Western Australian Current Regulations Western Australian Current Regulations In these
regulations —
abrasive blasting means propelling a stream of
abrasive material at high speed against a surface using compressed air,
liquid, steam, centrifugal wheels or paddles to clean, abrade, etch or
otherwise change the original appearance or condition of the surface;
accredited assessor means —
(a) a
person who is accredited under Part 4.5 to conduct assessments; or
(b) the
regulator;
ADG Code means the Australian Code for the
Transport of Dangerous Goods by Road and Rail, approved by the Transport and
Infrastructure Council, as in force or remade from time to time;
Notes for this definition:
1. If the ADG Code is
amended or remade, a reference in these regulations to a provision of that
document extends to the corresponding provision (if any) of the amended or
remade document.
2. The ADG Code is
accessible at www.ntc.gov.au.
administrative control —
(a)
means a method of work, a process or a procedure designed to minimise risk;
but
(b) does
not include —
(i)
an engineering control; or
(ii)
the use of personal protective equipment;
Agvet Code , in Part 7.1, means the Agvet
Code of Western Australia as defined in the
Agricultural and Veterinary Chemicals (Western Australia) Act 1995
section 3;
airborne contaminant —
(a)
means a contaminant in the form of a fume, mist, gas, vapour or dust; and
(b)
includes micro‑organisms;
amusement device —
(a)
means plant operated for hire or reward that provides entertainment,
sightseeing or amusement through movement of the equipment, or part of the
equipment, or when passengers or other users travel or move on, around or
along the equipment; but
(b) does
not include any of the following —
(i)
a miniature train and railway system owned and operated
by a model railway society, club or association;
(ii)
a ride or device that is used as a form of transport and
that is, in relation to its use for that purpose, regulated under another Act
or an Act of the Commonwealth;
(iii)
a boat or flotation device that is solely propelled by a
person who is in or on the boat or device; and that is not attached to any
mechanical elements or equipment outside the boat or device, and that does not
rely on any artificial flow of water to move;
(iv)
any plant specifically designed for a sporting,
professional stunt, theatrical or acrobatic purpose or activity;
(v)
a device operated (with or without an operator) by a coin
or token that is located in a shopping centre or similar public location and
that is intended to be ridden, at any 1 time, by not more than 4 children
below 10 years of age;
article means a manufactured item, other than a
fluid or particle, that —
(a) is
formed into a particular shape or design during manufacture; and
(b) has
hazard properties and a function that are wholly or partly dependent on the
shape or design;
AS 2601 means AS 2601‑2001 (The demolition
of structures);
AS 3850 , in Part 6.3 Division 4, has
the meaning given in regulation 306A;
asbestos —
(a)
means the asbestiform variety of any mineral silicate belonging to the
serpentine or amphibole group of rock‑forming minerals; and
(b)
includes the asbestiform variety of the following —
(i)
actinolite;
(ii)
grunerite or amosite (known as brown asbestos);
(iii)
anthophyllite;
(iv)
chrysotile (known as white asbestos);
(v)
crocidolite (known as blue asbestos);
(vi)
tremolite;
asbestos containing material (ACM) means any
material or thing that, as part of its design, contains asbestos;
asbestos‑contaminated dust or debris (ACD)
means dust or debris that has settled within a workplace and is, or is assumed
to be, contaminated with asbestos;
asbestos management plan has the meaning given in
regulation 429 or 432;
asbestos register has the meaning given in
regulation 425;
asbestos‑related work means work involving
asbestos (other than asbestos removal work to which Part 8.7 applies)
that is permitted under the exceptions set out in
regulation 419(3), (4) and (5);
asbestos removal licence means a Class A asbestos
removal licence or a Class B asbestos removal licence;
asbestos removal work means —
(a) work
involving the removal of asbestos or ACM; or
(b) in
Part 8.10, Class A asbestos removal work or Class B asbestos removal
work;
asbestos removalist means a person conducting a
business or undertaking who carries out asbestos removal work;
asbestos waste means asbestos or ACM removed and
disposable items used during asbestos removal work including plastic sheeting
and disposable tools;
biological monitoring means —
(a) the
measurement and evaluation of a substance, or its metabolites, in the body
tissue, fluids or exhaled air of a person exposed to the substance; or
(b)
blood lead level monitoring;
blood lead level means the concentration of lead
in whole blood expressed in micromoles per litre (µmol/L) or micrograms
per decilitre (µg/dL);
blood lead level monitoring means the testing of
the venous or capillary blood of a person by a laboratory accredited by NATA,
under the supervision of a registered medical practitioner, to determine the
blood lead level;
boiler —
(a)
means —
(i)
a vessel, or an arrangement of vessels and
interconnecting parts, in which steam or vapour is generated or in which water
or other liquid is heated at a pressure above that of the atmosphere by the
application of fire, the products of combustion, electrical power or similar
high temperature means; and
(ii)
the superheaters, reheaters, economisers, boiler piping,
