Victorian Consolidated Regulations Victorian Consolidated RegulationsS.R. No. 22/2017
Version incorporating amendments as at
1 July 2024
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Version No. 015
Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Version incorporating amendments as at
1 July
2024
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Occupational Health and Safety Regulations 2017, S.R. No. 22/2017 were made on 26 April 2017 by the Governor in Council under section 158 of the Occupational Health and Safety Act 2004, No. 107/2004 and section 52 of the Dangerous Goods Act 1985, No. 10189/1985 and come into operation as follows:
Regulations 1–376(b), 377–583, Schedules 1, 2, 3 (clauses
1–18, 20–29),
4–15, 16 (clauses 1–1.6(f),
1.7–5.4), 17 (clauses 1–10(a)), 18, 19 on 18 June 2017: regulation
3(1); regulation 376(c), clause 19 of Schedule 3, clause 1.6(g) of Schedule
16 and clause 10(b) of Schedule 17 on 18 June 2018: regulation 3(2).
The Occupational Health and Safety Regulations 2017 will sunset 10 years after the day of making on 26 April 2027 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1
January 2001 form part of that Statutory Rule. Any heading inserted in a
Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on
or after 1 January 2001, forms part of that Statutory Rule.
This includes
headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into
which an Order is divided; clauses; regulations; rules; items; tables; columns;
examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted
in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule
made on or after 1 January 2001, forms part of that Statutory Rule.
See
section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that
Statutory Rule, whether inserted in the Statutory Rule before, on or after
1
January 2001. Provision numbers include regulation numbers, rule numbers,
subregulation numbers, subrule numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
This publication incorporates amendments made to the Occupational Health and Safety Regulations 2017 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Occupational Health and Safety Regulations 2017, S.R. No. 22/2017
|
Date of Making: |
26.4.17 |
|
Date of Commencement: |
Reg. 21F inserted on 12.7.22 by S.R. No. 53/2022 reg. 5 |
|
Note: |
Reg. 21F revoked Pt 2.1A (regs 21A–21F) on 12.7.23 |
Occupational Health and Safety Amendment Regulations 2018, S.R. No. 71/2018
|
Date of Making: |
5.6.18 |
|
Date of Commencement: |
5.6.18 |
Occupational Health and Safety Amendment (Mines) Regulations 2018, S.R. No. 176/2018
|
Date of Making: |
23.10.18 |
|
Date of Commencement: |
23.10.18 |
Occupational Health and Safety Amendment (Crystalline Silica) Regulations 2019, S.R. No. 71/2019
|
Date of Making: |
20.8.19 |
|
Date of Commencement: |
20.8.19 |
Occupational Health and Safety Amendment (Crystalline Silica) Interim Regulations 2020, S.R. No. 84/2020
|
Date of Making: |
18.8.20 |
|
Date of Commencement: |
18.8.20 |
Occupational Health and Safety Amendment (Workplace Incidents Consultative Committee) Regulations 2020, S.R. No. 106/2020
|
Date of Making: |
29.9.20 |
|
Date of Commencement: |
29.9.20 |
Occupational Health and Safety Amendment Regulations 2020, S.R. No. 141/2020
|
Date of Making: |
15.12.20 |
|
Date of Commencement: |
1.1.21: reg. 3 |
Occupational Health and Safety Amendment (Crystalline Silica) Interim Regulations 2021, S.R. No. 8/2021
|
Date of Making: |
16.2.21 |
|
Date of Commencement: |
16.2.21 |
Occupational Health and Safety Amendment (Infringements and Miscellaneous Matters) Regulations 2021, S.R. No. 88/2021
|
Date of Making: |
20.7.21 |
|
Date of Commencement: |
31.7.21: reg. 3 |
Occupational Health and Safety Amendment (Major Hazard Facilities) Regulations 2021, S.R. No. 112/2021
|
Date of Making: |
31.8.21 |
|
Date of Commencement: |
1.9.21: reg. 3 |
Occupational Health and Safety Amendment (Crystalline Silica) Regulations 2021, S.R. No. 137/2021
|
Date of Making: |
9.11.21 |
|
Date of Commencement: |
15.11.21: reg. 3 |
Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022, S.R. No. 53/2022
|
Date of Making: |
5.7.22 |
|
Date of Commencement: |
12.7.22: reg. 3 |
Occupational Health and Safety Amendment (Telehandlers) Regulations 2024, S.R. No. 4/2024
|
Date of Making: |
30.1.24 |
|
Date of Commencement: |
1.7.24: reg. 3 |
Occupational Health and Safety Amendment (Incident Notification) Regulations 2024, S.R. No. 23/2024
|
Date of Making: |
9.4.24 |
|
Date of Commencement: |
1.7.24: reg. 3 |
Occupational Health and Safety Amendment (Engineered Stone Prohibition) Regulations 2024, S.R. No. 63/2024
|
Date of Making: |
25.6.24 |
|
Date of Commencement: |
1.7.24: reg. 3 |
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[1] Reg. 41: S.R. No. 68/2006. Reprint No. 4 as at 3 October 2016. Reprinted to S.R. No. 114/2016. Extended in operation by S.R. No. 4/2016.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 22/2017 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|---|---|---|
|
Regulation 5, definitions of ADG Code, "Class", Classification Code, Division, special provision and UN Number and Schedule 14 |
The Australian Code for the Transport of Dangerous Goods by Road and Rail, edition 7.5, published by the National Transport Commission in November 2016 |
The whole |
|
Regulation 5, definition of "AMBSC Code", clause 1.1(b) of Schedule 2, and clause 7 of Schedule 4. |
AMBSC Code Part 1, AMBSC Code Part 2, AMBSC Code Part 3, AMBSC Code Part 4, |
|
