Authorised Version No.

013
Occupational Health and Safety
Regulations 2017
S.R. No. 22/2017
Authorised Version incorporating amendments as at
12 July 2022

TABLE OF PROVISIONS
Regulation Page
Chapter 1—Preliminary 1
Part 1.1—Introductory matters 1
1 Objectives 1
2 Authorising provisions 2
3 Commencement 3
4 Revocation of existing Regulations 3
5 Definitions 3
6 Determinations of Authority 55
6A Determination of facilities by Authority 58
7 Act compliance notes 59
8 Independent contractors 59
9 Health and safety representatives 60
10 Designers, manufacturers and suppliers 60
11 Duties of self-employed persons 61
12 References to Parts 61
Part 1.2—Incorporated documents 62
13 Documents incorporated as in force from time to time 62
14 Publication date of amendments to certain incorporated
documents 62
15 Date of effect of amendments to incorporated documents 63
16 Inconsistencies between provisions 63
Chapter 2—General duties and issue resolution 64
Part 2.1—General duties 64
18 Proper installation, use and maintenance of risk control
measures 64
19 Medical examinations and health monitoring 64
20 Reports of health monitoring to be kept confidential 65

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21 How to involve health and safety representatives in

consultation 66
Part 2.1A—Collection and use of COVID-19 vaccination
information 68
21A Definitions 68
21B Meaning of COVID-19 vaccination information 69
21C Interaction with pandemic orders 70
21D Collection and use of COVID-19 vaccination information 70
21E Destruction of COVID-19 vaccination information 71
21F Revocation of Part 71
Part 2.2—Issue resolution procedures 72
22 Application of Part 72
23 Parties to the resolution of issues 72
24 Procedure for reporting issues 73
25 Procedure for resolving issues 74
Chapter 3—Physical hazards 76
Part 3.1—Hazardous manual handling 76
26 Hazard identification 76
27 Control of risk 76
28 Review of risk control measures 78
Part 3.2—Noise 80
Division 1—Duties of designers, manufacturers and suppliers of
plant 80
29 Designers 80
30 Manufacturers 80
31 Suppliers 81
Division 2—Duties of employers 81
32 Determination of exposure to noise 81
33 Record of determinations 82
34 Control of exposure to noise 83
35 Hearing protector signs and labels 86
36 Review of risk control measures 86
Division 3—Audiometric tests and audiological examinations 87
37 Audiometric tests 87
38 Audiological examinations 88
39 Report of audiological examination 88
40 Test results and examination reports 88

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Part 3.3—Prevention of falls 90

Division 1—Introductory matters 90
41 Application of Part 90
42 Application to employers of emergency service employees 91
Division 2—Duties of employers 92
43 Hazard identification 92
44 Control of risk 93
45 Use of ladder as a control measure 94
46 Use of administrative control only 95
47 Use of plant to control risk 95
48 Review of risk control measures 96
49 Emergency procedures 97
Part 3.4—Confined spaces 99
Division 1—Introductory matters 99
50 Application to employers of emergency service employees 99
Division 2—Duties of designers, manufacturers and suppliers of
plant 99
51 Designers 99
52 Manufacturers 100
53 Suppliers 100
Division 3—Duties of employers and self-employed persons 101
54 Application of Division 101
55 Hazard identification 101
56 Control of risk 102
57 Isolation of plant and services 103
58 Atmosphere 103
59 Fire or explosion 105
60 Flammable gases or vapours 105
61 Signs 106
62 Review of risk control measures 107
63 Confined space entry permit 107
64 Employer to keep entry permits 108
65 Communication and initiation of emergency procedures 109
66 Procedures to indicate entry into confined space 109
67 Procedures to ensure exit from confined space 109
68 Record of exit from confined space 110
69 Emergency procedures 110
70 Emergency procedures—personal protective equipment 111
71 Emergency procedures—entry and exit for rescue 112
72 Emergency procedures—maintenance of plant 113
73 Information, instruction and training 113

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Part 3.5—Plant 115

Division 1—Introductory matters 115
74 Application of Part 115
75 Hazard identification may be for classes of plant 116
Division 2—Duties of designers of plant 117
76 Hazard identification 117
77 Guarding 117
78 Operator controls 119
79 Emergency stop devices 120
80 Warning devices 121
81 Designer must give information to manufacturer 122
82 Hazard identified in design during manufacture 122
83 Records and information 123
84 Record of standards or engineering principles used 124
Division 3—Duties of manufacturers of plant 124
85 Control of risk 124
86 Information must be given by a manufacturer 126
87 Records and information 126
Division 4—Duties of suppliers of plant 127
Subdivision 1—General 127
88 Application of Subdivision 127
89 Information to be given—new plant 127
90 Information to be given—used plant 128
91 Information to be given—scrap material 129
92 Roll-over protection on tractors 129
Subdivision 2—Supplier who hires or leases plant 130
93 Inspection and maintenance 130
94 Records 130
Subdivision 3—Agent who sells plant 131
95 Information must be obtained and given by agent 131
Division 5—Duties of employers and self-employed persons who
use plant 131
Subdivision 1—Application of Division 131
96 Application of Division 131
Subdivision 2—Control of risk—generally 131
97 Hazard identification 131
98 Control of risk 132

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99 Specific risk control measures—Guarding 133

100 Specific risk control measures—Guarding and insulation
from heat and cold 135
101 Specific risk control measures—Operator controls 135
102 Specific risk control measures—Emergency stop devices 137
103 Specific risk control measures—Warning devices 137
104 Specific risk control measures—Installation, etc. of plant 138
105 Use of plant 139
106 Record of inspection and maintenance 140
107 Plant not in use 141
Subdivision 3—Control of risk associated with specific plant 141
108 Subdivision not to limit regulations 98 to 107 141
109 Powered mobile plant 141
110 Warning devices on powered mobile plant 142
111 Roll-over protection on tractors 143
112 Industrial lift trucks 143
113 Warning devices on industrial lift trucks 144
114 Electrical plant and electrical hazards 145
115 Plant used to lift or suspend loads 145
116 Lifts 147
117 Notice of rated capacity of lift 148
118 Scaffolds 148
119 Tower cranes 149
120 Employer or self-employed person to keep certain design
information available 150
Subdivision 4—Other duties 150
121 Review of risk control measures 150
122 Information, instruction and training 151
123 Information for persons involved in a plant activity 152
124 Notice of prescribed incidents 153
Division 6—Registration of plant designs 153
125 Plant designs to be registered 153
126 Altered plant designs to be registered 153
127 Recognition of interstate designs 154
Part 3.6—High risk work 156
Division 1—Requirement to be licensed 156
128 Person must not perform high risk work without licence 156
129 Employer must not allow unlicensed employee to perform
high risk work 156
130 Exceptions to regulations 128 and 129 156
131 Recognition of interstate licences 158

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Division 2—Training 159

132 Trainee to be under direct supervision 159
133 Person conducting training must ensure supervision 160
Division 3—Assessments of competency 160
134 How to obtain an assessment of competency 160
135 Method of assessment 161
136 Assessment instruments 162
137 Process for re-assessment 162
138 Person may work while application for high risk work
licence or renewal is being processed 162
Division 4—Authorisation of assessors 163
139 Authorisation to carry out assessments of competency 163
Chapter 4—Hazardous substances and materials 164
Part 4.1—Hazardous substances 164
Division 1—Introductory matters 164
140 Application of Part 164
Division 2—Duties of manufacturers and suppliers 165
Subdivision 1—Introductory matters 165
141 Application of Division 165
142 Certain regulations not to apply 165
Subdivision 2—Determination of hazardous substances 166
143 Determination of hazardous substances 166
Subdivision 3—Safety data sheet 166
144 Preparation of a safety data sheet 166
145 What must a safety data sheet contain? 167
146 Review and revision of safety data sheet 168
147 Duty to provide current safety data sheet 169
148 Duty to provide revised safety data sheet 169
Subdivision 4—Labels 170
149 Manufacturers and importing suppliers must label
containers 170
150 Recognition of other labelling systems 172
151 Supplier must ensure container is labelled 175
152 Disclosure of chemical identity to registered medical
practitioner 175

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Division 3—Duties of employers and self-employed persons 176

Subdivision 1—Prohibited hazardous substances 176
153 Prohibited hazardous substances 176
Subdivision 2—Duties of employers 177
154 Application of Subdivision 177
155 Safety data sheet to be obtained 178
156 Safety data sheet must be readily accessible 178
157 Information in safety data sheet must not be altered 179
158 Containers must be labelled 179
159 How long must a container be labelled? 180
160 Identification of hazardous substances in plant 180
161 Identification of containers of waste 181
162 Register of hazardous substances 181
163 Control of risk 182
164 Review of risk control measures 183
165 Exposure standard must not be exceeded 184
166 Atmospheric monitoring 185
167 Provision of results of atmospheric monitoring 185
168 Records of atmospheric monitoring 186
169 Health monitoring 186
170 Copy of report to Authority 188
171 Records of health monitoring 188
Part 4.2—Scheduled carcinogenic substances 189
172 Application of Part 189
173 Supply of scheduled carcinogenic substances 189
174 Requirement to hold carcinogens licence 190
175 Records 191
176 Statement of work with scheduled carcinogenic substance 192
Part 4.3—Lead 193
Division 1—Introductory matters 193
177 Application of Part 193
178 What is a lead process? 193
179 Women treated as being of reproductive capacity 195
180 Authority may determine lead process 195
181 Medical examinations and biological monitoring 196
Division 2—Duties of employers 196
Subdivision 1—Provision of information 196
182 Information to job applicants 196
183 Information to employees 197

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Subdivision 2—Control of risks associated with lead processes 197

184 Control of risk 197
185 Review of risk control measures 198
186 Lead exposure standard not to be exceeded 199
187 Provision of results of monitoring 200
188 Containment of lead 201
189 Cleaning methods 201
190 Prohibition on eating, drinking and smoking 201
191 Provision of changing and washing facilities 202
192 Laundering, disposal and removal of protective clothing 202
Subdivision 3—Lead-risk work 203
193 What is lead-risk work? 203
194 Identification of lead-risk work 204
195 Notice and recording of lead-risk work 205
196 Health monitoring before first starting lead-risk work 206
197 Health monitoring for work subsequently identified as
lead-risk work 206
198 Frequency of biological monitoring 207
199 Removal from lead-risk work 210
200 Medical examination if removed from lead-risk work 212
201 Return after medical removal 213
202 Requirements for medical examinations 214
203 Information to go to Authority 216
204 Records 216
Division 3—Employee duties 217
205 Eating, drinking, smoking etc. 217
Part 4.4—Asbestos 218
Division 1—Introductory matters 218
206 Application of Part 218
207 Independent person 218
208 Asbestos-contaminated dust 219
Division 2—General requirements 220
209 Control risk of exposure—person who manages or controls
workplace 220
210 Control risk of exposure—employer or self-employed
person 221
211 Determination of employee's exposure 221
212 Results of atmospheric monitoring to be available 222
213 Analysis by approved asbestos laboratory 222

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Division 3—Prohibitions under the Occupational Health and

Safety Act 2004 222
214 Asbestos removal work 222
215 Removal of contaminated protective clothing 223
216 Use of certain tools or instruments 224
Division 4—Prohibitions under the Dangerous Goods Act 1985 225
Subdivision 1—Application of Division 225
217 General exclusions 225
Subdivision 2—Prohibitions 226
218 Manufacture of asbestos 226
219 Supply of asbestos 226
220 Storage of asbestos 227
221 Transport of asbestos 228
222 Sale of asbestos 228
223 Use of asbestos 229
224 Re-use, installation and replacement of asbestos 229
Division 5—Asbestos in workplaces 229
Subdivision 1—Application of Division 229
225 Application of Division 229
Subdivision 2—Duties of persons who manage or control
workplaces 230
226 Identification of asbestos 230
227 Asbestos register 232
228 Asbestos register to be kept current 232
229 Access to asbestos register 233
230 Provision of register by person relinquishing management
or control 234
231 Control of risk 234
232 Review of risk control measures 235
Subdivision 3—Duties of employers 235
233 Identification of asbestos 235
234 Information about risks to be given to person who manages
or controls workplace 237
235 Employer's asbestos register 238
236 Employer's asbestos register to be kept current 238
237 Access to employer's asbestos register 239
238 Control of risk 240
239 Review of risk control measures 240

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Division 6—Demolition and refurbishment where asbestos is

present 241
240 Application of Division 241
241 Review of asbestos register 242
242 Review of employer's asbestos register 243
243 Copies of asbestos registers to be obtained 243
244 Identification and removal of asbestos before demolition or
refurbishment 244
245 Determination of presence of asbestos 246
246 Requirements for asbestos removal work 247
247 Emergency procedures 248
248 Notice to Authority 249
Division 7—Removal of asbestos 250
Subdivision 1—General 250
249 Application of Division 250
Subdivision 2—Limited asbestos removal work 250
250 Limited asbestos removal work 250
251 Training record 251
252 Self-employed persons performing limited asbestos
removal work to have appropriate training 252
253 Asbestos register must be obtained 252
254 Protective clothing and protective equipment 253
255 Signs and barricades 253
256 Decontamination facilities and non-removal of personal
protective clothing or equipment 253
257 Decontamination of equipment 254
258 Elimination of airborne asbestos fibres 255
259 Waste containment 255
260 Disposal of asbestos waste 255
261 Laundering of clothing contaminated with asbestos 256
262 Medical examinations 257
263 Results of medical examinations 258
Subdivision 3—Class A and Class B asbestos removal work 258
264 Class A asbestos removal work 258
265 Class B asbestos removal work 259
266 Appointment of asbestos removal supervisors 260
267 Asbestos removal supervisor to be accessible 260
268 Information to job applicants and independent contractors 260
269 Persons performing asbestos removal work to be trained 261
270 Training record 261
271 Asbestos register to be obtained 262
272 Asbestos control plan 262
273 Asbestos control plan to be made available and accessible 263

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274 Elimination of airborne asbestos fibres 263

275 Requirements in respect of airborne asbestos fibres 264
276 Protective clothing and protective equipment for persons
performing asbestos removal work 265
277 Signs and barricades 266
278 Decontamination facilities 266
279 Waste containment 267
280 Disposal of asbestos waste 268
281 Laundering of clothing contaminated with asbestos 268
282 Medical examinations 269
283 Results of medical examinations 270
Subdivision 4—Additional duties—Class A asbestos removal work 271
284 Application of Subdivision 271
285 Asbestos removal supervisor to be on-site 271
286 Specific measures to control risk 271
287 Asbestos paraoccupational air monitoring requirements 272
288 Results of asbestos paraoccupational air monitoring to be
readily accessible 273
289 Use of glove bags 273
290 Requirements at the end of removal work 273
Subdivision 5—Duties of person who commissioned asbestos
removal work 274
291 Application of Subdivision 274
292 Asbestos paraoccupational air monitoring 274
293 Results of monitoring to be made available 275
294 Requirements at end of removal work 275
295 Results of inspection and monitoring to go to licence
holder 276
296 Independent person to have requisite knowledge, skills and
experience 276
297 Clearance certificates 277
Subdivision 6—Notice procedures 277
298 Notice of asbestos removal work 277
299 Notice in an unexpected situation 279
Subdivision 7—Duties to inform 280
300 Information to be provided to those in area 280
301 Information to be provided to persons occupying premises
in immediate and adjacent areas 280
Division 8—Activities involving asbestos 281
302 Application of Division 281
303 Identification of asbestos-related activities 283
304 Uncertainty as to presence of asbestos 283

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305 Asbestos register must be obtained 283

306 Elimination of airborne asbestos fibres 284
307 Specific measures to control risk 284
308 Review of risk control measures 286
309 Work area to be separate and signed 287
310 Work area to be kept clean 287
311 Medical examinations 287
312 Results of atmospheric monitoring to be made available 289
313 Results of medical examinations 289
314 Decontamination facilities 289
315 Waste containment 290
316 Disposal of asbestos waste 291
317 Laundering of clothing contaminated with asbestos 291
318 Provision of information to job applicants 292
319 Training record 292
Part 4.5—Crystalline silica 294
Division 1—Introductory matters 294
319A Application of Part 294
319B What is a crystalline silica process? 294
319C What is high risk crystalline silica work? 295
319D What is a crystalline silica hazard control statement? 295
319E What is an engineered stone process? 296
Division 2—Duties of manufacturers and suppliers 296
319F Application of Division 296
319G Manufacturer or supplier to give information about
crystalline silica substances 296
319H Review and revision of information 297
Division 3—Duties of employers and self-employed persons 298
Subdivision 1—High risk crystalline silica work 298
319I Application of Subdivision 298
319J Identification of high risk crystalline silica work 299
319K Record of high risk crystalline silica work 300
319L Crystalline silica hazard control statement required for
high risk crystalline silica work 301
319M Crystalline silica hazard control statement to be reviewed
and revised 302
319N Copy of crystalline silica hazard control statement to be
kept 303
319O Analysis of material to be used in quarrying or tunnelling
process 303

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Subdivision 2—Provision of information for high risk crystalline

silica work 304
319P Application of Subdivision 304
319Q Information to job applicants 304
319R Information, instruction and training for employees 304
Subdivision 3—Specific measures to control risks associated with
engineered stone 305
319S Specific risk control measures—use of power tool or
mechanical plant 305
319T Specific risk control measures—design and installation 306
319U Specific risk control measures—use and maintenance 306
319V Specific risk control measures—respiratory protective
equipment 307
319W Specific risk control measures—information, instruction
and training 307
319X Specific risk control measures—cleaning 308
Division 4—Licensing requirements 308
319Y Application of Division 308
319Z Requirement to hold engineered stone licence 308
319ZA Supply of engineered stone 309
319ZB Information to job applicants 310
319ZC Information, instruction and training for employees 310
319ZD Health monitoring to be conducted by specialist registered
medical practitioner 311
319ZE Providing health and atmospheric monitoring reports to the
Authority 312
319ZF Engineered stone control plan required 312
319ZG Statement of work 314
Division 5—Transitional provisions—engineered stone licences 315
319ZH Definition in this Division 315
319ZI No contravention of Division 4 of this Part during
transition period or later if application pending 315
319ZJ Requirement to apply for an engineered stone licence 316
319ZK Time for processing engineered stone licence application 317
319ZL Waiver of application fee during transition period 317
Chapter 5—Hazardous industries 318
Part 5.1—Construction 318
Division 1—Introductory matters 318
320 Application of Part 318
321 What is construction work? 318
322 What is high risk construction work? 320

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323 What is a structure? 321

324 What is a safe work method statement? 322
Division 2—Control of risk 322
Subdivision 1—Duties of employers and self-employed persons 322
325 Control of risk 322
326 Review of risk control measures 323
327 Safe work method statement required for high risk
construction work 324
328 Safe work method statement to be reviewed and revised 326
329 Copy of safe work method statement to be kept 326
330 Site-specific training 326
331 Emergency procedures 327
Subdivision 2—Duties of principal contractors 328
332 Application of Subdivision 328
333 Who is the principal contractor for a construction project? 329
334 Signage of principal contractor 329
335 Health and safety co-ordination plans 330
336 Content of health and safety co-ordination plans 330
337 Health and safety co-ordination plan available for
inspection 331
Division 3—Construction induction training 332
338 Application of Division 332
339 Construction induction training to be provided 332
340 Requirement to hold a current construction induction card 333
341 Employer must not allow a person to perform construction
work unless the person holds a current construction
induction card 333
342 Exemptions 333
343 Offence to refuse to accept a current construction induction
card 335
344 Application for construction induction card 335
345 Authority may refuse to recognise or accept a construction
statement of attainment obtained by fraud 336
346 Construction induction card 336
347 Construction induction card to be of unlimited duration 337
348 Destruction, loss and replacement of construction
induction cards 337
349 Lapse of construction induction cards 337
350 Authority may cancel construction induction card based on
false or misleading information 337
351 Authority may cancel construction induction card on
request 339
352 Construction induction card to be kept available 339

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353 Changes to information provided 339

Division 4—Notice of construction excavation work 340
354 Application of Division 340
355 Requirement to notify intention to perform construction
excavation work 341
Part 5.2—Major hazard facilities 343
Division 1—Introductory matters 343
356 Application of Part 343
357 Schedule 14 materials 343
Division 2—Requirement to be licensed or registered 344
358 Only licensed or registered major hazard facility to be
operated 344
Division 3—Authority may require information 345
359 Authority may require information 345
Division 4—Determination of major hazard facility 345
360 Operators of certain facilities to notify Authority 345
361 Changes to information provided 347
362 Inquiry before making determination 347
363 Authority may determine facility to be a major hazard
facility—notice 348
364 Authority may determine facility to be a major hazard
facility—own initiative 348
365 Written notice of determination 349
366 Effect of determination 349
Division 5—Duties of operator of a registered major hazard
facility 349
367 Outline of safety case 349
Division 6—Safety duties of operators 351
368 Identification of major incidents and major incident
hazards 351
369 Safety assessment 352
370 Operator to keep safety assessment available 354
371 Control of risk 354
372 Safety management system 355
373 Operator to keep safety management system available 355
374 Review of safety management system 356
375 Emergency plan 356
376 Emergency plan to be kept and sent to emergency services
and municipal councils 357

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377 Emergency plan must be tested 358

378 Emergency plan to be put into action if a major incident
occurs 358
379 Review by operator 359
380 Safety role for employees 361
Division 7—Controls under Dangerous Goods Act 1985—
Protection of property 362
381 Risk control measures 362
382 Property protection assessment 362
383 Review of property protection assessment 363
Division 8—Safety case 363
384 Operator to provide safety case 363
385 Content of safety case 364
386 Co-ordination of safety cases 365
387 Review of safety case 366
Division 9—Consulting, informing, instructing and training 367
388 Consultation with employees and health and safety
representatives 367
389 Information, instruction and training 368
390 Record of training 369
391 Further information and access to documents 369
392 Response to employee alert at major hazard facility 370
393 Information and instruction to non-employees at the
facility 370
394 Information to local community 370
395 Content of information 371
396 Consultation with municipal councils 372
397 Further information on request 373
Division 10—Duties of employees 373
398 General requirements 373
Part 5.3—Mines 375
Division 1—Introductory matters 375
399 What is a mine? 375
400 What is a mining hazard? 375
401 What is a prescribed mine? 376
402 Inquiry before making determination 377
403 Authority may determine that a mine is a prescribed mine 377
Division 2—Safety duties of mine operators 378
Subdivision 1—Risk control in all mines 378
404 Identification of mining hazards and assessment of risk 378

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405 Control of risk 378

406 Review by operator of a mine 380
Subdivision 2—Specific safety duties in all mines 381
407 Application of this Subdivision 381
408 Who may enter mine 381
409 Alcohol and drugs 383
410 Employee fatigue 384
411 Health monitoring 384
412 Report of health monitoring 385
413 Notice to Authority 386
414 Report provided on person ceasing work at mine 387
415 Communication in the event of an employee working alone 387
416 Communication in respect of shift change-over 387
Subdivision 3—Additional duties in prescribed mines 388
417 Application of this Subdivision 388
418 Safety management system 388
419 Operator to keep safety management system available 389
420 Review of safety management system 390
421 Safety assessment of major mining hazards 390
422 Operator to keep safety assessment available 392
423 Testing risk control measures for major mining hazards 392
423A Operators of prescribed mines to notify Authority 392
423B Changes to information provided—prescribed mines 393
424 Safety role for employees 393
425 Shafts and winding 394
426 Progress of mine workings 396
427 Emergency exit 397
428 Filling 398
429 Working environment 398
430 Ventilation system 399
431 Record of monitoring and testing 399
432 Prohibitions 400
433 Emergency plan 400
434 Emergency plan to be kept and sent to emergency services
and municipal councils 401
435 Emergency plan must be tested 402
436 Self-rescue 402
437 Plan of mine 403
438 Plan of mine to be available for inspection 404
Division 3—Consultation and information 404
439 Consultation with employees and health and safety
representatives 404
440 Information about adoption of risk control measure 405
441 Information, instruction and training 405

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442 Record of training 406

443 Further information and availability of documents in
respect of prescribed mines 406
444 Response to employee alert at prescribed mine 407
445 Information and instruction to non-employees 407
446 Information to job applicants 408
Division 4—Duties of employees 408
447 General requirements 408
448 Major mining hazards in prescribed mines 409
Chapter 6—Licensing and registration 410
Part 6.1—Licences 410
Division 1—Applications 410
Subdivision 1—General provisions 410
449 Matters to be included in licence application 410
450 Application fees—high risk work licences 411
451 Application fees—asbestos removal licences 411
451A Application fees—engineered stone licence 412
452 Matters to be satisfied before licence can be granted 413
453 Time for processing licence application 415
454 Authority may request additional information 415
455 Procedure if the Authority proposes to refuse to grant
licence 417
456 Form of evidence of licence document 418
457 When licence starts and ends 419
Subdivision 2—Additional provisions in relation to a high risk
work licence 420
458 Additional information to be included in high risk work
licence application 420
459 Additional matters to be satisfied before high risk work
licence can be granted 420
Subdivision 3—Additional provisions in relation to an asbestos
removal licence 421
460 Restriction on who may apply for asbestos removal licence 421
461 Scope of licence 422
462 Additional information to be included in asbestos removal
licence application 422
463 Additional matters to be satisfied before asbestos removal
licence can be granted 424

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Subdivision 4—Additional provisions in relation to a carcinogens

licence 425
464 Restriction on who may apply for carcinogens licence 425
465 Additional information to be included in carcinogens
licence application 425
466 Fee to be paid before a carcinogens licence can be granted 426
Subdivision 5—Additional provisions in relation to a major hazard
facility licence 427
467 Restriction on who may apply for major hazard facility
licence 427
468 Time limit for applications in relation to a registered major
hazard facility 427
469 Additional information to be included in major hazard
facility licence application 427
470 Additional matters to be satisfied before major hazard
facility licence can be granted 427
471 Additional time limits for notifying applicants 428
472 Fee to be paid before major hazard facility licence can be
granted 429
Subdivision 6—Additional provisions in relation to an engineered
stone licence 430
472A Restriction on who may apply for an engineered stone
licence 430
472B Additional information to be included in an engineered
stone licence application 430
472C Additional matters to be satisfied before engineered stone
licence can be granted 431
Division 2—Other provisions concerning a licence 432
Subdivision 1—General 432
473 Authority may impose terms and conditions on licence 432
474 Licence holder must comply with terms and conditions 433
475 Changes to information given in relation to a licence 434
476 Licence holder to keep evidence of licence available 435
477 Replacement of lost, stolen or destroyed licence documents 435
478 Nomination of additional asbestos removal supervisors 436
Subdivision 2—Additional provisions in relation to a major hazard
facility licence 436
479 Transfer of a major hazard facility licence 436
480 Notice of major hazard facility licence details in the
Government Gazette 437
481 Additional requirements concerning availability of copy of
major hazard facility licence 437

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Division 3—Amendment of licence 438

482 Authority may amend licence unilaterally 438
483 Authority may amend licence at the request of the licence
holder 439
484 Evidence of licence document to be returned on request if
licence amended 440
Division 4—Renewal of licence 441
485 Application for the renewal of licence (except a high risk
work licence) 441
486 Notice of intention to renew or refuse to renew a licence
(except a high risk work licence) 442
487 Procedure if the Authority proposes to refuse to renew
licence (except a high risk work licence) 442
488 Additional time limits for notifying applicants 443
489 Time in which licence continues to have effect 444
490 Application for the renewal of high risk work licence 445
491 Combining interstate and Victorian high risk work licences
on renewal 448
492 Renewal fees for certain licences 448
493 Fee to be paid before carcinogens licence can be renewed 449
494 Additional information required for the renewal of major
hazard facility licence 449
495 Fee to be paid before major hazard facility licence can be
renewed 449
Division 5—Suspension and cancellation of a licence 450
496 Grounds for suspension or cancellation 450
497 Matters that may be taken into account 453
498 Automatic suspension or cancellation of a high risk work
licence 454
499 Process for suspending or cancelling a licence in all other
cases 455
500 Extension of date of suspension or cancellation if review
sought 457
501 Partial suspension or cancellation of high risk work licence 458
502 Flow on suspension or cancellation of some classes of high
risk work licence 459
503 Authority may grant alternative asbestos removal licence 460
504 Inquiry into an interstate high risk work licence 460
505 Request to suspend or cancel licence 461
506 Evidence of licence document of suspended or cancelled
licence must be surrendered on demand 461

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Part 6.2—Registration 462

Division 1—Application of Part 462
507 Application of this Part 462
Division 2—Registration of plant designs 462
508 Application for registration of plant design 462
509 Information to be included in application for registration of
plant design 462
510 Duties of various persons associated with design
verification 464
511 Authority to notify applicant of deferral 465
512 Notice of registration 465
513 Registration to be of unlimited duration 466
Division 3—Registration of a major hazard facility 466
514 Eligibility to apply for registration to operate a major
hazard facility 466
515 Registration of a major hazard facility 467
516 Notice of registration 467
517 Registration expiry date 468
518 Variation of registration expiry date 469
519 Expiry of registration 469
Division 4—Withdrawal of registration 470
520 Authority may withdraw registration based on false,
misleading or incomplete information 470
521 Authority may withdraw registration on request 472
Division 5—General 472
522 Evidence of registration to be kept available 472
523 Changes to registration information provided 472
Part 6.3—Review of decisions 473
524 What is a reviewable decision? 473
525 What is a process review? 474
526 Who may apply for a process review 474
527 Time limits when applying for a process review 475
528 Review by the Authority 475
529 Process for new decisions to be started within 7 days 476
530 Right of Tribunal review 476
531 Notices of decisions must contain a copy of review rights 478

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Chapter 7—Administrative matters and exemptions 479

Part 7.1—Administrative matters 479
Division 1—Applications and notices 479
532 Form and information to be supplied 479
533 Return of incomplete applications or notices 479
Division 2—Notices 480
534 Means of giving written notice 480
Division 3—Submissions 480
535 Form of submissions to the Authority 480
Division 4—Entry permits for authorised representatives 480
536 Information to be included in entry permits 480
Part 7.2—Exemptions 482
537 Authority may grant exemptions from these Regulations 482
538 Exemptions in relation to high risk work 483
539 Who may apply for an exemption 483
540 Consultation 484
541 Applications 484
542 Grounds on which an exemption (other than in relation to
high risk work) may be granted 485
543 Grounds on which an exemption in relation to high risk
work may be granted 486
544 Conditions 487
545 Form and contents of exemptions 489
546 Notice of exemptions to be given to individual applicants 490
547 Notice of exemptions to be published 490
548 Additional obligation on the operator of a mine 491
549 Notice of refusal 491
550 Variation or revocation of exemption 491
551 Exemptions, revocations and variations not to have
retrospective effect 492
552 Terms and conditions to be made available 492
553 Fee for considering exemption application 493
Chapter 7A—Workplace Incidents Consultative Committee 494
553A Objective of this Chapter 494
553B Definitions 494
553C Membership of the Committee 495
553D Appointment of members who are affected persons 495
553E Terms of appointment and reappointment of members who
are affected persons 496
553F Appointment of government co-chairperson 496