supports, mountings, valves, gauges, fittings, controls, boiler setting and
other equipment directly associated with those vessels;
but
(b) does
not include —
(i)
except in Schedules 3 and 4, a fully flooded or
pressurised system where water or another liquid is heated to a temperature
lower than the normal atmospheric boiling temperature of the liquid; or
(ii)
for the purposes of Parts 5.2 and 5.3 and in
Schedules 3 and 4, a boiler designed or manufactured to the codes
specified in the Table;
Table
|
1. |
AMBSC Part 1 — Australian Miniature Boiler Safety Committee
Code for Copper Boilers |
|
2. |
AMBSC Part 2 — Australian Miniature Boiler Safety Committee
Code for Steel Boilers |
|
3. |
AMBSC Part 3 — Australian Miniature Boiler Safety Committee
Code for Sub‑Miniature Boilers |
|
4. |
AMBSC Part 4 — Australian Miniature Boiler Safety Committee
Code for Duplex Steel Boilers; or |
or
(iii)
in Schedules 3 and 4 — a heater or
boiler specified in the Table;
Table
|
1. |
direct fired process heater |
|
2. |
boiler with less than 500 kW output |
|
3. |
unattended boiler certified in compliance with AS 2593:2004
(Boilers — Safety management and supervision systems) |
boom‑type elevating work platform means a
telescoping device, hinged device, or articulated device, or any combination
of these, used to support a platform on which personnel, equipment and
materials may be elevated;
bridge crane means a crane that —
(a)
consists of a bridge beam or beams, that are mounted to end carriages at each
end; and
(b) is
capable of travelling along elevated runways; and
(c) has
1 or more hoisting mechanisms arranged to traverse across the bridge;
building maintenance equipment —
(a)
means a suspended platform and associated equipment, including a building
maintenance unit or a swing stage, that incorporates permanently installed
overhead supports to provide access to the faces of a building for
maintenance; but
(b) does
not include a suspended scaffold;
building maintenance unit means a power operated
suspended platform and associated equipment on a building specifically
designed to provide permanent access to the faces of the building for
maintenance;
capacity , of a container (in Chapter 7),
means the internal volume of the container at a temperature of 15°C
expressed in litres;
card holder means the person to whom a general
construction induction training card is issued;
certificate of medical fitness means a certificate
of medical fitness that complies with regulation 169;
certification , in relation to a specified VET
course, means —
(a) in
the case of high risk work —
(i)
a notice of satisfactory assessment stating that the
person to whom it is issued has successfully completed the specified VET
course; or
(ii)
an equivalent notice issued by a corresponding RTO;
and
(b) in
every case —
(i)
a statement of attainment issued by an RTO stating that
the person to whom it is issued has successfully completed the specified VET
course; or
(ii)
an equivalent statement issued by a corresponding RTO;
certified safety management system , in
Chapter 8, means a safety management system that complies with
AS/NZS ISO 45001:2018 (Occupational health and safety management
systems — Requirements with guidance for use), or an equivalent
system determined by the regulator;
chemical identity means a name, in accordance with
the nomenclature systems of the International Union of Pure and Applied
Chemistry or the Chemical Abstracts Service, or a technical name, that gives a
chemical a unique identity;
class means —
(a) in
relation to high risk work — a class of work specified in
Schedule 3;
(b) in
relation to demolition work — Class 1 demolition work or Class 2
demolition work;
(c) in
relation to asbestos removal work — Class A asbestos removal
work or Class B asbestos removal work;
Class 1 demolition licence means a licence that
authorises the carrying out of Class 1 demolition work by or on behalf of the
licence holder;
Class 1 demolition work has the meaning given in
regulation 142B(1);
Class 2 demolition licence means a licence that
authorises the carrying out of Class 2 demolition work by or on behalf of the
licence holder;
Class 2 demolition work has the meaning given in
regulation 142C(1);
Class A asbestos removal licence means a licence
that authorises the carrying out of Class A asbestos removal work and Class B
asbestos removal work by or on behalf of the licence holder;
Class A asbestos removal work means work that is
required to be licensed under regulation 485;
Class B asbestos removal licence means a licence
that authorises the carrying out of Class B asbestos removal work by or on
behalf of the licence holder;
Class B asbestos removal work —
(a)
means work that is required to be licensed under regulation 487; but
(b) does
not include Class A asbestos removal work;
clearance certificate has the meaning given in
regulation 474(2);
clearance inspection has the meaning given in
regulation 473(1A);
combustible dust means finely divided solid
particles (including dust, fibres or flyings) that are —
(a)
suspended in air or settle out of the atmosphere under their own weight; and
(b) able
to burn or glow in air; and
(c) able
to form an explosive mixture with air at atmospheric pressure and normal
temperature;
combustible substance means a substance that is
combustible, and includes dust, fibres, fumes, mists or vapours produced by
the substance;
Examples for this definition:
Wood, paper, oil, iron
filings.