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|
Regulation 5, definitions of AS 2030—Gas Cylinders and gas cylinder and regulation 106(f)(i) |
AS 2030.1-2009, Gas cylinders, Part 1: General requirements, published by Standards Australia in 2009 AS 2030.2-1996, The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases, Part 2: Cylinders for dissolved acetylene, published by Standards Australia in 1996, reissued in 2000 incorporating Amendment Nos 1 and 2 AS 2030.4-1985, The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases, Part 4: Welded cylinders—Insulated, published by Standards Australia in 1985, reissued in May 1999 incorporating Amendment No. 1 AS 2030.5-2009, Gas cylinders, Part 5: Filling, inspection and testing of refillable cylinders, published by Standards Australia in 2009, incorporating Amendment No. 1 of 2015 |
The whole |
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|
Regulation 5, definition of AS 2593 and clauses 5 and 6 of Schedule 4 |
AS 2593-2004—Boilers—Safety management and supervision systems, published by Standards Australia in 2014 |
Sections 1, 2 and 3 |
|
Regulation 5, definitions of "boiler", pressure piping and pressure vessel |
AS/NZS 1200, Pressure equipment, as published by Standards Australia and Standards New Zealand on 3 December 2015 |
Appendix E |
|
Regulation 5, definitions of "boiler", pressure piping" and "pressure vessel, regulation 106(c) and (f) and clause 1.1(c) of Schedule 2 |
AS 4343-2014, Pressure equipment—Hazard levels, published by Standards Australia in 2014 |
|
|
Regulation 5, definition of Construction Industry Basic Induction training course |
Foundations for Safety Construction Industry Induction Training Agreement, with a commencement date of 1 February 2001 |
The whole |
|
Regulation 5, definition of exposure standard |
Workplace Exposure Standards for Airborne Contaminants, published by SafeWork Australia on its Internet site |
The whole |
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|
Regulation 5, definitions of "GHS", hazard category, hazard class, hazard pictogram, hazard statement, hazardous substance and precautionary statement, regulations 13(1), 17, 143(1), 145(1)(e) and Schedules 7, 8 and 14 |
Globally Harmonized System of Classification and Labelling of Chemicals, third, fourth and fifth revised editions, published by the United Nations in 2009, 2011 and 2013 respectively |
The whole |
|
Regulation 5, definition of Membrane Filter Method |
Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres, 2nd Edition, prepared by the National Occupational Health and Safety Commission and published in April 2005 |
The whole |
|
Regulation 5, definition of occupational health and safety auditor |
Procedure No. 02, Part 1, Issue 3: Requirements for Bodies Providing Audit and Certification of Occupational Health and Safety Management Systems, dated 18 August 2011, published by the Joint Accreditation System of Australia and New Zealand |
The whole |
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|
AS 1657-2013—Fixed platforms, walkways, stairways and ladders—Design, construction and installation, published by Standards Australia in 2013, incorporating Amendment No. 1 |
The whole |
|
|
Regulation 106(b) and clause 1.8 of Schedule 2 |
AS 3533.1-2009—Amusement rides and devices—Part 1: Design and construction, published by Standards Australia in 2009, reissued in 2011 incorporating Amendment No. 1 |
The whole |
|
AS/NZS 3509:2009—LP Gas fuel vessels for automotive use, published by Standards Australia and Standards New Zealand in 2009 |
The whole |
|
|
AS 2971-2007—Serially produced pressure vessels, published by Standards Australia in 2007 |
The whole |
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 71/2019 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|---|---|---|
|
Regulation 4 (inserts new regulation 319B, definition of Dust Class H Vacuum) |
AS/NZS 60335.2.69:2017 Household and similar electrical appliances—Safety—Part 2.69: Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use, published by Standards Australia on 30 June 2017 |
The whole |
|
Regulation 4 (inserts new regulation 319B, definition of respiratory protective equipment) |
AS/NZS 1716:2012—Respiratory protective devices, published by Standards Australia on 13 February 2012 |
The whole |
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 141/2020 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|---|---|---|
|
Globally Harmonized System of Classification and Labelling of Chemicals, seventh revised edition, published by the United Nations in 2017. |
The whole |
|
|
Globally Harmonized System of Classification and Labelling of Chemicals, third, fourth and fifth revised editions, published by the United Nations in 2009, 2011 and 2013 respectively. |
The whole |
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 137/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|---|---|---|
|
Regulation 5 (inserts definition of Dust Class H Vacuum into regulation 5 of the Occupational Health and Safety Regulations 2017) |
AS/NZS 60335.2.69:2017 Household and similar electrical appliances—Safety—Part 2.69: Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use, published by Standards Australia on 30 June 2017 |
The whole |
|
Regulation 5 (inserts definition of respiratory protective equipment into regulation 5 the Occupational Health and Safety Regulations 2017) |
AS/NZS 1716:2012—Respiratory protective devices, published by Standards Australia on 13 February 2012 |
The whole |