OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2007 (SR NO 54 OF 2007)

Victorian Numbered Regulations

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OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2007 (SR NO 54 OF 2007) - REG 1.1.5

Definitions

In these Regulations—

"A-weighted" means a measure using a filter designed to reflect the response of the human ear at low sound pressure levels;

"abseiling equipment" means equipment used to manually lower or raise a person in a harness or seat, supported by one or more fibre ropes and includes the equipment used to anchor or haul the rope or ropes while abseiling;

"Act compliance provision" means a provision of a kind referred to in regulation 1.1.7;

ADG Code has the same meaning as it has in the Dangerous Goods Act 1985 ;

"administrative control" means a system of work or a work procedure that is designed to eliminate or reduce a risk, but does not include—

(a) a physical control; or

(b) the use of personal protective equipment;

"air-supplied respiratory protective equipment" means a device that supplies air to the wearer from a source other than the ambient atmosphere;

"alter", in relation to plant, means to change the design of, add to, or take away from the plant in such a way that may affect health or safety, but does not include routine maintenance, repairs or replacements;

"amusement structure" means powered equipment operated for hire or reward that provides entertainment or amusement through movement of the equipment, or part of the equipment, or when passengers travel on, around or along the equipment;

"approved asbestos analyst" means an analyst approved—

(a) by NATA to perform asbestos fibre counting or to identify asbestos in samples, and to issue findings as endorsed reports under the authority of a NATA accredited laboratory; or

(b) by some other scheme determined by the Authority under regulation 1.1.6 ;

"Approved Criteria for Classifying Hazardous Substances" means the Approved Criteria for Classifying Hazardous Substances (Third Edition) declared by the National Occupational Health and Safety Commission in 2004;

AS 2030—Gas Cylinders means—

(a) AS 2030.1 The verification, filling, inspection, testing and maintenance of cylinders for storage and transport of compressed gases, Part 1: Cylinders for compressed gases other than acetylene; and

(b) AS 2030.2 The verification, filling, inspection, testing and maintenance of cylinders for storage and transport of compressed gases, Part 2: Cylinders for dissolved acetylene; and

(c) AS 2030.4 The verification, filling, inspection, testing and maintenance of cylinders for storage and transport of compressed gases, Part 4: Welded cylinders—Insulated;

asbestos means—

(a) the fibrous form of the mineral silicates belonging to any one or a combination of the serpentine and amphibole groups of rock-forming minerals, including actinolite, amosite (brown asbestos), anthophyllite, crocidolite (blue asbestos), chrysotile (white asbestos) or tremolite; or

(b) any material or object, whether natural or manufactured, that contains one or more of the mineral silicates referred to in paragraph (a);

"asbestos exposure standard" means 0·1 f/ml of air measured in a person's breathing zone and expressed as a time weighted average fibre concentration of asbestos calculated over an 8 hour working day and measured over a minimum period of 4 hours in accordance with—

(a) the Membrane Filter Method; or

(b) a method determined by the Authority under regulation 1.1.6;

"asbestos licence holder" means an employer or self-employed person who is the holder of an asbestos removal licence issued under Part 6.1 (Licences);

asbestos occupational health and safety management system means an occupational health and safety management system that is—

(a) related to asbestos removal work; and

(b) accredited or approved by JAS-ANZ or determined by the Authority under regulation 1.1.6;

asbestos paraoccupational air monitoring means air sampling to estimate the airborne asbestos fibre concentration in the occupational environment, taken at fixed locations, usually between 1 and 2 metres above floor level, in accordance with—

(a) the Membrane Filter Method; or

(b) a method determined by the Authority under regulation 1.1.6;

"asbestos register" means the asbestos register kept under regulation 4.3.21 as revised in accordance with Part 4.3 (Asbestos);

asbestos removal licence means—

(a) a Class A asbestos removal licence; or

(b) a Class B asbestos removal licence;

"asbestos removal supervisor" means a person who is appointed by an asbestos licence holder to oversee asbestos removal work in accordance with regulation 4.3.62;

"asbestos removal work", means the removal of asbestos that is fixed or installed in a building, structure, ship or plant so that the asbestos is no longer fixed or installed in that building, structure, ship or plant, up to the point of containment;

asbestos waste means asbestos removed and disposable items used during asbestos removal work or asbestos-related activities under Division 8 of Part 4.3 (Asbestos), including plastic sheeting and disposable personal protective clothing and disposable protective equipment including tools;

"asbestos-containing material" means any manufactured material or object that, as part of its design, contains one or more of the mineral silicates referred to in paragraph (a) of the definition of asbestos (other than plant in which asbestos is fixed or installed);

assessment of competency means an assessment under Division 3 of Part 3.6;

atmospheric monitoring means a procedure whereby air is sampled within the breathing zone of a person to evaluate the person's exposure to airborne contaminants;

