WORK HEALTH AND SAFETY ( GENERAL ) REGULATIONS 2022

Western Australian Current Regulations

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WORK HEALTH AND SAFETY ( GENERAL ) REGULATIONS 2022

TABLE OF PROVISIONS

CHAPTER 1 -- Preliminary

PART 1.1 -- Introductory matters

1. Citation
2. Commencement
3. Not used
4. Not used
5. Terms used
6. Determination of safety management system
6A. Corresponding WHS laws prescribed
7. Meaning of person conducting a business or undertaking: persons excluded
8. Meaning of supply
9. Provisions linked to health and safety duties in Act

PART 1.2 -- Application

10. Non‑application of regulations to mines and petroleum and geothermal energy operations
11. Application of regulations
12. Assessment of risk in relation to a class of hazards, tasks, circumstances or things

PART 1.3 -- Incorporated documents

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

CHAPTER 2 -- Representation and participation

PART 2.1 -- Representation

Division 1 -- Work groups

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

Division 2 -- Health and safety representatives

18. Procedures for election of health and safety representatives
19. Person conducting business or undertaking must not delay election
20. Removal of health and safety representatives
20A. Notice of entry for person assisting health and safety representative
21. Training for health and safety representatives

PART 2.2 -- Issue resolution

22. Agreed procedure: minimum requirements
23. Default procedure

PART 2.3 -- Cessation of unsafe work

24. Continuity of engagement of worker

PART 2.4 -- Not used

25. Not used
26. Not used
27. Not used
28. Not used
29. Not used
30. Not used
31. Not used

CHAPTER 3 -- General risk and workplace management

PART 3.1 -- Managing risks to health and safety

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

PART 3.2 -- General workplace management

Division 1 -- Information, training and instruction

39. Provision of information, training and instruction

Division 2 -- General working environment

40. Duty in relation to general workplace facilities
41. Duty to provide and maintain adequate and accessible facilities
41A. Duty to protect from extremes of heat and cold
41B. Duty to provide adequate seating

Division 3 -- First aid

42. Duty to provide first aid

Division 4 -- Emergency plans

43. Duty to prepare, maintain and implement emergency plan

Division 5 -- Personal protective equipment

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

Division 6 -- Remote or isolated work

48. Remote or isolated work

Division 7 -- Managing risks from airborne contaminants

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

Division 7A -- Protection from tobacco smoke

50A. Terms used
50B. Meaning of enclosed workplace
50C. Assessment of notional vertical surface area
50D. Persons not to smoke in enclosed workplace
50E. Defence to r. 50D: smoking in private vehicle or residence
50F. Defence to r. 50D: smoking by actor in a performance
50G. Certain persons to give notice of smoking restrictions
50H. Inspectors may require certain persons to extinguish tobacco products
50I. Exposure to secondhand smoke

Division 8 -- Hazardous atmospheres

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

Division 9 -- Storage of flammable or combustible substances

53. Flammable and combustible material not to be accumulated

Division 10 -- Falling objects

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

Division 11 -- Psychosocial risks

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

Division 12 -- Directed medical examinations

55E. Meaning of medical examination notice
55F. Regulator may direct medical examination of workers
55G. Worker to choose registered medical practitioner
55H. Person conducting business or undertaking must comply with medical examination notice
55I. Duties of registered medical practitioner conducting examination
55J. Regulator must inform person conducting business or undertaking
55K. Person conducting business or undertaking must ensure confidentiality of medical examination results

CHAPTER 4 -- Hazardous work

PART 4.1 -- Noise

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

PART 4.2 -- Hazardous manual tasks

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

PART 4.3 -- Confined spaces

Division 1 -- Preliminary

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

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

64. Duty to eliminate or minimise risk

Division 3 -- Duties of person conducting business or undertaking

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

PART 4.4 -- Falls

78. Management of risk of fall
79. Specific requirements to minimise risk of fall
79A. Duties of certain persons as to holes or openings in floors
80. Emergency and rescue procedures

