In these regulations—
"abrasive blasting" means propelling a stream of abrasive material at high
speed against a surface using compressed air, liquid, steam, centrifugal
wheels or paddles to clean, abrade, etch or otherwise change the original
appearance or condition of the surface;
"accredited assessor" means—
(a) a
person who is accredited under Chapter 4 Part 5 to conduct
assessments; or
(b) the
regulator;
"Act" means the Work Health and Safety Act 2012 ;
"ADG Code" means the Australian Code for the Transport of Dangerous Goods by
Road and Rail , approved by the Transport and Infrastructure Council, as in
force or remade from time to time;
Note—
The ADG Code is accessible at www.ntc.gov.au.
"administrative control" means a method of work, a process or a procedure
designed to minimise risk, but does not include—
(a) an
engineering control; or
(b) the
use of personal protective equipment;
"Agvet Code" means, in Chapter 7 Part 1, the Agricultural and
Veterinary Chemicals Code set out in the Schedule to the Agricultural and
Veterinary Chemicals Code Act 1994 of the Commonwealth;
"airborne contaminant" means a contaminant in the form of a fume, mist, gas,
vapour or dust, and includes micro-organisms;
"amusement device" means plant operated for hire or reward that provides
entertainment, sightseeing or amusement through movement of the equipment, or
part of the equipment, or when passengers or other users travel or move on,
around or along the equipment, but does not include—
(a) a
miniature train and railway system owned and operated by a model railway
society, club or association; or
(b) a
ride or device that is used as a form of transport and that is, in relation to
its use for that purpose, regulated under another Act or an Act of the
Commonwealth; or
(c) a
boat or flotation device—
(i)
that is solely propelled by a person who is in or on the
boat or device; and
(ii)
that is not attached to any mechanical elements or
equipment outside the boat or device, and that does not rely on any artificial
flow of water to move; or
(d) any
plant specifically designed for a sporting, professional stunt, theatrical or
acrobatic purpose or activity; or
(e) a
coin-operated or token-operated device that—
(i)
is intended to be ridden, at the one time, by not more
than 4 children who must be below the age of 10 years; and
(ii)
is usually located in a shopping centre or similar public
location; and
(iii)
does not necessarily have an operator;
"article" means a manufactured item, other than a fluid or particle,
that—
(a) is
formed into a particular shape or design during manufacture; and
(b) has
hazard properties and a function that are wholly or partly dependent on the
shape or design;
"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) asbestos (brown);
(c)
anthophyllite asbestos;
(d)
chrysotile asbestos (white);
(e)
crocidolite asbestos (blue);
(g) a
mixture that contains 1 or more of the minerals referred to in paragraphs (a)
to (f);
"asbestos containing material (ACM)" means any material or thing that, as part
of its design, contains asbestos;
"asbestos-contaminated dust or debris (ACD)" means dust or debris that has
settled within a workplace and is, or is assumed to be, contaminated with
asbestos;
"asbestos management plan"—see regulation 429 or 432;
"asbestos register"—see regulation 425;
"asbestos-related work" means work involving asbestos (other than asbestos
removal work to which Chapter 8 Part 7 applies) that is permitted
under the exceptions set out in regulation 419(3), (4) and (5);
"asbestos removal licence" means a Class A asbestos removal licence or a
Class B asbestos removal licence;
"asbestos removal work" means—
(a) work
involving the removal of asbestos or ACM; or
(b) in
Chapter 8 Part 10, Class A asbestos removal work or
Class B asbestos removal work;
"asbestos removalist" means a person conducting a business or undertaking who
carries out asbestos removal work;
"asbestos waste" means asbestos or ACM removed and disposable items used
during asbestos removal work including plastic sheeting and disposable tools;
"biological monitoring" means—
(a) the
measurement and evaluation of a substance, or its metabolites, in the body
tissue, fluids or exhaled air of a person exposed to the substance; or
(b)
blood lead level monitoring;
"blood lead level" means the concentration of lead in whole blood expressed in
micromoles per litre (ìmol/L) or micrograms per decilitre
(ìg/dL);
"blood lead level monitoring" means the testing of the venous or capillary
blood of a person by a laboratory accredited by NATA, under the supervision of
a registered medical practitioner, to determine the blood lead level;
"boiler" means—
(a) a
vessel, or an arrangement of vessels and interconnecting parts, in which steam
or vapour is generated or in which water or other liquid is heated at a
pressure above that of the atmosphere by the application of fire, the products
of combustion, electrical power or similar high temperature means; and
(b) the
superheaters, reheaters, economisers, boiler piping, supports, mountings,
valves, gauges, fittings, controls, boiler setting and other equipment
directly associated with those vessels,
but does not include—
(c)
except in Schedule 3 and Schedule 4, a fully flooded or pressurised
system where water or another liquid is heated to a temperature lower than the
normal atmospheric boiling temperature of the liquid; or
(d) for
the purposes of Chapter 5 Part 2 and Part 3 and in
Schedule 3 and Schedule 4, a boiler designed or manufactured to the
following codes:
(i)
AMBSC Part 1 —Australian Miniature
Boiler Safety Committee Code for Copper Boilers ;
(ii)
AMBSC Part 2 —Australian Miniature
Boiler Safety Committee Code for Steel Boilers ;
(iii)
AMBSC Part 3 —Australian Miniature Boiler
Safety Committee Code for Sub-Miniature Boilers ;
(iv)
AMBSC Part 4 —Australian Miniature Boiler
Safety Committee Code for Duplex Steel Boilers ; or
(e) in
Schedule 3 and Schedule 4—
(i)
a direct fired process heater; or
(ii)
boilers with less than 5 square metres heating
surface or 150 kilowatt output; or
(iii)
unattended boilers certified in compliance with
AS 2593:2021 (Boilers—Safety management and supervision systems) ;
"boom-type elevating work platform" means a telescoping device, hinged device,
or articulated device, or any combination of these, used to support a platform
on which personnel, equipment and materials may be elevated;
"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
1 or more hoisting mechanisms arranged to traverse across the bridge;
"building maintenance equipment" means a suspended platform and associated
equipment, 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 suspended platform and
associated equipment on a building specifically designed to provide permanent
access to the faces of the building for maintenance;
"bulk", in relation to a hazardous chemical, means any quantity of a hazardous
chemical that is—
(a) in a
container with a capacity exceeding 500 litres or net mass of more than
500 kilograms; or
(b) if
the hazardous chemical is a solid—an undivided quantity exceeding
500 kilograms;
"C1 combustible liquid" means, in Chapter 7 Part 1, combustible
liquid that has a flash point of 150°C or less;