competency assessment , in Part 4.5, means an
assessment in relation to the completion of a specified VET course to carry
out a class of high risk work;
competent person —
(a) for
inspection and testing of electrical equipment — means a person who
has satisfactorily completed a competency‑assessed training course on
testing and tagging using the pass‑fail type of electrical instrument
known as a portable appliance tester;
(b) for
demolition work — means a person who —
(i)
has been trained by an RTO in safe methods of demolition
work; and
(ii)
in the case of supervision of the work — has
appropriate experience in the conduct or supervision of demolition work
authorised by the relevant demolition licence;
(c) for
general diving work — has the meaning given in regulations 174
and 177;
(d) for
a major inspection of a mobile crane or a tower crane under
regulation 235 — has the meaning given in
regulation 235(1B);
(e) for
inspection of amusement devices and passenger ropeways under
regulation 241 — has the meaning given in
regulation 241(1A);
(f) for
design verification under regulation 252 — has the meaning
given in regulation 252(1A);
(g) for
a clearance inspection under regulation 473 — a person who has
acquired through training or experience the knowledge and skills of relevant
asbestos removal industry practice and holds —
(i)
a certification in relation to the specified VET course
for asbestos assessor work; or
(ii)
a tertiary qualification in occupational health and
safety, occupational hygiene, science, building, construction or environmental
health;
(h) for
any other case — a person who has acquired through training,
qualification or experience the knowledge and skills to carry out the task;
concrete panel , in Part 6.3 Division 4,
has the meaning given in regulation 306A;
concrete placing boom means plant incorporating an
articulating boom, capable of power operated slewing and luffing to place
concrete by way of pumping through a pipeline attached to, or forming part of,
the boom of the plant;
confined space —
(a)
means an enclosed or partially enclosed space that —
(i)
is not designed or intended primarily to be occupied by a
person; and
(ii)
is, or is designed or intended to be, at normal
atmospheric pressure while any person is in the space; and
(iii)
is or is likely to be a risk to health and safety from
anything specified in the Table;
Table
|
1. |
an atmosphere that does not have a safe oxygen level |
|
2. |
contaminants, including airborne gases, vapours and dusts, that may cause
injury from fire or explosion |
|
3. |
harmful concentrations of any airborne contaminants |
|
4. |
engulfment |
but
(b) does
not include a space in which excavation work is carried out in an underground
mine;
confined space entry permit means a confined space
entry permit issued under regulation 67;
construction project has the meaning given in
regulation 292;
construction site means a workplace where
construction work is being carried out;
construction work has the meaning given in
regulation 289;
consumer product means a thing that —
(a) is
packed or repacked primarily for use by a household consumer or for use in an
office; and
(b) if
the thing is packed or repacked primarily for use by a household
consumer — is packed in the way and quantity in which it is
intended to be used by a household consumer; and
(c) if
the thing is packed or repacked primarily for use in an office — is
packed in the way and quantity in which it is intended to be used for office
work;
container , in relation to a hazardous chemical,
means anything —
(a) in
or by which a hazardous chemical is, or has been, wholly or partly covered,
enclosed or packed, including anything necessary for the container to perform
its function as a container; and
(b)
which is a receptacle with a capacity —
(i)
if the receptacle holds a solid — of less than
500 kilograms; or
(ii)
if the receptacle holds a liquid — of less
than 500 litres;
contaminant means any substance that may be
harmful to health or safety;
controlled , in relation to processing a CSS, has
the meaning given in regulation 529B;
control measure , in relation to a risk to health
and safety, means a measure to eliminate or minimise the risk;
conveyor —
(a)
means equipment or apparatus operated by power other than manual power and by
which loads are raised, lowered or transported or capable of being raised,
lowered, transported, or continuously driven, by any of the
following —
(i)
an endless belt, rope or chain or other similar means;
(ii)
buckets, trays or other containers or fittings moved by
an endless belt, rope, chain or similar means;
(iii)
a rotating screw;
(iv)
a vibration or walking beam;
(v)
a powered roller conveyor if the rollers are driven by an
endless belt, rope or chain or other similar means;
and
(b)
includes the superstructure, gear and auxiliary equipment used in connection
with that equipment or apparatus;
correct classification means the set of hazard
classes and hazard categories assigned to a hazardous chemical when it is
correctly classified;
Note for this definition:
Schedule 9
Division 1 sets out when a hazardous chemical is correctly classified.
crane —
(a)
means an appliance intended for raising or lowering a load and moving it
horizontally; and
(b)
includes the supporting structure of the crane and its foundations; but
(c) does
not include any of the following —
(i)
an industrial lift truck;
(ii)
earthmoving machinery;
(iii)
an amusement device;
(iv)
a tractor;
(v)
an industrial robot;
(vi)
a conveyor;
(vii)
building maintenance equipment;
(viii)
a suspended scaffold;
(ix)
a lift;
Note for this definition:
Regulation 81
applies to require high risk work licences when earthmoving machinery is used
as a crane.
crystalline silica has the meaning given in
regulation 529A;
crystalline silica substance (CSS) has the
meaning given in regulation 529A(2);
current certificate of medical fitness means a
certificate of medical fitness that —
(a) was
issued within the past 12 months; and
(b) has
not expired or been revoked;
de‑energised , in relation to a part of an
electrical installation, has the meaning given in the Electricity (Licensing)
Regulations 1991 regulation 3(1);
demolition licence means a Class 1 demolition
licence or a Class 2 demolition licence;
demolition work —
(a)
means work to demolish or dismantle a structure, or part of a structure that
is loadbearing or otherwise related to the physical integrity of the
structure; but
(b) does
not include —
(i)
the dismantling of formwork, falsework, or other
structures designed or used to provide support, access or containment during
construction work; or
(ii)
the removal of power, light or telecommunication poles;
derrick crane means a slewing strut‑boom
crane with its boom pivoted at the base of a mast that is —
(a)
guyed (guy‑derrick) or held by backstays (stiff‑legged derrick);
and
(b)
capable of luffing under load;
designer , in relation to plant, a substance or a
structure, has the same meaning as it has in section 22 of the Act;
direct fired process heater means an arrangement
of 1 or more coils, located in the radiant zone or convection zone, or both,
of a combustion chamber, the primary purpose of which is to raise the
temperature of a process fluid circulated through the coils, to allow
distillation, fractionalism, reaction or other petrochemical processing of the
process fluid, whether that fluid is liquid or gas, or a combination of liquid
and gas;
dogging work means —
(a) the
application of slinging techniques, including the selection and inspection of
lifting gear, to safely sling a load; or
(b) the
directing of a plant operator in the movement of a load when the load is out
of the operator’s view;
duty holder , in Part 3.1, means a person
referred to in regulation 32;
EANx , in Part 4.8, means a mixture of oxygen
and nitrogen in which the volume of oxygen is at least 22%;