PART 4.5 -- High risk work

Division 1 -- Licensing of high risk work

Subdivision 1 -- Requirement to be licensed

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

Subdivision 2 -- Licensing process

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

Subdivision 3 -- Amendment of licence document

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

Subdivision 4 -- Renewal of high risk work licence

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

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

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

Division 2 -- Accreditation of assessors

Subdivision 1 -- Requirement to be accredited

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

Subdivision 2 -- Accreditation process

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

Subdivision 3 -- Amendment of accreditation document

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

Subdivision 4 -- Renewal of accreditation

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

Subdivision 5 -- Suspension and cancellation

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

Subdivision 6 -- Agreements with RTOs

141. Regulator may enter into agreement with RTO
141A. RTO to retain records

PART 4.6 -- Demolition work

Division 1 -- Not used

142. Not used

Division 2 -- Conduct of demolition work

142A. Application of Division
142B. Requirement to hold Class 1 demolition licence
142C. Requirement to hold demolition licence to carry out Class 2 demolition work
142D. Demolition work must be conducted by competent persons
142E. Demolition work must be supervised by nominated supervisor
142F. Regulator to be notified of proposed Class 1 or 2 demolition work in accordance with standard
142G. Application for approval of regulator for proposed Class 1 or 2 demolition work not in accordance with standard
142H. Regulator’s functions as to application under r. 142G
142I. Class 1 or 2 demolition work not to be done without notification or approval or until conditions set
142J. Demolition work other than Class 1 or 2 demolition work to be in accordance with standard
142K. Class 1 or 2 demolition work to be in accordance with standard or approval
142L. Documents to be kept at demolition workplace
142M. Requirements for scaffold used in demolition work

PART 4.6A -- Licensing of demolition work

Division 1 -- Licensing process

142N. Application for demolition licence
142O. Nomination of supervisor
142P. Regulator may request examination
142Q. Additional information
142R. Decision on application
142S. Matters to be taken into account
142T. Refusal to grant licence: process
142U. Conditions of licence
142V. Duration of licence
142W. Licence document
142X. Licence document to be available

Division 2 -- Amendment of licence and licence document

143. Changes to information
143A. Change to nominated supervisor
143B. Amendment imposed by regulator
143C. Amendment on application by licence holder
143D. Minor amendments to licence
143E. Regulator to give amended licence to the holder
143F. Licence holder to return licence
143G. Replacement licence document
143H. Voluntary surrender of licence

Division 3 -- Renewal of licence

143I. Regulator may renew licence
143J. Application for renewal
143K. Provisions relating to renewal of licence
143L. Renewal of demolition licence: regulator to be satisfied about certain matters
143M. Status of licence during review

Division 4 -- Suspension and cancellation of licence

143N. Suspension or cancellation of licence
143O. Matters taken into account
143P. Notice to and submissions by licence holder
143Q. Notice of decision
143R. Immediate suspension
143S. Licence holder to return licence document
143T. Regulator to return licence document after suspension

PART 4.7 -- General electrical safety in workplaces and energised electrical work

Division 1 -- Preliminary

144. Meaning of electrical equipment
145. Meaning of electrical installation
146. Meaning of electrical work
146A. References to electricity distributor in AS/NZS 3012:2010

Division 2 -- General risk management

147. Risk management

Division 3 -- Electrical equipment and electrical installations

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

Division 4 -- Electrical work on energised electrical equipment

152. Electrical work
153. Work in roof spaces
154. Not used
155. Not used
156. Not used
157. Not used
158. Not used
159. Not used
160. Not used
161. Not used
162. Not used

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

163. Duty of person conducting business or undertaking

Division 6 -- Residual current devices

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

Division 7 -- Overhead and underground electric lines

166. Duty of person conducting a business or undertaking: underground electric lines
166A. Duty of person conducting a business or undertaking: overhead electric lines

PART 4.8 -- Diving work

Division 1 -- Preliminary

167. Purpose of PART

Division 2 -- General diving work: fitness and competence of worker

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

Division 3 -- Managing risks: general diving work

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

Division 4 -- High risk diving work

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

PART 4.10 -- Driving commercial vehicles

184B. Application of Part
184C. Terms used
184D. Commercial vehicle driver: duties
184E. Commercial vehicle driver: hours of work
184F. Requirement for driver fatigue management plan
184G. Record of commercial vehicle drivers’ time