"audiological examination" means the testing and examination of a person's ear and hearing threshold for the purpose of establishing the type and cause of any hearing disorder;

"audiometric test" means the measurement of a person's air conduction hearing threshold levels by means of an electro-acoustic instrument (audiometer), equipped with earphones, that provides pure tones of specified discrete frequencies at known hearing levels;

"Australian Qualifications Framework" has the same meaning as AQF has in the Education and Training Reform Act 2006 ;

"Australian Safety and Compensation Council" means the Australian Safety and Compensation Council as defined in section 3 of the Australian Workplace Safety Standards Act 2005 of the Commonwealth;

Note

The Australian Safety and Compensation Council succeeded the National Occupational Health and Safety Commission in February 2005.

"biological monitoring" means the measurement and evaluation of a substance, or its metabolites, in the body tissue, fluids or exhaled air of a person exposed to that substance;

blood lead level means the concentration of lead in the whole blood expressed in micromoles per litre (µmol/L);

"boiler" means a boiler as defined in AS/NZS 1200 Pressure equipment with a hazard level A, B, C or D as determined by AS 4343 Pressure equipment—Hazard levels;

"boom-type elevating work platform" means a telescoping device, hinged device, or articulated device or combination of those devices used to support, elevate and position personnel, equipment or materials by means of a platform, but does not include an industrial lift truck;

"breathing zone" means a hemisphere of 300 millimetres radius extending in front of a person's face measured from the mid-point of an imaginary straight line joining the ears;

"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

"building maintenance equipment" means a suspended platform, 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 appliance with a suspended platform, permanently installed or intended to be permanently installed on a building and specifically designed to provide access to the faces of the building for a person working from the platform;

"C-weighted" means a measure using a filter designed to reflect the response of the human ear at high sound pressure levels;

"carcinogens licence" means—

(a) a licence to use a Schedule 1 carcinogenic substance at a laboratory; or

(b) a licence to use a Schedule 2 carcinogenic substance at a laboratory; or

"chemical name", in relation to a substance, means its scientific or technical name;

"chrysotile-containing material" means asbestos-containing material that contains chrysotile asbestos;

"Class A asbestos removal licence" means a licence that permits the holder to remove asbestos of any kind as specified in the licence;

"Class B asbestos removal licence" means a licence that allows the holder to remove non-friable asbestos-containing material as specified in the licence;

"competency standard" means—

(a) in respect of winder operations, a competency standard for winder operations determined by the Authority under regulation 1.1.6;

(b) in any other case, a competency standard that is endorsed for the purposes of the National Standard for Licensing Persons Performing High Risk Work published by the Australian Safety and Compensation Council in April 2006;

concrete placing unit (truck-mounted with boom) means plant used to place concrete by way of pumping concrete through a pipeline attached to or forming part of a boom and capable of travelling over a supporting surface without the need for fixed runways;

"confined space" means a space in any vat, tank, pit, pipe, duct, flue, oven, chimney, silo, reaction vessel, container, receptacle, underground sewer or well, or any shaft, trench or tunnel or other similar enclosed or partially enclosed structure, if the space—

(a) is, or is intended to be, or is likely to be, entered by any person; and

(b) has a limited or restricted means for entry or exit that makes it physically difficult for a person to enter or exit the space; and

(d) contains, or is intended to contain, or is likely to contain—

(i) an atmosphere that has a harmful level of any contaminant; or

(ii) an atmosphere that does not have a safe oxygen level; or

(iii) any stored substance, except liquids, that could cause engulfment—

but does not include a shaft, trench or tunnel that is a mine or is part of the workings of a mine;

"confined space entry permit" means a confined space entry permit issued by an employer in accordance with regulation 3.4.14;

"construction excavation", in Part 5.1 (Construction), means―

(a) a trench if the excavated depth is more than 1·5 metres;

(b) a shaft if the excavated depth is more than 2 metres;

"Construction Industry Basic Induction training course" means the Construction Industry Basic Induction training course conducted under the auspices of the tripartite industry forum, Foundations for Safety Construction Industry Training Agreement commencing 1 February 2001;

construction induction training means a unit of competency of general occupational health and safety induction training to the construction industry endorsed or accredited under the Australian Qualifications Framework;

construction project means a project involving construction work and includes preparation and planning of the proposed construction work;

"construction RTO" means an RTO whose registration allows delivery of—

(a) construction induction training; or

(b) the Construction Industry Basic Induction training course;

construction statement of attainment means a certification issued by a construction RTO stating that the person to whom it is issued has completed—