earthmoving machinery —
(a)
means operator controlled plant used to excavate, load, transport, compact or
spread earth, overburden, rubble, spoil, aggregate or similar material; but
(b) does
not include a tractor or industrial lift truck;
electrical equipment has the meaning given in
regulation 144 (and regulation 148 for Part 4.7
Division 3);
electrical installation has the meaning given in
regulation 145 (and regulation 148 for Part 4.7
Division 3);
electrical risk means risk to a person of death,
shock or other injury caused directly or indirectly by electricity;
electrical work has the meaning given in
regulation 146;
emergency service organisation means —
(a) a
bush fire brigade established under the Bush Fires Act 1954
section 41(1);
(b) a
permanent or volunteer fire brigade formed under the Fire Brigades
Act 1942 section 26(a);
(c) an
SES Unit approved under the Fire and Emergency Services Act 1998
section 18C(1);
(d) a
VMRS Group approved under the Fire and Emergency Services Act 1998
section 18H(1);
(e) an
FES Unit approved under the Fire and Emergency Services Act 1998
section 18M(1);
emergency service worker means —
(a) an
officer or member of an emergency service organisation; or
(b) a
person employed or engaged as an operational staff member under the
Fire and Emergency Services Act 1998 section 20(1)(b);
enclosed workplace , in Part 3.2
Division 7A , has the meaning given in regulation 50B;
energised , in relation to a part of an electrical
installation, has the meaning given in the Electricity (Licensing)
Regulations 1991 regulation 3(1);
engineered stone has the meaning given in
regulation 529A(4);
engineering control means a control measure that
is physical in nature, including a mechanical device or process;
entry , by a person into a confined space, means
the person’s head or upper body is in the confined space or within the
boundary of the confined space;
essential services means the supply
of —
(a) gas,
water, sewerage, telecommunications, electricity and similar services; or
(b)
chemicals, fuel and refrigerant in pipes or lines;
excavation —
(a)
means a trench, tunnel or shaft; but
(b) does
not include —
(i)
a mine; or
(ii)
a bore to which the Water Services Act 2012 applies;
or
(iii)
a trench for use as a place of interment;
excavation work means work to —
(a) make
an excavation; or
(b) fill
or partly fill an excavation;
exposure standard , except in Part 4.1, means
an exposure standard in the Workplace Exposure Standards for Airborne
Contaminants;
exposure standard for noise has the meaning given
in regulation 56;
external review means an external review under
Part 11.1;
fall arrest system means plant or material
designed to arrest a fall;
Examples for this definition:
An industrial safety
net, a catch platform, a safety harness system (other than a system that
relies entirely on a restraint technique system).
fault , in relation to plant, means a break or
defect that may cause the plant to present a risk to health and safety;
female of reproductive capacity , in
Part 7.2, means a female other than a female who provides information
stating that she is not of reproductive capacity;
fitness criteria , in relation to diving work,
means the fitness criteria specified in clause M4 of Appendix M to
AS/NZS 2299.1:2015 (Occupational diving operations — Standard
operational practice);
flammable gas has the same meaning as it has in
the GHS;
forklift truck , in Schedules 3 and 4
—
(a)
means a powered industrial truck equipped with lifting media made up of a mast
and an elevating load carriage to which is attached a pair of fork arms or
other arms that can be raised 900 mm or more above the ground; but
(b) does
not include a pedestrian‑operated truck or a pallet truck;
friable asbestos means material that —
(a) is
in a powder form or that can be crumbled, pulverised or reduced to a powder by
hand pressure when dry; and
(b)
contains asbestos;
gantry crane means a crane that —
(a)
consists of a bridge beam or beams supported at 1 or both ends by legs mounted
to end carriages; and
(b) is
capable of travelling on supporting surfaces or deck levels, whether fixed or
not; and
(c) has
a crab with 1 or more hoisting units arranged to travel across the bridge;
gas cylinder means a rigid vessel —
(a) that
does not exceed 3 000 litres water capacity and is without openings or
integral attachments on the shell other than at the ends; and
(b) that
is designed for the storage and transport of gas under pressure; and
(c) that
is covered by AS 2030.1:2009 (Gas cylinders — General
requirements);
general construction induction training means
training delivered in Australia by an RTO for the specified VET course for
general construction induction training;
general construction induction training card
means —
(a) in
Part 6.5 Division 2 — a general construction induction
training card issued under that Division;
(b) in
any other case — a general construction induction training card
issued —
(i)
under Part 6.5 Division 2 or under a
corresponding WHS law; or
(ii)
by an RTO under an agreement between the regulator and an
RTO or a corresponding regulator and an RTO;
general construction induction training
certification means a certification for the completion of the specified VET
course for general construction induction training;
general diving work —
(a)
means work carried out in or under water while breathing compressed gas; and
(b)
includes —
(i)
incidental diving work; and
(ii)
limited scientific diving work;
but
(c) does
not include high risk diving work;
genuine research means systematic investigative or
experimental activities that are carried out for either acquiring new
knowledge (whether or not the knowledge will have a specific practical
application) or creating new or improved materials, products, devices,
processes or services;
GHS means the Globally Harmonised System of
Classification and Labelling of Chemicals , Seventh revised edition, published
by the United Nations as modified under Schedule 6;
Note for this definition:
The Schedule 6
Tables replace some tables in the GHS.
hazard category means a division of criteria
within a hazard class in the GHS;
hazard class means the nature of a physical,
health or environmental hazard under the GHS;
hazardous area means an area in which —
(a) an
explosive gas is present in the atmosphere in a quantity that requires special
precautions to be taken for the construction, installation and use of plant;
or
(b) a
combustible dust is present, or could reasonably be expected to be present, in
the atmosphere in a quantity that requires special precautions to be taken for
the construction, installation and use of plant;
hazardous chemical means a substance, mixture or
article that satisfies the criteria for any 1 or more hazard classes in the
GHS (including a classification referred to in Schedule 6), unless the
only hazard class or classes for which the substance, mixture or article
satisfies the criteria are any 1 or more of the following —
(a)
acute toxicity — oral — category 5;
(b)
acute toxicity — dermal — category 5;
(c)
acute toxicity — inhalation — category 5;
(d) skin
corrosion/irritation — category 3;
(e)
aspiration hazard — category 2;
(f)
flammable gas — category 2;
(g)
acute hazard to the aquatic environment — category 1, 2 or 3;
(h)
chronic hazard to the aquatic environment — category 1, 2, 3
or 4;
(i)
hazardous to the ozone layer;
Note for this definition:
The Schedule 6
Tables replace some tables in the GHS.
hazardous manual task means a task that requires a
person to lift, lower, push, pull, carry or otherwise move, hold or restrain
any person, animal or thing that involves 1 or more of the
following —
(a)
repetitive or sustained force;
(b) high
or sudden force;
(c)
repetitive movement;
(d)
sustained or awkward posture;
(e)
exposure to vibration;
Examples for this definition:
1. A task requiring a
person to restrain live animals.