"capacity", of a container (in Chapter 7), means the internal volume of
the container at a temperature of 15°C expressed in litres;
"card holder" means the person to whom a general construction induction
training card is issued;
"certificate of medical fitness" means a certificate of medical fitness that
complies with regulation 169;
"certification", in relation to a specified VET course, means—
(a) a
statement of attainment issued by an RTO stating that the person to whom it is
issued has successfully completed the specified VET course; or
(b) in
the case of high risk work—a notice of satisfactory assessment stating
that the person to whom it is issued has successfully completed the specified
VET course; or
(c) an
equivalent statement or notice issued by a corresponding RTO;
"certified safety management system", in Chapter 8, means a safety
management system that complies with AS 4801:2001 (Occupational health and
safety management systems) , or an equivalent system determined by the
regulator;
"chemical identity" means a name, in accordance with the nomenclature systems
of the International Union of Pure and Applied Chemistry or the Chemical
Abstracts Service, or a technical name, that gives a chemical a unique
identity;
"class" means—
(a) in
relation to high risk work, a class of work specified in Schedule 3;
(b) in
relation to asbestos removal work, Class A asbestos removal work or
Class B asbestos removal work;
"Class A asbestos removal licence" means a licence that authorises the
carrying out of Class A asbestos removal work and Class B asbestos
removal work by or on behalf of the licence holder;
"Class A asbestos removal work" means work that is required to be licensed
under regulation 485;
"Class B asbestos removal licence" means a licence that authorises the
carrying out of Class B asbestos removal work by or on behalf of the
licence holder;
"Class B asbestos removal work" means work that is required to be licensed
under regulation 487, but does not include Class A asbestos removal
work;
"class label" means a pictogram described in the ADG Code for a class, or
division of a class, of dangerous goods;
"clearance certificate"—see regulation 474;
"clearance inspection"—see regulation 473;
"combustible dust" means finely divided solid particles (including dust,
fibres or flyings), that are—
(a)
suspended in air or settle out of the atmosphere under their own weight; and
(b) able
to burn or glow in air; and
(c) able
to form an explosive mixture with air at atmospheric pressure and normal
temperature;
"combustible liquid" means a liquid, other than a flammable liquid, that has a
flash point, and a fire point, less than its boiling point;
"combustible substance" means a substance that is combustible, and includes
dust, fibres, fumes, mists or vapours produced by the substance;
Examples—
Wood, paper, oil, iron filings.
"competency assessment", in Chapter 4 Part 5, means an assessment in
relation to the completion of a specified VET course to carry out a class of
high risk work;
"competent person" means—
(a) for
electrical work on energised electrical equipment or energised
electrical installations (other than testing referred to in regulations 150
and 165)—a person registered to undertake the work under the
Plumbers, Gas Fitters and Electricians Act 1995 ;
(b) for
general diving work—see regulations 174 and 177;
(c) for
a major inspection of mobile cranes and tower cranes under
regulation 235—see regulation 235;
(d) for
inspection of amusement devices and passenger ropeways under
regulation 241—see regulation 241;
(e) for
design verification under regulation 252—a person who has the
skills, qualifications, competence and experience to design the plant or
verify the design;
(f) for
a clearance inspection under regulation 473—a person who has
acquired through training or experience the knowledge and skills of relevant
asbestos removal industry practice and holds—
(i)
a certification in relation to the specified VET course
for asbestos assessor work; or
(ii)
a tertiary qualification in occupational health and
safety, occupational hygiene, science, building, construction or environmental
health;
(g) for
any other case—a person who has acquired through training, qualification
or experience the knowledge and skills to carry out the task;
"concrete placing boom" means plant incorporating an articulating boom,
capable of power operated slewing and luffing to place concrete by way of
pumping through a pipeline attached to, or forming part of, the boom of the
plant;
"confined space" means an enclosed or partially enclosed space that—
(a) is
not designed or intended primarily to be occupied by a person; and
(b) is,
or is designed or intended to be, at normal atmospheric pressure while any
person is in the space; and
(c) is
or is likely to be a risk to health and safety from—
(i)
an atmosphere that does not have a safe oxygen level; or
(ii)
contaminants, including airborne gases, vapours and
dusts, that may cause injury from fire or explosion; or
(iii)
harmful concentrations of any airborne contaminants; or
(iv)
engulfment,
but does not include a mine shaft or the workings of a mine;
"confined space entry permit" means a confined space entry permit issued under
regulation 67;
"construction project"—see regulation 292;
"construction work"—see regulation 289;
"consumer product" means a thing that—
(a) is
packed or repacked primarily for use by a household consumer or for use in an
office; and
(b) if
the thing is packed or repacked primarily for use by a household
consumer—is packed in the way and quantity in which it is intended to be
used by a household consumer; and
(c) if
the thing is packed or repacked primarily for use in an office—is packed
in the way and quantity in which it is intended to be used for office work;
"container", in relation to a hazardous chemical, means anything in or by
which a hazardous chemical is, or has been, wholly or partly covered, enclosed
or packed, including anything necessary for the container to perform its
function as a container;
"contaminant" means any substance that may be harmful to health or safety;
"controlled", in relation to the processing of a CSS—see
regulation 529B;
"control measure", in relation to a risk to health and safety, means a measure
to eliminate or minimise the risk;
"conveyor" means equipment or apparatus operated by power other than manual
power and by which loads are raised, lowered or transported or capable of
being raised, lowered, transported, or continuously driven, by—
(a) an
endless belt, rope or chain or other similar means; or
(b)
buckets, trays or other containers or fittings moved by an endless belt, rope,
chain or similar means; or
(c) a
rotating screw; or
(d) a
vibration or walking beam; or
(e) a
powered roller conveyor if the rollers are driven by an endless belt, rope or
chain or other similar means,
and includes the superstructure, gear and auxiliary equipment used in
connection with that equipment or apparatus;
"correct classification" means the set of hazard classes and hazard categories
assigned to a hazardous chemical when it is correctly classified;
Note—
Part 1 of Schedule 9 sets out when a hazardous chemical is correctly
classified.