CHAPTER 5 -- Plant and structures

PART 5.1 -- General duties for plant and structures

Division 1 -- Preliminary

185. Application of Part to plant
186. Application of Part to structures

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

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

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

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

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

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

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

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

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

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

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

Subdivision 1 -- Management of risks

203. Management of risks to health and safety

Subdivision 2 -- Additional control measures for general plant

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

Subdivision 3 -- Additional control measures for certain plant

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

PART 5.2 -- Additional duties relating to registered plant and plant designs

Division 1 -- Application of Part

227. Application of Part

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

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

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

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

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

Subdivision 1 -- Control measures for registered plant

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

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

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

PART 5.3 -- Registration of plant designs and items of plant

Division 1 -- Plant designs to be registered

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

Division 2 -- Items of plant to be registered

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

Division 3 -- Registration process for plant designs

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

Division 4 -- Registration process for an item of plant

264. Application of Division
265. Who can apply to register an item of plant
266. Application for registration
267. When is a person competent to inspect plant
268. Additional information
269. Decision on application
270. Refusal of registration: process
271. Conditions of registration
272. Day when registration takes effect
273. Plant registration number
274. Registration document
275. Registration document to be available
276. Not used
277. Not used
278. Not used
279. Not used
280. Not used

Division 5 -- Changes to registration and registration documents

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

Division 6 -- Cancellation of registration

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

CHAPTER 6 -- Construction work

PART 6.1 -- Preliminary

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

PART 6.2 -- Duties of designer of structure and person who commissions construction work

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

PART 6.3 -- Duties of person conducting business or undertaking

Division 1 -- General

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

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

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

Division 3 -- Excavation work

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

Division 4 -- Tilt‑up concrete and precast concrete elements

306A. Terms used
306B. Regulator to be notified of proposed manufacture of concrete panel
306C. Concrete panels to be designed and made in accordance with standard
306D. Concrete panel at construction site to be transported, craned, stored and erected in accordance with standard
306E. Concrete panel at construction site to be temporarily braced in accordance with standard
306F. Concrete panel to be fixed and temporary bracing to be removed in accordance with standard
306G. Tilt‑up work at construction site not to be done unless regulator notified under r. 306B
306H. Documents required at construction site where tilt‑up work done
306I. Duty of principal contractor etc. to limit entry to construction site area where tilt‑up work being done
306J. Certain persons to ensure only trained persons manufacture concrete panels
306K. Certain persons to ensure only trained persons do tilt‑up work other than manufacturing concrete panels

PART 6.4 -- Additional duties of principal contractor

307. Application of Part
308. Not used
309. WHS management plan: preparation
310. WHS management plan: duty to inform
311. WHS management plan: review
312. High risk construction work: safe work method statements
313. Copy of WHS management plan must be kept
314. Further health and safety duties: specific regulations
315. Further health and safety duties: specific risks

PART 6.4A -- Duties of local government

315A. Local government to notify regulator of construction work permits

PART 6.5 -- General construction induction training

Division 1 -- General construction induction training requirements

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

Division 2 -- General construction induction training cards

318A. Meaning of authorised RTO
319. Not used
320. Content of card
321. Not used
322. Not used
323. Cancellation of card: grounds
324. Cancellation of card: process
325. RTO may enter agreement to issue cards