2. A task requiring a
person to lift or move loads that are unstable or unbalanced or are difficult
to grasp or hold.
3. A task requiring a
person to sort objects on a conveyor belt.
hazard pictogram means a graphical composition,
including a symbol plus other graphical elements, that is assigned in the GHS
to a hazard class or hazard category;
hazard statement means a statement assigned in the
GHS to a hazard class or hazard category describing the nature of the hazards
of a hazardous chemical including, if appropriate, the degree of hazard;
head or upper body means the area of a
person’s body at or above the person’s shoulders;
health monitoring , of a person, means monitoring
the person to identify changes in the person’s health status because of
exposure to certain substances;
heritage boiler means a boiler that —
(a) was
manufactured before 1952; and
(b) is
used for a historical purpose or activity, including an activity that is
ancillary to a historical activity;
Examples for this paragraph:
1. Historical
activity: a historical display, parade, demonstration or re‑enactment.
2. Activity ancillary
to a historical activity: restoring, maintaining, modifying, servicing,
repairing or housing a boiler used, or to be used, for a historical activity.
high risk , in relation to the processing of a
CSS, means the processing of a CSS that is reasonably likely to result in a
risk to the health of a person at the workplace;
high risk construction work has the meaning given
in regulation 291;
high risk diving work —
(a)
means work —
(i)
carried out in or under water or any other liquid while
breathing compressed gas; and
(ii)
involving 1 or more of the types of work specified in the
Table;
Table
|
1. |
construction work |
|
2. |
work of the kind described in regulation 289(3)(d) |
|
3. |
inspection work carried out in order to determine whether or not work
described in item 1 or 2 is necessary |
|
4. |
the recovery or salvage of a large structure or large item of plant for
commercial purposes |
Notes for this Table:
1. Work referred to in
item 2 includes some additional construction‑related activities.
2. For construction
work generally, see Chapter 6. For the meaning of construction work , see
regulation 289.
but
(b) does
not include minor work carried out in the sea or the waters of a bay or inlet
or a marina that involves cleaning, inspecting, maintaining or searching for a
vessel or mooring;
high risk work means any work set out in
Schedule 3 as being within the scope of a high risk work licence;
high risk work licence means any of the licences
listed in Schedule 3;
hoist —
(a)
means an appliance intended for raising or lowering a load or people; and
(b)
includes an elevating work platform, a mast climbing work platform, personnel
and materials hoist, scaffolding hoist and serial hoist; but
(c) does
not include a lift or building maintenance equipment;
ignition source means a source of energy capable
of igniting flammable or combustible substances;
importer , in relation to plant, a substance or a
structure, has the same meaning as it has in section 24 of the Act;
incidental diving work means general diving work
that —
(a) is
incidental to the conduct of the business or undertaking in which the diving
work is carried out; and
Example for this paragraph:
Acting underwater is
incidental to the business or undertaking of filming.
(b)
involves limited diving;
independent , in relation to clearance inspections
and air monitoring under Chapter 8, means —
(a) not
involved in the removal of the asbestos in relation to which the inspection or
monitoring is conducted; and
(b) not
involved in a business or undertaking involved in the removal of the asbestos
in relation to which the inspection or monitoring is conducted;
industrial lift truck —
(a)
means powered mobile plant, designed to move goods, materials or equipment
that is equipped with an elevating load carriage and is in the normal course
of use equipped with a load‑holding attachment; but
(b) does
not include a mobile crane or earthmoving machinery;
industrial robot means plant that is a
multifunctional manipulator and its controllers, capable of handling
materials, parts or tools, or specialised devices, through variable programmed
motions for the performance of a variety of tasks;
inflatable device (continuously blown) means an
amusement device that is an inflatable device that relies on a continuous
supply of air pressure to maintain its shape;
in situ asbestos —
(a)
means asbestos or ACM fixed or installed in a structure, equipment or plant;
but
(b) does
not include naturally occurring asbestos;
internal review means internal review under
Part 11.1;
in transit , in relation to a thing, means that
the thing —
(a) is
supplied to, or stored at, a workplace in containers that are not opened at
the workplace; and
(b) is
not used at the workplace; and
(c) is
kept at the workplace for not more than 5 consecutive days;
lead means lead metal, lead alloys, inorganic lead
compounds and lead salts of organic acids;
lead process has the meaning given in
regulation 392;
lead process area means a workplace or part of a
workplace where a lead process is carried out;
lead risk work has the meaning given in
regulation 394;
licence holder means —
(a) in
the case of a high risk work licence — the person who is licensed
to carry out the work; or
(b) in
the case of demolition work — the person who is licensed to carry
out the demolition work; or
(c) in
the case of an asbestos assessor licence — the person who is
licensed —
(i)
to carry out air monitoring during Class A asbestos
removal work; and
(ii)
to carry out clearance inspections of Class A asbestos
removal work; and
(iii)
to issue clearance certificates in relation to