(a) construction induction training; or

(b) the Construction Industry Basic Induction training course—

but does not include a certification issued by a construction RTO, or an RTO in a class of construction RTOs, determined by the Authority under regulation 1.1.6, if the certification is issued after the determination takes effect;

construction work has the meaning given by regulation 5.1.2 ;

consumer package means a package that is intended for retail display and sale;

"container", in Part 4.1 (Hazardous Substances), means anything in or by which a hazardous substance is or has been wholly or partly encased, covered, enclosed, contained or packed (whether empty, partially full or full) but does not include—

(a) the fuel tank of a vehicle; or

(b) a tank or bulk container within the meaning of the ADG Code;

contaminant means any substance that may be harmful to health or safety;

"conveyor" means equipment 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

(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 super structure, gear and auxiliary equipment used in connection with that equipment;

"Country Fire Authority" has the same meaning as Authority has in the Country Fire Authority Act 1958 ;

"crane" means an appliance intended for raising or lowering a load and moving it horizontally and includes the supporting structure of the crane and its foundations, but does not include an industrial lift truck, earthmoving machinery, an amusement structure, a tractor, an industrial robot, a conveyor, building maintenance equipment, a suspended scaffold or a lift;

"current MSDS", in relation to a hazardous substance, means the Material Safety Data Sheet prepared for that substance by the manufacturer or importing supplier of the substance under regulation 4.1.5(1) or equivalent legislation, and if the Material Safety Data Sheet has been revised by the manufacturer or importing supplier of the substance, the Material Safety Data Sheet as revised;

"dangerous goods" means dangerous goods within the meaning of the Dangerous Goods Act 1985 ;

"decommissioning", in relation to plant, includes performing necessary adjustments, tests and inspections before the plant ceases operation and during the process of ceasing operation;

"demolition", in Part 5.1 (Construction), means the complete or partial dismantling of a structure by planned and controlled methods or procedures;

"domestic premises" means domestic premises used solely for domestic purposes;

"earthmoving machinery" means 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 or a vehicle designed to be used primarily as a means of transport on public roads;

"emergency procedures", in Part 3.4 (Confined Spaces), means the procedures established by an employer under regulation 3.4.20;

emergency service means—

(a) the Country Fire Authority; or

(b) the Metropolitan Fire and Emergency Services Board; or

(d) Rural Ambulance Victoria; or

(e) the Victoria State Emergency Service Authority; or

(f) Victoria Police;

"emergency service employee" means—

(a) an officer or member of a metropolitan fire brigade; or

(b) an officer or member of an urban fire brigade or rural fire brigade within the meaning of the Country Fire Authority Act 1958 ; or

(d) an employee of Rural Ambulance Victoria; or

(e) a member of the Victoria State Emergency Service; or

(f) an officer or other member of Victoria Police—

but does not include a volunteer;

Note

Section 23 of the Act requires the employer to ensure, so far as is reasonably practicable, that persons, other than employees of the employer, are not exposed to risks to their health or safety. This includes volunteers.

"emergency work", in Part 5.1 (Construction), means work that is required to be immediately undertaken to rectify an unexpected breakdown of an essential service (including gas, water, sewerage, electricity and telecommunications) to enable continuance of that service;

"employer's asbestos register" means the employer's asbestos register kept under regulation 4.3.29 as revised in accordance with Part 4.3 (Asbestos);

engineering control means a physical control of any kind that is designed to eliminate or reduce a risk, but does not include—

(a) a system of work or procedure; or

(b) the use of personal protective equipment;

"equivalent legislation" means legislation of another State or Territory or the Commonwealth relating to the use of hazardous substances at a workplace;

"evidence of licence document", in relation to a licence, means the document given to the licence holder by the Authority under regulation 6.1.7 , and includes any replacement document issued under Part 6.1 (Licences);

"explosive-powered tool" means an implement used to drive fasteners (including nails, bolts and screws) against, into or through material by means of explosive charges, and includes every attachment to and accessory of that implement but does not include a firearm within the meaning of the Firearms Act 1996 ;

exposure standard means an airborne concentration of a particular substance in a person's breathing zone, as set out in the HSIS;

facility means any building or other structure on land —

(a) that is a workplace; and

(b) at which Schedule 9 materials are present or likely to be present for any purpose;

"fall", in Part 3.3 (Prevention of Falls), means a person's involuntary fall of more than 2 metres;

"fall arrest system" means equipment or material or a combination of equipment and material that is designed to arrest the fall of a person;

Example

Industrial safety net, catch platform or safety harness system (other than a travel restraint system).