"crane" means an appliance intended for raising or lowering a load and moving
it horizontally including the supporting structure of the crane and its
foundations, but does not include any of the following:
(a) an
industrial lift truck;
(b)
earthmoving machinery;
(c) an
amusement device;
(d) a
tractor;
(e) an
industrial robot;
(f) a
conveyor;
(g)
building maintenance equipment;
(h) a
suspended scaffold;
(i)
a lift;
"crystalline silica"—see regulation 529A;
"crystalline silica substance (CSS)"—see regulation 529A;
"current certificate of medical fitness" means a certificate of medical
fitness that—
(a) was
issued within the past 12 months; and
(b) has
not expired or been revoked;
"demolition work" means work to demolish or dismantle a structure, or part of
a structure that is loadbearing or otherwise related to the physical integrity
of the structure, but does not include—
(a) the
dismantling of formwork, falsework, or other structures designed or used to
provide support, access or containment during construction work; or
(b) the
removal of power, light or telecommunication poles;
"derrick crane" means a slewing strut-boom crane with its boom pivoted at the
base of a mast that is—
(a)
guyed (guy-derrick) or held by backstays (stiff-legged derrick); and
(b)
capable of luffing under load;
"designer", in relation to plant, a substance or a structure, has the same
meaning as it has in section 22 of the Act;
"determined major hazard facility" means a facility that has been determined
under regulation 541 or 542 to be a major hazard facility;
"direct fired process heater" means an arrangement of 1 or more coils, located
in the radiant zone or convection zone, or both, of a combustion chamber, the
primary purpose of which is to raise the temperature of a process fluid
circulated through the coils, to allow distillation, fractionalism, reaction
or other petrochemical processing of the process fluid, whether that fluid is
liquid or gas, or a combination of liquid and gas;
"dogging work" means—
(a) the
application of slinging techniques, including the selection and inspection of
lifting gear, to safely sling a load; or
(b) the
directing of a plant operator in the movement of a load when the load is out
of the operator's view;
"duty holder", in Chapter 3 Part 1, means a person referred to in
regulation 32;
"EANx", in Chapter 4 Part 8, means a mixture of oxygen and nitrogen
in which the volume of oxygen is at least 22%;
"earthmoving machinery" means operator controlled 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;
"electrical equipment"—see regulation 144 (and regulation 148
for Division 3 of Chapter 4 Part 7);
"electrical installation"—see regulation 145 (and
regulation 148 for Division 3 of Chapter 4 Part 7);
"electrical risk" means risk to a person of death, shock or other injury
caused directly or indirectly by electricity;
"electrical work"—see regulation 146;
"electricity supply authority" means an electricity entity within the meaning
of the Electricity Act 1996 that is licensed to carry on, or is exempted
under that Act from the requirement to hold a licence authorising the entity
to carry on, the following operations:
(a) the
generation of electricity;
(b) the
operation of a transmission or distribution network;
"emergency service organisation" means—
(a) an
emergency services organisation within the meaning of the Fire and Emergency
Services Act 2005 ; and
(b) SA
Ambulance Service Inc; and
(c)
South Australia Police; and
(d) in
relation to a particular emergency within the meaning of the
Emergency Management Act 2004 —the control agency for the emergency
under that Act;
"engineered stone"—see regulation 529A(1);
"engineering control" means a control measure that is physical in nature,
including a mechanical device or process;
"entry", by a person into a confined space, means the person's head or upper
body is in the confined space or within the boundary of the confined space;
"essential services" means the supply of—
(a) gas,
water, sewerage, telecommunications, electricity and similar services; or
(b)
chemicals, fuel and refrigerant in pipes or lines;
"excavation" means a trench, tunnel or shaft, but does not include—
(a) a
mine; or
(b) a
well within the meaning of the Natural Resources Management Act 2004 ;
(c) a
trench for use as a place of interment;
"excavation work" means work to—
(a) make
an excavation; or
(b) fill
or partly fill an excavation;
"exploration site", in Chapter 10, means a place where activities are carried
out for the purpose of exploring for minerals by mechanical means that disturb
the ground;
"exposure standard", except in Chapter 4 Part 1, means an exposure
standard in the Workplace Exposure Standards for Airborne Contaminants;
"exposure standard for noise"—see regulation 56;
"external review" means an external review under Chapter 11 Part 1;
"extraction site", in Chapter 10, means a place where activities are carried
out for the purpose of extracting minerals from the ground or injecting
minerals into the ground;
"extra-low voltage" means voltage that does not exceed 50 volts
alternating current (50V AC) or 120 volts ripple-free direct current
(120V ripple-free DC);
"facility", in Chapter 9, means a workplace at which Schedule 15
chemicals are present or likely to be present;
"fall arrest system" means plant or material designed to arrest a fall;
Example—
An industrial safety net, a catch platform, a safety harness system (other
than a system that relies entirely on a restraint technique system).