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553G Provision of expert and technical advice 497

553H Vacancies in Committee membership 498
553I Circumstances for acting non-government co-chairperson 499
553J Appointment of acting government co-chairperson 500
553K Meetings of the Committee 500
553L Committee support 501
553M Duty to declare conflict of interest 501
553N Confidentiality 502
553O Review of this Chapter's operation 502
Chapter 7B—Enforcement 503
553P Infringement offences and infringement penalties 503
Chapter 8—Saving and transitional provisions 504
Part 8.1—General transitional provisions 504
554 Commencement day 504
555 General transitional provisions 504
556 Former Regulations 504
557 Licence classes for pressure equipment operation 504
558 Construction 506
559 Major hazard facilities—12 months transition period 506
560 Major hazard facilities—Other transition periods 507
560A GHS—24 months transition period 507
Schedule 1—Revocation of Regulations 509
Schedule 2—Plant requiring registration of design 510
Schedule 3—High risk work licence classes 513
Schedule 4—Pressure equipment for which high risk work licence
is not required 522
Schedule 5—High risk work—competency requirements 524
Schedule 6—Hazardous substances prohibited for specified uses 527
Schedule 7—Classification of mixtures 528
Schedule 8—Disclosure of ingredients in safety data sheets 533
Schedule 9—Hazardous substances—requirements for health
monitoring 537
Schedule 10—Prohibited carcinogenic substances 538
Schedule 11—Restricted carcinogenic substances 539
Schedule 12—Information required to be included in an asbestos
control plan 540

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Schedule 13—Information required to be included in a notice of

asbestos removal work 542
Schedule 14—Materials and their threshold quantities 544
Schedule 15—Additional matters to be included in major hazard
facility safety management system 560
Schedule 16—Matters to be included in major hazard facility
emergency plan 564
Schedule 17—Additional matters to be included in major hazard
facility safety case 568
Schedule 18—Information to be included in a notice under
regulations 360 and 423A or an application for registration
under regulation 514 573
Schedule 19—Entry permit statement 575
Schedule 20—Infringement offences and infringement penalties 577
═════════════
Endnotes 581
1 General information 581
2 Table of Amendments 583
3 Explanatory details 585

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 Authorised Version No. 013
Occupational Health and Safety
Regulations 2017
S.R. No. 22/2017
Authorised Version incorporating amendments as at
12 July 2022

Chapter 1—Preliminary
Part 1.1—Introductory matters
1 Objectives
The objectives of these Regulations are—
(a) to further the objects of the Occupational
Health and Safety Act 2004 by—
(i) providing for health and safety in
relation to workplaces and hazards,
activities and things at workplaces; and
(ii) providing for the management of
asbestos-containing materials in
workplaces, the removal of asbestos,
and the licensing of asbestos
removalists; and
(iii) providing for the safe operation of
major hazard facilities and mines in
order to reduce the likelihood of a
serious incident occurring; and
(iv) specifying training requirements for
certain persons engaged in construction
work at workplaces; and
(v) providing for the licensing of certain
persons engaged in high risk work at
workplaces; and

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(vi) providing procedures for the

resolution of health and safety issues
at workplaces; and
(vii) specifying the information to be
included in entry permits issued under
Part 8 of the Act; and
(viii) providing for other matters that are
required or permitted by the Act or that
are necessary to give effect to the Act;
and
(b) to further the objects of the Dangerous
Goods Act 1985 by—
(i) prohibiting the use of asbestos; and
(ii) providing for the protection of property
from damage from the use of dangerous
goods at major hazard facilities.
2 Authorising provisions
(1) This Chapter, Division 1 of Part 4.4, Division 1
of Part 5.2 and Chapter 7 are made under
section 158 of the Occupational Health and
Safety Act 2004 and section 52 of the
Dangerous Goods Act 1985.
(2) The remaining provisions of these Regulations
(except Division 4 of Part 4.4 and Division 7
of Part 5.2 and Chapter 9) are made under
section 158 of the Occupational Health and
Safety Act 2004.
(3) Division 4 of Part 4.4, Division 7 of Part 5.2
and Chapter 9 are made under section 52 of the
Dangerous Goods Act 1985.

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3 Commencement
(1) These Regulations (except regulation 376(c),
clause 19 of Schedule 3, clause 1.6(g) of
Schedule 16 and clause 10(b) of Schedule 17)
come into operation on 18 June 2017.
(2) Regulation 376(c), clause 19 of Schedule 3,
clause 1.6(g) of Schedule 16 and clause 10(b) of
Schedule 17 come into operation on 18 June 2018.
4 Revocation of existing Regulations
The Regulations set out in Schedule 1 are
revoked.
5 Definitions
In these Regulations—
A-weighted means a measure using a filter
designed to reflect the response of the
human ear at low sound pressure levels;
Act compliance provision means a provision of a
kind referred to in regulation 7;
ADG Code has the same meaning as in the
Dangerous Goods Act 1985;
administrative control means a system of work
or a work procedure that is designed to
eliminate or reduce a risk, but does not
include—
(a) a physical control; or
(b) the use of personal protective
equipment;
air-supplied respiratory protective equipment
means a device that supplies air to the wearer
from a source other than the ambient
atmosphere;

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alter, in relation to plant, means to change the

design of, add to, or take away from the plant
in a way that may affect health or safety, but
does not include routine maintenance, repairs
or replacements;
AMBSC Code means Australian Miniature Boiler
Safety Committee Code Parts 1, 2, 3 and 4
published by the Australian Miniature Boiler
Safety Committee;
Ambulance Service—Victoria has the same
meaning as in the Ambulance Services
Act 1986;
amusement structure means powered equipment
operated for hire or reward that provides
entertainment or amusement through
movement of the equipment, or part of the
equipment, or when passengers travel on,
around or along the equipment;
approved asbestos laboratory means a laboratory
approved—
(a) by NATA to perform asbestos fibre
counting or to identify asbestos in
samples; or
(b) by a scheme determined by the
Authority under regulation 6;
AS 2030—Gas Cylinders means—
(a) AS 2030.1 Gas cylinders, Part 1:
General requirements; and
(b) AS 2030.2 The verification, filling,
inspection, testing and maintenance of
cylinders for the storage and transport
of compressed gases, Part 2: Cylinders
for dissolved acetylene; and

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(c) AS 2030.4 The verification, filling,

inspection, testing and maintenance of
cylinders for the storage and transport
of compressed gases, Part 4: Welded
cylinders—Insulated; and
(d) AS 2030.5 Gas cylinders, Part 5:
Filling, inspection and testing of
refillable cylinders;
AS 2593 means Australian Standard AS 2593—
Boilers - Safety management and supervision
systems, sections 1, 2 and 3;
asbestos means—
(a) the asbestiform varieties of mineral
silicates belonging to the serpentine or
amphibole groups of rock-forming
minerals, including—
(i) actinolite asbestos; and
(ii) anthophyllite asbestos; and
(iii) chrysotile ("white asbestos"); and
(iv) crocidolite ("blue asbestos"); and
(v) grunerite asbestos (or amosite)
("brown asbestos"); and
(vi) tremolite asbestos; or
(b) any material or object, whether natural
or manufactured, that contains one or
more of the mineral silicates referred to
in paragraph (a);
Notes
1 The mineral silicates set out in paragraph (a)(i),
(ii), (v) and (vi) use the same name for both the
asbestiform and non-asbestiform varieties.
The word "asbestos" has been included here to
emphasise that only the asbestiform habit of
these minerals is regulated as asbestos by these
Regulations.

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2 A substance that contains both non-asbestiform

mineral silicates and a hazardous substance
is a hazardous substance to which Part 4.1
(Hazardous substances) applies.
asbestos-containing material means any
manufactured material or object that, as part
of its design, contains one or more of the
mineral silicates referred to in paragraph (a)
of the definition of asbestos (other than plant
in which asbestos is fixed or installed);
asbestos-contaminated dust means dust that is, or
is assumed under Part 4.4 (Asbestos) to be,
contaminated with asbestos;
asbestos exposure standard means 0·1 f/ml of air
measured in a person's breathing zone and
expressed as a time weighted average fibre
concentration of asbestos calculated over an
8 hour working day and measured over a
minimum period of 4 hours in accordance
with—
(a) the Membrane Filter Method; or
(b) a method determined by the Authority
under regulation 6;
asbestos occupational health and safety
management system means an occupational
health and safety management system that
is—
(a) related to asbestos removal work; and
(b) accredited or approved by JAS-ANZ or
determined by the Authority under
regulation 6;
asbestos paraoccupational air monitoring
means a procedure by which air is sampled
to estimate the airborne asbestos fibre
concentration in the occupational
environment, taken at fixed locations,

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usually between 1 and 2 metres above

floor level, in accordance with—
(a) the Membrane Filter Method; or
(b) a method determined by the Authority
under regulation 6;
asbestos register means the asbestos register
kept under regulation 227 as revised in
accordance with Part 4.4 (Asbestos);
asbestos-related activities has the meaning given
by regulation 302;
asbestos removal licence means—
(a) a Class A asbestos removal licence; or
(b) a Class B asbestos removal licence;
asbestos removal licence holder means an
employer or self-employed person who is the
holder of an asbestos removal licence issued
under Part 6.1 (Licences);
asbestos removal supervisor means a person who
is appointed by an asbestos removal licence
holder to oversee asbestos removal work in
accordance with regulation 266;
asbestos removal work, means the removal of
asbestos that is present at a workplace,
building, structure, ship or plant so that
the asbestos is no longer present in that
workplace, building, structure, ship or plant,
up to the point of containment;
asbestos waste means asbestos removed and
disposable items used during asbestos
removal work or asbestos-related activities,
including plastic sheeting and disposable
personal protective clothing and disposable
protective equipment including tools;

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assessment of competency means an assessment

under Division 3 of Part 3.6 (High risk
work);
atmospheric monitoring means a procedure by
which air is sampled within the breathing
zone of a person to measure and evaluate the
person's exposure to airborne contaminants;
audiological examination means the testing and
examination of a person's ear, and hearing
threshold, for the purpose of establishing the
type and cause of any hearing disorder;
audiometric test means the measurement of a
person's air conduction hearing threshold
levels by means of an electro-acoustic
instrument (audiometer), equipped with
earphones, that provides pure tones of
specified discrete frequencies at known
hearing levels;
Australian Qualifications Framework has the
same meaning as AQF has in the Education
and Training Reform Act 2006;

authorised assessor means a person who

is authorised by the Authority under
regulation 139 to carry out assessments
of competency in relation to one or more
classes of high risk work;
biological monitoring means the measurement
and evaluation of a substance, or its
metabolites, in the body tissue, fluids or
exhaled air of a person exposed to the
substance;
blood lead level means the concentration of lead
in whole blood expressed in micromoles
per litre (µmol/L) or micrograms per
decilitre (µg/dL);

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boiler means—
(a) in Part 3.6 (High risk work) and
Schedules 3 and 4—
(i) a vessel, or an arrangement of
vessels, and interconnecting
parts in which steam or other
vapour is generated, or water
or another liquid is heated at
a pressure above that of the
atmosphere by the application of
fire, the products of combustion
or similar means (other than
electrical power); and
(ii) the following equipment if
directly associated with those
vessels—
(A) pre-heaters, re-heaters,
superheaters and
economisers;
(B) boiler piping, boiler
setting, supports,
mountings, valves,
gauges, fittings and
controls up to, and
including, the first
connection point after
the first valve or valve
assembly;
but does not include—
(iii) a fully flooded or pressurised
system in which water or other
liquid is heated to a temperature
lower than the normal atmospheric
boiling temperature of the liquid;
or

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(iv) any vessel if the design of the

vessel enables it to operate
deprived of all liquid or vapour
that is intended to be heated,
without affecting the structure or
operation of the vessel; or
(v) a direct-fired process heater; and
(b) in any other case, a boiler within the
meaning of AS/NZS 1200 Pressure
equipment with a hazard level A, B, C
or D as determined by AS 4343
Pressure equipment—Hazard levels;
boom-type elevating work platform means a
powered telescoping device (including
vertical and inclined), hinged device or
articulated device or any combination of
those devices used to support a platform on
which persons, equipment and materials may
be elevated to perform work, but does not
include an industrial lift truck;
breathing zone means a hemisphere of
300 millimetres radius extending in front
of a person's face measured from the
mid-point of an imaginary straight line
joining the ears;
bridge crane means a crane that—
(a) consists of one or more bridge beams
mounted at each end to an end carriage;
and
(b) is capable of travelling along elevated
runways; and
(c) has one or more hoisting mechanisms
that are able to travel across the bridge
beam or beams;

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building maintenance equipment means a

suspended platform, including a building
maintenance unit or a swing stage, that
incorporates permanently installed overhead
supports to provide access to the faces of a
building for maintenance, but does not
include a suspended scaffold;
building maintenance unit means a powered
appliance with a suspended platform,
permanently installed or intended to be
permanently installed on a building and
specifically designed to provide access to the
faces of the building for a person working
from the platform;
carcinogens licence means—
(a) a licence to use a Schedule 10
carcinogenic substance at a laboratory;
or
(b) a licence to use a Schedule 11
carcinogenic substance at a laboratory;
or
(c) a licence to use a Schedule 11
carcinogenic substance at a workplace
other than a laboratory;
CAS number means the unique identifier
allocated to a particular chemical substance
by the Chemical Abstracts Service;
chairlift means an aerial powered ropeway that
incorporates either elevated open chairs or
closed cabins (gondola-type);
Chemical Abstracts Service (or CAS) is a division
of the American Chemical Society;

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chemical identity means a name that gives a

chemical a unique chemical identity and
that—
(a) accords with the nomenclature systems
of the International Union of Pure and
Applied Chemistry or the Chemical
Abstracts Service; or
(b) is a name that is—
(i) ordinarily used to identify the
chemical; and
(ii) recognised by the scientific
community;
Class, in Schedule 14, has the same meaning as in
the ADG Code;
Class A asbestos removal licence means a
licence granted under Part 6.1 (Licences)
that permits the holder to perform asbestos
removal work in accordance with
regulations 264 and 265;
Class A asbestos removal work, means asbestos
removal work (other than limited asbestos
removal work) involving the removal of—
(a) friable asbestos; or
(b) asbestos-contaminated dust (other than
asbestos-contaminated dust associated
with or derived from the removal of
non-friable asbestos);
Class B asbestos removal licence means a
licence granted under Part 6.1 (Licences)
that permits the holder to perform asbestos
removal work in accordance with
regulation 265;

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Class B asbestos removal work, means asbestos

removal work (other than limited asbestos
removal work) involving the removal of—
(a) non-friable asbestos; or
(b) asbestos-contaminated dust associated
with or derived from the removal of
non-friable asbestos;
Classification Code has the same meaning as in
the ADG Code;
competency standard means the standard set
under the unit of competency for the
specified VET course for a licence to
perform a class of high risk work;
concrete-placing boom means powered mobile
truck-mounted plant incorporating a knuckle
boom that is capable of power-operated
slewing and luffing to place concrete by
way of pumping concrete through a pipeline
attached to, or forming part of, the boom of
the plant;
confined space means a space in any vat, tank,
pit, pipe, duct, flue, oven, chimney, silo,
reaction vessel, container, receptacle,
underground sewer or well, or any shaft,
trench or tunnel or other similar enclosed or
partially enclosed structure, if the space—
(a) is, or is intended to be, or is likely to
be, entered by any person; and
(b) has a limited or restricted means for
entry or exit that makes it physically
difficult for a person to enter or exit
the space; and
(c) is, or is intended to be, at normal
atmospheric pressure while any person
is in the space; and

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

likely to contain—
(i) an atmosphere that has a harmful
level of any contaminant; or
(ii) an atmosphere that does not have
a safe oxygen level; or
(iii) any stored substance, except
liquids, that could cause
engulfment—
but does not include a shaft, trench or tunnel
that is a mine or is part of the workings of a
mine;
confined space entry permit means a confined
space entry permit issued by an employer in
accordance with regulation 63;
construction excavation, in Part 5.1
(Construction), means the following—
(a) a trench if the excavated depth is more
than 15 metres;
(b) a shaft if the excavated depth is more
than 2 metres;
(c) a tunnel;
construction induction card means a construction
induction card issued by the Authority under
regulation 346;
construction induction training means a unit
of competency of general occupational
health and safety induction training to the
construction industry endorsed or accredited
under the Australian Qualifications
Framework;

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Construction Industry Basic Induction training

course means the Construction Industry
Basic Induction training course conducted
under the auspices of the tripartite industry
forum, Foundations for Safety Construction
Industry Training Agreement commencing
1 February 2001;
construction project means a project involving
construction work and includes preparation
and planning of the proposed construction
work;
construction RTO means an RTO whose
registration allows delivery of—
(a) construction induction training; or
(b) the Construction Industry Basic
Induction training course;
construction statement of attainment means a
certification issued by a construction RTO
stating that the person to whom it is issued
has completed—
(a) construction induction training; or
(b) the Construction Industry Basic
Induction training course—
but does not include a certification issued by
a construction RTO, or an RTO in a class of
construction RTOs, determined by the
Authority under regulation 6, if the
certification is issued after the determination
takes effect;
construction work has the meaning given by
regulation 321;
consumer package means a package that is
intended for retail display and sale;

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container, in Part 4.1 (Hazardous substances),

means anything in or by which a hazardous
substance is or has been wholly or partly
encased, covered, enclosed, contained or
packed (whether empty, partially full or full),
but does not include the fuel tank of a
vehicle;
contaminant means any substance that may be
harmful to health or safety;
conveyor means equipment (including the
superstructure, gear and auxiliary equipment
used in connection with the equipment) by
which loads are, or are capable of being,
raised, lowered, transported or continuously
driven, by—
(a) an endless belt, rope or chain or other
similar means; or
(b) buckets, trays or other containers or
fittings moved by an endless belt, rope,
chain or similar means; or
(c) a rotating screw; or
(d) a vibration or walking beam; or
(e) a powered roller conveyor if the rollers
are driven by an endless belt, rope or
chain or other similar means;
Country Fire Authority has the same meaning
as Authority has in the Country Fire
Authority Act 1958;
crane means an appliance intended for raising or
lowering a load and moving it horizontally
(including the supporting structure of the
appliance and its foundations), but does not
include any of the following—
(a) an industrial lift-truck;

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(b) earthmoving machinery;

(c) an amusement structure;
(d) a tractor;
(e) an industrial robot;
(f) a conveyor;
(g) building maintenance equipment;
(h) a suspended scaffold;
(i) a lift;
crystalline silica means crystalline polymorphs of Reg. 5 def. of
crystalline
silica, including the following substances— silica
inserted by
(a) quartz; S.R. No.
137/2021
(b) cristobalite; reg. 5(1).

(c) tridymite;
(d) tripoli;
crystalline silica hazard control statement has the Reg. 5 def. of
crystalline
meaning given by regulation 319D; silica hazard
control
statement
inserted by
S.R. No.
137/2021
reg. 5(1).

crystalline silica process has the meaning given Reg. 5 def. of

crystalline
by regulation 319B; silica process
inserted by
S.R. No.
137/2021
reg. 5(1).

crystalline silica substance means any substance Reg. 5 def. of

crystalline
that— silica
substance
(a) contains more than 1% crystalline inserted by
S.R. No.
silica; and 137/2021
reg. 5(1).
(b) is reasonably likely to be mechanically
processed at a workplace; and

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(c) is not in a respirable form;

current safety data sheet, in relation to a
hazardous substance, means—
(a) the safety data sheet prepared for the
substance by the manufacturer or
importing supplier of the substance
under regulation 144(1) or equivalent
legislation; or
(b) if the safety data sheet referred to in
paragraph (a) has been revised by the
manufacturer or importing supplier of
the substance, the safety data sheet as
revised;
C-weighted means a measure using a filter
designed to reflect the response of the human
ear at high sound pressure levels;
dangerous goods means dangerous goods
within the meaning of the Dangerous Goods
Act 1985;
decommissioning, in relation to plant, includes
performing necessary adjustments, tests and
inspections before the plant ceases operation
and during the process of ceasing operation;
demolition, in Part 5.1 (Construction), means the
complete or partial dismantling of a building
or structure by planned and controlled
methods or procedures;
derrick crane means a powered slewing
strut-boom crane with its boom pivoted at
the base of a mast and—
(a) the mast is either guyed (guyed-derrick)
or held by backstays (stiff-legged
derrick); and
(b) the boom is capable of luffing under
load;

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direct-fired process heater means an arrangement

of tubes comprising one 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,
fractionation, reaction or other petrochemical
process of the process fluid, whether the
fluid is liquid or gas, or a combination of
liquid and gas;
Division, in Schedule 14, has the same meaning as
in the ADG Code;
dogging work means one or both of the
following—
(a) the application of slinging techniques,
including the selection or inspection of
lifting gear, to sling a load;
(b) the directing of a crane or hoist
operator in the movement of a load
when the load is out of the operator's
view;
domestic premises means domestic premises used
solely for domestic purposes;
Dust Class H Vacuum means— Reg. 5 def. of
Dust Class H
Vacuum
(a) a vacuum that complies with the inserted by
Class H requirements in AS/NZS S.R. No.
137/2021
60335.2.69:2017—Household and reg. 5(1).
similar electrical appliances—Safety—
Part 2.69: Particular requirements for
wet and dry vacuum cleaners, including
power brush, for commercial use; or
(b) a vacuum that complies with equivalent
requirements to the requirements
referred to in paragraph (a);

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Part 1.1—Introductory matters

earthmoving machinery means powered plant

used to excavate, load, transport, compact or
spread earth, overburden, rubble, spoil,
aggregate or similar material, but does not
include a tractor or industrial lift truck or a
vehicle designed to be used primarily as a
means of transport on public roads;
emergency plan means—
(a) in Part 5.2 (Major hazard facilities), an
emergency plan prepared under
regulation 375; or
(b) in Part 5.3 (Mines), an emergency plan
prepared under regulation 433;
emergency procedures means—
(a) in Part 3.3 (Prevention of falls), the
procedures established by an employer
under regulation 49; or
(b) in Part 3.4 (Confined spaces), the
procedures established by an employer
under regulation 69; or
(c) in Part 4.4 (Asbestos), the procedures
documented under regulation 247; or
(d) in Part 5.1 (Construction),
the procedures referred to in
regulation 331; or
(e) in Part 5.2 (Major hazard facilities),
the procedures referred to in
regulation 398;
emergency service means—
(a) Ambulance Service—Victoria; or
(b) the Country Fire Authority; or
(c) the Metropolitan Fire and Emergency
Services Board; or

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(d) Victoria Police; or

(e) the Victoria State Emergency Service
Authority;
emergency service employee means any of the
following, other than a volunteer—
(a) an officer or member of a metropolitan
fire brigade;
(b) an officer or member of an urban fire
brigade or rural fire brigade within the
meaning of the Country Fire
Authority Act 1958;
(c) an employee of Ambulance Service—
Victoria;
(d) a member of the Victoria State
Emergency Service;
(e) a police officer;
Note
Section 23 of the Act requires the employer to
ensure, so far as is reasonably practicable, that
persons, other than employees of the employer,
are not exposed to risks to their health or safety.
This includes volunteers.
emergency stop device means a device that
immediately stops, or effectively isolates the
hazardous operation of, an item of plant and
requires manual resetting;
Note
An emergency stop device is not an operational
stop control (see the definition of operational stop
control).
emergency work, in Part 5.1 (Construction),
means work that is required to be
immediately undertaken to rectify an
unexpected breakdown of an essential
service (including gas, water, sewerage,

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 Occupational Health and Safety Regulations 2017
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Part 1.1—Introductory matters

electricity and telecommunications) to

enable continuance of that service;
employer's asbestos register means the employer's
asbestos register kept under regulation 235
as revised in accordance with Part 4.4
(Asbestos);
Reg. 5 def. of engineered stone means a manufactured
engineered
stone composite stone material that contains—
inserted by
S.R. No. (a) resins; and
137/2021
reg. 5(1). (b) 40% or more crystalline silica;
Reg. 5 def. of engineered stone control plan means a document
engineered
stone control prepared by an engineered stone licence
plan holder or applicant in accordance with
inserted by
S.R. No. regulation 319ZF;
137/2021
reg. 5(1).

Reg. 5 def. of engineered stone licence means a licence required

engineered
stone licence under regulation 319Z;
inserted by
S.R. No.
137/2021
reg. 5(1).

Reg. 5 def. of engineered stone process has the meaning given

engineered
stone process by regulation 319E;
inserted by
S.R. No.
137/2021
reg. 5(1).
engineering control means a physical control of
any kind that is designed to eliminate or
reduce a risk, but does not include—
(a) a system of work or procedure; or
(b) the use of personal protective
equipment;

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Part 1.1—Introductory matters

Environment Protection Authority has the Reg. 5 def. of

same meaning as Authority has in the Environment
Protection
Environment Protection Act 2017; Authority
amended by
S.R. No.
88/2021 reg. 7.

equivalent legislation means legislation

of another State or Territory or the
Commonwealth relating to the use of
hazardous substances at a workplace;
Example
Laws of another State or Territory or the
Commonwealth relating to work health and safety.
evidence of licence document, in relation to a
licence, means the document given to the
licence holder by the Authority under
regulation 456 and includes any replacement
document issued under Part 6.1 (Licences);
explosive-powered tool means an implement used
to drive fasteners (including nails, bolts and
screws) against, into or through material by
means of explosive charges, and includes
every attachment to, and accessory of, the
implement, but does not include a firearm
within the meaning of the Firearms
Act 1996;
exposure standard means an exposure standard
set out in the Workplace Exposure Standards
for Airborne Contaminants, published by
SafeWork Australia on its Internet site;
facility means— Reg. 5 def. of
facility
substituted by
(a) any building or other structure on S.R. No.
land— 112/2021
reg. 5(b).
(i) that is a workplace; and

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Part 1.1—Introductory matters

(ii) at which Schedule 14 materials

are present or likely to be present;
or
(b) any ship, floating platform or other
place that the Authority determines is a
facility under regulation 6A;
fall, in Part 3.3 (Prevention of falls), means a
person's involuntary fall of more than
2 metres;
fall arrest system means equipment or material,
or a combination of equipment and material,
that is designed to arrest the fall of a person;
Example
Industrial safety net, catch platform or safety harness
system (other than a travel restraint system).
fatigue, in relation to an employee at a mine,
means an acute or ongoing state of tiredness
that exposes the employee or any other
person at the mine to a risk to health or
safety;
f/ml means fibres per millilitre;
forklift truck, in Part 3.6 (High risk work) and
Schedule 3, means a powered industrial truck
equipped with a mast and an elevating load
carriage to which is attached a pair of fork
arms or other loadholding attachment, but
does not include the following—
(a) a pedestrian-operated industrial truck;
(b) a pallet truck that is unable, by design,
to raise its fork arms 900 mm or more
above the ground;
(c) an order-picking forklift truck;
(d) a tractor fitted with a pair of fork arms
or other loadholding attachment;

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Occupational Health and Safety Regulations 2017
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Part 1.1—Introductory matters

friable means, when dry—

(a) may be crumbled, pulverised or
reduced to powder by hand pressure; or
(b) as a result of a work process
becomes such that it may be crumbled,
pulverised or reduced to powder by
hand pressure;
gantry crane means—
(a) in Part 3.6 (High risk work) and
Schedule 3 a powered crane that—
(i) consists of one or more bridge
beams supported at each end by
legs mounted on end carriages;
and
(ii) is capable of travelling on
supporting surfaces or deck levels,
whether fixed or not; and
(iii) has a crab with one or more
hoisting units that are able to
travel across the bridge beam or
beams; or
(b) in any other case a powered crane
that—
(i) consists of a bridge beam or
beams that are supported at one or
both ends by legs mounted to end
carriages; and
(ii) is capable of travelling along
runways; and
(iii) has one or more hoisting
mechanisms;

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 Occupational Health and Safety Regulations 2017
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Part 1.1—Introductory matters

gas cylinder means a rigid vessel not exceeding

3000 litres water capacity and without
openings or integral attachments on the shell
other than at the ends, designed for the
storage and transport of gas under pressure
and to which AS 2030—Gas Cylinders
applies;
Notes
1 See the definition of AS 2030—Gas Cylinders
which encompasses AS 2030.1, AS 2030.2,
AS 2030.4 and AS 2030.5.
2 A gas cylinder may be of any shape.
generic name, in relation to a substance, means a
name that describes the category or group of
chemicals to which the substance belongs;
Reg. 5 def. of GHS means the Globally Harmonized System of
GHS
substituted by Classification and Labelling of Chemicals,
S.R. No. seventh revised edition, published by the
141/2020
reg. 5(a). United Nations, as modified by Schedule 7;
glove bag means a single-use bag constructed
from transparent, heavy duty polyethylene
with built-in arms and access ports;
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 manual handling means work
requiring the use of force exerted by a person
to lift, lower, push, pull, carry or otherwise
move, hold or restrain—
(a) a thing if the work involves one or
more of the following—
(i) repetitive or sustained application
of force;

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Occupational Health and Safety Regulations 2017
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Part 1.1—Introductory matters

(ii) sustained awkward posture;

(iii) repetitive movement;
(iv) application of high force
involving a single or repetitive
use of force that it would be
reasonable to expect that a
person in the workforce may
have difficulty undertaking;
(v) exposure to sustained vibration;
(b) live persons or animals;
(c) unstable or unbalanced loads or loads
that are difficult to grasp or hold;
hazard pictogram means a graphical composition,
including a symbol combined with 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 substance including, if
appropriate, the degree of hazard;
hazardous substance means a substance that Reg. 5 def. of
hazardous
satisfies the criteria for hazard classification substance
set out in Part 3 (Health Hazards) of the amended by
S.R. No.
GHS, but does not include a substance that 141/2020
satisfies the criteria solely for one of the reg. 5(b).

following hazard classes—

(a) acute toxicity—oral—category 5;
(b) acute toxicity—dermal—category 5;
(c) acute toxicity—inhalation—category 5;
(d) skin corrosion/irritation—category 3;
* * * * *
(f) aspiration hazard—category 2;

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Part 1.1—Introductory matters

health monitoring of a person means monitoring

the person to identify changes in the person's
health status and may include audiometric
testing, medical examinations (including
audiological examinations) and biological
monitoring;
Note
"Health" includes psychological health (see section 5
of the Act).
hearing protector means a device that is designed
for the purpose of protecting a person's
hearing and that—
(a) is inserted into the ear canal; or
(b) covers the ear canal entrance; or
(c) covers the entire ear;
HEPA filter means a high efficiency
particulate air filter that is a disposable,
extended media, dry type filter, in a
rigid frame, with a minimum filtration
efficiency of 99·97% filtration for nominal
0·3 micrometres (µm) diameter thermally
generated dioctylphthalata particles or
an equivalent efficiency for a specified
alternative aerosol and with an initial
maximum resistance to airflow of
250 pascals when tested at its rated
airflow capacity;
high risk construction work has the meaning
given by regulation 322;
Reg. 5 def. of high risk crystalline silica work has the meaning
high risk
crystalline given by regulation 319C;
silica work
inserted by
S.R. No.
137/2021
reg. 5(1).