"fatigue", in relation to an employee at a mine, means an acute or ongoing state of tiredness that exposes the employee or any other person at the mine to a risk to health or safety;

"friable" means, when dry—

(a) may be crumbled, pulverised or reduced to powder by hand pressure; or

(b) as a result of a work process becomes such that it may be crumbled, pulverised or reduced to powder by hand pressure;

"f/ml" means fibres per millilitre;

"gantry crane" means a crane that—

(a) consists of a bridge beam or beams that are supported at one or both ends by legs mounted to end carriages; and

(b) is capable of travelling along runways; and

"gas cylinder" means a rigid vessel not exceeding 3000 litres water capacity and without openings or integral attachments on the shell other than at the ends, designed for the storage and transport of gas under pressure and to which AS 2030—Gas Cylinders applies;

Note

See the definition of AS 2030—Gas Cylinders which encompasses AS 2030.1, AS 2030.2 and AS 2030.4.

"generic name", in relation to a substance, means a name that describes the category or group of chemicals to which the substance belongs;

"glove bag" means a single-use bag constructed from transparent, heavy duty polyethylene with built-in arms and access ports;

"hazardous manual handling" means—

(a) manual handling having any of the following characteristics—

(i) repetitive or sustained application of force;

(ii) repetitive or sustained awkward posture;

(iii) repetitive or sustained movement;

(iv) application of high force being an activity involving a single or repetitive use of force that it would be reasonable to expect that a person in the workforce may have difficulty undertaking;

Example

The force required to lift or otherwise handle heavy weights, to push or pull objects that are hard to move, to operate tools that require the use of 2 hands to exert sufficient force but that are designed for one hand or to operate tools that require squeezing of grips that are wide apart.

(v) exposure to sustained vibration;

(b) manual handling of live persons or animals;

"hazardous substance" means a substance that—

(a) is listed on the HSIS and the concentration of the substance or its ingredients equals or exceeds the concentration cut-off levels listed on the HSIS that relate to health effects; or

(b) meets the criteria for a hazardous substance set out in the Approved Criteria for Classifying Hazardous Substances;

"Hazchem Code "has the same meaning as in the ADG Code;

"health surveillance" means health monitoring, which may include audiometric testing, medical examinations (including audiological examinations) and biological monitoring;

"hearing protector" means a device that is designed for the purpose of protecting a person's hearing and that—

(a) is inserted into the ear canal; or

(b) covers the ear canal entrance; or

HEPA filter means a high efficiency particulate air filter that is a disposable, extended media, dry type filter, in a rigid frame, with a minimum filtration efficiency of 99·97% filtration for nominal 0·3 micrometres (µm) diameter thermally generated dioctylphthalata particles or an equivalent efficiency for a specified alternative aerosol and with an initial maximum resistance to airflow of 250 pascals when tested at its rated airflow capacity;

high risk construction work has the meaning given by regulation 5.1.3;

"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;

"hire", in Part 3.5 (Plant), does not include hire under a hire-purchase agreement or hire-purchase contract;

"hoist" means an appliance intended for raising or lowering a load or people, and includes a mast climbing work platform, personnel and materials hoist, scaffolding hoist and serial hoist but does not include a lift or building maintenance equipment;

HSIS means the Hazardous Substances Information System published by the Australian Safety and Compensation Council on its Internet site;

"importing supplier", in relation to a substance, means a person who first supplies or intends to first supply the substance in Victoria for use at a workplace but does not include—

(a) a person who manufactures the substance in Victoria; or

(b) a wholesaler or retailer who has been supplied with that substance by another supplier in Victoria; or

"independent person", in Part 4.3 (Asbestos), means a person who is independent from the asbestos licence holder and from the person who commissioned the work;

"industrial lift truck" means a powered appliance comprising a mast with an elevating carriage to which a pair of fork arms or other load holding attachment is attached and includes—

(a) a truck on which the operator is raised with the attachment for order-picking; and

(b) a truck where the frame and lift unit straddle, raise, lower, move or stack the load—

but does not include a 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;

"industrial rope access system" means a system designed for the purpose of performing work on a building or structure by a person and consists of—

(a) equipment that enables a person to manually raise or lower himself or herself in a harness or seat supported by one or more fibre ropes; and

(b) equipment used to anchor the ropes;

ingredient means any component of a substance (including impurities);

"JAS-ANZ" means the Joint Accreditation System of Australia and New Zealand;

"laboratory" means a building, room or designated area where a scheduled carcinogenic substance is used for—

(a) scientific analysis or investigation; or

(b) research; or

laser means plant that produces a beam of electromagnetic radiation in the wavelength range from 100 nanometres to 1 millimetre and that is used for cutting, alignment, scanning or measurement, but does not include plant that produces light beams at these wavelengths for the primary purpose of illumination;

lead means lead metal, lead alloys or inorganic lead compounds (including lead salts of organic acids);