"fault", in relation to plant, means a break or defect that may cause the
plant to present a risk to health and safety;
"female of reproductive capacity", in Chapter 7 Part 2, means a
female other than a female who provides information stating that she is not of
reproductive capacity;
"fire risk hazardous chemical" means a hazardous chemical that—
(a) is
any of the following:
(i)
a flammable gas;
(ii)
a flammable liquid (hazard category 1 to 3);
(iii)
a flammable solid;
(iv)
a substance liable to spontaneous combustion;
(v)
a substance which, in contact with water, emits flammable
gases;
(vi)
an oxidizing substance;
(vii)
an organic peroxide; and
(b)
burns readily or supports combustion;
"fitness criteria", in relation to diving work, means the fitness criteria
specified in clause M4 of Appendix M to AS/NZS 2299.1:2015 (Occupational
diving operations—Standard operational practice) ;
"flammable gas" has the same meaning as it has in the GHS;
"flammable liquid" means a flammable liquid within the meaning of the GHS that
has a flash point of less than 93°C;
"forklift truck", in Schedule 3 and Schedule 4, means a powered
industrial truck equipped with lifting media made up of a mast and an
elevating load carriage to which is attached a pair of fork arms or other arms
that can be raised 900mm or more above the ground, but does not include a
pedestrian-operated truck or a pallet truck;
"friable asbestos" means material that—
(a) is
in a powder form or that can be crumbled, pulverised or reduced to a powder by
hand pressure when dry; and
(b)
contains asbestos;
"gantry crane" means a crane that—
(a)
consists of a bridge beam or beams supported at 1 or both ends by legs mounted
to end carriages;
(b) is
capable of travelling on supporting surfaces or deck levels, whether fixed or
not; and
(c) has
a crab with 1 or more hoisting units arranged to travel across the bridge;
"gas cylinder" means a rigid vessel—
(a) that
does not exceed 3 000 litres water capacity and is without openings
or integral attachments on the shell other than at the ends; and
(b) that
is designed for the storage and transport of gas under pressure; and
(c) that
is covered by AS 2030.1:2009 (Gas cylinders—General requirements) ;
"general construction induction training" means training delivered in
Australia by an RTO for the specified VET course for general construction
induction training;
"general construction induction training card" means—
(a) in
Division 2 of Chapter 6 Part 5—a general construction
induction training card issued under that Division;
(b) in
any other case—a general construction induction training card
issued—
(i)
under Division 2 of Chapter 6 Part 5 or
under a corresponding WHS law; or
(ii)
by an RTO under an agreement between the regulator and an
RTO or a corresponding regulator and an RTO;
"general construction induction training certification" means a certification
for the completion of the specified VET course for general construction
induction training;
"general diving work" means work carried out in or under water while breathing
compressed gas, and includes—
(a)
incidental diving work; and
(b)
limited scientific diving work,
but does not include high risk diving work;
"genuine research" means systematic investigative or experimental activities
that are carried out for either acquiring new knowledge (whether or not the
knowledge will have a specific practical application) or creating new or
improved materials, products, devices, processes or services;
"GHS" means the Globally Harmonised System of Classification and Labelling of
Chemicals , Seventh revised edition, published by the United Nations as
modified under Schedule 6;
Note—
The Schedule 6 tables replace some tables in the GHS.
"GHS 3" means the Globally Harmonised System of Classification and Labelling
of Chemicals , Third revised edition, published by the United Nations as
modified under Schedule 6;
Note—
The Schedule 6 tables replace some tables in GHS 3.
"hazard category" means a division of criteria within a hazard class in the
GHS;
"hazard class" means the nature of a physical, health or environmental hazard
under the GHS;
"hazard pictogram" means a graphical composition, including a symbol plus
other graphical elements, that is assigned in the GHS to a hazard class or
hazard category;
"hazard statement" means a statement assigned in the GHS to a hazard class or
hazard category describing the nature of the hazards of a hazardous chemical
including, if appropriate, the degree of hazard;
"hazardous area" means an area in which—
(a) an
explosive gas is present in the atmosphere in a quantity that requires special
precautions to be taken for the construction, installation and use of plant;
or
(b) a
combustible dust is present, or could reasonably be expected to be present, in
the atmosphere in a quantity that requires special precautions to be taken for
the construction, installation and use of plant;
"hazardous chemical" means a substance, mixture or article that satisfies the
criteria for any 1 or more hazard classes in the GHS (including a
classification referred to in Schedule 6), unless the only hazard class or
classes for which the substance, mixture or article satisfies the criteria are
any 1 or more of the following:
(a)
acute toxicity—oral—category 5;
(b)
acute toxicity—dermal—category 5;
(c)
acute toxicity—inhalation—category 5;
(d) skin
corrosion/irritation—category 3;
(e)
aspiration hazard—category 2;
(f)
flammable gas—category 2;
(g)
acute hazard to the aquatic environment—category 1, 2 or 3;
(h)
chronic hazard to the aquatic environment—category 1, 2, 3 or 4;
(i)
hazardous to the ozone layer;
Note—
The Schedule 6 tables replace some tables in the GHS.
"hazardous manual task" means a task that requires a person to lift, lower,
push, pull, carry or otherwise move, hold or restrain any person, animal or
thing that involves 1 or more of the following:
(a)
repetitive or sustained force;
(b) high
or sudden force;
(c)
repetitive movement;
(d)
sustained or awkward posture;
(e)
exposure to vibration;
Examples—
1 A task requiring a person to restrain live
animals.
2 A task requiring a person to lift or move loads
that are unstable or unbalanced or are difficult to grasp or hold.
3 A task requiring a person to sort objects on a
conveyor belt.
"Hazchem Code" means a Hazchem Code under the ADG Code, also known as an
Emergency Action Code;
"head or upper body" means the area of a person's body at or above the
person's shoulders;
"health monitoring", of a person, means monitoring the person to identify
changes in the person's health status because of exposure to certain
substances;
"heritage boiler" means a boiler that—
(a) was
manufactured before 1952; and
(b) is
used for a historical purpose or activity, including an activity that is
ancillary to a historical activity;
Examples—
1 Historical activity : a historical display,
parade, demonstration or re-enactment.
2 Activity ancillary to a historical activity :
restoring, maintaining, modifying, servicing, repairing or housing a boiler
used, or to be used, for a historical activity.