Class A asbestos removal work;
or
(d) in
the case of an asbestos removal licence — the person conducting the
business or undertaking to whom the licence is granted;
licensed asbestos assessor means a person who
holds an asbestos assessor licence;
licensed asbestos removalist means a person
conducting a business or undertaking who is licensed under these regulations
to carry out Class A asbestos removal work or Class B asbestos removal work;
licensed asbestos removal work means asbestos
removal work for which a Class A asbestos removal licence or Class B asbestos
removal licence is required;
lift —
(a)
means plant that is, or is intended to be, permanently installed in or
attached to a structure, in which people, goods or materials may be raised or
lowered within a car or cage, or on a platform and the movement of which is
restricted by a guide or guides; and
(b)
includes —
(i)
a chairlift and stairway lift; and
(ii)
any supporting structure, machinery, equipment, gear,
lift well, enclosures and entrances;
limited diving means diving that does not involve
any of the following —
(a)
diving to a depth below 30 metres;
(b) the
need for a decompression stop;
(c) the
use of mechanical lifting equipment or a buoyancy lifting device;
(d)
diving beneath anything that would require the diver to move sideways before
being able to ascend;
(e) the
use of plant that is powered from the surface;
(f)
diving for more than 28 days during a period of 6 months;
limited scientific diving work means general
diving work that —
(a) is
carried out for the purpose of professional scientific research, natural
resource management or scientific research as an educational activity; and
(b)
involves only limited diving;
lower explosive limit (LEL) , in relation to a
flammable gas, vapour or mist, means the concentration of the gas, vapour or
mist in air below which the propagation of a flame does not occur on contact
with an ignition source;
maintain , in relation to plant or a structure in
Chapter 5, includes repair or servicing of plant or a structure;
manufacturer , in relation to plant, a substance
or a structure, has meaning given in section 23(1) of the Act;
mast climbing work platform means a hoist with a
working platform used for temporary purposes to raise personnel and materials
to the working position by means of a drive system mounted on an extendable
mast that may be tied to a structure;
materials hoist means a hoist that —
(a)
consists of a car, bucket or platform cantilevered from, and travelling up and
down outside, a face of the support of a structure; and
(b) is
used for hoisting things and substances but not persons;
medical examination notice , in Part 3.2
Division 12, has the meaning given in regulation 55E;
membrane filter method means the membrane filter
method described in the Guidance Note on the Membrane Filter Method for
Estimating Airborne Asbestos Fibres [NOHSC:3003 (2005)] ;
mixture , in Part 7.1, means a combination
of, or a solution composed of, 2 or more substances that do not react with
each other;
mobile crane means a crane capable of travelling
over a supporting surface without the need for fixed runways and relying only
on gravity for stability;
musculoskeletal disorder —
(a)
means an injury to, or disease of, the musculoskeletal system, whether
occurring suddenly or over time; but
(b) does
not include an injury caused by crushing, entrapment or cutting resulting
principally from the mechanical operation of plant;
NATA means the National Association of Testing
Authorities, Australia;
NATA‑accredited laboratory means a testing
laboratory accredited by NATA, or recognised by NATA either solely or with
someone else;
naturally occurring asbestos means the natural
geological occurrence of asbestos minerals found in association with
geological deposits including rock, sediment or soil;
network operator has the meaning given in the
Electricity Act 1945 section 5(1);
non‑friable asbestos —
(a)
means material containing asbestos that is not friable asbestos; and
(b)
includes material containing asbestos fibres reinforced with a bonding
compound;
Note for this definition:
Non‑friable
asbestos may become friable asbestos through deterioration (see the definition
of friable asbestos ).
non‑slewing mobile crane —
(a)
means a mobile crane incorporating a boom or jib that cannot be slewed; and
(b)
includes —
(i)
an articulated mobile crane; or
(ii)
a locomotive crane;
but
(c) does
not include vehicle tow trucks;
notice of satisfactory assessment means a notice
stating that the person to whom it is issued has successfully completed a
specified VET course;
operator protective device includes a
roll‑over protective structure, falling object protective structure,
operator restraining device and seat belt;
order‑picking forklift truck , in
Schedules 3 and 4, means a forklift truck where the operator’s
controls are incorporated with the lifting media and elevate with the lifting
media;
passenger ropeway —
(a)
means a powered ropeway used for transporting, in a horizontal or inclined
plane, passengers moved by a carrier that is —
(i)
attached to or supported by a moving rope; or
(ii)
attached to a moving rope but supported by a standing
rope or other overhead structure;
and
(b)
includes, in relation to the powered ropeway, the prime mover, any associated
transmission machinery and any supporting structure and equipment; but
(c) does
not include any of the following —
(i)
a cog railway;
(ii)
a cable car running on rails;
(iii)
a flying fox or similar device;
(iv)
an elevating system for vehicles or boat style carriers
associated with amusement devices;
Examples for this paragraph:
An elevating system
for a log ride or boat flume ride.