"lead exposure standard" means the maximum airborne concentration of lead dust, lead mist or lead fumes referred to in regulation 4.4.10(1) ;

lead process has the meaning given by regulation 4.4.2;

lead-risk job has the meaning given by regulation 4.4.17;

"licence" means—

(a) a high risk work licence; or

(b) an asbestos removal licence; or

(d) a major hazard facility licence;

"licence assessor" means a person—

(a) who is authorised under regulation 8.2.6 to carry out one or more types of assessment of competency; or

(b) who is authorised by the Authority under regulation 3.6.11 to carry out assessments of competency in respect of one or more classes of high risk work;

"licence holder", in relation to a major hazard facility licence, means—

(a) the person who was granted the licence, unless that person has transferred the licence; or

(b) if the licence has been transferred, the last person to whom the licence was transferred;

"lift" means permanent plant or plant intended to be permanently installed in or attached to a building or 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 an escalator, moving walk and stairway lift;

"local community", in relation to a major hazard facility, means—

(a) persons who reside in; and

(b) persons who have the management or control of workplaces, or of places where persons gather for recreational, cultural or sporting purposes, located in —

the area surrounding the major hazard facility, as indicated on the map forming part of the emergency plan for the major hazard facility prepared in accordance with clause 1.2 of Schedule 11;

"major hazard facility" means —

(a) a facility where Schedule 9 materials are present or likely to be present in a quantity exceeding their threshold quantity; or

(b) a facility determined by the Authority to be a major hazard facility under regulation 5.2.29;

"major hazard facility licence" means a licence to operate a major hazard facility;

"major incident" means an uncontrolled incident, including an emission, loss of containment, escape, fire, explosion or release of energy, that —

(a) involves Schedule 9 materials; and

(b) poses a serious and immediate risk to health and safety;

major incident hazard means any activity, procedure, plant, process, substance, situation or any other circumstance that could cause, or contribute to causing, a major incident;

"major mining hazard" means a mining hazard that has the potential to cause an incident that would cause, or pose a significant risk of causing, more than one death;

"manual handling" means any activity requiring the use of force exerted by a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any object;

mast climbing work platform means plant with a working platform used to support and elevate personnel, equipment and materials by means of a drive system that moves along an extendable mast but does not include a lift or building maintenance equipment;

"Membrane Filter Method" means the method for estimating airborne asbestos fibres in accordance with the "Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres" prepared by the National Health and Safety Commission and published in 2005;

"Metropolitan Ambulance Service" has the same meaning as in the Ambulance Services Act 1986 ;

Metropolitan Fire and Emergency Services Board has the same meaning as Board has in the Metropolitan Fire Brigades Act 1958 ;

mine has the meaning given by regulation 5.3.1;

"mine modification", in Part 5.3 (Mines), in relation to a mine, means a change to any workings, processes or plant, including the introduction of new workings, processes or plant, that has the effect of —

(a) creating a mining hazard that has not previously been identified; or

(b) increasing the risk associated with a mining hazard;

mining hazard has the meaning given by regulation 5.3.2 ;

"mobile crane" means a crane capable of travelling over a supporting surface without the need for fixed runways;

"modification", in Part 5.2 (Major Hazard Facilities), in relation to a major hazard facility, includes —

(a) a change to any plant, processes or substances used in processes, including the introduction of new plant, processes or substances;

(b) a change to the quantity of Schedule 9 materials present or likely to be present, including the introduction of any new Schedule 9 materials;

(d) a change to the Safety Management System —

that has the effect of —

(e) creating a major incident hazard that has not previously been identified; or

(f) increasing the likelihood of a major incident occurring; or

(g) in relation to any major incident that might occur, increasing —

(i) its magnitude; or

(ii) the severity of its consequences to persons both on-site and off-site;

"MSDS", in relation to a hazardous substance, means a Material Safety Data Sheet required to be prepared for that substance under regulation 4.1.5 or prepared for that substance by the manufacturer or the importing supplier in accordance with equivalent legislation;

"musculoskeletal disorder" means an injury, illness or disease that arises in whole or in part from manual handling in the workplace, whether occurring suddenly or over a prolonged period of time, but does not include an injury, illness or disease that is caused by crushing, entrapment or cut resulting primarily from the mechanical operation of plant;

"NATA" means the National Association of Testing Authorities (Australia);

National Model Regulations for the Control of Scheduled Carcinogenic Substances means the National Model Regulations for the Control of Scheduled Carcinogenic Substances published by the National Occupational Health and Safety Commission in 1995;

National Model Regulations for the Control of Workplace Hazardous Substances means the National Model Regulations for the Control of Workplace Hazardous Substances published by the National Occupational Health and Safety Commission in 1994;

negative air enclosure means an enclosed asbestos removal area that is maintained under negative air pressure to approximately 12 pascals;