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Part 1.1—Introductory matters

high risk work means any work set out in

Schedule 3 as being within the scope of a
high risk work licence;
high risk work licence means any of the licences
listed in Schedule 3;
hire, in Part 3.5 (Plant), does not include
hire under a hire-purchase agreement or
hire-purchase contract;
hoist means an appliance intended for raising
or lowering persons or a load and includes
a mast climbing work platform, a personnel
and materials hoist, a scaffolding hoist and a
serial hoist, but does not include a lift or
building maintenance equipment;
importing supplier, in relation to a substance,
means a person who first supplies or intends
to first supply the substance in Victoria for
use at a workplace, but does not include—
(a) a person who manufactures the
substance in Victoria; or
(b) a wholesaler or retailer who has been
supplied with the substance by another
supplier in Victoria; or
(c) a retail warehouse operator;
independent person, in Part 4.4 (Asbestos), has
the meaning given by regulation 207;
industrial lift truck means powered mobile
plant (other than a crane or earthmoving
machinery) comprising a mast with an
elevating carriage to which a pair of fork
arms or other loadholding attachment is
attached, including—
(a) a truck on which the operator is raised
with the attachment for order-picking;
and

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Part 1.1—Introductory matters

(b) a truck where the frame and lift unit

straddle, raise, lower, move or stack
the load;
industrial robot means plant that is a
multifunctional manipulator and its
controllers, capable of handling materials,
parts or tools or specialised devices, through
variable programmed motions for the
performance of a variety of tasks;
industrial rope access system means a system
designed for the purpose of performing work
on a building or structure by a person and
consists of—
(a) equipment that enables the person to
manually raise or lower themselves in
a harness or seat supported by one or
more fibre ropes; and
(b) equipment used to anchor the ropes;
ingredient means any component of a substance
(including an impurity);
JAS-ANZ means the Joint Accreditation System
of Australia and New Zealand;
laboratory means a building, room or designated
area where a scheduled carcinogenic
substance is used for—
(a) scientific analysis or investigation; or
(b) research; or
(c) practical teaching;
laser means plant that produces a beam of
electromagnetic radiation in the wavelength
range from 100 nanometres to 1 millimetre
that is used for cutting, alignment, scanning
or measurement, but does not include
plant that produces light beams at these

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Occupational Health and Safety Regulations 2017
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Part 1.1—Introductory matters

wavelengths for the primary purpose of

illumination;
lead means lead metal, lead alloys or inorganic
lead compounds (including lead salts of
organic acids);
lead exposure standard means the maximum Reg. 5 def. of
lead exposure
airborne concentration of lead dust, standard
lead mist or lead fumes referred to in amended by
S.R. No.
regulation 186; 71/2018
reg. 4(a).

lead process has the meaning given by

regulation 178;
lead-risk work has the meaning given by
regulation 193;
licence means— Reg. 5 def. of
licence
amended by
(a) a high risk work licence; or S.R. No.
137/2021
(b) an asbestos removal licence; or reg. 5(2).

(c) a carcinogens licence; or

(d) a major hazard facility licence; or
(e) an engineered stone licence;
licence holder, in relation to a major hazard
facility licence, means—
(a) the person who was granted the licence,
unless that person has transferred the
licence; or
(b) if the licence has been transferred, the
last person to whom the licence was
transferred;
lift means permanent plant, or plant intended to
be permanently installed, in or attached to a
building or structure in which persons, goods
or materials may be raised or lowered within

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a car, chair or cage or on a platform and the

movement of which is restricted by a guide
or guides and includes an escalator, a
moving walk and a stairway lift;
limited asbestos removal work, means asbestos
removal work which is permitted under
regulation 250;
local area, in relation to a major hazard facility,
means the area surrounding the major hazard
facility, as indicated on the map forming part
of the emergency plan for the major hazard
facility prepared in accordance with
clause 1.2 of Schedule 16;
local community, in relation to a major hazard
facility, means—
(a) persons who reside in the local area for
the facility; and
(b) persons who have the management or
control of workplaces, or of places
where persons gather for recreational,
cultural or sporting purposes, located in
the local area for the facility;
Reg. 5 def. of local exhaust ventilation means an engineering
local exhaust
ventilation control that captures the emission of an
inserted by airborne contaminant at its source and
S.R. No.
137/2021 transports it to a safe emission point, filter or
reg. 5(1). scrubber;

major hazard facility means a facility—

(a) at which Schedule 14 materials are
present or likely to be present in a
quantity exceeding their threshold
quantity; or

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(b) determined by the Authority under

regulation 363 or 364 to be a major
hazard facility;
major hazard facility licence means a licence
granted under Part 6.1 (Licences) to operate
a major hazard facility;
major incident means an uncontrolled incident,
including an emission, loss of containment,
escape, fire, explosion or release of energy,
that—
(a) involves Schedule 14 materials; and
(b) poses a serious and immediate risk to
health or safety;
major incident hazard means an activity,
procedure, plant, process, substance,
situation or any other circumstance that
could cause, or contribute to causing, a
major incident;
major mining hazard means a mining hazard
that has the potential to cause an incident
that would cause, or pose a significant risk
of causing, more than one death;
mast climbing work platform means plant with a
working platform used to support and elevate
persons, equipment and materials by means
of a drive system that moves along an
extendable mast, but does not include a lift
or building maintenance equipment;
materials platform hoist means a powered
builder's hoist that—
(a) consists of a car, bucket or platform
cantilevered from, and travelling up and
down externally to, a face of the
support structure; and

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(b) is used only to raise or lower goods or

materials, not persons;
mechanical loadshifting equipment includes
cranes, hoists, cableways, flying foxes,
winches, blocks and purchases which
incorporate sheaves, jacks and air bags;
Membrane Filter Method means the method for
estimating airborne asbestos fibres in
accordance with the "Guidance Note on the
Membrane Filter Method for Estimating
Airborne Asbestos Fibres" prepared by the
National Health and Safety Commission and
published in 2005;
Metropolitan Fire and Emergency Services
Board has the same meaning as Board has in
the Metropolitan Fire Brigades Act 1958;
mine has the meaning given by regulation 399;
mine modification, in Part 5.3 (Mines), in relation
to a mine, means a change to any workings,
processes or plant, including the introduction
of new workings, processes or plant, that has
the effect of—
(a) creating a mining hazard that has not
previously been identified; or
(b) increasing the risk associated with a
mining hazard;
mining hazard has the meaning given by
regulation 400;
mobile crane means a crane capable of travelling
over a supporting surface without the need
for fixed runways;
modification, in Part 5.2 (Major hazard facilities),
in relation to a major hazard facility,
includes the following—

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(a) a change to any plant, processes or

substances used in processes, including
the introduction of new plant, processes
or substances;
(b) a change to the quantity of Schedule 14
materials present or likely to be present,
including the introduction of any new
Schedule 14 materials;
(c) a change in the safety role of
employees;
(d) a change to the safety management
system—
that has the effect of—
(e) creating a major incident hazard that
has not previously been identified; or
(f) increasing the likelihood of a major
incident occurring; or
(g) in relation to any major incident that
might occur, increasing—
(i) its magnitude; or
(ii) the severity of its consequences to
persons both on-site and off-site;
musculoskeletal disorder means an injury, illness
or disease that arises in whole or in part from
hazardous manual handling, whether
occurring suddenly or over a prolonged
period, but does not include an injury caused
by crushing, entrapment or cutting resulting
primarily from the mechanical operation of
plant;
NATA means the National Association of Testing
Authorities (Australia);

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negative air enclosure means an enclosed

asbestos removal area that is maintained
under negative air pressure to approximately
12 pascals;
noise exposure standard means—
(a) the 8 hour equivalent continuous
sound pressure level of 85 decibels (A)
measured in A-weighted decibels
referenced to 20 micropascals at an
employee's ear position; or
(b) the C-weighted peak hold
sound pressure level reading of
140 decibels (C) measured in decibels
referenced to 20 micropascals at an
employee's ear position;
non-slewing mobile crane means a powered
mobile crane with a capacity of more than
3 tonnes and which incorporates a boom
or jib that is not capable of being slewed,
including an articulated type mobile crane
and a locomotive crane, but does not include
a crane engaged in vehicle tow truck
operations;
notice of assessment means a written notice
given by an authorised assessor under
regulation 134;
Reg. 5 def. of notice of assessment (satisfactory) means a
notice of
assessment notice of assessment given by an authorised
(satisfactory) assessor under regulation 134(2)(a), but does
amended by
S.R. No. not include a notice of assessment issued by
71/2018 an authorised assessor determined by the
reg. 4(b).
Authority under regulation 6 if that notice is
issued after the determination takes effect;
occupational health and safety auditor
means a person who has the knowledge,
experience and skills required for an

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Part 1.1—Introductory matters

occupational health and safety auditor

under JAS-ANZ Procedure No. 02, Part 1,
Issue 3: Requirements for Bodies Providing
Audit and Certification of Occupational
Health and Safety Management Systems,
dated 18 August 2011;
operational stop control means a device used to
stop an item of plant under normal operation,
but does not include an emergency stop
device;
operator means—
(a) in Part 5.2 (Major hazard facilities),
in relation to a facility, the employer
who has management or control of the
facility; and
(b) in Part 5.3 (Mines), in relation to a
mine (including a prescribed mine),
the employer who has management
or control of the mine;
operator controls includes an operational stop
control and an emergency stop device;
operator protective device includes roll-over
protection, falling object protective structure,
operator restraining device and seat belt;
order-picking forklift truck means a powered
industrial truck with a mast and elevating
load carriage to which is attached a pair of
fork arms or other loadholding attachment
and where the operator's controls are
incorporated with the load carriage or lifting
media and elevate with it;
pallet truck means a non-counterbalanced
industrial truck where the operator is
intended to control the truck while riding
on the truck and where the truck is designed
to handle pallets and palletized loads by
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Part 1.1—Introductory matters

means of a fork (a pair of fork arms) which

is adjustable in elevation;
passive fall prevention device means material or
equipment, or a combination of material and
equipment, that is designed for the purpose
of preventing a fall and that, after initial
installation, does not require any ongoing
adjustment, alteration or operation by any
person to ensure the integrity of the device
to perform its function;
Examples
Temporary work platform, roof safety mesh or guard
railing.
perform, in relation to work, includes carry out;
person who commissioned the asbestos removal
work means the person managing or
controlling a workplace or the employer
who arranged for asbestos removal work
to be performed;
personal protective equipment includes
respiratory protective equipment and
personal protective clothing;
personnel and materials hoist, in Part 3.6
(High risk work) and Schedule 3, means a
powered builder's hoist—
(a) by which persons, goods or materials
may be raised or lowered; and
(b) which comprises a car, structure,
machinery or other equipment
associated with the hoist; and
(c) which may be any of the following—
(i) a cantilevered hoist;
(ii) a tower hoist;
(iii) a multiple winch operation;

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portal boom crane means a powered jib or

boom crane mounted on a portal frame that
is supported on runways along which the
crane may travel;
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 substance; or
(b) improper handling of a hazardous
substance;
presence-sensing safeguarding system includes—
(a) a sensing system that—
(i) is an electro-sensitive or pressure
sensitive system that employs
optoelectronic or pressure
sensitive devices to perform a
sensing and a control function; or
(ii) uses other technologies to perform
a sensing and a control function;
and
(b) the interface between the final
switching devices of the sensing
system and the machine primary
control elements; and
(c) the machine stopping capabilities, by
which the presence of a person or part
of a person within the sensing field will
cause the dangerous parts of a machine

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Part 1.1—Introductory matters

to be brought to a safe state before the

person can reach the dangerous parts;
prescribed mine has the meaning given by
regulation 401;
pressure equipment means—
(a) in Part 3.6 (High risk work) and
Schedules 3 and 4, a boiler, a turbine
or a reciprocating steam engine; and
(b) in any other case, boilers, pressure
vessels and pressure piping;
pressure piping means pressure piping within
the meaning of AS/NZS 1200 Pressure
equipment, with a hazard level A, B, C
or D as determined by AS 4343 Pressure
equipment—Hazard levels, but does not
include pressure piping that is regulated
under—
(a) the Gas Safety Act 1997; or
(b) the Petroleum Act 1998; or
(c) the Offshore Petroleum and
Greenhouse Gas Storage Act 2010; or
(d) the Water Industry Act 1994; or
(e) the Pipelines Act 2005; or
(f) any other Act (other than the
Occupational Health and Safety
Act 2004) that imposes statutory
controls over pressure piping
comparable to those listed in
paragraphs (a) to (e);

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pressure vessel means—

(a) a pressure vessel within the meaning
of AS/NZS 1200 Pressure equipment,
with a hazard level A, B, C or D as
determined by AS 4343 Pressure
equipment—Hazard levels; or
(b) a fired heater; or
(c) a gas cylinder—
but does not include a boiler or pressure
piping;
principal contractor has the meaning given by
regulation 333;
process review has the meaning given by
regulation 525;
product identifier means the name or number
used to identify a product;
published technical standard means a document
that gives technical information, guidance or
advice on plant, that is published by—
(a) a corresponding Authority; or
(b) Standards Australia; or
(c) the British Standards Institute; or
(d) the International Organisation for
Standardisation (ISO); or
(e) an organisation with substantially
equivalent objectives in relation to the
publication of technical information,
guidance or advice on plant to the
organisations listed in paragraphs (a)
to (d);

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reach stacker means powered mobile plant that—

(a) incorporates a non-slewing boom with
a permanently fitted lifting frame where
the only means of lifting is by twist
locks; and
(b) is designed for raising and lowering
shipping containers and moving them
horizontally—
but does not include a shore-based container
handling gantry crane;
reciprocating steam engine means steam plant
where the steam acts on a piston under
pressure and causes the piston to move,
but does not include an expanding (steam)
reciprocating engine with any piston
diameter of 250 millimetres or less;
recognised evidence of construction induction
training means evidence of general
occupational health and safety training
to the construction industry completed
outside Victoria and recognised by the
corresponding Authority of the jurisdiction
in which the training was completed, but
does not include evidence of a class
determined by the Authority under
regulation 6 if the training is completed
after the determination takes effect;
registered major hazard facility means a major
hazard facility registered under Part 6.2
(Registration);

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relevant employee, in Part 3.4 (Confined spaces),

means—
(a) any employee required to enter a
confined space; or
(b) any employee who has any function in
relation to work in a confined space or
the emergency procedures established
under regulation 69, but who is not
required to enter the space; or
(c) any person supervising any employee
referred to in paragraph (a) or (b);
relevant occupational health and safety
legislation means any of the following—
(a) the Act or any regulations made under
the Act;
(b) the Occupational Health and Safety
Act 1985 or any regulations made
under that Act;
(c) the Dangerous Goods Act 1985 or
any regulations made under that Act;
(d) the Equipment (Public Safety)
Act 1994 or any regulations made
under that Act;
(e) any equivalent Act of another
Australian jurisdiction or any
regulations made under such an Act;
Note
Equivalent Acts and regulations of other Australian
jurisdictions would include the Work Health and
Safety legislation in those jurisdictions.

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Reg. 5 def. of respiratory protective equipment, in Part 4.5 and

respiratory Subdivision 6 of Division 1 of Part 6.1,
protective
equipment means personal protective equipment that—
inserted by
S.R. No. (a) is designed to protect the wearer from
137/2021 the inhalation of airborne contaminants;
reg. 5(1).
and
(b) complies with AS/NZS 1716:2012—
Respiratory protective devices, or
requirements equivalent to those of
that Standard;
retail warehouse operator means a person who
operates a warehouse where packaged goods
intended for retail sale are held on the
premises;
retailer, in relation to a substance, means a person
who supplies the substance to another person
otherwise than for the purpose of re-supply;
reviewable decision has the meaning given by
regulation 524;
rigging work means—
(a) the use of mechanical loadshifting
equipment and associated gear—
(i) to move, place or secure a load
including plant, equipment or
members of a building or
structure; and
(ii) to ensure the stability of members
of a building or structure; or
(b) the setting up or dismantling of cranes
and hoists—
but does not include the setting up of a crane
or hoist which only requires the positioning
of integral outriggers or stabilisers;

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roll-over protection means a structure to protect

the operator of a tractor or other powered
mobile plant against injury as a result of the
tractor or plant rolling over in any direction;
rope access equipment means equipment used to
manually lower or raise a person in a harness
or seat, supported by one or more fibre ropes
and includes the equipment used to anchor or
haul the rope or ropes while the person is
lowered and raised;
RTO has the same meaning as in the Education
and Training Reform Act 2006;
safe oxygen level means an oxygen content in air
under normal atmospheric pressure that—
(a) is equal to or greater than 195% by
volume (equivalent to a partial pressure
of oxygen of 198 kilopascals)—
but—
(b) is equal to or less than 235% by
volume (equivalent to a partial pressure
of oxygen of 239 kilopascals);
Safe Work Australia means Safe Work Australia
established by section 5 of the Safe Work
Australia Act 2008 of the Commonwealth;
safe work method statement has the meaning
given by regulation 324;
safety assessment means—
(a) in Part 5.2 (Major hazard facilities),
a safety assessment conducted under
regulation 369; or
(b) in Part 5.3 (Mines), a safety assessment
conducted under regulation 421;

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safety case means a safety case prepared or

revised under Division 8 of Part 5.2
(Major hazard facilities);
safety data sheet, in relation to a hazardous
substance, means a safety data sheet—
(a) required to be prepared for the
substance under regulation 144; or
(b) prepared for the substance by the
manufacturer or the importing supplier
in accordance with equivalent
legislation;
safety management system means—
(a) in Part 5.2 (Major hazard facilities),
a safety management system
established under regulation 372; or
(b) in Part 5.3 (Mines), a safety
management system established
under regulation 418;
scaffold means a temporary structure specifically
erected to support access or working
platforms;
scaffolding work means the erection, alteration or
dismantling of a scaffold, if the scaffold is
such that a person or object could fall more
than 4 metres from the scaffold;
Schedule 10 carcinogenic substance means
a substance (or any of its salts) listed in
Schedule 10 used—
(a) as a pure substance; or
(b) in a mixture containing 01% or more
of that substance (or any of its salts),
determined as a weight/weight (w/w)
concentration for solids or liquids and a

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volume/volume (v/v) concentration for

gases;
Schedule 11 carcinogenic substance means—
(a) benzene as listed in Schedule 11; or
(b) any other substance (or any of its salts)
listed in Schedule 11 used—
(i) as a pure substance; or
(ii) in a mixture containing 01%
or more of that substance
(or any of its salts), determined
as a weight/weight (w/w)
concentration for solids or
liquids and a volume/volume (v/v)
concentration for gases;
Schedule 14 material means a material referred to
in Table 1 of Schedule 14 or a material that
can be characterised as one or more of the
materials set out in Table 2 of Schedule 14;
scheduled carcinogenic substance means a
Schedule 10 carcinogenic substance or a
Schedule 11 carcinogenic substance;
sea includes a bay, an inlet, an estuary and any Reg. 5 def. of
sea
waters within the ebb and flow of the tide; inserted by
S.R. No.
112/2021
reg. 5(a).

self-erecting tower crane means a tower crane

where—
(a) the tower structure and boom or jib
elements are not disassembled into
component sections; and
(b) the crane can be transported between
sites as a complete unit; and

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(c) erection and dismantling processes are

an inherent part of the crane's function;
shaft means—
(a) in Part 5.1 (Construction), a vertical
or inclined way or opening from
the surface downwards or from
any underground working and the
dimensions of which (excluding the
perimeter) are less than its depth; and
(b) in Part 5.3 (Mines), any opening
extending downwards from the surface
or from a location underground that—
(i) has an inclination to the horizontal
of more than 15 degrees; and
(ii) is used for the purposes of raising
or lowering persons or materials
or for the intake or outlet of
ventilation;
shaft conveyance means a cage, skip, kibble or
other contrivance in or on which persons ride
up or down a shaft, but does not include any
attachments to that cage, skip, kibble or other
contrivance;
signal words means words such as "dangerous
poison", "poison", "warning", "danger" or
"caution" that are clearly and prominently
displayed on labels of substances to indicate
the relative severity of the hazard;
slewing mobile crane means a powered mobile
crane incorporating a boom or jib that is
capable of being slewed, but does not
include the following, when configured
for crane operation—
(a) a front-end loader;
(b) a backhoe;

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(c) an excavator;
(d) similar equipment to that listed in
paragraphs (a), (b) and (c);
slinging techniques means those slinging
techniques that require the exercise 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;
solid construction in Part 3.3 (Prevention of
falls) means an area that has each of the
following—
(a) a surface that is structurally capable of
supporting persons, material and any
other loads intended to be applied to it;
(b) barriers around its perimeter, and any
open penetrations, to prevent a fall
from the area;
(c) an even and readily negotiable surface
and gradient;
(d) a safe means of entry and exit;
sound power level means the total sound energy
radiated per unit time, measured as decibels
referenced to 1 picowatt using octave bands
or an A-weighting;
sound pressure level expressed in decibels, means
the pressure fluctuations in air calculated as
20 times the logarithm to the base 10 of the
ratio of the root mean square sound pressure
(in pascals) to the reference sound pressure
of 20 micropascals;
special provision, in Schedule 14, has the same
meaning as in the ADG Code;

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specified VET course means the relevant VET

course specified in column 3 of the table in
Schedule 5;
structure—
(a) in Part 4.4 (Asbestos), means any
construction, including a bridge, tunnel,
shaft, dam, pipe or access pit, or any
part of a construction, but does not
include a building, ship or plant; or
(b) in Part 5.1 (Construction), has the
meaning given by regulation 323;
suspended scaffold means a scaffold
incorporating a suspended platform that is
capable of being raised or lowered when in
use;
task, in Part 3.3 (Prevention of falls), includes
moving to and from a task;
temporary access equipment means the
following—
(a) rope access equipment;
(b) a work box;
(c) an industrial safety net;
(d) equipment incorporating a harness that
is used or intended to be used to arrest
the fall of a person wearing the harness;
temporary work platform means the following—
(a) a fixed, mobile or suspended scaffold;
(b) an elevating work platform;
(c) a mast climbing work platform;
(d) a work box supported and suspended
by a crane, hoist, forklift truck or other
form of mechanical plant;

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(e) building maintenance equipment,

including a building maintenance unit;
(f) a portable or mobile fabricated
platform;
(g) any other temporary platform that
provides a working area for the
duration of work performed at height
and that is designed to prevent a fall;
the Act means the Occupational Health and
Safety Act 2004;
theatrical performance means acting, singing,
playing a musical instrument, dancing, or
otherwise performing literary or artistic
works or expressions of folklore;
threshold quantity, in relation to Schedule 14
materials, means—
(a) the threshold quantity for a specific
material determined under clause 2 of
Schedule 14; or
(b) the aggregate threshold quantity of
more than one material as determined
under clause 3 of Schedule 14;
tower crane means a powered boom or
jib crane mounted on a tower structure
but, in Schedule 3, does not include a
self-erecting tower crane;
tractor means a powered vehicle primarily
designed to haul and provide power for
agricultural or horticultural machinery or
implements by way of a power-takeoff
rotating shaft or other mechanical means,
but does not include—
(a) earthmoving machinery; or
(b) a passenger vehicle;

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travel restraint system means equipment that is

worn by, or attached to, a person and is
designed for the purpose of physically
restraining the person from reaching an edge
or elevated surface from which the person
may fall;
Example
A system in which a harness is attached to one or
more lanyards, each attached in turn to a static line or
anchor point.
trench, in Part 5.1 (Construction), means a
horizontal or inclined way or opening
commencing at and extending below the
surface of the ground and open to the surface
along its length, the length of which is
greater than its width and greater than or
equal to its depth, and is used or to be used
for the laying, removal or repair of a pipe or
cable;
tunnel, in Part 5.1 (Construction), means an
underground passage or opening in an
approximate horizontal plane and which
begins at the surface or from an excavation
of any sort;
turbine means—
(a) in Part 3.5 (Plant) and Schedule 3,
any plant where steam acts on a turbine
or rotor to cause a rotary motion, but
does not include steam turbines and
expansion turbines with a power output
of less than 500 kilowatts;
(b) in any other case, a rotary motor or
rotary engine driven by a flow of water,
steam or gas primarily intended for the
production of electricity;

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type of asbestos-containing material means a

description of asbestos-containing material;
Example
Asbestos-containing cement sheeting, cement pipes,
vinyl tiles, sprayed insulation, telecommunications
pits and pipes, pipe lagging, millboard and gaskets.
UN number has the same meaning as in the
ADG Code;
unprotected edge means the edge of a surface
from which there is a horizontal gap, void
or space of more than 300 millimetres and
which is not provided with a barrier to
prevent a fall;
vehicle hoist means a hoist that is permanently
installed or designed to be permanently
installed at a workplace to elevate a vehicle
to allow work to be performed on the
vehicle;
vehicle loading crane means a powered slewing Reg. 5 def. of
vehicle
crane mounted on a vehicle for the principal loading crane
purpose of loading and unloading the amended by
S.R. No.
vehicle; 71/2018
reg. 4(c).

VET course has the same meaning as in the

National Vocational Education and Training
Regulator Act 2011 of the Commonwealth;
Victoria Police has the same meaning as in the
Victoria Police Act 2013;
Victoria State Emergency Service means the
Service continued by the Victoria State
Emergency Service Act 2005;
Victoria State Emergency Service Authority
means the Authority established under the
Victoria State Emergency Service
Act 2005;

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Reg. 5 def. of Victorian coastal waters has the same meaning as

Victorian the expression "coastal waters of the State"
coastal waters
inserted by has in relation to Victoria under the Coastal
S.R. No. Waters (State Powers) Act 1980 of the
112/2021
reg. 5(a). Commonwealth;
wholesaler, in relation to a substance, means a
person who supplies the substance for the
purpose of re-supply;
winder means an electrical or compressed air or
hydraulic or other power drive unit, single or
multi drum, which by use of ropes, sheave
wheels and a shaft conveyance, is used to
raise or lower persons or materials from level
to level, and includes a friction winder;
work box means a device for carrying persons,
designed to be suspended from a crane, to
provide a working area for persons elevated
by and working from the device;
work in a confined space means work in a
confined space by an employee and includes
entry to and exit from a confined space by an
employee;
work positioning system means the following—
(a) an industrial rope access system;
(b) a travel restraint system;
(c) any other equipment, other than a
temporary work platform, that enables
a person to be positioned and safely
supported at a work location for the
duration of the task being undertaken
at height.
workpiece means material, off-cut or scrap (in any
form) on which an item of plant is doing
work or that is produced by an item of plant,

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but does not include a load being lifted or

moved by the plant;
6 Determinations of Authority
(1) The Authority may make determinations of the
following—
(a) a scheme for the approval of laboratories for
the purpose of paragraph (b) of the definition
of approved asbestos laboratory in
regulation 5;
(b) an exposure measurement method for the
purpose of paragraph (b) of the definition of
asbestos exposure standard in regulation 5;
(c) an occupational health and safety
management system for the purpose of
paragraph (b) of the definition of asbestos
occupational health and safety
management system in regulation 5;
(d) a method of air sampling for the purpose of
paragraph (b) of the definition of asbestos
paraoccupational air monitoring in
regulation 5;
(e) a specified construction RTO or a class of
construction RTOs for the purpose of the
definition of construction statement of
attainment in regulation 5;
(f) a specified authorised assessor or a class
of authorised assessors for the purpose of
the definition of notice of assessment
(satisfactory) in regulation 5;
(g) evidence of a specified class for the purpose
of the definition of recognised evidence
of construction induction training in
regulation 5;
(h) a prohibited hazardous substance for the
purposes of regulation 153(2);

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(i) a hazardous substance, and particular

circumstances (if any), for the purposes of
regulation 154(1)(c);
(j) the minimum record retention period
(not exceeding 30 years) for a particular
hazardous substance for the purposes of
regulations 168(1)(a) and 171(1)(a);
(k) a hazardous substance for which health
monitoring is required for the purposes of
regulation 169(1)(a)(ii);
(l) the minimum record retention period
(not exceeding 30 years) for the purposes of
regulations 204(a), 263(2)(a), 283(2)(a)
and 313(2)(a);
(m) an auditable process to verify that
asbestos-containing material has been
removed from construction or demolition
material for the purposes of regulation
206(a);
(n) a method to measure asbestos-containing
material in construction or demolition
material for the purposes of regulation
206(b);
(o) an asbestos-related activity for the purposes
of regulation 302(l);
Reg. 6(1)(oa) (oa) a crystalline silica process for the purposes
inserted by
S.R. No. of regulation 319B(g);
137/2021
reg. 6.

(p) an activity, procedure, plant, process,

substance, situation or other circumstance
to be a mining hazard for the purposes of
regulation 400(1)(b).