personal protective equipment —
(a)
means anything used or worn by a person to minimise risk to the person’s
health and safety; and
(b)
includes air supplied respiratory equipment;
personnel and materials hoist means a
hoist —
(a) that
is a cantilever hoist, a tower hoist or several winches configured to operate
as a hoist; and
(b) that
is intended to carry goods, materials or people;
person with management or control of plant at a
workplace means a person with management or control of fixtures, fittings or
plant at a workplace as defined in section 21(1) of the Act;
person with management or control of a workplace
has the meaning given in section 20(1) of the Act;
pipeline means pipe work that crosses a boundary
of a workplace, beginning or ending at the nearest fluid or slurry control
point (along the axis of the pipeline) to the boundary;
pipe work means a pipe or assembly of pipes, pipe
fittings, valves and pipe accessories used to convey a hazardous chemical;
plant , in Parts 5.2 and 5.3, includes a
structure;
platform height , in relation to an inflatable
device (continuously blown), means the height of the highest part of the
device designed to support persons using it (the platform ), as measured from
the surface supporting the device to the top surface of the platform when the
device is inflated but unloaded;
porcelain product does not include a product that
contains resin;
portal boom crane means a boom crane or a jib
crane that is mounted on a portal frame that, in turn, is supported on runways
along which the crane travels;
powered mobile plant means plant that is provided
with some form of self‑propulsion that is ordinarily under the direct
control of an operator;
precautionary statement means a phrase prescribed
by the GHS that describes measures that are recommended to be taken to prevent
or minimise —
(a) the
adverse effects of exposure to a hazardous chemical; or
(b)
improper handling of a hazardous chemical;
presence‑sensing safeguarding system
includes —
(a) a
sensing system that uses 1 or more forms of radiation either
self‑generated or otherwise generated by pressure; and
(b) the
interface between the final switching devices of the sensing system and the
machine primary control elements; and
(c) the
machine stopping capabilities, by which the presence of a person or part of a
person within the sensing field will cause the dangerous parts of a machine to
be brought to a safe state;
pressure equipment means boilers, pressure vessels
and pressure piping;
pressure piping —
(a)
means an assembly of pipes, pipe fittings, valves and pipe accessories subject
to internal or external pressure and used to contain or convey fluid or to
transmit fluid pressure; and
(b)
includes distribution headers, bolting, gaskets, pipe supports and pressure
containing accessories; but
(c) does
not include —
(i)
a boiler or pressure vessel; or
(ii)
piping to which another written law applies;
pressure vessel —
(a)
means a vessel subject to internal or external pressure; and
(b)
includes —
(i)
interconnected parts and components, valves, gauges and
other fittings up to the first point of connection to connecting piping; and
(ii)
fired heaters; and
(iii)
gas cylinders;
but
(c) does
not include a boiler or pressure piping;
principal contractor , in relation to a
construction project, has the meaning given in regulation 293;
processing , in relation to a CSS, has the meaning
given in regulation 529A(1);
product identifier means the name or number used
to identify a product on a label or in a safety data sheet;
prohibited carcinogen means a
substance —
(a)
listed in Schedule 10 Table 10.1 column 2; and
(b)
present in a concentration of —
(i)
for a solid or liquid — 0.1% or more,
determined as a weight/weight (w/w) concentration; and
(ii)
for a gas — 0.1% or more, determined as a
volume/volume (v/v) concentration;
psychosocial hazard has the meaning given in
regulation 55A;
psychosocial risk has the meaning given in
regulation 55B;
quantity , in Chapter 7, means —
(a) for
a hazardous chemical that is not a liquid or a gas or a gas under pressure and
is in a container or storage or handling system — the mass in
kilograms of the hazardous chemical in the container or storage or handling
system; and
(b) for
a hazardous chemical that is a liquid and is not a gas under pressure and is
in a container or storage or handling system — the net capacity in
litres of the container or storage or handling system; and
(c) for
a hazardous chemical that is a gas or gas under pressure in a container or
storage or handling system — the water capacity in litres of the
container or storage or handling system; and
(d) for
a hazardous chemical that is a thing and is not a gas — the net
capacity of the part of the thing that comprises a hazardous chemical;
reach stacker means a powered reach stacker that
incorporates an attachment for lifting and lowering a shipping container;
reciprocating steam engine —
(a)
means equipment that is driven by steam acting on a piston causing the piston
to move; and
(b)
includes an expanding (steam) reciprocating engine;
registered medical practitioner means a person
registered under the Health Practitioner Regulation National Law (Western
Australia) in the medical profession;
registered training organisation (RTO) means a
training organisation listed as a registered training organisation on the
National Register established under the National Vocational Education and
Training Regulator Act 2011 (Commonwealth);
relevant fee , in relation to a matter, means the
fee specified in Schedule 2 for that matter;
research chemical means a substance or mixture
that —
(a) is
manufactured in a laboratory for genuine research; and
(b) is
not for use or supply for a purpose other than analysis or genuine research;
respirable asbestos fibre means an asbestos fibre
that —
(a) is
less than 3 micrometres wide; and
(b) more
than 5 micrometres long; and
(c) has
a length to width ratio of more than 3:1;
restricted carcinogen means a
substance —
(a)
listed in Schedule 10 Table 10.2 column 2 for a use listed in column
3; and
(b)
present in a concentration of —
(i)
for a solid or liquid — 0.1% or more,
determined as a weight/weight (w/w) concentration; and
(ii)
for a gas — 0.1% or more, determined as a
volume/volume (v/v) concentration;
retailer means a person whose principal business
is supplying consumer products to members of the public who are not engaged in
the further supply of those products;
rigging work means —
(a) the
use of mechanical load shifting equipment and associated gear to move, place
or secure a load using plant, equipment or members of a structure to ensure
the stability of those members; or
(b) the
setting up or dismantling of cranes or hoists;
roof , in Part 3.2 Division 7A, has the
meaning given in regulation 50A;
safe oxygen level means a minimum oxygen content
of air of 19.5% by volume under normal atmospheric pressure and a
maximum oxygen content of air of 23.5% by volume under normal atmospheric