"high risk", in relation to the processing of a CSS, means the processing of a
CSS that is reasonably likely to result in a risk to the health of a person at
the workplace;
"high risk construction work"—see regulation 291;
"high risk diving work" means work—
(a)
carried out in or under water or any other liquid while breathing compressed
gas; and
(b)
involving 1 or more of the following:
Notes—
1 Subparagraph (ii) includes some additional
construction-related activities.
2 For construction work generally, see
Chapter 6. For the meaning of
"construction work", see regulation 289.
(ii)
work of the kind described in paragraph (d) of the
definition of "construction work in regulation 289(3);
(iii)
inspection work carried out in order to determine whether
or not work described in subparagraph (i) or (ii) is necessary;
(iv)
the recovery or salvage of a large structure or large
item of plant for commercial purposes,
but does not include minor work carried out in the sea or the waters of a bay
or inlet or a marina that involves cleaning, inspecting, maintaining or
searching for a vessel or mooring;
"high risk work" means any work set out in Schedule 3 as being within the
scope of a high risk work licence;
"high risk work licence" means any of the licences listed in Schedule 3;
"hoist" means an appliance intended for raising or lowering a load or people,
and includes an elevating work platform, a mast climbing work platform,
personnel and materials hoist, scaffolding hoist and serial hoist, but does
not include a lift or building maintenance equipment;
"ignition source" means a source of energy capable of igniting flammable or
combustible substances;
"importer", in relation to plant, a substance or a structure, has the same
meaning as it has in section 24 of the Act;
"incidental diving work" means general diving work that—
(a) is
incidental to the conduct of the business or undertaking in which the diving
work is carried out; and
Example—
Acting underwater is incidental to the business or undertaking of filming.
(b)
involves limited diving;
"independent", in relation to clearance inspections and air monitoring under
Chapter 8, means—
(a) not
involved in the removal of the asbestos; and
(b) not
involved in a business or undertaking involved in the removal of the asbestos,
in relation to which the inspection or monitoring is conducted;
"industrial lift truck" means powered mobile plant, designed to move goods,
materials or equipment that is equipped with an elevating load carriage and is
in the normal course of use equipped with a load-holding attachment but does
not include a mobile crane or earthmoving machinery;
"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;
"inflatable device (continuously blown)" means an amusement device that is an
inflatable device that relies on a continuous supply of air pressure to
maintain its shape;
"inrush hazard", in Chapter 10, means a hazard involving the potential inrush
of any substance;
"in situ asbestos" means asbestos or ACM fixed or installed in a structure,
equipment or plant but does not include naturally occurring asbestos;
"intermediate bulk container (IBC)" has the same meaning as IBC has in the ADG
Code;
"internal review" means internal review under Chapter 11 Part 1;
"in transit", in relation to a thing, means that the thing—
(a) is
supplied to, or stored at, a workplace in containers that are not opened at
the workplace; and
(b) is
not used at the workplace; and
(c) is
kept at the workplace for not more than 5 consecutive days;
"lead" means lead metal, lead alloys, inorganic lead compounds and lead salts
of organic acids;
"lead process"—see regulation 392;
"lead process area" means a workplace or part of a workplace where a lead
process is carried out;
"lead risk work"—see regulation 394;
"licence holder" means—
(a) in
the case of a high risk work licence—the person who is licensed to carry
out the work; or
(b) in
the case of an asbestos assessor licence—the person who is
licensed—
(i)
to carry out air monitoring during Class A asbestos
removal work or Class B asbestos removal work; and
(ii)
to carry out clearance inspections of Class A asbestos
removal work; and
(iii)
to issue clearance certificates in relation to Class A
asbestos removal work; or
(c) in
the case of an asbestos removal licence—the person conducting the
business or undertaking to whom the licence is granted; or
(d) in
the case of a major hazard facility licence, the operator of the major hazard
facility to whom the licence is granted or transferred;
"licensed asbestos assessor" means a person who holds an asbestos assessor
licence;
"licensed asbestos removalist" means a person conducting a
business or undertaking who is licensed under these regulations to carry out
Class A asbestos removal work or Class B asbestos removal work;
"licensed asbestos removal work" means asbestos removal work for which a
Class A asbestos removal licence or Class B asbestos removal licence
is required;
"licensed major hazard facility" means a major hazard facility that is
licensed under Chapter 9 Part 7;
"lift" means plant that is, or is intended to be, permanently installed in or
attached to a structure, in which people, goods or materials may be raised or
lowered within a car or cage, or on a platform and the movement of which is
restricted by a guide or guides, and includes—
(a) a
chairlift, escalator, moving walkway and stairway lift; and
(b) any
supporting structure, machinery, equipment, gear, lift well, enclosures and
entrances;
"limited diving" means diving that does not involve any of the following:
(a)
diving to a depth below 30 metres;
(b) the
need for a decompression stop;
(c) the
use of mechanical lifting equipment or a buoyancy lifting device;
(d)
diving beneath anything that would require the diver to move sideways before
being able to ascend;
(e) the
use of plant that is powered from the surface;
(f)
diving for more than 28 days during a period of 6 months;
"limited scientific diving work" means general diving work that—
(a) is
carried out for the purpose of professional scientific research, natural
resource management or scientific research as an educational activity; and
(b)
involves only limited diving;
"local authority", in relation to a facility, means the local authority for
the local authority area in which the facility and the surrounding area are
located;
"local community", in relation to a major hazard facility, means the community
in the surrounding area;
"lower explosive limit (LEL)", in relation to a flammable gas, vapour or mist,
means the concentration of the gas, vapour or mist in air below which the
propagation of a flame does not occur on contact with an ignition source;
"maintain", in relation to plant or a structure in Chapter 5, includes
repair or servicing of plant or a structure;
"major hazard facility" means a facility—
(a) at
which Schedule 15 chemicals are present or likely to be present in a
quantity that exceeds their threshold quantity; or
(b) that
is determined by the regulator under Chapter 9 Part 2 to be a major
hazard facility;
"major hazard facility licence" means a licence granted under Chapter 9
Part 7 in relation to a major hazard facility;
"major incident"—see regulation 531;
"major incident hazard" means a hazard that could cause, or contribute to
causing, a major incident;
"manifest" means a written summary of the hazardous chemicals used, handled or
stored at a workplace;
Note—
See Schedule 12 (Manifest requirements) for what a manifest must contain.