"noise exposure standard" means—

(a) the 8 hour equivalent continuous sound pressure level of 85dB(A) measured in A-weighted decibels referenced to 20 micropascals at an employee's ear position; or

(b) the C-weighted peak hold sound pressure level reading of 140dB(C) measured in decibels referenced to 20 micropascals at an employee's ear position;

"object", in Part 3.1 (Manual Handling) and the definition of "manual handling", includes an inanimate or animate object, plant and any substance or material contained by an object;

"occupational health and safety auditor" means a person who has the knowledge, experience and skills required for an occupational health and safety auditor under JAS-ANZ Procedure No. 02 Issue No. 2 dated 14 December 2001 General Requirements for Bodies Operating Assessment and Certification of Occupational Health and Safety Management Systems;

operator means—

(a) in Part 5.2 (Major Hazard Facilities), in relation to a facility, the employer who has management or control of the facility; and

(b) in Part 5.3 (Mines), in relation to a mine (including a prescribed mine), the employer who has management or control of the mine;

"operator protective device" includes roll-over protective structure, falling object protective structure, operator restraining device and seat belt;

"passive fall prevention device" means material or equipment, or a combination of material and equipment, that is designed for the purpose of preventing a fall, and that, after initial installation, does not require any ongoing adjustment, alteration or operation by any person to ensure the integrity of the device to perform its function;

Example

Temporary work platform, roof safety mesh or guard railing.

"perform", in relation to work, includes carry out;

"person who commissioned the work" means the person managing or controlling a workplace or the employer who arranged for asbestos removal work to be performed;

"personal protective equipment" includes respiratory protective equipment and personal protective clothing;

"powered mobile plant" means plant that is provided with some form of self propulsion that is ordinarily under the direct control of an operator;

"presence-sensing safeguarding system" includes—

(a) a sensing system that—

(i) is an electro-sensitive or pressure sensitive system that employs optoelectronic or pressure sensitive devices to perform a sensing and control function; or

(ii) uses other technologies to perform a sensing and a control function; 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;

prescribed mine has the meaning given by regulation 5.3.3;

"pressure equipment" means boilers, pressure vessels and pressure piping;

"pressure piping" means pressure piping as defined in AS/NZS 1200 Pressure equipment, with a hazard level A, B, C or D as determined by AS 4343 Pressure equipment—Hazard levels, but does not include pressure piping that is regulated under—

(a) the Gas Safety Act 1997 ; or

(b) the Petroleum Act 1998 ; or

(d) the Water Industry Act 1994 ; or

(e) the Pipelines Act 2005 ; or

(f) any other Act (other than the Occupational Health and Safety Act 2004 ) that imposes statutory controls over pressure piping comparable to those listed in paragraphs (a) to (e);

"pressure vessel" means—

(a) a pressure vessel as defined in AS/NZS 1200 Pressure equipment, with a hazard level A, B, C or D as determined by AS 4343 Pressure equipment—Hazard levels; or

(b) a fired heater;or

but does not include a boiler or pressure piping;

principal contractor has the meaning given by regulation 5.1.14 ;

process review has the meaning given by regulation 6.3.2 ;

"product name", in relation to a hazardous substance, means the brand name or trade name given to the substance by the manufacturer or supplier of the substance;

Note

A supplier includes an importing supplier.

"published technical standard" means a document that gives technical information, guidance or advice on plant, that is published by—

(a) a corresponding Authority; or

(b) Standards Australia; or

(d) the International Organisation for Standardisation (ISO)—

or another organisation with substantially equivalent objectives in relation to the publication of technical information, guidance or advice on plant as any of those organisations;

"recognised evidence of construction induction training" means evidence of general occupational health and safety training to the construction industry completed outside Victoria and recognised by the corresponding Authority where the training was completed but does not include evidence of a class determined by the Authority under regulation 1.1.6 if the training is completed after the determination takes effect;

"registered major hazard facility" means a major hazard facility registered under Part 6.2 (Registration);

"registered medical practitioner" means a registered medical practitioner within the meaning of the Health Professions Registration Act 2005 ;

"relevant employee", in Part 3.4 (Confined Spaces), means—

(a) any employee required to enter a confined space; or

(b) any employee who has any function in relation to work in a confined space or the emergency procedures established under regulation 3.4.20, but who is not required to enter the space; or

"relevant occupational health and safety legislation" means—

(a) the Act or any regulations made under the Act;

(b) the Occupational Health and Safety Act 1985 or any regulations made under that Act;

(d) the Equipment (Public Safety) Act 1994 or any regulations made under that Act;

(e) any equivalent Act of another Australian jurisdiction or any regulations made under such an Act;