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Note Note to
The Authority is also authorised to make determinations reg. 6(1)
substituted by
under regulations 6A, 41(3), 180, 198(3), 363, 364 and 403. S.R. No.
They are not included here because each has particular 112/2021
requirements set out elsewhere. However, subregulations (2) reg. 6(1).
to (6) apply to determinations under regulations 41(3), 180,
198(3) and 403 and subregulations (2), (3), (5) and (6) apply
to determinations under regulations 6A, 363 and 364.
(2) If the Authority makes a determination under
these Regulations it must publish a notice in the
Government Gazette that—
(a) states that the determination has been made;
and
(b) identifies to whom and to what the
determination applies; and
(c) identifies the provision or provisions of
these Regulations to which the determination
relates; and
(d) may include any other details that the
Authority considers to be appropriate.
(3) As soon as reasonably possible after it has
complied with subregulation (2), the Authority
must cause a similar notice to be published in a
newspaper circulating generally throughout
Victoria.
(4) A determination (other than a determination made Reg. 6(4)
amended by
under regulation 6A, 363 or 364) takes effect on S.R. No.
the day on which the notice is published in the 112/2021
reg. 6(2).
Government Gazette, or on any later day specified
in the notice.
(5) The Authority must make a copy of a
determination available for inspection by any
person affected by the determination.

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(6) Nothing in this regulation is intended to require

the Authority to include in the notice under
subregulation (2) or (3) or the determination
under subregulation (5)—
(a) any confidential or personal information
about an individual; or
(b) any information relating to manufacturing or
commercial secrets or working processes.
Reg. 6A 6A Determination of facilities by Authority
inserted by
S.R. No.
112/2021
(1) For the purpose of paragraph (b) of the definition
reg. 7. of facility in regulation 5, the Authority may
determine that any ship, floating platform or other
place is a facility if satisfied that—
(a) it is a workplace at which Schedule 14
materials are present or likely to be present;
and
(b) it is located in, proposed to be located in or
will be located in—
(i) Victorian coastal waters; or
(ii) any sea within the limits of Victoria.
(2) The Authority must send to the proposed operator
of a ship, floating platform or other place in
respect of which a determination is made under
subregulation (1) a written notice that—
(a) sets out the determination; and
(b) states the reasons for the determination; and
(c) specifies the date on which the determination
takes effect.
(3) The date specified under subregulation (2)(c)
must be not less than 30 days after the proposed
operator is sent the notice.

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(4) A ship, floating platform or other place in respect

of which a determination is made under
subregulation (1) is taken to be a facility from the
date on which the determination takes effect.
7 Act compliance notes
If a note at the foot of a provision of these
Regulations states "Act compliance" followed by
a reference to a section number, the regulation
provision sets out the way in which a person's
duty or obligation under that section of the Act is
to be performed in relation to the matters and to
the extent set out in the regulation provision.
Note
A failure to comply with a duty or obligation under a section of the
Act referred to in an "Act compliance" note is an offence to which
a penalty applies.
8 Independent contractors
(1) A provision of these Regulations that sets out
a way that an employer complies with a duty
under section 21 or 35 of the Act in relation to
employees extends to the employer's duty under
that section to an independent contractor engaged
by the employer and any employees of the
independent contractor.
(2) If a provision of these Regulations (other than
subregulation (1)) provides that an employer's
duty under another provision of these Regulations
extends to an independent contractor—
(a) that other provision applies as if a
reference to an employee were a reference
to an independent contractor engaged by
the employer and any employees of the
independent contractor; and
(b) the duty of the employer under that other
provision extends to an independent
contractor engaged by the employer, and any

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employees of the independent contractor, in

relation to matters over which the employer
has control or would have control if not for
any agreement purporting to limit or remove
that control.
9 Health and safety representatives
A reference in these Regulations to a health and
safety representative includes a reference to a
deputy health and safety representative if the
health or safety representative has ceased to hold
office or the health and safety representative is
unable (because of absence or any other reason)
to exercise the powers of a health and safety
representative.
10 Designers, manufacturers and suppliers
Any reference in these Regulations to—
(a) a designer, in relation to plant, is a reference
to a person who designs the plant and who
knows, or ought reasonably to know, that the
plant is to be used at a workplace;
(b) a manufacturer, in relation to plant or a
substance, is a reference to a person who
manufactures that plant or substance and
who knows, or ought reasonably to know,
that the plant or substance is to be used at a
workplace;
(c) a supplier, in relation to plant or a substance,
is a reference to a person who supplies that
plant or substance and who knows, or ought
reasonably to know, that the plant or
substance is to be used at a workplace
(whether by the person supplied or anyone
else).

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11 Duties of self-employed persons

A self-employed person's duties under these
Regulations apply only so far as to ensure, so far
as is reasonably practicable, that persons are not
exposed to risks to their health and safety arising
from the conduct of the undertaking of the self-
employed person.
12 References to Parts
Unless the context otherwise requires, a reference
in these Regulations to a Part by a number must
be construed as a reference to the Part, designated
by that number, of these Regulations.

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Part 1.2—Incorporated documents

13 Documents incorporated as in force from time to
time
(1) A reference to any document, other than the GHS,
applied, adopted or incorporated by, or referred to
in, these Regulations is to be read as a reference to
that document as in force from time to time.
(2) If any document applied, adopted or incorporated
by, or referred to in, these Regulations is
amended, the amendment is only in force for the
purposes of subregulation (1) if it has taken effect
for the purposes of these Regulations.
Note
See regulation 15 in relation to the date of effect of
amendments.
14 Publication date of amendments to certain
incorporated documents
(1) This regulation applies to any document that is
applied, adopted or incorporated by, or referred to
in, these Regulations, and either that is published,
or that has notice of its making published, in the
Commonwealth of Australia Gazette or on the
Federal Register of Legislation.
(2) For the purposes of these Regulations, an
amendment to the document is published—
(a) on the date on which it is published in the
Commonwealth of Australia Gazette or on
the Federal Register of Legislation; or
(b) on the date on which the notice of its
making is published in the Commonwealth
of Australia Gazette or on the Federal
Register of Legislation.

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Part 1.2—Incorporated documents

15 Date of effect of amendments to incorporated

documents
(1) If the effect of an amendment to any document
applied, adopted or incorporated by these
Regulations is to prohibit an activity, process or
thing, the amendment takes effect on the day after
it is published, or on any later date specified in the
document by which the amendment was made.
(2) If the effect of an amendment to any
document applied, adopted or incorporated by
these Regulations is to impose a new obligation
(other than the prohibition of an activity, process
or thing) or to alter an existing obligation under
these Regulations, a person may choose to comply
with these Regulations as if the amendment had
not been made until the expiry of 6 months after
the date the amendment takes effect.
16 Inconsistencies between provisions
If a provision of any document applied,
adopted or incorporated by, or referred to in,
these Regulations is inconsistent with any
provision in these Regulations, the provision of
these Regulations prevails.
* * * * * Reg. 17
revoked by
S.R. No.
141/2020
reg. 6.

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 Occupational Health and Safety Regulations 2017
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Part 2.1—General duties

Chapter 2—General duties and

issue resolution
Part 2.1—General duties
18 Proper installation, use and maintenance of risk
control measures
(1) A person who is required by these Regulations
to use any particular measure to control risk
must ensure that the measure is properly installed
(if applicable), used and maintained.
Note
Act compliance—sections 21, 22, 23, 24, 26, 29, 30 and 31
(see regulation 7).
(2) This regulation does not apply to a measure
required by Part 5.2 (Major hazard facilities) or
Part 5.3 (Mines).
Note
Part 5.2 (Major hazard facilities) and Part 5.3 (Mines)
are excluded from the operation of this regulation because
they contain more specific requirements in relation to the
installation, use and maintenance of risk control measures.
19 Medical examinations and health monitoring
(1) This regulation applies if, under these
Regulations, an employer is required to ensure
that an employee is medically examined or that
any other form of health monitoring is conducted
in relation to an employee.
(2) The employer must provide the employee with
information about the purpose, and the type or
nature, of the medical examination or other health
monitoring.
Note
Act compliance—sections 21 and 22 (see regulation 7).

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(3) The medical examination or other health

monitoring is to be undertaken at the employer's
expense.
20 Reports of health monitoring to be kept confidential
(1) An employer must ensure that any report resulting
from the medical examination or other health
monitoring of a person required under these
Regulations, and any summary of the results of
such a report, is kept confidential except in the
circumstances set out in subregulation (2).
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) An employer must provide a copy of a report or
summary referred to in subregulation (1) to—
(a) the person to whom the report or summary
relates as soon as reasonably possible after
the employer receives the report or
summary; and
(b) if the person to whom the report or summary
relates authorises in writing a third party to
have access to the report or summary, that
third party; and
(c) if the Authority requests a copy of the report
or summary, or if the employer is otherwise
required by these Regulations to give the
Authority a copy of the report or summary,
the Authority.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
Note
Section 69 of the Act provides that the health and safety
representative of the members of a designated work group
must be allowed access to information that an employer
has relating to the health and safety of the members of the
group. The section permits a health and safety representative

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to have access to relevant medical information relating

to an employee's health and safety that does not identify
individual employees and, with the consent of an employee,
medical information that identifies that employee.
21 How to involve health and safety representatives in
consultation
(1) This regulation applies if an employer is required
under the Act or the Regulations to consult with
employees on a matter and the employees are
represented by a health and safety representative.
Reg. 21(2) (2) For the purposes of section 35(4) of the Act, the
amended by
S.R. No. employer must involve the health and safety
112/2021 representative in the consultation by—
reg. 8(1).
(a) providing the health and safety
representative with all of the information
about the matter that the employer provides,
or intends to provide, to the employees; and
(b) unless it is not reasonably practicable to do
so, providing that information to the health
and safety representative a reasonable time
before providing the information to the
employees; and
(c) inviting the health and safety representative
to meet with the employer to consult about
the matter; and
(d) if the invitation is accepted, or if
otherwise requested by the health and
safety representative, meeting with the
health and safety representative to consult
about the matter; and
(e) giving the health and safety representative a
reasonable opportunity to express views
about the matter; and

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(f) taking into account the health and safety

representative's views about the matter.
Note Note to
reg. 21(2)
Act compliance—section 35 (see regulation 7). substituted by
S.R. No.
112/2021
reg. 8(2).

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Part 2.1A—Collection and use of COVID-19 vaccination information

Pt 2.1A
(Heading and
Part 2.1A—Collection and use of COVID-19
regs 21A–21F)
inserted by
vaccination information
S.R. No.
53/2022 reg. 5.

Reg. 21A 21A Definitions

inserted by
S.R. No.
53/2022 reg. 5.
In this Part—
AI register has the same meaning as in section 4
of the Australian Immunisation Register
Act 2015 of the Commonwealth;
COVID-19 means the contagious disease caused
by severe acute respiratory syndrome
coronavirus 2;
COVID-19 vaccination information has the
meaning given by regulation 21B;
pandemic order has the same meaning as in
section 3(1) of the Public Health and
Wellbeing Act 2008;
Services Australia means the Executive Agency
established by order, published in the
Commonwealth of Australia Gazette on
5 December 2019, under section 65 of the
Public Service Act 1999 of the
Commonwealth;
specified person, in relation to an employer,
means—
(a) an employee of the employer; or
(b) an independent contractor engaged by
the employer; or
(c) an employee of an independent
contractor engaged by the employer; or

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(d) a volunteer or a student on placement

permitted by the employer to attend a
workplace under the management or
control of the employer.
21B Meaning of COVID-19 vaccination information Reg. 21B
inserted by
S.R. No.
(1) For the purposes of this Part, COVID-19 53/2022 reg. 5.
vaccination information is information about
whether a specified person—
(a) has received any dose of a vaccination
against COVID-19, and if so, the date on
which the person received the dose or if the
person has received more than one dose,
every date on which the person received
those doses; or
(b) is unable to receive a dose, or further dose,
of a vaccination against COVID-19 due to—
(i) a medical contraindication; or
(ii) an acute medical illness; or
(iii) the person being under 5 years of age.
(2) For the purposes of subregulation (1), COVID-19
vaccination information may be—
(a) derived from a record kept in the AI register
under the Australian Immunisation Register
Act 2015 of the Commonwealth; or
(b) in the form of a letter from a registered
medical practitioner; or
(c) in the form of a certificate issued by Services
Australia that states that the person is unable
to receive a dose, or further dose, of a
vaccination against COVID-19 due to—
(i) a medical contraindication; or
(ii) an acute medical illness.

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Part 2.1A—Collection and use of COVID-19 vaccination information

Reg. 21C 21C Interaction with pandemic orders

inserted by
S.R. No. A pandemic order prevails over this Part to the
53/2022 reg. 5. extent of any inconsistency.
Reg. 21D 21D Collection and use of COVID-19 vaccination
inserted by
S.R. No. information
53/2022 reg. 5.
(1) For the purposes of performing a duty imposed by
Part 3 of the Act or these Regulations, an
employer is authorised to collect, record, hold and
use COVID-19 vaccination information from a
specified person who attends or will be attending
a workplace under the employer's management or
control to do the following—
(a) to determine reasonably practicable
measures to control the risks to health and
safety associated with COVID-19 at that
workplace;
(b) to implement any reasonably practicable
control measure to control the risks to health
and safety associated with COVID-19 at that
workplace.
(2) If immediately before the commencement of this
regulation an employer holds COVID-19
vaccination information that was collected
pursuant to the Public Health and Welling
Act 2008 about a specified person who attends or
will be attending a workplace under the
employer's management or control, the employer
is authorised to record, hold and use that
information for the purposes of subregulation (1).
Notes
1 In relation to collecting, recording, holding and using
COVID-19 vaccination information, see the Health
Records Act 2001, Privacy and Data Protection
Act 2014, Privacy Act 1988 of the Commonwealth or a
law of another State or a Territory that corresponds to
the Privacy and Data Protection Act 2014 to the
extent that law applies.

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Part 2.1A—Collection and use of COVID-19 vaccination information

2 In relation to the collection, use and disclosure of a

healthcare identifier that may accompany COVID-19
vaccination information, including the circumstances in
which offences and penalties may apply, see the
Healthcare Identifiers Act 2010 of the Commonwealth.
3 Part 4 of the Act sets out the duty of the employer to
consult with employees about a number of matters,
including making decisions about measures to be taken
to control risks to health or safety at a workplace under
the employer's management or control.
21E Destruction of COVID-19 vaccination information Reg. 21E
inserted by
S.R. No.
An employer must destroy COVID-19 vaccination 53/2022 reg. 5.
information recorded or held under regulation
21D within 30 days after the revocation of this
Part (the specified destruction date), unless a law
of Victoria or the Commonwealth or of any other
State or Territory—
(a) requires the information to be destroyed on a
day that is earlier than the specified
destruction date; or
(b) permits or requires the information to be
retained on or after the specified destruction
date.
21F Revocation of Part Reg. 21F
inserted by
S.R. No.
This Part is revoked on 12 July 2023. 53/2022 reg. 5.

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Part 2.2—Issue resolution procedures

Part 2.2—Issue resolution procedures

22 Application of Part
For the purposes of section 73(1) of the Act,
this Part sets out the procedure to facilitate the
resolution of health and safety issues arising at a
workplace or from the conduct of an employer's
undertaking if there is no relevant agreed
procedure for resolution of those issues.
23 Parties to the resolution of issues
(1) For the purposes of section 73 of the Act, an
employer must notify the employees, any health
and safety representative and any health and
safety committee in the appropriate manner and
languages—
(a) as to whether the employer intends to
participate in the resolution of an issue
personally or to nominate an employer
representative; and
(b) if an employer representative is to be
nominated, of the name and position
description of the employer representative.
Note
Employer representatives must meet the requirements set
out in section 73(2)(a) and (b) of the Act.
(2) If an issue arises before an employer
representative has been notified in accordance
with subregulation (1) and the employer is not
available, the senior manager employed by
the employer in that part of the workplace
where the issue has arisen is to be the employer
representative for the purpose of attempting to
resolve the health and safety issue.

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(3) Only a health and safety representative, or if

there is no health and safety representative, an
employee nominated under subregulation (4), can
act on behalf of employees affected by an issue.
Note
Section 57 of the Act states that if a health and safety
representative ceases to hold office or is unable to exercise
the powers of a health and safety representative then those
powers may be exercised by a deputy health and safety
representative.
(4) If there is no health and safety representative, the
employees affected by an issue may nominate one
or more employees to act on their behalf.
(5) At any stage in the resolution of an issue, a
party may seek the assistance of any relevant
organisation of employees or of employers to
assist the parties to resolve the issue.
24 Procedure for reporting issues
(1) This regulation applies if—
(a) a health or safety issue arises at a workplace
or from the conduct of the undertaking of an
employer; and
(b) an employee wishes to raise the issue for
resolution.
(2) The employee must report the issue to—
(a) the health and safety representative, if there
is a health and safety representative; or
(b) to the employer or employer representative,
if there is no health and safety representative.
(3) An employee may take all steps to report an
issue, including leaving the employee's part of
the workplace, if the steps are reasonable in the
circumstances.

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(4) Nothing in this regulation prevents an employee

from reporting the issue to the employer or any
other person in addition to the health and safety
representative.
25 Procedure for resolving issues
(1) As soon as reasonably possible after a health or
safety issue has been reported, the following
persons must meet and try to resolve the issue—
(a) the employer or employer representative; and
(b) the health and safety representative or any
employee nominated under regulation 23(4)
or the employees affected by the issue.
(2) For the purpose of resolving the health and safety
issue as quickly and effectively as possible the
parties must take into account—
(a) the number and location of employees
affected by the issue; and
(b) whether appropriate temporary measures
are possible or desirable; and
(c) the time that may elapse before the issue is
permanently resolved; and
(d) who, on behalf of the employer, is
responsible for performing and overseeing
any action agreed necessary to resolve the
issue.
Note
Section 20 of the Act sets out the matters that must be
considered in ensuring health and safety.
(3) If, after the resolution of the health and safety
issue, a party involved in the resolution of that
issue asks the employer to set out in writing the
details of the issue and matters relating to its
resolution, the employer must do so, to the
satisfaction of all parties.

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(4) As soon as reasonably possible after the resolution

of an issue, the employer must ensure that details
of any written or oral agreement between the
parties are—
(a) brought to the attention of the employees
affected by the issue; and
(b) sent to any health and safety committee.
(5) Any of the parties involved in the resolution may
send details of any agreement between the parties
referred to in subregulation (4) to any relevant
organisation of employees or of employers.
(6) An agreement referred to in subregulation (4)
must be—
(a) in a form that is approved by all parties; and
(b) communicated in the manner and in any
language that is agreed by the parties to be
appropriate.
Note
Part 4 of the Act sets out the duty of the employer to consult
with employees, including involving the health and safety
representative (if any). See also regulation 21.

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Part 3.1—Hazardous manual handling

Chapter 3—Physical hazards

Part 3.1—Hazardous manual handling
26 Hazard identification
An employer must, so far as is reasonably
practicable, identify any hazardous manual
handling undertaken, or to be undertaken, by an
employee.
Notes
1 Act compliance—section 21 (see regulation 7).
2 Hazardous manual handling is defined in regulation 5.
3 Part 4 of the Act sets out the duty of the employer to consult
with employees, including in respect of identifying hazards,
and requires the involvement of the health and safety
representative (if any). See also regulation 21.
27 Control of risk
(1) An employer must, so far as is reasonably
practicable, eliminate any risk of a
musculoskeletal disorder associated with
hazardous manual handling.
Note
Musculoskeletal disorder is defined in regulation 5.
(2) If it is not reasonably practicable to eliminate a
risk of a musculoskeletal disorder associated with
hazardous manual handling, the employer must
reduce the risk so far as is reasonably practicable
by—
(a) altering—
(i) the workplace layout; or
(ii) the workplace environment, including
heat, cold and vibration; or
(iii) the systems of work which involve
hazardous manual handling; or

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(b) changing the things used in the hazardous

manual handling; or
(c) using mechanical aids; or
(d) combining any of the risk control measures
referred to in paragraphs (a), (b) and (c).
Note
Sections 27 to 30 of the Act require designers of plant,
buildings or structures (or parts of buildings or structures)
and manufacturers and suppliers of plant or substances to
ensure, so far as is reasonably practicable, that the plant,
substance, building or structure (or part) is designed,
manufactured or supplied (as the case may be) to be
safe and without risks to health, including the risk of
musculoskeletal disorder.
(3) If the employer has complied with subregulations
(1) and (2) so far as is reasonably practicable and
a risk of a musculoskeletal disorder associated
with hazardous manual handling remains, the
employer must reduce the risk so far as is
reasonably practicable by using information,
instruction or training.
(4) The employer may only rely solely or primarily
on the use of information, instruction or training
to control a risk of a musculoskeletal disorder
associated with hazardous manual handling if
none of the measures set out in subregulation (2)
is reasonably practicable.
(5) Without affecting the generality of subregulations
(1), (2), (3) and (4), the employer, when
determining any measure to control a risk of a
musculoskeletal disorder associated with
hazardous manual handling, must take into
account the following—
(a) postures;
(b) movements;

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(c) forces;
(d) duration and frequency of the hazardous
manual handling;
(e) environmental conditions including heat,
cold and vibration that act directly on a
person undertaking hazardous manual
handling.
Notes
1 Act compliance—section 21 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to consult
with employees, including in respect of making decisions
about the measures to be taken to control risks to health or
safety. This consultation must involve the health and safety
representative (if any). See also regulation 21.
28 Review of risk control measures
(1) An employer must review and, if necessary, revise
any measures implemented to control risks under
regulation 27—
(a) before any alteration is made to any thing,
process or system of work involving
hazardous manual handling, including a
change in the place where that work is
undertaken; or
(b) if new or additional information about
hazardous manual handling becomes
available to the employer; or
(c) if an occurrence of a musculoskeletal
disorder at a workplace is reported by or on
behalf of an employee; or
(d) after any incident occurs to which Part 5 of
the Act applies that involves hazardous
manual handling; or
(e) if, for any other reason, the risk control
measures do not adequately control the risks;
or

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(f) after receiving a request from a health and

safety representative.
Note
Act compliance—section 21 (see regulation 7).
(2) A health and safety representative may make a
request under subregulation (1)(f) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulation (1)(a) to (e) exists; or
(b) the employer has failed—
(i) to properly review the risk control
measures; or
(ii) to take account of any of the
circumstances referred to in
subregulation (1)(a) to (e) in
conducting a review of, or revising,
the risk control measures.

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 Occupational Health and Safety Regulations 2017
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Part 3.2—Noise

Part 3.2—Noise
Division 1—Duties of designers, manufacturers
and suppliers of plant
29 Designers
A designer of plant must, by taking noise emission
and exposure into account, design the plant so that
its sound power level is as low as is reasonably
practicable.
Note
Act compliance—section 27 (see regulation 7).
30 Manufacturers
(1) A manufacturer of plant must, by taking noise
emission and exposure into account, manufacture
the plant so that its sound power level is as low as
is reasonably practicable.
Note
Act compliance—section 29 (see regulation 7).
(2) If plant, when used at a workplace for the
purpose for which it is manufactured, may cause
an employee's exposure to noise to exceed the
noise exposure standard, the manufacturer of the
plant must—
(a) determine the sound power level of the plant;
and
(b) when supplying the plant to another person,
provide with the plant a record that states the
sound power level of the plant.
Note
Act compliance—section 29 (see regulation 7).

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31 Suppliers
(1) A supplier of plant must provide with the plant
any record received from the person from whom
the plant was acquired that states the sound power
level of the plant.
Note
Act compliance—section 30 (see regulation 7).
(2) A supplier of plant must take any action that is
reasonably necessary in the circumstances to
obtain a record that states the sound power level
of the plant from the person from whom the plant
was acquired.
Note
Act compliance—section 30 (see regulation 7).

Division 2—Duties of employers

32 Determination of exposure to noise
(1) An employer must determine an employee's
exposure to noise at the workplace in accordance
with this regulation if there is uncertainty
(based on reasonable grounds) as to whether the
noise exposure standard is or may be exceeded.
Note
Act compliance—section 21 (see regulation 7).
(2) In considering whether a noise exposure standard
is or may be exceeded, an employer must not take
into account the effect of any hearing protectors
the employee may be using.
(3) A determination under subregulation (1)—
(a) must take into account—
(i) the level of noise to which the
employee is exposed; and
(ii) the duration of the exposure; and

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(iii) plant and other sources of noise at the

workplace; and
(iv) systems of work at the workplace; and
(v) any other relevant factors; and
(b) must not take into account the effect of any
hearing protectors the employee may be
using.
(4) If several employees are exposed to identical
sources of noise at a workplace and their exposure
to noise is likely to be the same, the employer may
determine their exposure to noise by conducting a
representative determination in relation to one or
more of those employees.
33 Record of determinations
(1) An employer who makes a determination under
regulation 32(1) must make a written record
that—
(a) describes how the matters referred to in
regulation 32(3) have been taken into
account; and
(b) contains the results of the determination.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) An employer who makes a written record under
subregulation (1) must keep the record for as long
as it remains relevant.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(3) An employer who makes a written record under
subregulation (1) must make the record readily
accessible to—

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(a) the health and safety representative of

each designated work group to which the
determination relates; and
(b) any employee to whom the determination
relates.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
34 Control of exposure to noise
(1) An employer must ensure that no employee at
the workplace is exposed to noise that exceeds the
noise exposure standard.
(2) For the purposes of subregulation (1), the
employer must, so far as is reasonably practicable,
eliminate the source of noise to which an
employee is exposed.
(3) If it is not reasonably practicable to eliminate the
source of the noise, the employer must reduce the
exposure of the employee to noise so far as is
reasonably practicable by—
(a) substituting quieter plant or processes; or
(b) using engineering controls; or
(c) combining any of the risk control measures
referred to in paragraphs (a) and (b).
(4) If the employer has complied with subregulations
(2) and (3) so far as is reasonably practicable and
an employee is still exposed to noise that exceeds
the noise exposure standard, the employer must
reduce the exposure of the employee to noise, so
far as is reasonably practicable, by using
administrative controls.
(5) If the employer has complied with subregulations
(2), (3) and (4) so far as is reasonably practicable
and an employee is still exposed to noise that
exceeds the noise exposure standard, the employer

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must provide hearing protectors to reduce the

exposure of the employee to noise, so that it does
not exceed the noise exposure standard.
(6) The employer providing hearing protectors under
subregulation (5) must, when selecting the hearing
protectors, consider—
(a) the nature of noise at the workplace; and
(b) noise levels at the workplace; and
(c) the duration of exposure to noise; and
(d) systems of work at the workplace.
Note
The nature of the noise at the workplace may involve
consideration of the frequency component, impulse or
other relevant matters.
(7) If several employees are exposed to identical
sources of noise at the workplace and their
exposure to noise is likely to be the same, the
employer may select hearing protectors for
those employees by considering the factors in
subregulation (6) in respect of one or more of
those employees.
(8) If the employer proposes to implement a risk
control measure referred to in subregulation (2)
or (3) and it is not reasonably practicable to do so
within 6 months of making the decision to
implement the control measure, the employer
must make a written record that describes the
actions necessary to implement the risk control
measure and when these actions will be carried
out.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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(9) Subregulation (8) does not reduce or limit the

employer's obligation to comply with
subregulation (1).
(10) The employer who makes a written record under
subregulation (8) must ensure that the record is
accessible to—
(a) the health and safety representative of
each designated work group affected by
the proposed control measure; and
(b) any employee affected by the proposed
control measure.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(11) For the purposes of section 35(1) of the Act,
when making a decision to implement the risk
control measure that is the subject of a written
record under subregulation (8), the employer must
consult with employees who are directly affected
by this decision.
Notes
1 Act compliance—sections 21 and 35 (see regulation 7). Note 1 to
reg. 34
substituted by
S.R. No.
112/2021
reg. 9.

2 Part 4 of the Act sets out the duty of the employer to consult
with employees, including in respect of making decisions
about the measures to be taken to control risks to health or
safety. This consultation must involve the health and safety
representative (if any). See also regulation 21.

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35 Hearing protector signs and labels

If an employer is required under regulation 34(5)
to provide hearing protectors to an employee, the
employer must clearly identify by signs, labelling
of plant or other appropriate means, when and
where the hearing protectors are to be worn.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
36 Review of risk control measures
(1) An employer must review and, if necessary,
revise any measures implemented to control an
employee's exposure to noise—
(a) before any alteration is made to plant used
or a system of work that is likely to result in
exposure to noise above the noise exposure
standard; or
(b) if the report by the person who conducts
an audiological examination under
regulation 38 states that the employee has
suffered hearing loss that is likely to be
due to exposure to noise; or
(c) after any incident occurs to which Part 5 of
the Act applies that involves exposure to
noise above the noise exposure standard; or
(d) if, for any other reason, the risk control
measures do not adequately control noise
exposure to a level at or below the noise
exposure standard; or
(e) after receiving a request from a health and
safety representative.
Note
Act compliance—section 21 (see regulation 7).

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(2) A health and safety representative may make a

request under subregulation (1)(e) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulation (1)(a) to (d) exists; or
(b) the employer has failed—
(i) to properly review the risk control
measures; or
(ii) to take account of any of the
circumstances referred to in
subregulation (1)(a) to (d) in
conducting a review of, or revising,
the risk control measures.

Division 3—Audiometric tests and

audiological examinations
37 Audiometric tests
If an employer is required under regulation 34(5)
to provide hearing protectors to an employee, the
employer must provide for audiometric testing for
that employee—
(a) within 3 months after the employee
commences the work in relation to which the
hearing protectors are required; and
(b) at any time when reasonably requested to do
so by the health and safety representative of
the designated work group of which the
employee is a member; and
(c) at least every 2 years.
Note
Act compliance—section 22(1) (see regulation 7).

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38 Audiological examinations
If the results of 2 or more audiometric tests of
an employee under regulation 37 during a period
not exceeding 2 years indicate a reduction in
hearing levels equal to or greater than 15 decibels
at 3000 hertz, 4000 hertz or 6000 hertz, the
employer must provide for the employee to
undergo an audiological examination as soon as
reasonably possible.
Note
Act compliance—section 22(1) (see regulation 7).
39 Report of audiological examination
An employer must obtain a report from the
person who conducts an audiological examination
in accordance with regulation 38 that—
(a) contains the results of the examination; and
(b) states whether or not the employee has
suffered hearing loss that is likely to be due
to exposure to noise.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
40 Test results and examination reports
(1) If an employee is tested under regulation 37, or
examined under regulation 38, the employer must
keep the test results or examination report while
the employee is employed by the employer.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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(2) Subject to subregulation (3), the employer

must, on request, provide a health and safety
representative with aggregate results of the most
recent audiometric tests under regulation 37 in
relation to the representative's designated work
group as soon as reasonably possible.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) Aggregate results provided under subregulation
(2) must not contain information that identifies the
employees tested or from which an employee's
identity could be reasonably obtained.