"manifest quantity", in relation to a Schedule 11 hazardous chemical,
means the manifest quantity referred to in Schedule 11, table 11.1,
column 5 for that hazardous chemical;
"manufacturer", in relation to plant, a substance or a structure, has the same
meaning as it has in section 23 of the Act;
"mast climbing work platform" means a hoist with a working platform used for
temporary purposes to raise personnel and materials to the working position by
means of a drive system mounted on an extendable mast that may be tied to a
structure;
"materials hoist" means a hoist that—
(a)
consists of a car, bucket or platform cantilevered from, and travelling up and
down outside, a face of the support of a structure; and
(b) is
used for hoisting things and substances but not persons;
"membrane filter method" means the membrane filter method described in the
Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos
Fibres [NOHSC:3003 (2005)];
"mine"—see regulation 609;
"mine holder"—see regulation 614;
Note—
A mine holder is a person conducting a business or undertaking.
"mine operator"—see regulation 613;
Note—
A mine operator is a person conducting a business or undertaking.
"mineral"—see regulation 611;
"mining operations"—see regulation 610;
"mixture" in Chapter 7 Part 1, means a combination of, or a solution
composed of, 2 or more substances that do not react with each other;
"mobile crane" means a crane capable of travelling over a supporting surface
without the need for fixed runways and relying only on gravity for stability;
"modification", in relation to a facility—see regulation 534;
"musculoskeletal disorder" means an injury to, or disease of, the
musculoskeletal system, whether occurring suddenly or over time, but does not
include an injury caused by crushing, entrapment or cutting resulting
principally from the mechanical operation of plant;
"NATA" means the National Association of Testing Authorities, Australia;
"NATA-accredited laboratory" means a testing laboratory accredited by NATA, or
recognised by NATA either solely or with someone else;
"naturally occurring asbestos" means the natural geological occurrence of
asbestos minerals found in association with geological deposits including
rock, sediment or soil;
"non-friable asbestos" means material containing asbestos that is not friable
asbestos, including material containing asbestos fibres reinforced with a
bonding compound;
Note—
Non-friable asbestos may become friable asbestos through deterioration (see
definition of "friable asbestos").
"non-slewing mobile crane" means a mobile crane incorporating a boom or jib
that cannot be slewed, and includes—
(a) an
articulated mobile crane; or
(b) a
locomotive crane,
but does not include vehicle tow trucks;
"notice of satisfactory assessment" means a notice stating that the person to
whom it is issued has successfully completed a specified VET course;
"operator", in relation to a facility or a proposed facility—see
regulation 533;
"operator protective device", includes a roll-over protective structure,
falling object protective structure, operator restraining device and seat
belt;
"order-picking forklift truck", in Schedule 3 and Schedule 4, means
a forklift truck where the operator's controls are incorporated with the
lifting media and elevate with the lifting media;
"packaged hazardous chemicals" means Schedule 11 hazardous chemicals in a
container with—
(a) a
capacity not exceeding 500 litres; or
(b) a
net mass not exceeding 500 kilograms;
"passenger ropeway"—
(a)
means a powered ropeway used for transporting, in a horizontal or inclined
plane, passengers moved by a carrier that is—
(i)
attached to or supported by a moving rope; or
(ii)
attached to a moving rope but supported by a standing
rope or other overhead structure; and
(b)
includes the prime mover, any associated transmission machinery and any
supporting structure and equipment; but
(c) does
not include any of the following:
(i)
a cog railway;
(ii)
a cable car running on rails;
(iii)
a flying fox or similar device;
(iv)
an elevating system for vehicles or boat style carriers
associated with amusement devices;
Example—
An elevating system for a log ride or boat flume ride.
"person with management or control of plant at a workplace" has the same
meaning as it has in section 21 of the Act;
"person with management or control of a workplace" has the same meaning as it
has in section 20 of the Act;
"personal protective equipment" means anything used or worn by a person to
minimise risk to the person's health and safety, including air supplied
respiratory equipment;
"personnel and materials hoist" means a hoist—
(a) that
is a cantilever hoist, a tower hoist or several winches configured to operate
as a hoist; and
(b) that
is intended to carry goods, materials or people;
"pipeline" means pipe work that crosses a boundary of a workplace, beginning
or ending at the nearest fluid or slurry control point (along the axis of the
pipeline) to the boundary;
"pipe work" means a pipe or assembly of pipes, pipe fittings, valves and pipe
accessories used to convey a hazardous chemical;
"placard" means a sign or notice—
(a)
displayed or intended for display in a prominent place, or next to a container
or storage area for hazardous chemicals at a workplace; and
(b) that
contains information about the hazardous chemical stored in the container or
storage area;
"placard quantity", in relation to a Schedule 11 hazardous chemical,
means the placard quantity referred to in Schedule 11, table 11.1
column 4 for the Schedule 11 hazardous chemical;
"plant", in Chapter 5 Part 2 and Chapter 5 Part 3,
includes a structure;
"platform height", in relation to an inflatable device (continuously blown),
means the height of the highest part of the device designed to support persons
using it (the platform), as measured from the surface supporting the device to
the top surface of the platform when the device is inflated but unloaded;
"porcelain product" does not include a product that contains resin;
"portal boom crane" means a boom crane or a jib crane that is mounted on a
portal frame that, in turn, is supported on runways along which the crane
travels;
"powered mobile plant" means plant that is provided with some form of
self-propulsion that is ordinarily under the direct control of an operator;
"precautionary statement" means a phrase prescribed by the GHS that describes
measures that are recommended to be taken to prevent or minimise—
(a) the
adverse effects of exposure to a hazardous chemical; or
(b)
improper handling of a hazardous chemical;
"presence-sensing safeguarding system" includes—
(a) a
sensing system that uses 1 or more forms of radiation either self-generated or