Division 3 -- Duties of workers

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

CHAPTER 7 -- Hazardous chemicals

PART 7.1 -- Hazardous chemicals

Division 1 -- Application

328. Application

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

Subdivision 1 -- Obligations of manufacturers and importers

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

Subdivision 2 -- Obligations of suppliers

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

Subdivision 3 -- Obligations of persons conducting businesses or undertakings

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

Division 3 -- Register of hazardous chemicals

Subdivision 1 -- Hazardous chemicals register

346. Hazardous chemicals register

Subdivision 2 -- Not used

347. Not used
348. Not used

Division 4 -- Not used

349. Not used
350. Not used

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

Subdivision 1 -- General obligations relating to management of risk

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

Subdivision 2 -- Spills and damage

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

Subdivision 3 -- Emergency plans and safety equipment

359. Fire protection and firefighting equipment
360. Emergency equipment
361. Not used
362. Safety equipment

Subdivision 4 -- Not used

363. Not used
364. Not used
365. Not used
366. Not used
367. Not used

Division 6 -- Health monitoring

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

Division 7 -- Induction, information, training and supervision

379. Duty to provide supervision

Division 8 -- Prohibition, authorisation and restricted use

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

Division 9 -- Not used

389. Not used
390. Not used
391. Not used

PART 7.2 -- Lead

Division 1 -- Lead process

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

Division 2 -- Control of risk

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

Division 3 -- Lead risk work

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

Division 4 -- Health monitoring

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

CHAPTER 8 -- Asbestos

PART 8.1 -- Prohibitions and authorised conduct

419. Work involving asbestos or ACM: prohibitions and exceptions

PART 8.2 -- General duty

420. Exposure to airborne asbestos at workplace

PART 8.3 -- Management of asbestos and associated risks

421. Application of Part
421A. Regulator may direct tests for, or removal of, asbestos at workplace
422. Asbestos to be identified or assumed at workplace
423. Analysis of sample
424. Presence and location of asbestos to be indicated
425. Asbestos register
426. Review of asbestos register
427. Access to asbestos register
428. Transfer of asbestos register by person relinquishing management or control
429. Asbestos management plan
430. Review of asbestos management plan

PART 8.4 -- Management of naturally occurring asbestos

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

PART 8.5 -- Asbestos at the workplace

Division 1 -- Health monitoring

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

Division 2 -- Training

445. Duty to train workers about asbestos

Division 3 -- Control on use of certain equipment

446. Duty to limit use of equipment

PART 8.6 -- Demolition and refurbishment

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

PART 8.7 -- Asbestos removal work

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

PART 8.8 -- Asbestos removal requiring Class A asbestos removal licence

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

PART 8.9 -- Asbestos‑related work

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

PART 8.10 -- Licensing of asbestos removalists and asbestos assessors

Division 1 -- Asbestos removalists: requirement to be licensed

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

Division 2 -- Asbestos assessors: requirement to be licensed

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

Division 3 -- Licensing process

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

Division 4 -- Amendment of licence and licence document

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

Division 5 -- Renewal of licence

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

Division 6 -- Suspension and cancellation of licence

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

Division 7 -- General

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

CHAPTER 8A -- Crystalline silica

PART 8A.1 -- Preliminary

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

PART 8A.2 -- Work involving engineered stone benchtops, panels or slabs

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

PART 8A.3 -- Regulator to be notified of particular processing of engineered stone

529G. Notification of particular processing of engineered stone
529H. Notification of change in information given under Part 8A.3
529I. Notification that work continues 12 months after last notice given under Part 8A.3
529J. Duty to keep notice given under Part 8A.3

CHAPTER 9 -- Not used

530. Not used
531. Not used
532. Not used
533. Not used
534. Not used
535. Not used
536. Not used
537. Not used
538. Not used
539. Not used
540. Not used
541. Not used
542. Not used
543. Not used
544. Not used
545. Not used
546. Not used
547. Not used
548. Not used
549. Not used
550. Not used
551. Not used
552. Not used
553. Not used
554. Not used
555. Not used
556. Not used
557. Not used
558. Not used
559. Not used
560. Not used
561. Not used
562. Not used
563. Not used
564. Not used
565. Not used
566. Not used
567. Not used
568. Not used
569. Not used
570. Not used
571. Not used
572. Not used
573. Not used
574. Not used
575. Not used
576. Not used
577. Not used
578. Not used
579. Not used
580. Not used
581. Not used
582. Not used
583. Not used
584. Not used
585. Not used
586. Not used
587. Not used
588. Not used
589. Not used
590. Not used
591. Not used
592. Not used
593. Not used
594. Not used
595. Not used
596. Not used
597. Not used
598. Not used
599. Not used
600. Not used
601. Not used
602. Not used
603. Not used
604. Not used
605. Not used
606. Not used
607. Not used
608. Not used