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Part 3.3—Prevention of falls

Part 3.3—Prevention of falls

Division 1—Introductory matters
41 Application of Part
(1) This Part applies to the prevention of falls.
Notes
1 A fall in this Part means an involuntary fall of more
than 2 metres (see the definition of fall in regulation 5).
2 Section 21 of the Act imposes duties on employers to,
so far as is reasonably practicable, provide and
maintain a working environment that is safe and
without risks to health. This includes managing risks
associated with falls of 2 metres or less. In accordance
with section 20(1) of the Act, employers must
eliminate risks associated with falls of 2 metres or less
so far as is reasonably practicable and, if it is not
reasonably practicable to eliminate the risks, reduce
those risks so far as is reasonably practicable, having
regard to the matters set out in section 20(2) of the Act.
(2) This Part does not apply in relation to—
(a) the following activities that are carried out
under the control or management of an
employer—
(i) the performance of stunt work;
(ii) the performance of acrobatics;
(iii) a theatrical performance;
(iv) a sporting or athletic activity;
(v) the riding of a bicycle, motorcycle or
all-terrain vehicle;
(vi) horse riding;
(vii) rock climbing, recreational abseiling
or any other similar activities; or

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(b) a task that is undertaken on those parts of a

building or structure (including stairs, fixed
ladders, ramps and balconies) that—
(i) comply with any applicable
requirements of AS 1657—Fixed
platforms, walkways, stairways and
ladders—Design, construction and
installation; and
(ii) comply with any applicable
requirements of the Building
Regulations 20061; and
(iii) are used for the purpose for which
they were designed, including for
entry and exit; or
(c) any activity determined by the Authority in
accordance with subregulation (3).
(3) The Authority may determine an activity to be
excluded from the application of this Part if the
Authority is satisfied that the activity is of a
similar nature to an activity referred to in
subregulation (2)(a).
42 Application to employers of emergency service
employees
Without limiting the application of this Part
(other than regulations 45, 46 and 47),
regulations 45, 46 and 47 apply only so far
as is reasonably practicable to an employer of—
(a) an emergency service employee when that
employee is—
(i) undertaking the rescue of a person; or
(ii) providing first aid to a person; or
(iii) undertaking training to deal with
emergency and rescue operations; or
(iv) carrying out an emergency response; or

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(b) a law enforcement officer within the

meaning of the Surveillance Devices
Act 1999 when that officer is—
(i) installing, using, maintaining or
retrieving a surveillance device or a
tracking device under an emergency
authorisation or a warrant issued under
that Act; or
(ii) engaged in any other surveillance
operation authorised by a senior officer
under that Act; or
(iii) undertaking training in relation to
surveillance duties or operations
required in the application of that Act.

Division 2—Duties of employers

43 Hazard identification
An employer must, so far as is reasonably
practicable, identify any task that an employee is
required to undertake at a workplace that involves
a fall hazard including—
(a) on any plant or structure being constructed,
demolished, inspected, tested, maintained,
repaired or cleaned; or
(b) on a fragile, slippery or potentially unstable
surface; or
(c) using equipment to gain access to an
elevated level or to undertake the task at an
elevated level; or
(d) on a sloping surface on which it is difficult to
maintain balance; or
(e) in close proximity to an unprotected edge; or

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(f) in close proximity to a hole, trench, shaft or

pit that is of sufficient dimensions to allow a
person to fall into the hole, trench, shaft or
pit.
Note
Act compliance—section 21 (see regulation 7).
44 Control of risk
(1) An employer must, so far as is reasonably
practicable, eliminate any risk associated with a
fall at the workplace.
Example
An employer might arrange for an employee or contractor
who is required to undertake a task that involves a risk
associated with a fall to undertake the task on the ground or
on a solid construction that has no risk associated with a fall.
(See the definition of solid construction in regulation 5.)
(2) If it is not reasonably practicable to eliminate a
risk associated with a fall, the employer must
reduce the risk so far as is reasonably practicable
by using a passive fall prevention device.
Note
Examples of a passive fall prevention device are given in
the definition of that term in regulation 5.
(3) If it is not reasonably practicable to reduce a
risk associated with a fall in accordance with
subregulation (2), the employer must reduce the
risk so far as is reasonably practicable by using a
work positioning system.
Note
See the definition of work positioning system in
regulation 5.

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(4) If it is not reasonably practicable to reduce a

risk associated with a fall in accordance with
subregulation (2) or (3), the employer must reduce
the risk so far as is reasonably practicable by
using a fall arrest system.
Note
Examples of a fall arrest system are given in the definition
of that term in regulation 5.
(5) If it is not reasonably practicable to reduce a
risk associated with a fall in accordance with
subregulation (2), (3) or (4), the employer must
reduce the risk so far as is reasonably practicable
by using—
(a) a fixed or portable ladder in accordance with
regulation 45; or
(b) administrative controls.
Notes
1 Act compliance— section 21 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to
consult with employees, including in respect of making
decisions about the measures to be taken to control risks to
health or safety. This consultation must involve the health
and safety representative (if any). See also regulation 21.
45 Use of ladder as a control measure
An employer must ensure that a fixed or portable
ladder used to reduce a risk associated with a
fall—
(a) is fit for the purpose; and
(b) is appropriate for the duration of the task;
and
(c) is set up in a correct manner.

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46 Use of administrative control only

(1) If an employer uses only an administrative control
in accordance with regulation 44(5)(b) to reduce a
risk associated with a fall, the employer must,
before the task is undertaken, record—
(a) a description of the administrative control
used; and
(b) a description of the task to which the
administrative control relates.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) In complying with subregulation (1), an
employer may make a generic record in respect of
a task to which an administrative control relates if
the task will be undertaken in the same or similar
circumstances at more than one workplace or at
more than one area within a workplace.
(3) The employer must keep a record made under this
regulation for the period during which the task to
which the administrative control relates is being
undertaken.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(4) The preparation of a safe work method statement
in accordance with regulation 327 is to be taken to
be compliance with subregulation (1).
47 Use of plant to control risk
(1) An employer must ensure that any plant used to
control a risk associated with a fall is—
(a) designed and constructed for the task or
range of tasks to be undertaken; and

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(b) designed and constructed in such a way

as to enable its safe use in the physical
surroundings in which it is to be used and
the conditions during which it is to be used.
Examples
Examples of physical surroundings are the type of surface
supporting plant and proximity to powerlines or trees.
Examples of conditions are lighting and weather conditions.
Note
Act compliance—section 21 (see regulation 7).
(2) An employer must ensure that the installation,
erection or dismantling of plant used to control a
risk associated with a fall is carried out in such a
manner as to reduce so far as is reasonably
practicable any risk while that installation,
erection or dismantling is being carried out.
Examples
Examples of the risks to be reduced are risks associated with
a fall, electric shock, crushing and musculoskeletal disorder.
Note
Act compliance—section 21 (see regulation 7).
48 Review of risk control measures
(1) An employer must review and, if necessary,
revise any measures implemented to control risks
associated with falls—
(a) before any alteration is made to plant or
systems of work that is likely to result in a
fall; or
(b) after any incident occurs to which Part 5 of
the Act applies that involves a fall or a risk
associated with a fall; or
(c) if, for any other reason, the risk control
measures do not adequately control the risks;
or

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(d) after receiving a request from a health and

safety representative.
Note
Act compliance—section 21 (see regulation 7).
(2) A health and safety representative may make a
request under subregulation (1)(d) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulation (1)(a), (b) and (c) exist; or
(b) the employer has failed—
(i) to properly review the risk control
measures; or
(ii) to take account of any of the
circumstances referred to in
subregulation (1)(a), (b) and (c) in
conducting a review of, or revising,
the risk control measures.
49 Emergency procedures
(1) If an employer uses a risk control measure in
accordance with subregulation (2), (3), (4) or (5)
of regulation 44, the employer must ensure
that emergency procedures are established in
accordance with subregulations (2) and (3)
before the task is undertaken.
Note
Act compliance—section 21 (see regulation 7).
(2) The employer must ensure that the emergency
procedures—
(a) so far as is reasonably practicable, enable—
(i) the rescue of an employee in the event
of a fall; and

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(ii) the provision of first aid to an employee

who has fallen; and
(b) can be carried out immediately after a fall.
(3) The employer must ensure that any risk associated
with carrying out the emergency procedures is—
(a) so far as is reasonably practicable,
eliminated; or
(b) if it is not reasonably practicable to eliminate
the risk, reduced so far as is reasonably
practicable.
Examples
Examples of risks associated with carrying out emergency
procedures are risks associated with a fall and risks of
electric shock, crushing and musculoskeletal disorder.
(4) The employer must ensure that the emergency
procedures are carried out immediately after the
fall.
Note
Act compliance—section 21 (see regulation 7).

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Part 3.4—Confined spaces

Part 3.4—Confined spaces

Division 1—Introductory matters
50 Application to employers of emergency service
employees
This Part does not apply to an employer of an
emergency service employee if, at the direction of
the employer, the employee is—
(a) undertaking the rescue of a person from a
confined space; or
(b) providing first aid to a person in a confined
space.

Division 2—Duties of designers, manufacturers

and suppliers of plant
51 Designers
A designer of plant that includes, or is intended to
include, a confined space must design the plant so
that—
(a) so far as is reasonably practicable, the need
for any person to enter the space is
eliminated; or
(b) if it is not reasonably practicable to eliminate
the need to enter the space—
(i) the need to enter is reduced so far as is
reasonably practicable; and
(ii) so far as is reasonably practicable, any
risk associated with the means of entry
to and exit from the space is eliminated
or, if it is not reasonably practicable to

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eliminate the risk, reduced so far as is

reasonably practicable.
Note
Act compliance—section 27 (see regulation 7).
52 Manufacturers
A manufacturer of plant that includes, or is
intended to include, a confined space must
manufacture the plant so that—
(a) so far as is reasonably practicable, the need
for any person to enter the space is
eliminated; or
(b) if it is not reasonably practicable to eliminate
the need to enter the space—
(i) the need to enter is reduced so far as is
reasonably practicable; and
(ii) so far as is reasonably practicable, any
risk associated with the means of entry
to and exit from the space is eliminated
or, if it is not reasonably practicable to
eliminate the risk, reduced so far as is
reasonably practicable.
Note
Act compliance—section 29 (see regulation 7).
53 Suppliers
A supplier of plant that includes, or is intended to
include, a confined space must ensure, so far as is
reasonably practicable, that the plant has been
designed and manufactured in accordance with
regulations 51 and 52 before the plant is supplied.
Note
Act compliance—section 30 (see regulation 7).

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Division 3—Duties of employers and

self-employed persons
54 Application of Division
In this Division a reference to a confined space in
relation to an employer or self-employed person
means a confined space under the management or
control of the employer or self-employed person.
55 Hazard identification
(1) An employer or a self-employed person must,
so far as is reasonably practicable, identify all
hazards associated with work in a confined space.
Notes
1 Act compliance—sections 21, 23 and 24
(see regulation 7).
2 See definition of work in a confined space in
regulation 5.
(2) An employer or self-employed person may carry
out hazard identification under subregulation (1)
for a class of confined space rather than for an
individual confined space if—
(a) all the confined spaces in the class are
similar; and
(b) the identification carried out for the class
of confined space does not result in any
employee being subject to any greater,
additional or different risk to health or safety
than if the identification were carried out for
each individual confined space.

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56 Control of risk
(1) An employer or self-employed person must,
so far as is reasonably practicable, eliminate any
risk associated with work in a confined space.
Example
An employer or self-employed person could eliminate risks
associated with work in a confined space by eliminating the
need for any person to enter the space.
(2) If it is not reasonably practicable to eliminate a
risk associated with work in a confined space, the
employer or self-employed person must reduce
the risk so far as is reasonably practicable by
taking into account the following matters—
(a) the nature of the confined space;
(b) if a hazard is associated with the level of
oxygen or the level of any contaminant in
the atmosphere of the confined space, any
change that may occur in the level of oxygen
or contaminant;
(c) the work required to be performed in the
confined space, the range of methods by
which the work can be done and the selected
method of working;
(d) any work required to be performed outside
the confined space that may be associated
with a hazard;
(e) the means of entry to and exit from the
confined space;

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(f) the type of emergency procedures required.

Notes
1 Act compliance—sections 21, 23 and 24 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to consult
with employees, including in respect of making decisions
about the measures to be taken to control risks to health or
safety. This consultation must involve the health and safety
representative (if any). See also regulation 21.
57 Isolation of plant and services
(1) An employer or self-employed person must,
so far as is reasonably practicable, eliminate any
risk associated with work in a confined space in
relation to the following—
(a) the introduction of any substance or
condition from or by any plant or services
connected to the space;
(b) the activation or energising in any way of
any plant or services connected to the space.
(2) If it is not reasonably practicable for the employer
or self-employed person to eliminate a risk
referred to in subregulation (1), the employer or
self-employed person must reduce the risk so far
as is reasonably practicable.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
58 Atmosphere
(1) An employer or self-employed person must
ensure, in relation to work in a confined space,
that—
(a) so far as is reasonably practicable, purging
or ventilation of any contaminant in the
atmosphere of the space is carried out; and

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(b) pure oxygen or gas mixtures with oxygen in

a concentration greater than 21% by volume
are not used for purging or ventilation of any
contaminant in the atmosphere of the space.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) An employer or self-employed person must
ensure, during work in a confined space, that—
(a) the atmosphere of the space has a safe
oxygen level; or
(b) if it is not reasonably practicable to comply
with paragraph (a), the employee is provided
with air-supplied respiratory protective
equipment.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(3) An employer must ensure, during work in a
confined space, that—
(a) an employee is not exposed to an
atmospheric concentration of a contaminant
in the atmosphere of the space above the
exposure standard (if any) for that
contaminant; or
(b) if it is not reasonably practicable to comply
with paragraph (a), the employee is provided
with air-supplied respiratory protective
equipment or other appropriate respiratory
protective equipment.
Note
Act compliance—sections 21 and 23 (see regulation 7).

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(4) An employer must ensure that an employee uses

the personal protective equipment provided under
this regulation.
Note
Act compliance—sections 21 and 23 (see regulation 7).
(5) In this regulation, purging means the method
by which any contaminant is displaced from a
confined space.
59 Fire or explosion
If there is a likelihood of fire or explosion in a
confined space, an employer or self-employed
person must ensure that no source of ignition is
introduced to the space, whether introduced from
within or outside the space.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
60 Flammable gases or vapours
(1) An employer or self-employed person must
ensure during work in a confined space that—
(a) so far as is reasonably practicable, the
concentration of any flammable gas or
vapour in the atmosphere of the space is
below 5% of its LEL; or
(b) if it is not reasonably practicable to comply
with paragraph (a) and the concentration
of any flammable gas or vapour in the
atmosphere of the space—
(i) is, or is likely to be, equal to or
greater than 5% but less than 10% of
its LEL, any employee is removed
immediately from the space unless
a suitably-calibrated, continuous-
monitoring, flammable gas detector is

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used in the space while the employee is

in the space; or
(ii) is equal to or greater than 10% of its
LEL, any employee is removed
immediately from the space.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) In this regulation, LEL (lower explosive limit)
of a flammable gas or vapour means the
concentration of that gas or vapour in air below
which the propagation of a flame does not occur
on contact with an ignition source.
61 Signs
(1) An employer or self-employed person must erect
signs that comply with subregulation (2) in the
immediate vicinity of a confined space for any
period that—
(a) work is performed in the confined space; or
(b) work is performed in preparation for, or
completion of, work in the confined space.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) The signs must—
(a) identify the confined space; and
(b) notify employees that they must not enter the
confined space unless they have a confined
space entry permit; and
(c) be clear and prominently positioned next to
each entry point to the confined space.

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62 Review of risk control measures

(1) An employer or self-employed person must
review and, if necessary, revise any measures
implemented to control risks associated with
work in a confined space—
(a) after any incident occurs to which Part 5
of the Act applies that involves work in a
confined space; or
(b) if, for any other reason, the risk control
measures do not adequately control the risks;
or
(c) after receiving a request from a health and
safety representative.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) A health and safety representative may make a
request under subregulation (1)(c) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulation (1)(a) or (b) exist; or
(b) the employer or self-employed person has
failed—
(i) to properly review the risk control
measures; or
(ii) to take account of the circumstances
referred to in subregulation (1)(a)
and (b) in conducting a review of, or
revising, the risk control measures.
63 Confined space entry permit
(1) An employer must ensure that an employee
does not enter a confined space unless the
employer has issued a confined space entry
permit in accordance with this regulation

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permitting the employee to enter the confined

space.
Note
Act compliance—section 21 (see regulation 7).
(2) A confined space entry permit—
(a) must only apply to one confined space; and
(b) may permit one or more employees to enter
that confined space.
(3) A confined space entry permit must list—
(a) the confined space to which the permit
applies; and
(b) the measures to control risks associated with
the confined space; and
(c) the name of any employee permitted to enter
the confined space; and
(d) if an employer assigns any person to perform
any function in relation to regulation 65, the
name of that person; and
(e) the period that the permit is in operation.
64 Employer to keep entry permits
An employer must keep each confined space entry
permit issued by the employer—
(a) until the work to which it relates is
completed; or
(b) if a notifiable incident occurs in connection
with the work to which the permit relates, for
at least 2 years after the date on which the
incident occurs.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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65 Communication and initiation of emergency

procedures
An employer must ensure that when an employee
is working in a confined space—
(a) there is continuous communication from
outside the confined space between the
employer, or a person assigned by the
employer, and the employee in the confined
space; and
(b) the emergency procedures can be initiated
from outside the confined space.
Note
Act compliance—section 21 (see regulation 7).
66 Procedures to indicate entry into confined space
An employer must, for the period of the operation
of the confined space entry permit, have in place a
procedure under which the employer, or a person
assigned by the employer, knows when any
employee is in the confined space.
Note
Act compliance—section 21 (see regulation 7).
67 Procedures to ensure exit from confined space
An employer must ensure that all employees have
exited a confined space on completion of work for
which a confined space entry permit is in
operation.
Note
Act compliance—section 21 (see regulation 7).

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68 Record of exit from confined space

An employer must keep a written record that
all employees have exited a confined space on
completion of work for which a confined space
entry permit is in operation.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
69 Emergency procedures
(1) An employer or self-employed person must have,
in relation to work in a confined space, emergency
procedures, in accordance with subregulations (2)
and (3), for the control and management of an
emergency in the confined space, including
procedures for—
(a) the rescue of any person from the confined
space; and
(b) first aid to be provided to any person in the
confined space and after rescue from the
confined space.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) The employer or self-employed person must
ensure that the emergency procedures—
(a) take into account the matters referred to in—
(i) regulation 56(2)(a) to (e); and
(ii) regulations 65 and 66; and
(b) can be carried out immediately after an
emergency arises in the confined space.

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(3) The employer or self-employed person must

ensure that any risk associated with carrying out
the emergency procedures is—
(a) so far as is reasonably practicable,
eliminated; or
(b) if it is not reasonably practicable to
eliminate the risk, reduced so far as is
reasonably practicable.
Examples
Examples of risks associated with carrying out emergency
procedures are risks of loss of consciousness, injury or death
due to the effect of airborne contaminants, fire or explosion,
asphyxiation due to oxygen deficiency or engulfment by
stored materials.
(4) The employer must ensure that the emergency
procedures are rehearsed by the relevant
employees.
Note
Act compliance—section 21 (see regulation 7).
(5) The employer or self-employed person must
ensure that the emergency procedures are carried
out immediately after an emergency arises in a
confined space.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
70 Emergency procedures—personal protective
equipment
(1) An employer must provide an employee with
air-supplied respiratory protective equipment if
the employee enters, or carries out emergency
procedures in, a confined space in an
emergency—
(a) arising from an atmosphere that does not
have a safe oxygen level or has a harmful
level of any contaminant; or

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(b) if there is a likelihood of a condition under

paragraph (a) arising while the employee is
in the confined space.
Note
Act compliance—section 21 (see regulation 7).
(2) An employer must provide an employee with
appropriate personal protective equipment if
the employee enters or carries out emergency
procedures in a confined space in an emergency—
(a) arising from engulfment; or
(b) if there is a likelihood of a condition under
paragraph (a) arising while the employee is
in the confined space.
Note
Act compliance—section 21 (see regulation 7).
(3) An employer must ensure that an employee uses
the personal protective equipment provided under
this regulation.
Note
Act compliance—section 21 (see regulation 7).
71 Emergency procedures—entry and exit for rescue
(1) An employer or self-employed person must ensure
that—
(a) openings for the entry to and exit from a
confined space are of adequate size to permit
the rescue of any person in the space and are
not obstructed by fittings or plant that could
impede the rescue; or

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(b) if it is not reasonably practicable to comply

with paragraph (a), an alternative means of
entry to and exit from the space for rescue
purposes is provided.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) If an alternative means of entry to and exit from a
confined space for rescue purposes is provided
under subregulation (1)(b), the employer or
self employed person must ensure that any risk
associated with the alternative means is—
(a) so far as is reasonably practicable,
eliminated; or
(b) if it is not reasonably practicable to eliminate
the risk, reduced so far as is reasonably
practicable.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
72 Emergency procedures—maintenance of plant
An employer or self-employed person must ensure
that any plant provided for use in the emergency
procedures is maintained so that it is fit for the
purpose.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
73 Information, instruction and training
An employer must ensure, in relation to work in
a confined space, that the relevant employees are
given information, instruction and training in—
(a) the nature of any hazard associated with the
confined space; and
(b) the need for, and proper use of, measures to
control risk; and

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(c) the selection, use, fit, testing and storage

of any personal protective equipment; and
(d) the contents of any confined space entry
permit relevant to the employees; and
(e) the emergency procedures.
Note
Act compliance—section 21 (see regulation 7).

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Part 3.5—Plant

Part 3.5—Plant
Division 1—Introductory matters
74 Application of Part
(1) This Part applies to the following types of plant—
(a) subject to subregulation (2), plant that
processes material by way of a mechanical
action that—
(i) cuts, drills, punches or grinds the
material; or
(ii) presses, forms, hammers, joins or
moulds the material; or
(iii) combines, mixes, sorts, packages,
assembles, knits or weaves the
material—
including plant where the functions referred
to in subparagraphs (i), (ii) and (iii) are
incidental to the main purpose of the plant;
(b) subject to subregulation (2), plant that lifts
or moves persons or materials (other than a
ship, boat, aircraft or, except as provided in
subregulation (4), a vehicle designed to be
used primarily as a means of transport on a
public road or rail);
(c) pressure equipment;
(d) tractors;
(e) earthmoving machinery;
(f) lasers;
(g) scaffolds;
(h) temporary access equipment;
(i) explosive-powered tools;

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(j) turbines;
(k) amusement structures.
Example
An example of materials under subregulation (1)(b)
includes objects and substances such as empty receptacles,
bins, landfill rubbish, metals and soil.
(2) Subregulation (1)(a) and (b) do not include plant
that—
(a) relies exclusively on manual power for its
operation; or
(b) is designed to be primarily supported by
hand.
(3) Unless specified otherwise, this Part applies
irrespective of the date on which plant was
manufactured.
(4) Division 5 applies to a vehicle designed to be used
primarily as a means of transport on public roads
or rail, if the vehicle is being used at a workplace
other than a public road or rail.
Note
Plant includes any machinery, equipment, appliance, implement
and tool, and any component of those things and anything fitted,
connected or related to any of those things (see section 5 of the
Act).
75 Hazard identification may be for classes of plant
(1) This regulation applies to a person who—
(a) has a duty under Part 3 of the Act to, so far
as is reasonably practicable, eliminate risks
associated with plant; and
(b) is required under this Part to identify the
hazards associated with plant.

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(2) A person referred to in subregulation (1) may

carry out procedures to identify the hazards for a
class of plant rather than for an individual item of
plant if—
(a) all the plant in the class have similar
functions and productive capacity; and
(b) the identification carried out for the
class of plant does not result in any person
being subject to a greater, additional or
different risk to health or safety than if the
identification were carried out for each
individual item of plant.

Division 2—Duties of designers of plant

76 Hazard identification
A designer of plant must, so far as is reasonably
practicable, identify all hazards associated with
the use of the plant during the design of the plant.
Note
Act compliance—section 27 (see regulation 7).
77 Guarding
(1) This regulation applies to a designer of plant
who uses guarding as a measure to control risk
associated with the plant.
(2) The designer must ensure, so far as is reasonably
practicable, that the guarding designed for that
purpose will prevent access to the danger area of
the plant.
Note
Act compliance—section 27 (see regulation 7).
(3) The designer must ensure that—
(a) if access to the area of the plant requiring
guarding is not necessary during operation,
maintenance or cleaning of the plant, the

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guarding is a permanently fixed physical

barrier; or
(b) if access to the area of the plant requiring
guarding is necessary during operation,
maintenance or cleaning of the plant, the
guarding is an interlocked physical barrier
that allows access to the area being guarded
at times when the area does not present a risk
and prevents access to the area at any other
time; or
(c) if it is not reasonably practicable to use
guarding referred to in paragraph (a) or (b),
the guarding used is a physical barrier that
can only be altered or removed by the use of
tools; or
(d) if it is not reasonably practicable to use
guarding referred to in paragraph (a), (b)
or (c), the design includes a presence-sensing
safeguarding system that eliminates any risk
arising from the area of the plant requiring
guarding while a person or any part of a
person is in the area being guarded.
Note
Act compliance—section 27 (see regulation 7).
(4) The designer must ensure that the guarding is
designed so that it—
(a) makes bypassing or disabling the guarding,
whether deliberately or by accident, as
difficult as is reasonably possible; and
(b) does not create a risk in itself.
Note
Act compliance—section 27 (see regulation 7).
(5) If the plant to be guarded contains moving parts
that may break or that may cause workpieces to be
ejected from the plant, the designer must ensure

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that the guarding will, in relation to any risk from

those broken or ejected parts or workpieces—
(a) so far as is reasonably practicable,
eliminate the risk; or
(b) if it is not reasonably practicable to
eliminate the risk, reduce the risk so
far as is reasonably practicable.
Note
Act compliance—section 27 (see regulation 7).
(6) Despite anything to the contrary in this regulation,
any guarding a designer of plant uses as a measure
to control risk associated with plant may be of
a kind that is able to be removed to allow
convenient repair, servicing, maintenance and
cleaning of the plant when it is not in normal
operation.
78 Operator controls
(1) A designer of plant must ensure that the design
provides for any operator controls for the plant to
be—
(a) suitably identified on the plant so as to
indicate their nature and function; and
(b) located so as to be readily and conveniently
operated by each person using the plant; and
(c) located or guarded to prevent unintentional
activation; and
(d) able to be locked into the "off" position to
enable the disconnection of all motive
power.
Note
Act compliance—section 27 (see regulation 7).

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(2) If the need for plant to be operated during

maintenance or cleaning cannot be eliminated, the
designer of the plant must ensure that the design
provides for operator controls that—
(a) permit operation of the plant while a person
is undertaking the maintenance or cleaning
of the plant; and
(b) cannot be operated by any person other
than the person who is carrying out the
maintenance or cleaning of the plant; and
(c) allow operation of the plant in such a way
that any risk associated with the activities
to any person who is carrying out the
maintenance or cleaning of the plant—
(i) is, so far as is reasonably practicable,
eliminated; or
(ii) if it is not reasonably practicable to
eliminate the risk, is reduced so far
as is reasonably practicable.
Note
Act compliance—section 27 (see regulation 7).
(3) This regulation does not apply to an emergency
stop device.
79 Emergency stop devices
(1) A designer of plant that is designed to be operated
or attended by more than one person and has more
than one emergency stop device fitted must ensure
that the design provides for the emergency stop
devices to be of the type that ensures that, if an
emergency stop device has been used, the plant
can be restarted only if—
(a) that emergency stop device is manually
reset; and

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(b) the start function is manually activated.

Note
Act compliance—section 27 (see regulation 7).
(2) A designer of plant who includes an emergency
stop device for the plant must ensure that the
design provides—
(a) for the device to be prominent, clearly and
durably marked and immediately accessible
to each operator of the plant; and
(b) for any handle, bar or push button associated
with the device to be coloured red; and
(c) that the device cannot be adversely affected
by electrical or electronic circuit
malfunction.
Note
Act compliance—section 27 (see regulation 7).
80 Warning devices
(1) A designer of plant who includes an emergency
warning device for the plant must ensure that the
design provides for the device to be so positioned
on the plant that the device works to best effect.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) If there is a likelihood of powered mobile plant
colliding with pedestrians or other powered
mobile plant, the designer must ensure that the
design of the plant includes a warning device that
will warn any person who may be at risk from the
movement of the plant.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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81 Designer must give information to manufacturer

A designer of plant must, when the design of the
plant is made available to the manufacturer of the
plant, give the manufacturer adequate information
to enable the plant to be manufactured in
accordance with the design specifications and, if
applicable, information about the following—
(a) the installation, commissioning,
decommissioning, use, transport, storage
and, if the plant is capable of being
dismantled, dismantling of the plant;
(b) the hazards and any risk associated with the
use of the plant identified by the designer;
(c) testing or inspections to be carried out on the
plant;
(d) the systems of work and competency of
operators that are necessary for the safe use
of the plant;
(e) the emergency procedures (if any) that are
required to be implemented if there is a
malfunction of the plant.
Note
Act compliance—section 27 (see regulation 7).
82 Hazard identified in design during manufacture
A designer of plant who has been informed under
regulation 85(1)(c)(ii) by a manufacturer of the
plant that there is a hazard in the design for which
the designer has not provided a risk control
measure must—
(a) revise the information originally supplied
and give it to the manufacturer to ensure that
the risk is—
(i) so far as is reasonably practicable,
eliminated; or

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(ii) if it is not reasonably practicable to

eliminate the risk, reduced so far as is
reasonably practicable; or
(b) inform the manufacturer, in writing, that
the designer is of the opinion that it is not
necessary to revise the information originally
supplied to the manufacturer to ensure
compliance with this Part.
Note
Act compliance—section 27 (see regulation 7).
83 Records and information
(1) If the design of plant is required to be registered Reg. 83(1)
amended by
under Part 6.2 (Registration), the designer of that S.R. No.
plant must record— 71/2018 reg. 5.

(a) the method used to determine the risk control

measures for the plant; and
(b) the risk control measures that result from the
determination.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Note
Regulation 125 provides for the requirement to be
registered.
(2) A designer of plant must keep any record made
under subregulation (1) available for inspection by
the Authority for a period of 7 years after the date
of registration of the design of the plant under
Part 6.2 (Registration).
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Note
If a person who designs plant is the person who registers the plant
design under Part 6.2 (Registration), that person must also obtain a
design verification statement in accordance with regulation 509.