otherwise generated by pressure; 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;
"pressure equipment" means boilers, pressure vessels and pressure piping;
"pressure piping"—
(a)
means an assembly of pipes, pipe fittings, valves and pipe accessories subject
to internal or external pressure and used to contain or convey fluid or to
transmit fluid pressure; and
(b)
includes distribution headers, bolting, gaskets, pipe supports and pressure
containing accessories; but
(c) does
not include—
(i)
a boiler or pressure vessel; or
(ii)
any piping that is regulated under the Petroleum and
Geothermal Energy Act 2000 , the
Petroleum (Submerged Lands) Act 1982 or the Gas Act 1997 ;
"pressure vessel"—
(a)
means a vessel subject to internal or external pressure; and
(b)
includes—
(i)
interconnected parts and components, valves, gauges and
other fittings up to the first point of connection to connecting piping; and
(ii)
fired heaters; and
(iii)
gas cylinders; but
(c) does
not include a boiler or pressure piping;
"primary emergency service organisations" means the South Australian
Metropolitan Fire Service and the South Australian Country Fire Service;
"principal contractor", in relation to a construction project—see
regulation 293;
"principal mining hazard"—see regulation 612;
"processing", in relation to a CSS—see regulation 529A;
"product identifier" means the name or number used to identify a product on a
label or in a safety data sheet;
"prohibited carcinogen" means a substance—
(a)
listed in Schedule 10, table 10.1, column 2; and
(b)
present in a concentration of—
(i)
for a solid or liquid—0.1% or more, determined as a
weight/weight (w/w) concentration; and
(ii)
for a gas—0.1% or more, determined as a
volume/volume (v/v) concentration;
"proposed facility" means—
(a) an
existing workplace that is to become a facility due to the introduction of
Schedule 15 chemicals; or
(b) a
facility that is being designed or constructed;
"proposed major hazard facility" means—
(a) an
existing facility or other workplace that is to become a major hazard facility
due to the introduction of Schedule 15 chemicals or the addition of
further Schedule 15 chemicals; or
(b) a
major hazard facility that is being designed or constructed;
"psychosocial hazard"—see regulation 55A;
"psychosocial risk"—see regulation 55B;
"quantity", in Chapter 7, means—
(a) for
a hazardous chemical that is not a liquid or a gas or a gas under pressure and
is in a container or storage or handling system—the mass in kilograms of
the hazardous chemical in the container or storage or handling system; and
(b) for
a hazardous chemical that is a liquid and is not a gas under pressure and is
in a container or storage or handling system—the net capacity in litres
of the container or storage or handling system; and
(c) for
a hazardous chemical that is a gas or gas under pressure in a container or
storage or handling system—the water capacity in litres of the container
or storage or handling system; and
(d) for
a hazardous chemical that is not a liquid and is in bulk and not in a
container—the undivided mass in kilograms; and
(e) for
a hazardous chemical that is a thing and is not a gas—the net capacity
of the part of the thing that comprises a hazardous chemical;
"R.C.D." means a residual current device as defined in AS/NZS 3760 In-service
safety inspection and testing of electrical equipment ;
"reach stacker" means a powered reach stacker that incorporates an attachment
for lifting and lowering a shipping container;
"reciprocating steam engine" means equipment that is driven by steam acting on
a piston causing the piston to move, and includes an expanding (steam)
reciprocating engine;
"registered medical practitioner" means a person registered under the Health
Practitioner Regulation National Law to practise in the medical profession
(other than as a student);
"registered training organisation (RTO)" means a training organisation
that—
(a) is
listed as a registered training organisation on the National Register
established under the National Vocational Education and Training Regulator
Act 2011 of the Commonwealth; and
(b) has
entered into an agreement with the regulator to deliver training and conduct
assessments;
"relevant fee", in relation to a matter, means the fee prescribed for the
purposes of the Act or these regulations for that matter;
"research chemical" means a substance or mixture that—
(a) is
manufactured in a laboratory for genuine research; and
(b) is
not for use or supply for a purpose other than analysis or genuine research;
"respirable asbestos fibre" means an asbestos fibre that—
(a) is
less than 3 micrometres wide; and
(b) more
than 5 micrometres long; and
(c) has
a length to width ratio of more than 3:1;
"restricted carcinogen" means a substance—
(a)
listed in Schedule 10, table 10.2, column 2 for a use listed in
column 3; and
(b)
present in a concentration of—
(i)
for a solid or liquid—0.1% or more, determined as a
weight/weight (w/w) concentration; and
(ii)
for a gas—0.1% or more, determined as a
volume/volume (v/v) concentration;
"retailer" means a person whose principal business is supplying consumer
products to members of the public who are not engaged in the further supply of
those products;
"rigging work" means—
(a) the
use of mechanical load shifting equipment and associated gear to move, place
or secure a load using plant, equipment or members of a structure to ensure
the stability of those members; or
(b) the
setting up or dismantling of cranes or hoists;
"rope", in Chapter 10, includes cable;
"safe oxygen level" means a minimum oxygen content of air of 19.5% by volume
under normal atmospheric pressure and a maximum oxygen content of air of 23.5%
by volume under normal atmospheric pressure;
"Safe Work Australia" means Safe Work Australia as established under
section 5 of the Safe Work Australia Act 2008 of the Commonwealth;
"safe work method statement" means—
(a) in
relation to electrical work on energised electrical equipment—a safe
work method statement prepared under regulation 161;
(b) in
relation to high risk construction work—a safe work method statement
referred to in regulation 299 (as revised under regulation 302);
"safety data sheet" means a safety data sheet prepared under
regulation 330 or 331;
"scaffold" means a temporary structure specifically erected to support access
or working platforms;
"scaffolding work" means erecting, altering or dismantling a temporary
structure that is or has been erected to support a platform and from which a
person or object could fall more than 4 metres from the platform or the
structure;
"Schedule 11 hazardous chemical" means a hazardous chemical or combination of
hazardous chemicals specified in Schedule 11, table 11.1;