CHAPTER 10 -- Not used

609. Not used
610. Not used
611. Not used
612. Not used
613. Not used
614. Not used
615. Not used
616. Not used
617. Not used
618. Not used
619. Not used
620. Not used
621. Not used
622. Not used
623. Not used
624. Not used
625. Not used
626. Not used
627. Not used
628. Not used
629. Not used
630. Not used
631. Not used
632. Not used
633. Not used
634. Not used
635. Not used
636. Not used
637. Not used
638. Not used
639. Not used
640. Not used
641. Not used
642. Not used
643. Not used
644. Not used
645. Not used
646. Not used
647. Not used
648. Not used
649. Not used
650. Not used
651. Not used
652. Not used
653. Not used
654. Not used
655. Not used
656. Not used
657. Not used
658. Not used
659. Not used
660. Not used
661. Not used
662. Not used
663. Not used
664. Not used
665. Not used
666. Not used
667. Not used
668. Not used
669. Not used
670. Not used
671. Not used
672. Not used
673. Not used
674. Not used
675. Not used

CHAPTER 11 -- General

PART 11.1 -- Review of decisions under these regulations

Division 1 -- Reviewable decisions

676. Which decisions under these regulations are reviewable

Division 2 -- Internal review

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

Division 3 -- External review

683. Application for external review

PART 11.2 -- Exemptions

Division 1 -- General

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

Division 2 -- High risk work licences

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

Division 3 -- Not used

688. Not used
689. Not used

Division 3A -- Engineered stone

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

Division 4 -- Exemption process

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

PART 11.3 -- Miscellaneous

699. Incident notification: prescribed serious illnesses
700. Inspectors’ identity cards
701. Entry warrant
702. Refund, waiver or reduction of relevant fees
703. Review of decisions under the Act: stay of decision
704. Confidentiality of information: exception relating to administration or enforcement of other laws

PART 11.4 -- Transitional and savings provisions for Work Health and Safety (General) Regulations 2022

705. Terms used
706. Applications pending determination
707. References to convictions or findings of guilt
708. Safe work method statements
709. Risk assessments
710. Evacuation procedures
711. Registers relating to asbestos
712. Approved use of carcinogens
713. Exemptions
714. Falls from height
715. Accredited safety and health representative training courses
716. Class 1 or 2 demolition work approvals
717. References to GHS
718. Residual current devices
719. Roll‑over protection on tractors
720. Demolition licences
721. High risk work licences
722. Requirements to minimise risk of fall in high risk construction work
723. Materials hoists
724. Concrete placing booms
725. Reach stackers
726. Accreditation of assessors
727. Plant designs and items of plant registered under OSHR
728. Plant designs and items of plant not registered under OSHR
729. Unrestricted asbestos removal licences
730. Restricted asbestos removal licences
731. Construction induction training
732. General diving work: qualifications

PART 11.4A -- Transitional and savings provisions for Work Health and Safety Regulations Amendment Regulations (No. 2) 2023

733. Delayed application of Schedule 3 items 14A and 15A

PART 11.5 -- Transitional and savings provisions for Work Health and Safety (General) Amendment Regulations (No. 2) 2024

734. Particular work involving engineered stone -- exception if carried out before 1 July 2024
735. Particular work involving engineered stone -- exception if carried out under pre‑2024 contract
736. Application of Part 8A.3 to processing of engineered stone carried out before 1 July 2024
SCHEDULE 1 -- Not used
SCHEDULE 2 -- Fees
SCHEDULE 3 -- High risk work licences and classes of high risk work
SCHEDULE 4 -- High risk work licences: competency requirements
SCHEDULE 5 -- Registration of plant and plant designs
SCHEDULE 6 -- Classification of mixtures
SCHEDULE 7 -- Safety data sheets
SCHEDULE 8 -- Disclosure of ingredients in safety data sheet
SCHEDULE 9 -- Classification, packaging and labelling requirements
SCHEDULE 10 -- Prohibited carcinogens, restricted carcinogens and restricted hazardous chemicals
SCHEDULE 11 -- Not used
SCHEDULE 12 -- Not used
SCHEDULE 13 -- Not used
SCHEDULE 14 -- Requirements for health monitoring
SCHEDULE 15 -- Not used
SCHEDULE 16 -- Not used
SCHEDULE 17 -- Not used
SCHEDULE 18 -- Not used
SCHEDULE 18A -- Forms

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