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84 Record of standards or engineering principles used

(1) A designer of plant must record any published
technical standard, including any part of a
published technical standard, that was used in
designing the plant.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) A designer of plant who does not use published
technical standards to design the plant must record
any engineering principles used in designing the
plant.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) A designer of plant must keep any record made
under this regulation available for inspection by
the Authority or the person who verified the
design of the plant under regulation 509, for a
period of 7 years after the later of—
(a) the date on which the design or information
about the design is given to the manufacturer
under regulation 81; or
(b) if applicable, the date on which revised
information is given to the manufacturer
under regulation 82.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

Division 3—Duties of manufacturers of plant

85 Control of risk
(1) A manufacturer of plant must—
(a) ensure that the plant is manufactured and
inspected having regard to the information
given to the manufacturer by the designer of

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the plant under section 27(1)(c) of the Act

and Division 2; and
(b) if the information given to the manufacturer
by the designer of the plant under section
27(1)(c) of the Act and Division 2 requires
the plant to be tested, ensure that the plant is
tested in accordance with the information;
and
(c) ensure that if, during the manufacturing
process, any hazard is identified in the
design of the plant for which the designer
has not provided a risk control measure—
(i) the hazard is not incorporated into the
manufacture of the plant; and
(ii) the designer of the plant is informed
in writing of the hazard as soon as
reasonably possible; and
(iii) all reasonable steps are taken to consult
with the designer of the plant in relation
to the alteration of the design to rectify
the hazard; and
(d) if it is not possible to inform the designer
of the hazard in accordance with paragraph
(c)(ii), ensure that the risk is—
(i) so far as is reasonably practicable,
eliminated; or
(ii) if it is not reasonably practicable to
eliminate the risk, reduced so far as is
reasonably practicable.
Note
Act compliance—section 29 (see regulation 7).

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(2) A manufacturer to whom subregulation (1)(c)

applies must not manufacture the plant until—
(a) the designer gives the manufacturer revised
information under regulation 82(a); or
(b) the manufacturer eliminates or reduces risk
in accordance with subregulation (1)(d).
Note
Act compliance—section 29 (see regulation 7).
(3) If a designer gives a manufacturer of plant written
information in accordance with regulation 82(b),
the manufacturer may proceed in accordance with
the designer's original information.
86 Information must be given by a manufacturer
A manufacturer of plant must—
(a) give to a person to whom the manufacturer
supplies the plant the information given to
the manufacturer by the designer under
section 27(1)(c)(i) and (iii) of the Act and
regulation 81 when the plant is supplied by
the manufacturer; and
(b) if the manufacturer acts in accordance with
regulation 85(1)(c), give to a person to
whom the manufacturer supplies the plant
the information applicable to the plant that is
required to be given by the designer under
section 27(1)(c)(i) and (iii) of the Act and
regulation 82.
Note
Act compliance—section 29 (see regulation 7).
87 Records and information
(1) A manufacturer of plant must keep—
(a) a record of any published technical standard,
including any part of a published technical
standard, used to manufacture the plant; and

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(b) any information in relation to the plant given

to the manufacturer by a designer under this
Part or the Act.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) A manufacturer of plant must keep the records
and information referred to in subregulation (1)
available for inspection by the Authority for a
period of 7 years after the date of manufacture of
the plant.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

Division 4—Duties of suppliers of plant

Subdivision 1—General
88 Application of Subdivision
This Subdivision does not apply to a person who
sells plant as an agent of a supplier.
Note
In this Subdivision a supplier includes an importing supplier of
plant.
89 Information to be given—new plant
(1) A supplier of new plant must, at the time of
supplying the plant, give to the person to whom it
is supplied the information given to the supplier
under section 29(1)(c)(i) and (iii) of the Act and
regulation 86.
Note
Act compliance—section 30 (see regulation 7).
(2) A supplier of new plant who does not possess the
information referred to in subregulation (1) must,
in writing, inform the person to whom the plant is
supplied that the plant—

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(a) is being supplied without the information

required by those provisions; and
(b) should not be used as plant without the
information.
Note
Act compliance—section 30 (see regulation 7).
(3) This regulation does not apply to a supplier who
supplies plant under a hire-purchase agreement or
hire-purchase contract.
90 Information to be given—used plant
(1) A supplier of used plant must, at the time of
supplying the used plant, give to the person to
whom it is supplied—
(a) any information required to be given to the
supplier under section 29(1)(c)(i) and (iii)
of the Act and regulation 86 that is in the
possession of the supplier relating to safe use
of the plant; and
(b) any record kept by the previous owner of the
plant required under this Part, that is in the
possession of the supplier.
Note
Act compliance—section 30 (see regulation 7).
(2) A supplier of used plant who does not possess any
information or record referred to in subregulation
(1) must, in writing, inform the person to whom
the plant is supplied that the plant—
(a) is being supplied without the information
required by those provisions; and
(b) should not be used as plant without the
information.
Note
Act compliance—section 30 (see regulation 7).

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(3) This regulation does not apply to a supplier who

supplies plant under a hire-purchase agreement or
hire-purchase contract.
91 Information to be given—scrap material
A supplier of used plant that is to be used as scrap
material must, at the time the plant is supplied to a
person, inform the person in writing that the plant
is intended for use as scrap material.
Note
Act compliance—section 30 (see regulation 7).
92 Roll-over protection on tractors
(1) This regulation applies to a tractor that conveys its
power directly to the ground by wheels, but does
not apply to a tractor—
(a) supplied for use at a workplace in
circumstances in which there is no likelihood
of the tractor overturning; or
(b) weighing less than 560 kilograms, the weight
being taken in the lightest form in which the
tractor is normally available for retail sale
when new and without water, fuel or
lubricating oil; or
(c) that the supplier intends to be used for parts
or scrap material.
(2) A supplier of plant must not supply a tractor
manufactured in, or imported into, Victoria on or
after 1 July 1981 unless it is fitted with roll-over
protection.
Note
Act compliance—section 30 (see regulation 7).

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Subdivision 2—Supplier who hires or leases plant

93 Inspection and maintenance
A supplier of plant who hires or leases plant must
ensure that, between any hiring or leasing of the
plant, the plant is inspected and maintained to
ensure that any risk arising from the use of the
plant is—
(a) so far as is reasonably practicable,
eliminated; or
(b) if it is not reasonably practicable to eliminate
the risk, reduced so far as is reasonably
practicable.
Note
Act compliance—section 30 (see regulation 7).
94 Records
(1) A supplier of plant who hires or leases plant
must make a record detailing any inspection or
maintenance carried out on the plant under
regulation 93.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) A supplier of plant who hires or leases plant must
keep the record made under subregulation (1)
while the supplier has management or control of
the plant.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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Subdivision 3—Agent who sells plant

95 Information must be obtained and given by agent
A person who sells plant as an agent of a supplier
must—
(a) before conducting the sale, obtain the
information or records (as the case may be)
required under regulations 89, 90 and 91 to
be given by a supplier to the person to whom
the plant is supplied; and
(b) give the information or records (as the case
may be) obtained from the supplier under
paragraph (a) to the purchaser of the plant on
completion of the sale.
Note
Act compliance—section 30 (see regulation 7).

Division 5—Duties of employers and

self-employed persons who use plant
Subdivision 1—Application of Division
96 Application of Division
In this Division, a reference to plant or any
class of plant in relation to an employer or
self-employed person means plant or a class of
plant that is under the management or control
of the employer or self-employed person.

Subdivision 2—Control of risk—generally

97 Hazard identification
An employer or self-employed person must, so
far as is reasonably practicable, identify all
hazards associated with the installation, erection,
commissioning, decommissioning, dismantling
and use of plant at the workplace where the plant

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is used or located and the systems of work

associated with the plant.
Notes
1 Act compliance—sections 21, 23 and 24 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to consult
with employees, including in respect of identifying hazards,
and requires the involvement of the health and safety
representative (if any). See also regulation 21.
98 Control of risk
(1) An employer or self-employed person must, so
far as is reasonably practicable, eliminate any risk
associated with plant.
(2) If it is not reasonably practicable to eliminate
a risk associated with plant, the employer or
self-employed person must reduce the risk so
far as is reasonably practicable by—
(a) substituting the plant with plant that has a
lower level of risk; or
(b) isolating the plant from persons; or
(c) using engineering controls; or
(d) combining any of the risk control measures
referred to in paragraphs (a), (b) and (c).
(3) If the employer or self-employed person has
complied with subregulations (1) and (2) so far
as is reasonably practicable and a risk associated
with plant remains, the employer or self-employed
person must reduce the risk so far as is reasonably
practicable by using administrative controls.
(4) If the employer or self-employed person has
complied with subregulations (1), (2) and (3)
so far as is reasonably practicable and a risk
associated with plant remains, the employer or
self-employed person must reduce the risk so
far as is reasonably practicable by providing

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appropriate personal protective equipment to

persons at risk.
(5) Nothing in this Division, except regulation 96,
limits the operation of this regulation.
Notes
1 Act compliance—sections 21, 23 and 24 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to consult
with employees, including in respect of making decisions
about the measures to be taken to control risks to health or
safety. This consultation must involve the health and safety
representative (if any). See also regulation 21.
99 Specific risk control measures—Guarding
(1) This regulation applies to an employer or
self-employed person who uses guarding as a
measure to control risk associated with plant.
(2) The employer or self-employed person must
ensure, so far as is reasonably practicable, that
guarding designed for that purpose will prevent
access to the danger area of the plant.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(3) The employer or self-employed person must
ensure that—
(a) if access to the area of the plant requiring
guarding is not necessary during operation,
maintenance or cleaning of the plant, the
guarding is a permanently fixed physical
barrier; or
(b) if access to the area of the plant requiring
guarding is necessary during operation,
maintenance or cleaning of the plant, the
guarding is an interlocked physical barrier
that allows access to the area being guarded
at times when that area does not present a

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risk and prevents access to that area at any

other time; or
(c) if it is not reasonably practicable to use
guarding referred to in paragraph (a) or (b),
the guarding used is a physical barrier that
can only be altered or removed by the use
of tools; or
(d) if it is not reasonably practicable to use
guarding referred to in paragraph (a), (b)
or (c), a presence-sensing safeguarding
system is used that eliminates any risk
arising from the area of the plant requiring
guarding while a person or any part of a
person is in the area being guarded.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(4) The employer or self-employed person must
ensure that the guarding—
(a) makes bypassing or disabling the guarding,
whether deliberately or by accident, as
difficult as is reasonably possible; and
(b) does not create a risk in itself.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(5) If the plant to be guarded contains moving parts
that may break or that may cause workpieces to
be ejected from the plant, the employer or
self-employed person must ensure that the
guarding will, in relation to any risk from those
broken or ejected parts or workpieces—

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(a) so far as is reasonably practicable,

eliminate the risk; or
(b) if it is not reasonably practicable to
eliminate the risk, reduce the risk so far
as is reasonably practicable.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(6) Despite anything to the contrary in this regulation,
any guarding an employer or self-employed
person uses as a measure to control risk associated
with plant may be of a kind that is able to be
removed to allow convenient repair, servicing,
maintenance and cleaning of the plant when it is
not in normal operation.
100 Specific risk control measures—Guarding and
insulation from heat and cold
An employer or self-employed person must
ensure, so far as is reasonably practicable, that
any pipe or other part of plant associated with
heat or cold is adequately guarded or insulated in
a manner that ensures that any risk to health or
safety is—
(a) so far as is reasonably practicable,
eliminated; or
(b) if it is not reasonably practicable to eliminate
the risk, reduced so far as is reasonably
practicable.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
101 Specific risk control measures—Operator controls
(1) An employer or self-employed person must ensure
that any operator controls for plant are—
(a) suitably identified on the plant so as to
indicate their nature and function; and

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(b) located so as to be readily and conveniently

operated by each person using the plant; and
(c) located or guarded to prevent unintentional
activation; and
(d) able to be locked into the "off" position to
enable the disconnection of all motive
power.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) If the need for plant to be operated during
maintenance or cleaning of the plant cannot be
eliminated, the employer or self-employed person
must ensure that the plant is provided with
operator controls that—
(a) permit operation of the plant while a person
is undertaking the maintenance or cleaning
of the plant; and
(b) cannot be operated by any person other
than the person who is carrying out the
maintenance or cleaning of the plant; and
(c) allow operation of the plant in such a way
that any risk associated with the activities to
any person carrying out the maintenance or
cleaning of the plant is—
(i) so far as is reasonably practicable,
eliminated; or
(ii) if it is not reasonably practicable to
eliminate the risk, reduced so far as is
reasonably practicable.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(3) This regulation does not apply to an emergency
stop device.

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102 Specific risk control measures—Emergency stop

devices
(1) If plant is designed to be operated or attended
by more than one person and more than one
emergency stop device is fitted, the employer
or self-employed person must ensure that the
emergency stop devices are of the type that
ensures that, if an emergency stop device has
been used, the plant can be restarted only if—
(a) that emergency stop device is manually
reset; and
(b) the start function is manually activated.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) If the plant includes an emergency stop device,
the employer or self-employed person must ensure
that—
(a) the device is prominent, clearly and durably
marked and immediately accessible to each
operator of the plant; and
(b) any handle, bar or push button associated
with the device is coloured red; and
(c) the device cannot be adversely affected by
electrical or electronic circuit malfunction.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
103 Specific risk control measures—Warning devices
If plant includes an emergency warning device,
the employer or self-employed person must ensure
that the device is so positioned on the plant that
the device works to best effect.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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104 Specific risk control measures—Installation, etc.

of plant
An employer or self-employed person must ensure
that—
(a) plant is installed or erected to provide
sufficient clear working area around the
plant to allow the plant to be used in a
manner that—
(i) so far as is reasonably practicable,
eliminates the risk associated with the
activity; or
(ii) if it is not reasonably practicable to
eliminate the risk, reduces the risk so
far as is reasonably practicable; and
(b) so far as is reasonably practicable, the layout
of plant at the workplace does not affect
entry to and exit from the workplace to the
extent that it presents a risk; and
(c) plant is not commissioned unless the
employer or self-employed person has
established, so far as is reasonably
practicable, that it is safe to commission
the plant; and
(d) the plant is not decommissioned unless
the employer or self-employed person
has established, so far as is reasonably
practicable, that it is safe to decommission
the plant; and

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(e) the installation, erection, commissioning,

decommissioning and dismantling processes
include inspections that will ensure that the
risk associated with these activities is
monitored.
Notes
1 Act compliance—sections 21, 23 and 24 (see regulation 7).
2 An employer or self-employed person has a duty under this
Division to control risks to health and safety associated with
the installation, erection, commissioning, decommissioning
and dismantling of plant.
3 An employer or self-employed person continues to have a
duty under this Division to control risks to health and safety
associated with plant that remains in operation until it is
decommissioned.
105 Use of plant
An employer or self-employed person must ensure
that—
(a) plant is inspected to the extent necessary to
ensure that any risk associated with the use
of the plant is monitored; and
(b) steps are taken to prevent—
(i) alterations to the plant that have not
been permitted by the employer or
self employed person; or
(ii) interference with the plant.
Notes
1 Act compliance—sections 21, 23 and 24 (see regulation 7).
2 An employer or self-employed person has a duty to
control risks associated with plant (see regulation 98) and
to review and, if necessary, revise risk control measures
(see regulation 121).

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106 Record of inspection and maintenance

An employer or self-employed person must
keep a record of any inspection and maintenance
carried out on the following plant for the period
that the employer or self-employed person has
management or control of the plant—
(a) the plant referred to in clauses 1.3, 1.5, 1.14,
1.15 and 1.16 of Schedule 2;
(b) amusement structures to which AS 3533.1—
Amusement rides and devices—Part 1:
Design and construction applies, other
than amusement structures determined by
AS 3533.1 to be class 1;
(c) boilers with a hazard level A, B or C
as determined by AS 4343 Pressure
equipment—Hazard levels;
(d) lifts;
(e) tower cranes;
(f) pressure vessels with a hazard level A, B
or C as determined by AS 4343 Pressure
equipment—Hazard levels, other than—
(i) gas cylinders to which AS 2030—
Gas Cylinders applies; and
Note
See the definition of AS 2030—Gas Cylinders
which encompasses AS 2030.1, AS 2030.2,
AS 2030.4 and AS 2030.5.
(ii) liquefied petroleum gas fuel
vessels for automotive use to which
AS/NZS 3509—LP Gas fuel vessels
for automotive use applies; and

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(iii) serially produced vessels to which

AS 2971—Serially produced pressure
vessels applies.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
107 Plant not in use
An employer or self-employed person must
ensure, so far as is reasonably practicable, that
plant that is not in use is left in a state that does
not create a risk for any person.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).

Subdivision 3—Control of risk associated with

specific plant
108 Subdivision not to limit regulations 98 to 107
Nothing in this Subdivision limits the duties,
requirements, obligations or liability of an
employer or self-employed person under
regulations 98 to 107.
109 Powered mobile plant
(1) An employer or self-employed person must,
so far as is reasonably practicable, eliminate
the following risks or, if it is not reasonably
practicable to eliminate the risks, reduce them
so far as is reasonably practicable—
(a) powered mobile plant overturning;
(b) objects falling on the operator of the
powered mobile plant;
(c) the operator being ejected from the powered
mobile plant;
(d) powered mobile plant colliding with
pedestrians or other powered mobile plant.

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(2) The employer or self-employed person must

ensure, so far as is reasonably practicable, that an
appropriate combination of operator protective
devices is provided, maintained and used to
reduce so far as is reasonably practicable the risks
to the operator set out in subregulation (1)(a), (b)
and (c).
(3) Subregulation (2) does not apply in relation to
the fitting of roll-over protection on a tractor that
conveys its power to the ground directly by
wheels.
Note
See regulation 111.
(4) An employer or self-employed person must
ensure, so far as is reasonably practicable, that no
person, other than the operator, rides on powered
mobile plant unless the person is afforded a level
of protection from exposure to any risk that is
equivalent to that provided to the operator.
Notes
1 Act compliance—sections 21, 23 and 24 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to consult
with employees, including in respect of making decisions
about the measures to be taken to control risks to health or
safety. This consultation must involve the health and safety
representative (if any). See also regulation 21.
110 Warning devices on powered mobile plant
An employer or self-employed person must
ensure that powered mobile plant that has a
likelihood of colliding with pedestrians or other
powered mobile plant is fitted with a warning
device that will warn persons who may be at risk
from the movement of the plant.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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111 Roll-over protection on tractors

(1) This regulation applies to a tractor that conveys its
power directly to the ground by wheels, but does
not apply to a tractor—
(a) manufactured in, or imported into, Victoria
before 1 July 1981 if it is not reasonably
practicable to fit roll-over protection to the
tractor; or
(b) used at a workplace in circumstances in
which there is no likelihood of the tractor
overturning; or
(c) that is fitted with roll-over protection that
has been temporarily removed or lowered
for the period during which it is being used
under a tree or other vegetation or in another
place where there is insufficient space for
the tractor to operate effectively while the
roll-over protection is fitted; or
(d) weighing less than 560 kilograms, the
weight being taken in the lightest form in
which the tractor is normally available for
retail sale when new and without water,
fuel or lubricating oil.
(2) An employer or self-employed person must
ensure that a tractor is not used at the employer
or self-employed person's workplace unless it is
fitted with roll-over protection.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
112 Industrial lift trucks
(1) An employer or self-employed person must ensure
that an industrial lift truck is—
(a) equipped with lifting attachments that are
appropriate to the load to be lifted or moved
by the truck; and

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(b) used in a manner that ensures that any risk

to the operator of the truck that arises from
systems of work and the environment in
which the truck is used is—
(i) so far as is reasonably practicable,
eliminated; or
(ii) if it is not reasonably practicable to
eliminate the risk, reduced so far as is
reasonably practicable.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) An employer or self-employed person must ensure
that any person, other than the operator, who rides
on an industrial lift truck, is seated in a seat that
is—
(a) specifically designed for carrying a
passenger; and
(b) fitted with appropriate seat restraints; and
(c) located within the zone of protection that is
provided by the operator protective device
required to be fitted to the industrial lift
truck.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
113 Warning devices on industrial lift trucks
An employer or self-employed person must ensure
that an industrial lift truck is fitted with warning
devices that are appropriate to effectively warn
persons who may be at risk from the movement of
the industrial lift truck.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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114 Electrical plant and electrical hazards

An employer or self-employed person must, in
relation to electrical plant and plant exposed to an
electrical hazard, ensure that—
(a) if damage to plant presents an electrical
hazard, the plant is disconnected from the
power supply and is not used until the
damaged part is repaired or replaced; and
(b) electrical plant or plant that is exposed to an
electrical hazard is not used under conditions
that are likely to give rise to electrical
hazards; and
(c) appropriate permit to work systems are
provided to avoid inadvertent energising
of plant that has been isolated but not
physically disconnected from the electrical
supply.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
115 Plant used to lift or suspend loads
(1) This regulation does not apply to plant used in
connection with—
(a) the performance of stunt work; or
(b) the performance of acrobatics; or
(c) a theatrical performance.
(2) An employer or self-employed person must
ensure, so far as is reasonably practicable, that
plant that is used to lift or suspend persons,
equipment or materials is specifically designed
to lift or suspend the load.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).

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(3) The employer or self-employed person must

ensure that, when plant is used in accordance with
subregulation (2)—
(a) all lifting or suspending is carried out—
(i) with lifting attachments that are
appropriate to the load to be lifted or
suspended; and
(ii) within the safe working limits of the
plant; and
(b) subject to subregulation (5), so far as
is reasonably practicable, no loads are
suspended over, or travel over, a person; and
(c) loads are lifted or suspended in a way that
ensures that the load remains under control
during the activity; and
(d) so far as is reasonably practicable, no load is
lifted simultaneously by more than one piece
of plant.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(4) If it is not reasonably practicable to use plant
to lift or suspend loads that is specifically
designed for the purpose, the employer or
self-employed person must ensure that—
(a) the plant used to lift or suspend the load does
not cause a greater risk than if specifically
designed plant were to be used; and
(b) if the plant is lifting or suspending persons—
(i) the persons are lifted or suspended in a
work box or other device for carrying
persons that is securely attached to the
plant; and

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(ii) the persons in the work box or other

device substantially remain within the
confines of the work box or device
while they are being lifted or
suspended; and
(iii) if there is a risk of a person falling from
height, a safety harness is provided and
worn by the person in order to prevent,
so far as is reasonably practicable,
injury to the person as a result of the
fall; and
(iv) means are provided by which the
persons being lifted or suspended can
safely exit from the plant in the event of
a failure in the normal operation of the
plant.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(5) Subregulation (3)(b) does not apply to plant that is
an amusement structure.
116 Lifts
(1) This regulation applies to a lift over which
an employer or self-employed person has
management or control, including a lift over
which the employer or self-employed person has
management or control of its maintenance.
(2) The employer or self-employed person must—
(a) if there is a risk of a person falling down a
lift well, provide—
(i) secure barriers to prevent access to
openings into the lift well by a person
other than a person who is performing
work in the lift well; and

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(ii) secure working platforms or equivalent

arrangements for a person who is
working in the lift well to prevent a
fall from height; and
(b) if there is a risk to a person working in a lift
well as a result of objects falling onto the
person, provide a secure barrier to prevent,
so far as is reasonably practicable, falling
objects from striking the person or otherwise
causing a risk; and
(c) if there is a risk to a person working in a lift
well as a result of movement of a lift car,
take steps to ensure that the risk is eliminated
or, if it is not reasonably practicable to
eliminate the risk, reduced so far as is
reasonably practicable.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
117 Notice of rated capacity of lift
An employer or self-employed person must
ensure, in relation to any lift in the employer's or
self-employed person's workplace, that there is
fixed, in a conspicuous place in the lift, a legible
notice that states the rated capacity of the lift
specified in the design of the lift.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
118 Scaffolds
An employer or self-employed person must
ensure, in relation to a scaffold, that—
(a) no work, other than the work of erecting or
dismantling the scaffold, is performed from a
scaffold unless the scaffold, or the relevant
part of the scaffold, is complete; and

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(b) the scaffold is secure and capable of

supporting the work to be performed on
the scaffold; and
(c) on becoming aware that the scaffold or
its supporting structure is in an unsafe
condition, appropriate repairs, alterations
or additions are carried out before the
relevant part of the scaffold is used; and
(d) so far as is reasonably practicable, if a
scaffold is left unattended, persons who
would not ordinarily be using the scaffold
are prevented from gaining access to the
scaffold.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
119 Tower cranes
(1) An employer or self-employed person must
ensure that any tower crane is erected on a
supporting structure or foundation that has
been designed—
(a) by an engineer with relevant knowledge and
experience; and
(b) for the specific ground conditions at the
location; and
(c) taking into account the configurations and
forces that were provided for the tower crane
when its design was registered.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) An employer or self-employed person must
ensure that the placement of any crane ties fitted
to the tower crane has been designed—
(a) by an engineer with relevant knowledge and
experience; and

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(b) taking into account the configurations and

forces that were provided for the tower crane
when its design was registered.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
120 Employer or self-employed person to keep certain
design information available
An employer or self-employed person must keep
any design information concerning the supporting
structure or foundation on which a tower crane
is erected and the placement of any crane ties
available for inspection by the Authority while the
tower crane is erected on that supporting structure
or foundation.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

Subdivision 4—Other duties

121 Review of risk control measures
(1) An employer or self-employed person must
review and, if necessary, revise any measures
implemented to control risks associated with
plant or its associated systems of work—
(a) before the plant is used for the first time at
a workplace; or
(b) before any alteration is made to the plant or
any change is made in the way the plant is
used or in its associated systems of work,
including a change in the location of the
plant; or
(c) if new or additional information about
hazards or risks relating to the plant or its
associated systems of work becomes

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available to the employer or self-employed

person; or
(d) after any incident occurs to which Part 5 of
the Act applies that involves the plant or its
associated systems of work; or
(e) if, for any other reason, the risk control
measures do not adequately control the risks;
or
(f) after receiving a request from a health and
safety representative.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) A health and safety representative may make a
request under subregulation (1)(f) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulation (1)(a) to (e) exist; or
(b) the employer or self-employed person has
failed—
(i) to properly review the risk control
measures; or
(ii) to take account of any of the
circumstances referred to in
subregulation (1)(a) to (e) in
conducting a review of, or revising,
the risk control measures.
122 Information, instruction and training
(1) This regulation applies if a hazard associated
with plant and its associated systems of work is
identified under regulation 97.
(2) An employer must ensure that employees likely to
be exposed to any risk associated with a hazard
referred to in subregulation (1), and any person

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supervising the employees, are trained and

provided with information and instruction in—
(a) the processes used for hazard identification
and control of risk; and
(b) the safety procedures associated with the use
of the plant at the workplace; and
(c) the use, fit, testing and storage of personal
protective equipment, if personal protective
equipment forms part of the risk control
measures.
Note
Act compliance—sections 21 and 23 (see regulation 7).
(3) The duties of an employer under subregulation (2)
in relation to lifts do not apply to employees who
travel in a lift, other than employees who perform
work on the lift.
123 Information for persons involved in a plant activity
(1) This regulation applies if a hazard associated
with plant and its associated systems of work is
identified under regulation 97.
(2) An employer must ensure that a person involved
in a plant activity is provided with information,
which is available to the employer, on how the
activity can be carried out so as to ensure, so far
as is reasonably practicable, the health and safety
of the person.
Note
Act compliance—sections 21 and 23 (see regulation 7).
(3) In this regulation, plant activity means—
(a) commissioning or installing plant; or
(b) testing plant; or

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(c) decommissioning, dismantling or disposal of

plant; or
(d) inspection or maintenance of plant.
124 Notice of prescribed incidents
For the purposes of section 37(2)(h) of the Act,
the collapse, overturning, failure or malfunction
of, or damage to, any plant referred to in
regulation 106 is prescribed.
Note
The effect of this provision is that an employer or self-employed
person must notify the Authority, immediately after becoming
aware of the collapse, overturning, etc., of any plant listed in
regulation 106, that exposes a person in the immediate vicinity to
an immediate risk to the person's health or safety. A written record
of the incident must be given to the Authority within 48 hours after
the notice and the record must be kept for at least 5 years and made
available for inspection on request (see section 38 of the Act).
There is also a duty to preserve the incident site (see section 39 of
the Act).

Division 6—Registration of plant designs

125 Plant designs to be registered
(1) The design of an item of plant specified in
Schedule 2 must be registered in accordance with
Part 6.2 (Registration).
Notes
1 See section 40(2) of the Act.
2 Part 6.2 (Registration) sets out the process for
obtaining registration.
(2) Subregulation (1) does not apply to a design if
work preparing the design started before 1 July
1995.
126 Altered plant designs to be registered
(1) If the design of an item of plant specified in
Schedule 2, that is registered under Part 6.2
(Registration), is altered to an extent that the plant

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is subject to new measures to control risk, the

altered design must be registered in accordance
with Part 6.2 (Registration).
Note
See section 40(2) of the Act.
(2) An altered design of an item of plant must
also be registered in accordance with Part 6.2
(Registration) if—
(a) the design of the plant before it was altered
was not required to be registered under
Part 6.2 (Registration) because of regulation
125(2) or 127; and
(b) the design is altered to an extent that the
plant is subject to new measures to control
risk; and
(c) in the case of an alteration to a design
referred to in regulation 127, the altered
design has not been registered by the
corresponding Authority that registered
the original plant design.
Note
See section 40(2) of the Act.
127 Recognition of interstate designs
(1) A design of an item of plant is not required to
be registered under Part 6.2 (Registration) if the
design has been registered by a corresponding
Authority under statutory requirements that are
substantially equivalent to that Part.
(2) A design referred to in subregulation (1) that is
altered is not required to be registered under
Part 6.2 (Registration) if the altered design has
been registered by the corresponding Authority
that registered the original plant design.

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(3) Subregulations (1) and (2) do not apply to a

registration by a corresponding Authority if the
Victorian WorkCover Authority determines that
this regulation does not apply to that class of
registration.
Note
The Mutual Recognition (Victoria) Act 1998 may apply.
(4) In this regulation, registration by a corresponding
Authority includes confirmation or approval by
that corresponding Authority.