"Schedule 15 chemical" means a hazardous chemical that—
(a) is
specified in Schedule 15, table 15.1; or
(b)
belongs to a class, type or category of hazardous chemicals specified in
Schedule 15, table 15.2;
"self-erecting tower crane" means a crane—
(a) that
is not disassembled into a tower element and a boom or jib element in the
normal course of use; and
(b)
where the erection and dismantling processes are an inherent part of the
crane's function;
"shaft" means a vertical or inclined way or opening, from the surface
downwards or from any underground working, the dimensions of which (apart from
the perimeter) are less than its depth (and in Chapter 10,
"shaft" includes a drift or horizontal shaft);
"signal word" means the word "danger" or "warning" used on a label to indicate
to a label reader the relative severity level of a hazard, and to alert the
reader to a potential hazard, under the GHS;
"silica risk control plan" means, in relation to the processing of a CSS that
is high risk, a silica risk control plan prepared under regulation 529CB;
"sintered stone" does not include a product that contains resin;
"slewing mobile crane" means a mobile crane incorporating a boom or jib that
can be slewed, but does not include—
(a) a
front-end loader; or
(b) a
backhoe; or
(c) an
excavator; or
(d)
other earth moving equipment,
when configured for crane operation;
"slinging techniques" means the exercising of judgment in relation to the
suitability and condition of lifting gear and the method of slinging, by
consideration of the nature of the load, its mass and its centre of gravity;
"specified VET course" means—
(a) in
relation to general construction induction training—the VET course Work
Safely in the Construction Industry or a corresponding subsequent VET
accredited course; or
(b) in
relation to Class A asbestos removal work—the VET course Remove
friable asbestos ; or
(c) in
relation to Class B asbestos removal work—the VET course Remove non
friable asbestos ; or
(d) in
relation to the supervision of asbestos removal work—the VET course
Supervise asbestos removal ; or
(e) in
relation to asbestos assessor work—the VET course Conduct asbestos
assessment associated with removal ; or
(f) in
relation to high risk work—the relevant VET course specified in
Schedule 4;
"steam turbine" means equipment that is driven by steam acting on a turbine or
rotor to cause a rotary motion;
"structure", in Chapter 6—see regulation 290;
"substance", in Chapter 7 Part 1, means a chemical element or
compound in its natural state or obtained or generated by a process—
(a)
including any additive necessary to preserve the stability of the element or
compound and any impurities deriving from the process; but
(b)
excluding any solvent that may be separated without affecting the stability of
the element or compound, or changing its composition;
"supplier", in relation to plant, a substance or a structure, has the same
meaning as it has in section 25 of the Act;
"surrounding area", in relation to a facility, means the area surrounding the
facility in which the health and safety of persons could potentially be
adversely affected by a major incident occurring;
"suspended scaffold" means a scaffold incorporating a suspended platform that
is capable of being raised or lowered when in use;
"technical name", in the definition of "chemical identity , means a name that
is—
(a)
ordinarily used in commerce, regulations and codes to identify a substance or
mixture, other than an International Union of Pure and Applied Chemistry or
Chemical Abstracts Service name; and
(b)
recognised by the scientific community;
"temporary work platform" means—
(a) a
fixed, mobile or suspended scaffold; or
(b) an
elevating work platform; or
(c) a
mast climbing work platform; or
(d) a
work box supported by a crane, hoist, forklift truck or other form of
mechanical plant; or
(e)
building maintenance equipment, including a building maintenance unit; or
(f) a
portable or mobile fabricated platform; or
(g) any
other temporary platform that—
(i)
provides a working area; and
(ii)
is designed to prevent a fall;
"theatrical performance" means acting, singing, playing a musical instrument,
dancing or otherwise performing literary or artistic works or expressions of
traditional custom or folklore;
"threshold quantity", in relation to a Schedule 15 chemical, means—
(a) the
threshold quantity of a specific hazardous chemical as determined under
clause 3 of Schedule 15; or
(b) the
aggregate threshold quantity of 2 or more hazardous chemicals as determined
under clause 4 of Schedule 15;
"tower crane" means—
(a) a
crane that has a boom or a jib mounted on a tower structure; and
(b) in
Schedule 3—
(i)
the crane, if a jib crane, may be a horizontal or luffing
jib type; and
(ii)
the tower structure may be demountable or permanent,
but does not include a self-erecting tower crane;
"tractor" means a motor vehicle whether wheeled or track mounted, designed to
provide power and movement to any attached machine or implement by a
transmission shaft, belt or linkage system but does not include earthmoving
machinery;
"trench" means a horizontal or inclined way or opening—
(a) the
length of which is greater than its width and greater than or equal to its
depth; and
(b) that
commences at and extends below the surface of the ground; and
(c) that
is open to the surface along its length;
"tunnel" means an underground passage or opening that—
(a) is
approximately horizontal; and
(b)
commences at the surface of the ground or at an excavation;
"UN number" has the same meaning as it has in Attachment 2 of the ADG
Code;
"vehicle hoist" means a device to hoist vehicles designed to provide access
for under-chassis examination or service;
"vehicle loading crane" means a crane mounted on a vehicle for the purpose of
loading and unloading the vehicle;
"VET course" has the same meaning as it has in the National Vocational
Education and Training Regulator Act 2011 of the Commonwealth;
"WHS management plan", in relation to a construction project, means a
management plan prepared or revised under Chapter 6 Part 4;
"winder", in Chapter 10, means any plant that is used to move, by means of 1
or more ropes, conveyances in a shaft for the transport of persons, material
or plant;
"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;
"Workplace Exposure Standards for Airborne Contaminants" means the Workplace
Exposure for Airborne Contaminants published by Safe Work Australia on its
website on 18 April 2013 as in force or remade from time to time;
"work positioning system" means any plant or structure, other than a temporary
work platform, that enables a person to be positioned and safely supported at
a location for the duration of the relevant work being carried out.