722. High risk work--accreditation of assessors
723. Pipeline builder's duties (regulation 390)
724. Licence to carry out high risk work
725. Asbestos removal licence
727. Asbestos assessors licence
728. Asbestos removal supervisors and asbestos removal workers
729. Applicants for asbestos removal licences or asbestos assessor licences (regulation 491)
730. Diving work
731. Duties of designers
732. Duties of manufacturers
733. Duties of importers
734. Duties of suppliers
735. Duties of persons who install, construct or commission plant or structures
736. Classification and labelling under GHS
737. Roll-over protection on tractors (regulation 216)
738. Existing use, handling or storing of prohibited or restricted carcinogens (regulations 380 and 381)
739. Codes of practice (repealed Act)
740. Codes of practice (new scheme)
741. Consultants

PART 5--Transitional and saving provisions associated with Work Health and Safety (Engineered Stone) Amendment Regulations 2024

742. Particular work involving engineered stone--exception if carried out before 1 July 2024
743. Particular work involving engineered stone--exception if carried out under pre-2024 contract
744. Application of Chapter 8A Part 3 to processing of engineered stone carried out before 1 July 2024
SCHEDULE 2--Fees
SCHEDULE 3--High risk work licences and classes of high risk work
SCHEDULE 4--High risk work licences--competency requirements
SCHEDULE 5--Registration of plant and plant designs
SCHEDULE 6--Classification of mixtures
SCHEDULE 7--Safety data sheets
SCHEDULE 8--Disclosure of ingredients in safety data sheet
SCHEDULE 9--Classification, packaging and labelling requirements
SCHEDULE 10--Prohibited carcinogens, restricted carcinogens and restricted hazardous chemicals
SCHEDULE 11--Placard and manifest quantities
SCHEDULE 12--Manifest requirements
SCHEDULE 13--Placard requirements
SCHEDULE 14--Requirements for health monitoring
SCHEDULE 15--Hazardous chemicals at major hazard facilities (and their threshold quantity)
SCHEDULE 16--Matters to be included in emergency plan for major hazard facility
SCHEDULE 17--Additional matters to be included in safety management system of major hazard facility
SCHEDULE 18--Additional matters to be included in safety case for a major hazard facility
SCHEDULE 19--Principal mining hazard management plans--additional matters to be considered
SCHEDULE 20--Prohibited uses in mines
SCHEDULE 21--Concentration levels for atmospheric contaminants
SCHEDULE 22--Matters to be included in emergency plan for a mine
SCHEDULE 23--Information to be included in notification of mining incident
SCHEDULE 24--Information to be included in mine quarterly report
Legislative history

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