pressure;
safety data sheet means a safety data sheet
prepared under regulation 330 or 331;
Safe Work Australia means Safe Work Australia as
established under the Safe Work Australia Act 2008 (Commonwealth)
section 5;
safe work method statement , in relation to high
risk construction work, means a safe work method statement referred to in
regulation 299 (as revised under regulation 302);
scaffold means a temporary structure specifically
erected to support access or working platforms;
scaffolding work means erecting, altering or
dismantling a temporary structure that is or has been erected to support a
platform and from which a person or object could fall more than 4 metres from
the platform or the structure;
self‑erecting tower crane means a
crane —
(a) that
is not disassembled into a tower element and a boom or jib element in the
normal course of use; and
(b)
where the erection and dismantling processes are an inherent part of the
crane’s function;
shaft means a vertical or inclined way or opening,
from the surface downwards or from any underground working, the dimensions of
which (apart from the perimeter) are less than its depth;
signal word means the word “danger” or
“warning” used on a label to indicate to a label reader the
relative severity level of a hazard, and to alert the reader to a potential
hazard, under the GHS;
silica risk control plan means, in relation to the
processing of a CSS that is high risk, a silica risk control plan prepared
under regulation 529CB;
sintered stone does not include a product that
contains resin;
slewing mobile crane —
(a)
means a mobile crane incorporating a boom or jib that can be slewed; but
(b) does
not include any of the following when configured for crane
operation —
(i)
a front‑end loader;
(ii)
a backhoe;
(iii)
an excavator;
(iv)
other earth moving equipment;
slinging techniques means the exercising of
judgment in relation to the suitability and condition of lifting gear and the
method of slinging, by consideration of the nature of the load, its mass and
its centre of gravity;
smoke , in Part 3.2 Division 7A, has the
meaning given in regulation 50A;
specified VET course means —
(a) in
relation to general construction induction training — the VET
course Work Safely in the Construction Industry or a corresponding subsequent
VET accredited course; or
(b) in
relation to Class A asbestos removal work — the VET course Remove
friable asbestos ; or
(c) in
relation to Class B asbestos removal work — the VET course Remove
non‑friable asbestos ; or
(d) in
relation to the supervision of asbestos removal work — the VET
course Supervise asbestos removal ; or
(e) in
relation to asbestos assessor work — the VET course Conduct
asbestos assessment associated with removal ; or
(f) in
relation to high risk work — the relevant VET course specified in
Schedule 4; or
(g) in
relation to the supervision of tilt‑up work in construction —
the VET course Supervise tilt‑up work ; or
(h) in
relation to tilt‑up work in manufacturing and construction —
the VET course Identify requirements for safe precast and tilt‑up work ;
steam turbine means equipment that is driven by
steam acting on a turbine or rotor to cause a rotary motion;
structure , in Chapter 6, has the meaning
given in regulation 290;
substance , in Part 7.1, means a chemical
element or compound in its natural state or obtained or generated by a
process —
(a)
including any additive necessary to preserve the stability of the element or
compound and any impurities deriving from the process; but
(b)
excluding any solvent that may be separated without affecting the stability of
the element or compound, or changing its composition;
supplier , in relation to plant, a substance or a
structure, has the meaning given in section 25(1) of the Act;
suspended scaffold means a scaffold incorporating
a suspended platform that is capable of being raised or lowered when in use;
technical name , in the definition of chemical
identity , means a name that is —
(a)
ordinarily used in commerce, regulations and codes to identify a substance or
mixture, other than an International Union of Pure and Applied Chemistry or
Chemical Abstracts Service name; and
(b)
recognised by the scientific community;
temporary work platform means —
(a) a
fixed, mobile or suspended scaffold; or
(b) an
elevating work platform; or
(c) a
mast climbing work platform; or
(d) a
work box supported by a crane, hoist, forklift truck or other form of
mechanical plant; or
(e)
building maintenance equipment, including a building maintenance unit; or
(f) a
portable or mobile fabricated platform; or
(g) any
other temporary platform that —
(i)
provides a working area; and
(ii)
is designed to prevent a fall;
theatrical performance means acting, singing,
playing a musical instrument, dancing or otherwise performing literary or
artistic works or expressions of traditional custom or folklore;
tilt‑up work , in Part 6.3
Division 4, has the meaning given in regulation 306A;
tobacco product , in Part 3.2
Division 7A, has the meaning given in regulation 50A;
tower crane —
(a)
means a crane that —
(i)
has a boom or a jib mounted on a tower structure; and
(ii)
if a jib crane, is of a horizontal or luffing jib type;
and
(iii)
has a tower structure that is demountable or permanent;
but
(b) does
not include a self‑erecting tower crane;
tractor —
(a)
means a motor vehicle, whether wheeled or track mounted, designed to provide
power and movement to any attached machine or implement by a transmission
shaft, belt or linkage system; but
(b) does
not include earthmoving machinery;
trench means a horizontal or inclined way or
opening —
(a) the
length of which is greater than its width and greater than or equal to its
depth; and
(b) that
commences at and extends below the surface of the ground; and
(c) that
is open to the surface along its length;
tunnel means an underground passage or opening
that —
(a) is
approximately horizontal; and
(b)
commences at the surface of the ground or at an excavation;
UN number has the same meaning as it has in
Attachment 2 of the ADG Code;
vehicle hoist means a device to hoist vehicles
designed to provide access for under‑chassis examination or service;
vehicle loading crane means a crane mounted on a
vehicle for the purpose of loading and unloading the vehicle;
VET course has the meaning given in the National
Vocational Education and Training Regulator Act 2011 (Commonwealth)
section 3;
wall , in Part 3.2 Division 7A, has the
meaning given in regulation 50A;
WHS management plan , in relation to a
construction project, means a management plan prepared or revised under
Part 6.4;
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 positioning system means any plant or
structure, other than a temporary work platform, that enables a person to be
positioned and safely supported at a location for the duration of the relevant
work being carried out.
[Regulation 5 amended: SL 2022/214
r. 4; SL 2023/134 r. 4; SL 2024/139 r. 4
and 15.]