"retail warehouse operator" means a person who operates a warehouse where packaged goods intended for retail sale are held on the premises;

"retailer", in relation to a substance, means a person who supplies that substance to another person otherwise than for re-supply;

reviewable decision has the meaning given by regulation 6.3.1 ;

"risk phrase", in relation to a hazardous substance, means a phrase that describes the hazards of a substance—

(a) as listed for the substance on the HSIS; or

(b) as provided in Appendix III of the Approved Criteria for Classifying Hazardous Substances;

"roll-over protection" means a structure to protect the operator of a tractor against injury as a result of the tractor rolling over in any direction;

RTO means a training organisation registered on the State Register and National Register under Chapter 4 of the Education and Training Reform Act 2006 ;

"Rural Ambulance Victoria" means the ambulance service created as Rural Ambulance Victoria by Order in Council under section 23 of the Ambulance Services Act 1986 , dated 2 February 1999 and published in the Government Gazette on 4 February 1999, pages 212 and 213;

"safe oxygen level" means an oxygen content in air under normal atmospheric pressure that—

(a) is equal to or greater than 19·5% by volume (equivalent to a partial pressure of oxygen of 19·8 kilopascals); but

(b) is equal to or less than 23·5% by volume (equivalent to a partial pressure of oxygen of 23·9 kilopascals);

safe work method statement has the meaning given by regulation 5.1.5;

Safety Assessment means—

(a) in Part 5.2 (Major Hazard Facilities), a Safety Assessment conducted under regulation 5.2.7; or

(b) in Part 5.3 (Mines), a Safety Assessment conducted under regulation 5.3.23;

"Safety Case "means a Safety Case prepared or revised under Division 4 of Part 5.2 (Major Hazard Facilities);

Safety Management System means—

(a) in Part 5.2 (Major Hazard Facilities), a Safety Management System established under regulation 5.2.5; or

(b) in Part 5.3 (Mines), a Safety Management System established under regulation 5.3.21;

"safety phrase", in relation to a hazardous substance, means a phrase that describes the precautions to be taken for the safe use of the substance—

(a) as listed for the substance on the HSIS; or

(b) as provided in Appendix III of the Approved Criteria for Classifying Hazardous Substances;

"scaffold", in Part 3.5 (Plant) and the definition of "suspended scaffold", means a temporary structure specifically erected to support access or working platforms;

Schedule 1 carcinogenic substance means a substance (or any of its salts) listed in Schedule 1 to the National Model Regulations for the Control of Scheduled Carcinogenic Substances used—

(a) as a pure substance; or

(b) in a mixture containing 0·1% or more of that substance, determined as a weight/weight (w/w) concentration for solids or liquids and a volume/volume (v/v) concentration for gases—

but does not include amosite or crocidolite as listed in that Schedule;

Schedule 2 carcinogenic substance means—

(a) benzene as listed in Schedule 2 to the National Model Regulations for the Control of Scheduled Carcinogenic Substances; and

(b) any other substance (or any of its salts) listed in that Schedule used—

(i) as a pure substance; or

(ii) in a mixture containing 0·1% or more of that substance, determined as a weight/weight (w/w) concentration for solids or liquids and a volume/volume (v/v) concentration for gases—

but does not include chrysotile or cyclophosphamide as listed in that Schedule;

Schedule 9 material means a material mentioned in Table 1 of Schedule 9 or a material that belongs to one or more of the types, classes and categories mentioned in Table 2 of Schedule 9;

"scheduled carcinogenic substance" means a Schedule 1 carcinogenic substance or a Schedule 2 carcinogenic substance;

"self-erecting tower crane" means a tower crane where—

(a) the tower structure and boom or jib elements are not disassembled into component sections; and

(b) the crane can be transported between sites as a complete unit; and

"shaft" means—

(a) in Part 5.1 (Construction), a vertical or inclined way or opening from the surface downwards or from any underground working and the dimensions of which (excluding the perimeter) are less than its depth;

(b) in Part 5.3 (Mines), any opening extending downwards from the surface or from a location underground that —

(i) has an inclination to the horizontal of more than 15 degrees; and

(ii) is used for the purposes of raising or lowering persons or materials or for the intake or outlet of ventilation;

"shaft conveyance" means a cage, skip, kibble or other contrivance in or on which people ride up or down a shaft, but does not include any attachments to that cage, skip, kibble or other contrivance;

"signal words" means words such as "dangerous poison", "poison", "warning", "danger" or "caution" that are clearly and prominently displayed on labels of substances to indicate the relative severity of the hazard;

"sound power level" means the total sound energy radiated per unit time, measured as decibels referenced to 1 picowatt using octave bands or an A-weighting;