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Part 3.6—High risk work

Part 3.6—High risk work

Division 1—Requirement to be licensed
128 Person must not perform high risk work without
licence
A person must not perform high risk work unless
the person holds an appropriate high risk work
licence in relation to the work.
Notes
1 See section 40(4) of the Act.
2 Part 6.1 (Licences) sets out the process for obtaining a high
risk work licence.
129 Employer must not allow unlicensed employee to
perform high risk work
An employer must not allow an employee to
perform high risk work unless the employee holds
an appropriate high risk work licence in relation to
the work.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
130 Exceptions to regulations 128 and 129
(1) Regulations 128 and 129 do not apply if the
person or employee—
(a) is only undertaking—
(i) training for the purpose of obtaining
a high risk work licence for the work
under regulation 132; or
(ii) a training course or program under
regulation 133; or
(b) is authorised to work under regulation 138;
or

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(c) is only operating pressure equipment of a

class listed in Schedule 4 and the conditions
(if any) set out in Schedule 4 in relation to
the equipment have been, or are being (as the
case may be), complied with; or
(d) has been exempted by the Authority under
regulation 538(1) in relation to specified
high risk work; or
(e) is only performing high risk work involving
plant for the purposes of testing, installing,
commissioning, maintaining or repairing the
plant.
Notes
1 Regulation 138 permits a person to work for a limited
period in certain circumstances including if the person
has applied to the Authority for a licence.
2 Regulation 538(1) allows the Authority to exempt
any person, or class of person (including persons
who are under 18 years of age) from complying with
regulation 128 in relation to specified high risk work.
(2) Subregulation (1)(e) does not apply to work—
(a) referred to in Part 1 of Schedule 3; or
(b) involving the operating of plant in order to
load or unload it from a vehicle.
(3) A person who holds a high risk work licence for
rigging work is not required to also hold a high
risk work licence for crane or hoist operation for
the purpose of setting up or dismantling a crane or
hoist if the operation of the crane or hoist is
integral to the setting up or dismantling of the
crane or hoist.
(4) Regulation 128 does not apply to a person
who is performing work under the terms of an
exemption granted to the person's employer under
regulation 538(2).

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(5) Regulation 129 does not apply to an employer

who—
(a) allows an employee who holds a high risk
work licence for rigging work to set up or
dismantle a crane or hoist if the operation of
the crane or hoist is integral to the setting up
or dismantling of the crane or hoist; or
(b) has been, or is in a class of employer which
has been, exempted by the Authority under
regulation 538(2) in relation to specified
high risk work.
Note
Regulation 538(2) allows the Authority to exempt an
employer, or class of employer from complying with
regulation 129 in relation to specified high risk work that
the employer seeks to have performed by a person, or class
of person, who does not hold a high risk work licence
(including persons who are under 18 years of age).
131 Recognition of interstate licences
(1) In this Division, a reference to a high risk work
licence includes a reference to an equivalent
licence or certificate that—
(a) was issued by a corresponding Authority;
and
(b) is being used in accordance with the terms
and conditions under which it was granted;
and
(c) is recognised by the issuing Authority as
being current and valid.
(2) Subregulation (1) does not apply to—
(a) a licence or certificate that is presently
suspended (either wholly or in relation to the
work being performed) in Victoria or another
Australian jurisdiction; or

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(b) a licence or certificate if the Authority has

determined that this regulation does not
apply to the class of licence or certificate.
Note
The Mutual Recognition (Victoria) Act 1998 may also
apply.

Division 2—Training
132 Trainee to be under direct supervision
(1) An employer of a person undertaking training for
the purpose of obtaining a high risk work licence
("trainee") who is performing high risk work at
the workplace must ensure that—
(a) the trainee receives the directions,
demonstrations and monitoring appropriate
to the tasks assigned to the trainee and the
competence of the trainee to enable the
trainee to perform the work in a manner
that is safe and without risks to health; and
(b) should an emergency involving the trainee
arise, action to immediately rectify any
hazardous situation can be taken; and
(c) except as provided by subregulation (2), the
trainee is always under direct supervision.
(2) Direct supervision of a trainee under
subregulation (1), is not required if—
(a) the circumstances of a particular task make
such direct supervision impracticable or
unnecessary; and
(b) the level of competence of the trainee is such
that direct supervision in relation to the task
is unnecessary; and

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(c) the lesser degree of supervision will not

place the trainee or any other person at risk.
Note
Act compliance—section 21 (see regulation 7).
(3) The employer must ensure that the direct
supervisor of a trainee is—
(a) authorised by the employer to oversee the
trainee; and
(b) is a person who holds a relevant high risk
work licence for the class of high risk work
that is current and valid.
Note
Act compliance—sections 21 and 23 (see regulation 7).
133 Person conducting training must ensure supervision
A person conducting a training course or
program where high risk work is performed
as part of the course or program by a person
undertaking the course or program, must comply
with all obligations placed on an employer by
regulation 132 in relation to the person
undertaking the training.
Note
Act compliance—sections 23 and 24 (see regulation 7).

Division 3—Assessments of competency

134 How to obtain an assessment of competency
(1) A person may apply to an authorised assessor for
an assessment of the person's competency to
safely perform particular high risk work to the
standard set by the relevant competency standard.

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(2) After carrying out the assessment of the

applicant—
(a) if the authorised assessor is satisfied that the
applicant has demonstrated that the applicant
can meet the criteria that apply to each
element of competency in the relevant
competency standard under workplace
conditions, the authorised assessor must give
the applicant a notice of assessment stating
that the authorised assessor is of that
opinion; or
(b) if the authorised assessor is not satisfied, the
authorised assessor must give the applicant a
notice of assessment stating that opinion and
the reasons why the authorised assessor is of
that opinion.
Note
A notice of assessment under subregulation (2)(a) is called
a notice of assessment (satisfactory) (see regulation 5).
(3) A notice of assessment must be made or given in
the form and manner required by the Authority.
(4) An applicant is entitled to be heard by the
authorised assessor in relation to any action taken
under subregulation (2)(b).
135 Method of assessment
An authorised assessor must carry out any
assessment made for the purposes of
regulation 134 in accordance with the assessment
instruments and procedures for conducting
assessments that the Authority issues from time
to time under regulation 136.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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136 Assessment instruments

(1) The Authority may issue assessment instruments
and procedures for conducting assessments for the
purposes of regulation 135.
(2) The Authority may include the following in the
assessment instruments—
(a) techniques for directly observing the
applicant's performance of the work or skill
under workplace conditions;
(b) simulated work-related tasks to be
undertaken;
(c) checklists to be completed by the applicant;
(d) projects or assignments to be completed by
the applicant;
(e) test questions;
(f) any other methods of assessment.
137 Process for re-assessment
An applicant who receives a notice of assessment
under regulation 134(2)(b) may apply to an
authorised assessor for a re-assessment.
138 Person may work while application for high risk
work licence or renewal is being processed
(1) A person who has been given a notice of
assessment (satisfactory) by an authorised
assessor may perform any work to which the
notice applies—
(a) for 60 days from the date of issue of the
notice; and
(b) if the person applies for a licence within that
60-day period, until—
(i) the person is granted the licence by the
Authority; or

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(ii) 14 days after the person is given

written notice by the Authority that
the application has been refused.
(2) The holder of a high risk work licence who
applies for a licence renewal under regulation
490(1) or (2), on or before the date of expiry of
the existing licence, may perform any work to
which the licence applies until—
(a) the licence holder is granted the licence
renewal by the Authority; or
(b) 14 days after the licence holder is given
written notice by the Authority that the
application has been refused.

Division 4—Authorisation of assessors

139 Authorisation to carry out assessments of
competency
(1) The Authority may authorise a person to carry out
assessments of competency in relation to a class
or classes of high risk work for the purpose of
these Regulations, for a specified period.
Note
Person includes a body corporate, unincorporated body or
association and a partnership (see section 5(1) of the Act).
(2) The authorisation must be in writing and specify
the relevant class or classes of high risk work to
which it applies.
(3) The Authority may impose on the authorisation
any terms or conditions that it considers necessary
to authorise a person to carry out assessments of
competency for the purposes of these Regulations.

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Part 4.1—Hazardous substances

Chapter 4—Hazardous substances

and materials
Part 4.1—Hazardous substances
Division 1—Introductory matters
140 Application of Part
(1) This Part does not apply to the following classes
of substance if the use of the substance is not
related to a work activity—
(a) food within the meaning of the Food
Act 1984;
(b) therapeutic goods within the meaning of
the Therapeutic Goods Act 1989 of the
Commonwealth;
(c) cosmetics;
(d) tobacco or products made of tobacco;
(e) toiletries and toilet products.
(2) This Part does not apply to—
(a) any culture or preparation of pathogenic
micro-organisms or other material capable
of causing disease in humans in relation to
which regulations may be made under
section 238(1)(u) of the Public Health and
Wellbeing Act 2008; or
(b) radioactive materials within the meaning of
the Radiation Act 2005; or
(c) asbestos.
(3) This Part applies to scheduled carcinogenic
substances.
(4) This Part does not apply to the transport of
hazardous substances.

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Division 2—Duties of manufacturers and suppliers

Subdivision 1—Introductory matters

141 Application of Division
(1) This Division applies to the manufacture and
supply of hazardous substances, including
hazardous substances containing—
(a) lead; or
(b) organic lead compounds.
Note
Supply includes supply of hazardous substances by an
importing supplier.
(2) In this Division, the duties of a manufacturer
only apply to the manufacture of a substance at
a workplace for sale or exchange to another
workplace.
(3) In this Division, the duties of a manufacturer or
a supplier do not apply in relation to a substance
that is produced as a waste—
(a) during the process of manufacturing a
substance; or
(b) when a substance is used at a workplace.
(4) Subregulation (3) does not apply if the waste is
produced for the purposes of sale or exchange to
another workplace.
142 Certain regulations not to apply
Subdivision 2 and regulations 144 and 149 do not
apply to a substance supplied to a workplace for
the purpose of determining whether the substance
is a hazardous substance.

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Subdivision 2—Determination of
hazardous substances
143 Determination of hazardous substances
(1) A manufacturer or an importing supplier of a
substance must determine whether a substance is a
hazardous substance before the substance is first
supplied to a workplace.
Notes
1 Act compliance—sections 29 and 30 (see regulation 7).
2 A manufacturer or importing supplier must refer to
the GHS, as modified by Schedule 7 in making this
determination—see the definition of hazardous
substance in regulation 5.
(2) Subregulation (1) does not apply to a substance if
a determination in relation to the substance has
already been made under equivalent legislation.

Subdivision 3—Safety data sheet

144 Preparation of a safety data sheet
(1) A manufacturer or an importing supplier of a
hazardous substance must prepare a safety data
sheet in accordance with regulation 145 before
the substance is first supplied to a workplace.
Note
Act compliance—sections 29 and 30 (see regulation 7).
(2) Subregulation (1) does not apply to a
manufacturer or an importing supplier who
has already prepared a safety data sheet for
the substance in accordance with equivalent
legislation.

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145 What must a safety data sheet contain?

(1) The safety data sheet for a hazardous substance
must contain the following—
(a) the product identifier and chemical identity
of the substance;
(b) the name, address and telephone number
of—
(i) the manufacturer of the substance in
Australia; or
(ii) the importing supplier of the substance
in Australia;
(c) an Australian telephone number where
information about the substance can be
obtained in an emergency;
(d) the date of preparation or last review of the
safety data sheet;
(e) the hazard identification for the substance
determined in accordance with the GHS;
(f) the hazard statement and precautionary
statement for the substance;
(g) composition of and information about
ingredients, in accordance with Schedule 8;
(h) first aid measures;
(i) fire fighting measures;
(j) accidental release measures;
(k) exposure controls, exposure standards
(if any), engineering controls and personal
protection information;
(l) information relating to handling and storage,
including how the substance may be safely
used;
(m) disposal considerations;

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(n) information relating to the physical and

chemical properties of the substance;
(o) stability and reactivity information;
(p) toxicological information, including health
effects.
(2) The safety data sheet must be in English and
legible.
(3) A manufacturer or importing supplier may prepare
a safety data sheet with the information required
by subregulation (1) in languages in addition to
English.
146 Review and revision of safety data sheet
(1) A manufacturer or an importing supplier of
a hazardous substance must review and, if
necessary, revise the safety data sheet for a
substance—
(a) as often as is necessary to ensure that
the safety data sheet contains current and
accurate information; and
(b) at least every 5 years.
Note
Act compliance—sections 29 and 30 (see regulation 7).
(2) Subregulation (1) does not apply if the
manufacturer or importing supplier of a
hazardous substance has not supplied the
hazardous substance to any person or any
premises for a period of 5 years since the safety
data sheet for the hazardous substance was
prepared or last revised.

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147 Duty to provide current safety data sheet

(1) A manufacturer or supplier of a hazardous
substance must ensure that a copy of the current
safety data sheet for the substance is provided—
(a) to any person to whom the substance is
supplied on or before the first occasion that
the substance is supplied to that person; and
(b) on request, to an employer who proposes to
use the hazardous substance at a workplace.
Notes
1 Act compliance—sections 29 and 30 (see regulation 7).
2 In subregulation (1), a reference to "supplier" includes
importing supplier.
(2) It is sufficient compliance with subregulation (1)
if one person with a duty under the subregulation
complies with the subregulation.
Example
If a manufacturer of a hazardous substance complies with
subregulation (1) in relation to a hazardous substance in a
circumstance to which subregulation (1) applies, a supplier
of the hazardous substance need not also comply in relation
to the hazardous substance in that circumstance.
(3) Subregulation (1) does not apply—
(a) to a retailer or a retail warehouse operator if
the hazardous substance is supplied in a
consumer package; or
(b) if the hazardous substance is supplied to the
fuel tank of a vehicle as fuel for the vehicle.
148 Duty to provide revised safety data sheet
(1) If the safety data sheet for a hazardous substance
is revised under regulation 146, a manufacturer or
supplier of the substance must ensure that a copy
of the revised safety data sheet is provided to any
person to whom the substance is supplied on or

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before the first occasion that the substance is

supplied to that person after the revision.
Notes
1 Act compliance—sections 29 and 30 (see regulation 7).
2 In subregulation (1), a reference to "supplier" includes
importing supplier.
(2) It is sufficient compliance with subregulation (1)
if one person with a duty under the subregulation
complies with the subregulation.
Example
If a manufacturer of a hazardous substance complies with
subregulation (1) in relation to a hazardous substance in a
circumstance to which subregulation (1) applies, a supplier
of the hazardous substance need not also comply in relation
to the hazardous substance in that circumstance.
(3) Subregulation (1) does not apply—
(a) to a retailer or a retail warehouse operator
if the hazardous substance is supplied in a
consumer package; or
(b) if the hazardous substance is supplied to the
fuel tank of a vehicle as fuel for the vehicle.

Subdivision 4—Labels
149 Manufacturers and importing suppliers must label
containers
(1) A manufacturer or an importing supplier of a
hazardous substance must correctly label any
container that contains a hazardous substance in
accordance with subregulations (3), (4) and (5)
before the substance is supplied to a workplace.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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(2) Subregulation (1) does not apply if a container

that contains a hazardous substance is supplied to
a workplace for the purposes of affixing the label
in order to comply with this regulation.
(3) Subject to subregulation (4), the label must
contain the following—
(a) the product identifier of the hazardous
substance;
(b) the name, address and telephone number
of—
(i) the manufacturer of the substance in
Australia; or
(ii) the importing supplier of the substance
in Australia;
(c) for each ingredient of the hazardous
substance—the identity and proportion
which must be disclosed in accordance with
Schedule 8;
(d) any hazard pictogram consistent with the
correct classification of the substance;
(e) any hazard statement, signal word and
precautionary statement consistent with the
correct classification of the substance.
(4) If a hazardous substance is packed in a container
that is too small for a label attached to it to include
all the information referred to in subregulation (3),
the label must contain the following—
(a) the product identifier of the hazardous
substance;
(b) the name, address and telephone number
of—
(i) the manufacturer of the substance in
Australia; or

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(ii) the importing supplier of the substance

in Australia;
(c) a hazard pictogram or hazard statement
consistent with the correct classification of
the substance;
(d) any other information referred to in
subregulation (3) that it is reasonably
practicable to include.
(5) The label must be in English, legible and firmly
secured to the container.
(6) A manufacturer or importing supplier may label a
container with the information required by this
regulation in languages in addition to English.
150 Recognition of other labelling systems
(1) A manufacturer or an importing supplier of a
hazardous substance need not comply with
regulation 149 if—
(a) the container is labelled in accordance with
equivalent legislation including, if required
under that equivalent legislation, the clear
and prominent display of signal words; or
(b) in the case of an agricultural or veterinary
chemical—
(i) the container is labelled in accordance
with the Agricultural Labelling Code
and the Veterinary Labelling Code of
the Australian Pesticides and
Veterinary Medicines Authority, as in
force from time to time; and
(ii) the label is in English and legible; and
(iii) the label is firmly secured to the
container; and

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(iv) the label includes any hazard statement

consistent with the correct classification
of the chemical; and
(v) the label includes any precautionary
statement consistent with the correct
classification of the chemical; or
(c) in the case of a substance that is
"therapeutic goods" within the meaning
of the Therapeutic Goods Act 1989 of the
Commonwealth, the container is labelled
in accordance with an order in force under
section 10 of the Therapeutic Goods
Act 1989 of the Commonwealth, as in
force at the time of labelling; or
(d) the substance is a poison or controlled
substance within the meaning of the Drugs,
Poisons and Controlled Substances
Act 1981 and the container is labelled in
accordance with the current Poisons
Standard as in force at the time of labelling
and—
(i) the container for the substance has its
original label; and
(ii) it is reasonably foreseeable that the
substance will be used at a workplace
only in—
(A) a quantity that is consistent with
household use; and
(B) a way that is consistent with
household use; and
(C) a way that is incidental to the
nature of the work carried out by
a person using the substance; or

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(e) the substance is—

(i) a veterinary chemical product within
the meaning of the Agvet Code; and
(ii) listed in—
(A) the current Poisons Standard,
Part 4, Schedule 4, if the
substance is packaged and
supplied in a form intended for
direct administration to an animal
for therapeutic purposes; or
(B) the current Poisons Standard,
Part 4, Schedule 8.
(2) Nothing in subregulation (1) requires a
manufacturer or importing supplier to label a
container with information that is the same, or
substantially the same, as any other information
required by that subregulation.
Example
If the Agricultural Labelling Code or the Veterinary
Labelling Code requires the inclusion of statements for
particular substances that are the same, or substantially the
same, as the hazard and precautionary statements required
under the GHS for those substances then a manufacturer or
importing supplier does not need to include duplicate
statements under subregulation (1)(b)(iv) or (v).
(3) A manufacturer or importing supplier may label
a container with the information required by this
regulation in languages in addition to English.
(4) In this regulation—
agricultural or veterinary chemical means an
agricultural chemical product or veterinary
chemical product within the meaning of the
Agricultural and Veterinary Chemicals Code
Act 1994 of the Commonwealth;

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Agvet Code has the same meaning as in the

Agricultural and Veterinary Chemicals Code
Act 1994 of the Commonwealth;
current Poisons Standard has the same meaning
as in the Therapeutic Goods Act 1989 of the
Commonwealth.
151 Supplier must ensure container is labelled
A supplier (other than an importing supplier)
of a hazardous substance must ensure that the
container in which the substance is supplied to a
workplace is labelled with the manufacturer's or
the importing supplier's label.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
152 Disclosure of chemical identity to registered medical
practitioner
A manufacturer or an importing supplier of a
hazardous substance must immediately disclose
the chemical identity of an ingredient of a
hazardous substance to a registered medical
practitioner if—
(a) the safety data sheet for the substance, or the
label on the container in which the substance
is supplied, does not disclose the chemical
identity of the ingredient; and
(b) the registered medical practitioner requests
the chemical identity of the ingredient to
assist with the management of a patient.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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Division 3—Duties of employers and

self-employed persons
Subdivision 1—Prohibited hazardous substances
153 Prohibited hazardous substances
(1) A person who is an employer or self-employed
person must ensure that any hazardous substance
listed in Schedule 6 to these Regulations is not
used at the person's workplace for any purpose
specified in that Schedule.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) A person who is an employer or self-employed
person must ensure that any hazardous substance
determined to be a prohibited substance by the
Authority under regulation 6 is not used at the
person's workplace for any purpose specified in
that determination.
Notes
1 Act compliance—sections 21, 23 and 24
(see regulation 7).
2 If the Authority makes a determination it must publish
a notice in the Government Gazette and a newspaper
circulating generally throughout Victoria and it must
make a copy of the determination available for
inspection. See regulation 6.

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Subdivision 2—Duties of employers

154 Application of Subdivision
(1) Subject to subregulation (3), this Subdivision
applies to—
(a) substances that have been determined
under regulation 143 or under equivalent
legislation to be hazardous substances and
are supplied to a workplace; and
(b) welding fumes, grain dust, wood dust, silica
dust (including from grinding or cutting
silica-containing materials) and lead dust
(including from the hand sanding of lead
paint) produced or generated at a workplace;
and
(c) any other substance, in the circumstances
(if any), determined by the Authority under
regulation 6(1)(i).
Note
An employer is not required to comply with Division 2
(Duties of manufacturers and suppliers) in relation to
a hazardous substance produced or generated at the
employer's workplace unless it is produced or generated
through production of a substance for sale or exchange
to another workplace. See regulation 141.
(2) Subject to subregulation (3), this Subdivision does
not apply to lead metal, lead alloys or inorganic
lead compounds (including lead salts of organic
acids) in a prescribed lead process under Part 4.3
(Lead), at a workplace.
Note
The use of organic lead compounds, including tetraethyl
lead, is covered by this Part and not Part 4.3 (Lead).

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Reg. 154(3) (3) Regulations 155 to 160 and 162—

amended by
S.R. No. (a) apply to lead metal, lead alloys or inorganic
71/2018 reg. 6. lead compounds (including lead salts of
organic acids) in a prescribed lead process
under Part 4.3 (Lead), at a workplace; and
(b) do not apply to the substances referred to in
subregulation (1)(b).
(4) In this Subdivision, a reference to a risk
associated with a hazardous substance at a
workplace includes a risk associated with—
(a) any consequential product, waste or
intermediate product generated at a
workplace from a supplied hazardous
substance; and
(b) any substance referred to in subregulation
(1)(b) or (c).
155 Safety data sheet to be obtained
An employer must obtain a current safety data
sheet on or before the first supply of a hazardous
substance to the employer's workplace.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
156 Safety data sheet must be readily accessible
(1) An employer must ensure that the current safety
data sheet for a hazardous substance is readily
accessible to any employee who may be exposed
to the substance.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) An employer may make the current safety data
sheet accessible to employees in appropriate
languages in addition to English.

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157 Information in safety data sheet must not be altered

An employer must ensure that the information
in a current safety data sheet obtained under
regulation 155 is not altered.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
158 Containers must be labelled
(1) An employer must ensure that a container in
which a hazardous substance is supplied to the
employer's workplace is labelled with the
manufacturer's or the importing supplier's label.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) An employer must ensure that the label on a
container in which a hazardous substance is
supplied to the employer's workplace—
(a) remains legible; and
(b) is not removed, defaced or altered.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(3) If a hazardous substance is decanted into a
container at an employer's workplace, the
employer—
(a) must ensure the container is clearly labelled
with the product identifier of the substance;
or
(b) if it is not reasonably practicable to label the
container with the product identifier of the
substance, must use another means of
identifying the substance.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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(4) Subregulation (3) does not apply if a decanted

substance is consumed immediately and the
container is then immediately—
(a) cleaned to the extent that it is not a risk to
health; or
(b) neutralised, cured or chemically deactivated
to the extent that any residue is not a risk to
health.
159 How long must a container be labelled?
If a container that contains a hazardous substance
is required to be labelled under regulation 158, the
employer must ensure that the container remains
labelled until—
(a) it has been cleaned to the extent that it is not
a risk to health; or
(b) its contents have been neutralised, cured or
chemically deactivated to the extent that any
residue is not a risk to health.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
160 Identification of hazardous substances in plant
An employer must ensure that a hazardous
substance contained in a pipe, piping system,
process vessel, reactor vessel or any plant that
forms part of a manufacturing process is identified
to employees who may be exposed to the
substance.
Note
Act compliance—sections 21 and 23 (see regulation 7).

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161 Identification of containers of waste

An employer must ensure that containers of
waste produced or generated at a workplace from
a hazardous substance are identified.
Notes
1 Act compliance—sections 21 and 23 (see regulation 7).
2 An employer is not required to comply with Division 2 in
relation to the waste unless the waste is produced for sale or
exchange for use at another workplace. See regulation 141.
162 Register of hazardous substances
(1) An employer must ensure that a register is
prepared and maintained in accordance with
subregulation (2) of all hazardous substances
supplied to the employer's workplace.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) The register must contain—
(a) a list of the product identifiers of the
hazardous substances supplied to the
employer's workplace; and
(b) a copy of the safety data sheet for each of
the hazardous substances supplied to the
employer's workplace.
(3) An employer must ensure that the register is
readily accessible to any employee who may be
exposed to a hazardous substance at the
employer's workplace.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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(4) Subregulation (1) does not apply to an employer

who is a retailer or a retail warehouse operator
if—
(a) the hazardous substance is supplied in a
consumer package; and
(b) the consumer package is intended for retail
sale; and
(c) the consumer package is not intended to be
opened on the premises of the retailer or
retail warehouse operator.
Note
This regulation does not exempt an employer who is a
retailer or retail warehouse operator from the duty under—
(a) regulation 155 to obtain a safety data sheet for each
hazardous substance used in the employer's workplace
or intended for retail sale; or
(b) subregulation (1) to prepare and maintain a register in
relation to each hazardous substance opened on the
premises of the employer's workplace.
163 Control of risk
(1) An employer must, so far as is reasonably
practicable, eliminate any risk associated with
hazardous substances at the employer's workplace.
(2) If it is not reasonably practicable to eliminate a
risk associated with hazardous substances at the
employer's workplace, the employer must reduce
the risk so far as is reasonably practicable by—
(a) substituting the substance with—
(i) a substance that is less hazardous; or
(ii) a less hazardous form of the substance;
or
(b) isolating the source of exposure to the
hazardous substance; or
(c) using engineering controls; or

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(d) combining any of the risk control measures

referred to in paragraphs (a), (b) and (c).
(3) If the employer has complied with subregulations
(1) and (2) so far as is reasonably practicable and
a risk associated with a hazardous substance at the
workplace remains, the employer must reduce the
risk so far as is reasonably practicable by using
administrative controls.
(4) If the employer has complied with subregulations
(1), (2) and (3) so far as is reasonably practicable
and a risk associated with a hazardous substance
at the workplace remains, the employer must
reduce the risk so far as is reasonably practicable
by providing appropriate personal protective
equipment to employees at risk.
Notes
1 Act compliance—section 21 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to consult
with employees, including in respect of making decisions
about the measures to be taken to control risks to health or
safety. This consultation must involve the health and safety
representative (if any). See also regulation 21.
164 Review of risk control measures
(1) An employer must review and, if necessary,
revise any measures implemented to control risks
associated with hazardous substances at the
workplace—
(a) before any alteration is made to systems
of work that is likely to result in changes to
risks associated with hazardous substances at
the workplace; or
(b) if the employer receives advice from a
registered medical practitioner under
regulation 169(2)(c)(i) that adverse health
effects have been identified by the health
monitoring; or

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(c) after any incident occurs to which Part 5 of

the Act applies that involves a hazardous
substance at the workplace; or
(d) if, for any other reason, the risk control
measures do not adequately control the risks;
or
(e) after receiving a request from a health and
safety representative.
Note
Act compliance—sections 21 and 23 (see regulation 7).
(2) A health and safety representative may make a
request under subregulation (1)(e) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulation (1)(a) to (d) exist; or
(b) the employer has failed—
(i) to properly review the risk control
measures; or
(ii) to take account of any of the
circumstances referred to in
subregulation (1)(a) to (d) in
conducting a review of or revising
the risk control measures.
165 Exposure standard must not be exceeded
An employer must ensure that an employee is
not exposed to an atmospheric concentration of a
hazardous substance supplied to or generated at
the workplace above the exposure standard
(if any) for the substance or any of its ingredients.
Note
Act compliance—section 21 (see regulation 7).

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166 Atmospheric monitoring

(1) An employer must ensure that atmospheric
monitoring is carried out in relation to a hazardous
substance supplied to or generated at the
employer's workplace if there is an exposure
standard for the hazardous substance or any of its
ingredients and—
(a) there is uncertainty (based on reasonable
grounds) as to whether the exposure standard
is or may be exceeded; or
(b) atmospheric monitoring is necessary to
determine whether there is a risk to health.
Note
Act compliance—section 22(1) (see regulation 7).
(2) Subregulation (1) does not apply to a hazardous
substance if health monitoring is required for the
substance under regulation 169 and the health
monitoring includes biological monitoring.
167 Provision of results of atmospheric monitoring
An employer must provide the results of any
atmospheric monitoring at the employer's
workplace as soon as reasonably possible to any
employee who has been, or who may be, exposed
to the hazardous substance that is the subject of
the monitoring.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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168 Records of atmospheric monitoring

(1) An employer must keep a record of the results of
atmospheric monitoring for—
(a) a period (not exceeding 30 years) that is
determined by the Authority; or
(b) 30 years, if no period has been determined
by the Authority.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) In determining a period for the purposes of
subregulation (1)(a), the Authority may specify
different periods for different hazardous
substances or different classes of hazardous
substances.
(3) An employer must ensure that the record of
atmospheric monitoring is readily accessible to
any employee who has been, or may be, exposed
to the hazardous substance that is the subject of
the monitoring.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
169 Health monitoring
(1) An employer must ensure that health monitoring
is carried out for an employee if—
(a) the employee is exposed to any hazardous
substance—
(i) listed in column 2 of Tables 1 or 2 of
Schedule 9; or
(ii) determined by the Authority to be a
hazardous substance for which health
monitoring is required; and

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(b) the exposure of the employee to the

hazardous substance is reasonably likely to
have an adverse effect on the employee's
health under the particular conditions of
work at the workplace.
Notes
1 Act compliance—section 22 (see regulation 7).
2 The purpose of the health monitoring is to monitor
the employee's health for the purpose of identifying
changes in the employee's health status due to
occupational exposure to a hazardous substance.
(2) The employer must ensure—
(a) that the health monitoring is carried out
under the supervision of a registered medical
practitioner; and
(b) that a report of the health monitoring
is prepared by the registered medical
practitioner and a copy of the report is
given to the employer; and
(c) that the health monitoring report includes
(if relevant)—
(i) any indications of adverse health
effects identified by the registered
medical practitioner that may be
attributed to the hazardous substance;
and
(ii) any recommendations relating to the
need for the employer to take measures
to ensure that the employee is not
exposed to the substance for a specified
period; and
(iii) an interpretation of the results of
the health monitoring, including a
statement of the registered medical
practitioner's opinion as to whether the

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employee should continue working

with the hazardous substance.
Note
Act compliance—section 22(1) (see regulation 7).
170 Copy of report to Authority
If an employer receives recommendations under
regulation 169(2)(c)(ii), the employer must give a
copy of the health monitoring report to the
Authority.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
171 Records of health monitoring
(1) An employer must keep any health monitoring
report given to the employer under
regulation 169(2) for—
(a) a period (not exceeding 30 years) that is
determined by the Authority; or
(b) if no period has been determined by the
Authority, 30 years.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) In specifying a period for the purposes of
subregulation (1)(a), the Authority may specify
different periods for different hazardous
substances or different classes of hazardous
substances.