"sound pressure level "expressed in decibels, means the pressure fluctuations in air calculated as 20 times the logarithm to the base 10 of the ratio of the root mean square sound pressure (in pascals) to the reference sound pressure of 20 micropascals;

"statement of attainment" means a certification issued by an RTO stating that the person to whom it is issued has achieved—

(a) part of a qualification; or

(b) one or more units of competency—

that meets or meet a competency standard, but does not include a certification issued by an RTO, or an RTO in a class of RTOs, determined by the Authority under regulation 1.1.6 if the certification is issued after the determination takes effect;

"structure", in Part 4.3 (Asbestos), means any construction, including a bridge, tunnel, shaft, dam, pipe or access pit, or any part of a construction but does not include a building, ship or plant;

"suspended scaffold" means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use;

"task", in Part 3.3 (Prevention of Falls), includes moving to and from a task;

"temporary access equipment" means—

(a) abseiling equipment; or

(b) a work box; or

(d) equipment incorporating a harness that is used or intended to be used to arrest the fall of a person wearing the harness;

"temporary work platform" means—

(a) a fixed, mobile or suspended scaffold; or

(b) an elevating work platform; or

(d) a work box supported and suspended 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 provides a working area for the duration of work performed at height and that is designed to prevent a fall;

"the Act" means the Occupational Health and Safety Act 2004 ;

"theatrical performance" means acting, singing, playing a musical instrument, dancing, or otherwise performing literary or artistic works or expressions of folklore;

"threshold quantity", in relation to Schedule 9 materials, means the threshold quantity for those materials determined in accordance with Schedule 9;

"tower crane" means a boom or jib crane mounted on a tower structure;

"tractor" means a powered vehicle primarily designed to haul and provide power for agricultural or horticultural machinery or implements by way of a power-takeoff rotating shaft or other mechanical means, but does not include earthmoving machinery or a passenger vehicle;

"travel restraint system" means equipment that is worn by or attached to a person and is designed for the purpose of physically restraining a person from reaching an edge or elevated surface from which he or she may fall;

Example

A system in which a harness or belt is attached to one or more lanyards, each attached in turn to a static line or anchorage point.

"trench", in Part 5.1 (Construction), means a horizontal or inclined way or opening commencing at and extending below the surface of the ground and open to the surface along its length, the length of which is greater than its width and greater than or equal to its depth, and is used or to be used for the laying, removal or repair of a pipe or cable;

"tunnel", in Part 5.1 (Construction), means an underground passage or opening in an approximate horizontal plane and which begins at the surface or from an excavation of any sort;

"turbine" means a rotary motor or engine driven by a flow of water, steam or gas primarily intended for the production of electricity;

"Type I ingredient", in relation to a hazardous substance, means a Type I ingredient within the meaning of Schedule 1 to the National Model Regulations for the Control of Workplace Hazardous Substances;

"Type II ingredient", in relation to a hazardous substance, means a Type II ingredient within the meaning of Schedule 1 to the National Model Regulations for the Control of Workplace Hazardous Substances;

"Type III ingredient", in relation to a hazardous substance, means a Type III ingredient within the meaning of Schedule 1 to the National Model Regulations for the Control of Workplace Hazardous Substances;

"type of asbestos-containing material" means a description of asbestos-containing material;

Example

Asbestos-containing cement sheeting, cement pipes, vinyl tiles, sprayed insulation, telecommunications pits and pipes, pipe lagging, millboard and gaskets.

"unprotected edge" means the edge of a surface from which there is a horizontal gap, void or space of more than 300 millimetres and which is not provided with a barrier to prevent a fall;

"Victoria Police" has the same meaning as the force has in the Police Regulation Act 1958 ;

"Victoria State Emergency Service" means the Service continued by the Victoria State Emergency Service Act 2005 ;

"Victoria State Emergency Service Authority" means the Authority established under the Victoria State Emergency Service Act 2005 ;

"wholesaler", in relation to a substance, means a person who supplies that substance for the purpose of re-supply;

"winder" means an electrical or compressed air or hydraulic or other power driven unit, single or multi drum, which by use of ropes, sheave wheels and a shaft conveyance, is used to raise or lower people or materials from level to level and includes a friction winder;

"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;

"work in a confined space" means work in a confined space by an employee and includes entry to and exit from a confined space by an employee;

"workpiece" means material, off-cut or scrap (in any form) on which an item of plant is doing work, or material, off-cut or scrap (in any form) produced by an item of plant but does not include a load being lifted or moved by the plant;

"work positioning system" means—

(a) an industrial rope access system; or

(b) a travel restraint system; or

(c) any other equipment, other than a temporary work platform, that enables a person to be positioned and safely supported at a work location for the duration of the task being undertaken at height.

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