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Part 4.2—Scheduled carcinogenic substances

Part 4.2—Scheduled carcinogenic substances

172 Application of Part
This Part applies to scheduled carcinogenic
substances in addition to Part 4.1 (Hazardous
substances).
173 Supply of scheduled carcinogenic substances
(1) A supplier of a scheduled carcinogenic substance
must not supply the substance to a person who
does not hold a carcinogens licence relating to the
substance.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) A supplier of a scheduled carcinogenic substance
must—
(a) record the name and address of any person to
whom a scheduled carcinogenic substance is
supplied and the name and quantity of the
substance supplied; and
(b) obtain a copy of the relevant carcinogens
licence held by the person to whom a
scheduled carcinogenic substance is
supplied.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) The supplier must keep the record of supply and
the copy of the carcinogens licence for at least
5 years.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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174 Requirement to hold carcinogens licence

(1) A person must not perform work or carry out an
activity involving a Schedule 10 carcinogenic
substance at a workplace unless—
(a) the workplace is a laboratory; and
(b) the person—
(i) holds a licence to use a Schedule 10
carcinogenic substance at that
laboratory issued under Part 6.1
(Licences); or
(ii) is an employee of a holder of such a
licence.
Note
See section 40(4) of the Act.
(2) A person must not perform work or carry out an
activity involving a Schedule 11 carcinogenic
substance at a workplace that is a laboratory
unless the person—
(a) holds a licence to use a Schedule 11
carcinogenic substance at that laboratory
issued under Part 6.1 (Licences); or
(b) is an employee of a holder of such a licence.
Note
See section 40(4) of the Act.
(3) A person must not perform work or carry out an
activity involving a Schedule 11 carcinogenic
substance at a workplace other than a laboratory
unless the person—
(a) holds a licence to use a Schedule 11
carcinogenic substance at that workplace
issued under Part 6.1 (Licences); or

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(b) is an employee of a holder of such a licence.

Note
See section 40(4) of the Act.
(4) Despite anything to the contrary in this regulation,
a carcinogens licence is not required by a supplier
of a scheduled carcinogenic substance if the
substance is in a sealed container that is not
intended to be opened at the supplier's premises.
175 Records
(1) An employer must ensure a record is made in
accordance with subregulation (2) of each person
who works with a scheduled carcinogenic
substance at the employer's workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The record must contain the following—
(a) the person's full name;
(b) the person's date of birth;
(c) the person's residential address during
the period that the person works with the
scheduled carcinogenic substance;
(d) the name of each scheduled carcinogenic
substance that the person works with;
(e) the period during which the person works
with each of the scheduled carcinogenic
substances.

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(3) The employer must keep the record made under

subregulation (1) in relation to a person for
30 years from the date on which the person last
worked with a scheduled carcinogenic substance
at the employer's workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
176 Statement of work with scheduled carcinogenic
substance
(1) This regulation applies if a person has worked
with a scheduled carcinogenic substance at an
employer's workplace.
(2) The employer must give the person a written
statement in accordance with subregulation (3)
when the person ceases to work at the workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) The written statement must contain the
following—
(a) the name of any scheduled carcinogenic
substance that the person worked with at the
employer's workplace;
(b) the period during which the person worked
with the scheduled carcinogenic substance;
(c) details of how and where records kept under
regulation 175 may be obtained;
(d) a statement advising the person to have
periodical health assessments and details of
the types of tests that are relevant.

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Part 4.3—Lead

Part 4.3—Lead
Division 1—Introductory matters
177 Application of Part
This Part applies to workplaces where a lead
process is carried out.
Note
Part 4.1 (Hazardous substances) also imposes duties on employers
in relation to labelling and safety data sheets.
178 What is a lead process?
A lead process consists of one or more of the
following—
(a) work that exposes a person to lead dust or
lead fumes arising from the manufacture or
handling of dry lead compounds;
(b) work in connection with the manufacture,
assembly, handling or repair of, or parts of,
batteries containing lead that involves the
manipulation of dry lead compounds or the
pasting or casting of lead;
(c) breaking up or dismantling of batteries
containing lead, or sorting, packing and
handling of plates or other parts containing
lead removed or recovered from those
batteries;
(d) spraying with molten lead metal or alloys
containing more than 5% by weight of lead
metal;
(e) melting or casting of lead alloys containing
more than 5% by weight of lead metal in
which the temperature of the molten material
exceeds 450ºC;

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(f) recovery of lead from its ores, oxides or

other compounds by a thermal reduction
process;
(g) dry machine grinding, discing, buffing or
cutting by power tools of lead containing
more than 5% by weight of lead metal;
(h) machine sanding or buffing of surfaces
coated with paint containing more than 1%
by dry weight of lead metal;
(i) a process in which electric arc,
oxy-acetylene, oxy gas, plasma arc or a
flame is applied, for the purposes of welding,
cutting or cleaning, to the surface of metal
that is coated with lead or paint containing
more than 1% by dry weight of lead metal;
(j) radiator repairs if exposure to lead dust or
lead fumes may occur;
(k) fire assays, if lead is used;
(l) hand grinding and finishing of lead or alloy
containing more than 50% by weight of lead
metal;
(m) spray painting with lead paint containing
more than 1% by dry weight of elemental
lead;
(n) melting of lead metal or alloy containing
more than 50% by weight of lead metal
if the exposed surface area of the molten
material is more than 01 square metres and
the temperature of the molten material does
not exceed 450ºC;
(o) use of a power tool, including abrasive
blasting and high pressure water jets, to
remove any surface coated with paint
containing more than 1% by dry weight

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of lead metal and the handling of waste

containing lead resulting from that removal;
(p) a process that exposes a person to lead dust
or lead fumes arising from the manufacture
or testing of detonators or other explosives
that contain lead;
(q) a process that exposes a person to lead dust
or lead fumes arising from the firing of
weapons at an indoor firing range;
(r) foundry processes involving—
(i) the melting or casting of lead alloys
containing more than 1% by weight of
lead metal in which the temperature of
the molten material exceeds 450ºC; or
(ii) the dry machine grinding, discing,
buffing or cutting by power tools of
lead alloys containing more than 1%
by weight of lead metal;
(s) a process at a workplace determined by the
Authority under regulation 180 to be a lead
process.
179 Women treated as being of reproductive capacity
For the purposes of this Part, a female employee
engaged in a lead process is to be treated as being
of reproductive capacity, unless she provides her
employer with a written statement advising the
contrary.
180 Authority may determine lead process
(1) The Authority may determine a process to be a
lead process.
(2) The Authority must not determine a process to
be a lead process unless the Authority forms
the opinion that the health of employees at a
workplace where the process is to be carried out

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is at risk when blood lead levels of employees or

airborne lead levels at the workplace are taken
into account.
Note
A determination under this regulation is a reviewable decision
(see regulation 524(a)).
181 Medical examinations and biological monitoring
(1) In this Part, a requirement for a medical
examination of a person is a requirement for
a medical examination of the person to be
conducted by a registered medical practitioner to
monitor the person's health for the purpose of
identifying changes in the person's health status
due to occupational exposure to lead.
(2) In this Part, a requirement for biological
monitoring of a person is a requirement
for biological monitoring that consists of the
testing of the venous blood of the person by a
pathology service accredited by NATA under the
supervision of a registered medical practitioner to
determine the amount of lead in the blood.

Division 2—Duties of employers

Subdivision 1—Provision of information
182 Information to job applicants
An employer must ensure that an applicant who
applies for employment with the employer in a
lead process is given information about the health
risks and toxic effects associated with lead
exposure and the need for, and details of, medical
examinations and biological monitoring.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.

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183 Information to employees

Before an employee first starts work in a lead
process over which an employer has control,
the employer must ensure the employee is given
information in relation to the need for, and details
of, medical examinations and biological
monitoring.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

Subdivision 2—Control of risks associated

with lead processes
184 Control of risk
(1) An employer must, so far as is reasonably
practicable, eliminate any risk associated with
exposure to lead.
(2) If it is not reasonably practicable to eliminate
a risk associated with exposure to lead, the
employer must reduce the risk so far as is
reasonably practicable by—
(a) substituting lead with—
(i) a substance that is less hazardous; or
(ii) a less hazardous form of lead; or
(b) isolating the source of exposure to lead; or
(c) using engineering controls to reduce
exposure to lead; or
(d) combining any of the risk control measures
referred to in paragraphs (a), (b) and (c).

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(3) If the employer has complied with subregulations

(1) and (2) so far as is reasonably practicable and
a risk associated with exposure to lead remains,
the employer must prevent or reduce exposure to
lead so far as is reasonably practicable by using
administrative controls.
(4) If the employer has complied with subregulations
(1), (2) and (3) so far as is reasonably practicable
and a risk associated with exposure to lead
remains, the employer must reduce the risk so
far as is reasonably practicable by providing
appropriate personal protective equipment to
employees at risk.
Notes
1 Act compliance—sections 21 and 23 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to consult
with employees, including in respect of making decisions
about the measures to be taken to control risks to health or
safety. This consultation must involve the health and safety
representative (if any). See also regulation 21.
185 Review of risk control measures
(1) An employer must review and, if necessary,
revise any measures implemented to control risks
associated with exposure to lead—
(a) before any significant change is made to
the lead process or a system of work that is
related to the lead process; or
(b) if an employee has been removed from
lead-risk work under regulation 199; or
(c) after any incident occurs to which Part 5 of
the Act applies that involves exposure to
lead; or
(d) if, for any other reason, the risk control
measures do not adequately control the risks;
or

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(e) after receiving a request from a health and

safety representative.
Note
Act compliance—sections 21 and 23 (see regulation 7).
(2) A health and safety representative may make a
request under subregulation (1)(e) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulation (1)(a) to (d) exist; or
(b) the employer has failed—
(i) to properly review the risk control
measures; or
(ii) to take account of any of the
circumstances referred to in
subregulation (1)(a) to (d) in
conducting a review of, or revising,
the risk control measures.
186 Lead exposure standard not to be exceeded
(1) Subject to subregulation (1A), an employer must Reg. 186(1)
amended by
ensure that an employee is not exposed to an S.R. No.
airborne concentration of lead dust, lead mist or 71/2018
reg. 7(1).
lead fumes in the employee's breathing zone at a
workplace that exceeds 0·15 milligrams per cubic
metre calculated as a time weighted average of the
atmospheric concentration of lead over an 8-hour
working day and a 40-hour working week.
Note
Act compliance—section 21 (see regulation 7).
(1A) On and from the date that is the 2-year Reg. 186(1A)
inserted by
anniversary of the commencement of the S.R. No.
Occupational Health and Safety Amendment 71/2018
reg. 7(2).
Regulations 2018, an employer must ensure
that an employee is not exposed to an airborne

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concentration of lead dust, lead mist or lead

fumes in the employee's breathing zone at a
workplace that exceeds 0·05 milligrams per
cubic metre calculated as a time weighted
average of the atmospheric concentration of
lead over an 8-hour working day and a 40-hour
working week.
Note
Act compliance—section 21 (see regulation 7).
(2) An employer must monitor the airborne
concentration of lead dust, lead mist or lead
fumes at the employer's workplace if—
(a) there is uncertainty (based on reasonable
grounds) as to whether the lead exposure
standard is or may be exceeded; or
(b) the monitoring is necessary to determine
whether there is a risk to health.
Note
Act compliance—section 22(1) (see regulation 7).
187 Provision of results of monitoring
An employer must provide the results of any
monitoring of the airborne concentration of lead
dust, lead mist or lead fumes at the employer's
workplace as soon as reasonably possible to any
employee who has been, or may be, exposed to
the lead dust, lead mist or lead fumes.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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188 Containment of lead

An employer must ensure, so far as is reasonably
practicable, that any lead contamination is
confined to the area where a lead process is
undertaken.
Note
Act compliance—sections 21 and 23 (see regulation 7).
189 Cleaning methods
(1) An employer must ensure, so far as is reasonably
practicable, that an area where a lead process is
undertaken is kept clean.
Note
Act compliance—sections 21 and 23 (see regulation 7).
(2) An employer must ensure, so far as is reasonably
practicable, that the methods used to clean in an
area where a lead process is undertaken—
(a) do not create a risk to the health of persons
in the immediate vicinity of the area being
cleaned; and
(b) do not have the potential to spread the lead
contamination.
Note
Act compliance—sections 21 and 23 (see regulation 7).
190 Prohibition on eating, drinking and smoking
(1) An employer must ensure that a person does not
do the following in any area where a lead process
is undertaken—
(a) eat, drink, chew gum or smoke;
(b) carry food, drink, gum or materials used for
smoking.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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(2) An employer must, so far as is reasonably

practicable, provide employees with an eating and
drinking area that cannot be contaminated with
lead from any lead process.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
191 Provision of changing and washing facilities
An employer must, so far as is reasonably
practicable, provide and maintain changing and
washing facilities for employees so as to—
(a) minimise secondary lead exposure from
contaminated clothing; and
(b) minimise ingestion of lead; and
(c) avoid the spread of lead contamination.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
192 Laundering, disposal and removal of protective
clothing
(1) An employer must provide for the laundering or
disposal of protective clothing and work clothing
if it is reasonably likely that the clothing is
contaminated with lead dust.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) The employer must ensure that a person does
not remove clothing required to be laundered or
disposed of under subregulation (1) from the
workplace, except to transfer the clothing to a
commercial laundry or for disposal.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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(3) The employer must ensure that clothing to be

laundered or disposed of under subregulation (1),
is bagged and labelled to indicate that the contents
may be contaminated.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

Subdivision 3—Lead-risk work

193 What is lead-risk work? Reg. 193
substituted by
(1) Subject to subregulation (2), in this Part, S.R. No.
lead-risk work means work performed in 71/2018 reg. 8.

a lead process that is reasonably likely to

cause the blood lead level of the employee
to exceed—
(a) for a woman of reproductive
capacity, 0·48 micromoles/litre
(10 micrograms/decilitre); or
(b) in any other case, 1·45 micromoles/
litre (30 micrograms/decilitre).
(2) On and from the date that is the 2-year
anniversary of the commencement of the
Occupational Health and Safety Amendment
Regulations 2018, in this Part, lead-risk work
means work performed in a lead process that
is reasonably likely to cause the blood lead
level of the employee to exceed—
(a) for a woman of reproductive
capacity, 0·24 micromoles/litre
(5 micrograms/decilitre); or
(b) in any other case, 0·97 micromoles/
litre (20 micrograms/decilitre).

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194 Identification of lead-risk work

(1) An employer must identify a lead process as
either—
(a) reasonably likely to cause blood lead levels
of employees to exceed those set out in
regulation 193; or
(b) not reasonably likely to cause blood lead
levels of employees to exceed those set out
in regulation 193.
Note
Act compliance—section 21 (see regulation 7).
(2) For the purposes of subregulation (1), the
employer must take into account the following—
(a) past biological monitoring results of
employees;
(b) whether the airborne lead level is more than
half the lead exposure standard;
(c) the form of lead to be used;
(d) the specific tasks or processes required to be
undertaken with the lead;
(e) the likely frequency and duration of
exposure to lead;
(f) possible routes of exposure to lead;
(g) any information about incidents, illnesses or
diseases associated with the use of lead at the
workplace.
(3) For the purpose of identifying a lead process
under subregulation (1), an employer must not
take into account the effect of the use of personal
protective equipment to control exposure to lead.

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(4) If an employer is unable to identify whether or

not a lead process is a lead process referred to in
subregulation (1)(a) or (b), the process is to be
treated as being reasonably likely to cause blood
lead levels of employees to exceed those set out in
regulation 193 until the employer establishes
otherwise.
195 Notice and recording of lead-risk work
(1) An employer who identifies a lead process that
is reasonably likely to cause blood lead levels of
employees to exceed those set out in regulation
193 must notify the Authority of the identification
in writing within 7 days after making the
identification.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) A notice under subregulation (1) must include
a reference to the type of lead process being
undertaken.
(3) The employer must keep a copy of a notice
under subregulation (1) for the period that the
lead process is undertaken at the workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(4) The employer must make a copy of the notice
required under subregulation (1) readily accessible
to an employee who may be exposed to lead
and the employee's relevant health and safety
representative for the period that the lead process
is undertaken at the workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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196 Health monitoring before first starting lead-risk

work
(1) An employer must arrange for a medical
examination for an employee and biological
monitoring of an employee before the employee
first starts lead-risk work.
Notes
1 Act compliance—section 22(1) (see regulation 7).
2 See regulation 181.
(2) An employer must arrange for the biological
monitoring of an employee to be conducted within
one month after the employee starts lead-risk
work.
Notes
1 Act compliance—section 22(1) (see regulation 7).
2 See regulation 181.
(3) In this regulation the duties of an employer in
relation to medical examination and biological
monitoring extend to an independent contractor.
Note
Act compliance—section 23 (see regulation 7).
197 Health monitoring for work subsequently identified
as lead-risk work
(1) An employer must, as soon as reasonably possible
after work is identified as lead-risk work, arrange
for a registered medical practitioner to conduct a
medical examination and biological monitoring of
an employee engaged in that work if—
(a) the work was not identified as lead-risk work
at the time the employee was first engaged in
the work; and
(b) after the employee was engaged in the work,
the work is identified as lead-risk work; and

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(c) the employer had not, before the

identification of the work as lead-risk work,
provided for a medical examination or
biological monitoring of the employee.
Notes
1 Act compliance—section 22(1) (see regulation 7).
2 See regulation 181.
(2) In this regulation the duties of an employer in
relation to medical examinations and biological
monitoring extend to an independent contractor.
Note
Act compliance—section 23 (see regulation 7).
198 Frequency of biological monitoring
(1) Subject to subregulation (1A), an employer must Reg. 198(1)
amended by
arrange for biological monitoring of all employees S.R. No.
engaged in lead-risk work at the following 71/2018
reg. 9(1).
intervals—
(a) for a woman not of reproductive capacity or
a man—
(i) 6 months after the last biological
monitoring if the result of the last
monitoring shows a blood lead level
of less than 1·45 micromoles/litre
(30 micrograms/decilitre); or
(ii) 3 months after the last biological
monitoring if the result of the last
monitoring shows a blood lead
level of 1·45 micromoles/litre
(30 micrograms/decilitre) or more
but less than 1·93 micromoles/litre
(40 micrograms/decilitre); or
(iii) 6 weeks after the last biological
monitoring if the result of the last
monitoring shows a blood lead

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level of 1·93 micromoles/litre

(40 micrograms/decilitre) or more;
(b) for a woman of reproductive capacity—
(i) 3 months after the last biological
monitoring if the result of the last
monitoring shows a blood lead level
of less than 0·48 micromoles/litre
(10 micrograms/decilitre); or
(ii) 6 weeks after the last biological
monitoring if the result of the last
monitoring shows a blood lead
level of 0·48 micromoles/litre
(10 micrograms/decilitre) or more.
Notes
1 Act compliance—section 22(1) (see regulation 7).
2 See regulation 181.
Reg. 198(1A) (1A) On and from the date that is the 2-year
inserted by
S.R. No. anniversary of the commencement of the
71/2018 Occupational Health and Safety Amendment
reg. 9(2).
Regulations 2018, an employer must arrange
for biological monitoring of all employees
engaged in lead-risk work at the following
intervals—
(a) for a woman not of reproductive capacity or
a man—
(i) 6 months after the last biological
monitoring if the result of the
last monitoring shows a blood lead
level of less than 0·48 micromoles/
litre (10 micrograms/decilitre); or
(ii) 3 months after the last biological
monitoring if the result of the last
monitoring shows a blood lead
level of 0·48 micromoles/litre
(10 micrograms/decilitre) or more

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but less than 0·97 micromoles/litre

(20 micrograms/decilitre); or
(iii) 6 weeks after the last biological
monitoring if the result of the last
monitoring shows a blood lead
level of 0·97 micromoles/litre
(20 micrograms/decilitre) or more;
(b) for a woman of reproductive capacity—
(i) 3 months after the last biological
monitoring if the result of the
last monitoring shows a blood lead
level of less than 0·24 micromoles/
litre (5 micrograms/decilitre); or
(ii) 6 weeks after the last biological
monitoring if the result of the last
monitoring shows a blood lead
level of 0·24 micromoles/litre
(5 micrograms/decilitre) or more
but less than 0·48 micromoles/
litre (10 micrograms/decilitre).
Notes
1 Act compliance—section 22(1) (see regulation 7).
2 See regulation 181.
(2) An employer must increase the frequency of
biological monitoring if the employee is carrying
out an activity that is reasonably likely to
significantly change the nature or increase the
duration or frequency of the employee's lead
exposure.
Note
Act compliance—section 22(1) (see regulation 7).
(3) The Authority may determine a different
frequency for biological monitoring for a
workplace or for a class of employees
performing lead-risk work, having regard to—

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(a) the nature of the work and likely duration

and frequency of exposure; and
(b) the likelihood that the blood lead level of
employees will significantly increase.
Reg. 198(4) (4) If the Authority makes a determination under
amended by
S.R. No. subregulation (3), and the determination applies
71/2018 to an employer's workplace or employees, the
reg. 9(3).
employer must provide the biological monitoring
required by subregulation (1) or (1A) in relation
to the workplace or employees at the frequency
specified in the determination.
Note
Act compliance—section 22(1) (see regulation 7).
(5) In this regulation the duties of an employer in
relation to biological monitoring extend to an
independent contractor.
Note
Act compliance—section 23 (see regulation 7).
199 Removal from lead-risk work
Reg. 199(1) (1) Subject to subregulation (1A), an employer must
amended by
S.R. No. immediately remove an employee from lead-risk
71/2018 work if—
reg. 10(1).
(a) the results of biological monitoring reveal
that the blood lead level of the employee is at
or exceeding—
(i) for a woman not of
reproductive capacity or a
man, 2·41 micromoles/litre
(50 micrograms/decilitre); or
(ii) for a woman of reproductive
capacity, 0·97 micromoles/litre
(20 micrograms/decilitre); or

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(iii) for a woman who is pregnant or

breastfeeding, 0·72 micromoles/litre
(15 micrograms/decilitre); or
(b) following a medical examination by a
registered medical practitioner, the
practitioner is of the opinion that the
employee must be removed from the
work; or
(c) there is an indication that risk control
measures have failed and, as a result, it
is likely that the blood lead level of the
employee will reach or exceed the levels
set out in paragraph (a).
Note
Act compliance—section 21 (see regulation 7).
(1A) On and from the date that is the 2-year Reg. 199(1A)
inserted by
anniversary of the commencement of the S.R. No.
Occupational Health and Safety Amendment 71/2018
reg. 10(2).
Regulations 2018, an employer must immediately
remove an employee from lead-risk work if—
(a) the results of biological monitoring reveal
that the blood lead level of the employee is
at or exceeding—
(i) for a woman not of
reproductive capacity or a
man, 1·45 micromoles/litre
(30 micrograms/decilitre); or
(ii) for a woman of reproductive
capacity, 0·48 micromoles/litre
(10 micrograms/decilitre); or
(b) following a medical examination by
a registered medical practitioner, the
practitioner is of the opinion that the
employee must be removed from the
work; or

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(c) there is an indication that risk control

measures have failed and, as a result, it is
likely that the blood lead level of the
employee will reach or exceed the levels set
out in paragraph (a).
Note
Act compliance—section 21 (see regulation 7).
(2) In this regulation the duties of an employer in
relation to removal of an employee from lead-risk
work extend to an independent contractor.
Note
Act compliance—section 23 (see regulation 7).
200 Medical examination if removed from lead-risk
work
Reg. 200(1) (1) If an employee has been removed from lead-risk
amended by
S.R. No. work under regulation 199(1)(a) or (c), or
71/2018 regulation 199(1A)(a) or (c), the employer must
reg. 11(1).
provide for the employee to have a medical
examination by a registered medical practitioner
within 7 days after the removal.
Note
Act compliance—section 22(1) (see regulation 7).
Reg. 200(2) (2) Subject to subregulation (3), if a medical
amended by
S.R. No. examination of an employee removed under
71/2018 regulation 199(1)(c) reveals that the blood lead
reg. 11(2).
level of the employee is below the relevant level
set out in regulation 199(1)(a), and the medical
practitioner agrees, the employer may allow the
employee to return to the lead-risk work.
Reg. 200(3) (3) On and from the date that is the 2-year
inserted by
S.R. No. anniversary of the commencement of the
71/2018 Occupational Health and Safety Amendment
reg. 11(3).
Regulations 2018, if a medical examination of
an employee removed under regulation 199(1)(c)
or (1A)(c) reveals that the blood lead level of the

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employee is below the relevant level set out

in regulation 199(1A)(a), and the medical
practitioner agrees, the employer may allow
the employee to return to the lead-risk work.
201 Return after medical removal
(1) This regulation applies if an employer expects Reg. 201(1)
amended by
that an employee will return to lead-risk work S.R. No.
after removal from the work under regulation 71/2018
reg. 12(1).
199(1)(a) or (b), or regulation 199(1A)(a) or (b).
(2) The employer must arrange for the employee
to be re-examined by a registered medical
practitioner, at a frequency determined by the
registered medical practitioner, to assess whether
the employee is suitable to return to lead-risk
work.
Note
Act compliance—section 22(1) (see regulation 7).
(3) Subject to subregulation (3A), the employer Reg. 201(3)
amended by
must ensure that the employee does not return S.R. No.
to lead-risk work until— 71/2018
reg. 12(2).
(a) the employee's blood lead level is less
than—
(i) for a woman not of
reproductive capacity or a
man, 1·93 micromoles/litre
(40 micrograms/decilitre); or
(ii) for a woman of reproductive
capacity, 0·48 micromoles/litre
(10 micrograms/decilitre); and
(b) a registered medical practitioner certifies that
the employee is fit to return to the lead-risk
work.
Note
Act compliance—section 21 (see regulation 7).

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Reg. 201(3A) (3A) On and from the date that is the 2-year
inserted by anniversary of the commencement of the
S.R. No.
71/2018 Occupational Health and Safety Amendment
reg. 12(3). Regulations 2018, the employer must ensure
that the employee does not return to lead-risk
work until—
(a) the employee's blood lead level is less
than—
(i) for a woman not of
reproductive capacity or a
man, 0·97 micromoles/litre
(20 micrograms/decilitre); or
(ii) for a woman of reproductive
capacity, 0·24 micromoles/litre
(5 micrograms/decilitre); and
(b) a registered medical practitioner certifies that
the employee is fit to return to the lead-risk
work.
Note
Act compliance—section 21 (see regulation 7).
(4) In this regulation the duties of an employer in
relation to an employee returning to work after
removal from lead-risk work extend to an
independent contractor.
Note
Act compliance—section 21(see regulation 7).
202 Requirements for medical examinations
(1) An employer must provide a registered
medical practitioner who is to conduct a medical
examination of a person required by this Part
with the following details—
(a) the name and address of the employer;
(b) the name and date of birth of the person to be
examined;

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(c) the lead process the person is engaged in;

(d) the period the person has been engaged in
that process.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The employer must ensure that the registered
medical practitioner provides the employer with a
report setting out details of—
(a) the dates of examinations and blood
sampling; and
(b) the results of the biological monitoring and
any other tests; and
(c) the name of any pathology service used .
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) The employer must ensure that the registered
medical practitioner provides the employer with
details of any opinion formed by the practitioner
after the medical examination as to whether the
person examined—
(a) is suitable on medical grounds to perform
lead-risk work; or
(b) has excessive lead absorption and must not
perform lead-risk work; or
(c) shows symptoms or signs of clinical lead
poisoning and is unfit to work; or
(d) is fit to return to lead-risk work; or
(e) is fit to continue performing lead-risk work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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203 Information to go to Authority

(1) This regulation applies if an employer has
removed a person from lead-risk work under
regulation 199.
(2) The employer must ensure that a copy of the
results of biological monitoring is sent to the
Authority as soon as reasonably possible after
the employer receives them.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) If a person is not allowed to return to lead-risk
work under regulation 200(2), the employer
must ensure that a copy of the report of
the medical examination conducted under
regulation 200, setting out the details required
by regulation 202(2), is sent to the Authority as

soon as reasonably possible after the employer

receives it.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
204 Records
An employer must keep the report of a medical
examination provided to the employer by a
registered medical practitioner under this Part, and
all the results of biological monitoring of a person
provided for by the employer under this Part,
for—
(a) a period (not exceeding 30 years) determined
by the Authority; or

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(b) if no period has been determined by the

Authority, 30 years.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

Division 3—Employee duties

205 Eating, drinking, smoking etc.
(1) An employee must not do the following in any
area where a lead process is undertaken—
(a) eat, drink, chew gum or smoke; or
(b) carry food, drink, gum or materials used for
smoking.
Penalty: 100 penalty units.
(2) An employee who has been in an area where
a lead process is undertaken must remove any
lead contaminated clothing and equipment the
employee has used before entering an area
designated for eating and drinking.
Penalty: 100 penalty units.
(3) An employee who has been in any area where
a lead process is undertaken must wash the
employee's hands and face after leaving the
area and before eating, drinking or smoking.
Penalty: 100 penalty units.

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Part 4.4—Asbestos

Part 4.4—Asbestos
Division 1—Introductory matters
206 Application of Part
This Part does not apply to construction or
demolition material—
(a) produced in accordance with an auditable
process, determined by the Authority, to
verify that asbestos-containing material has
been removed from that material; and
(b) of which less than 0·001% is asbestos-
containing material measured using a method
determined by the Authority.
Notes
1 The processing of construction or demolition material to
remove asbestos-containing material in accordance with
the method determined under paragraph (b) is covered in
Division 8.
2 The Authority must publish a notice of any determinations
it makes in the Government Gazette in accordance with
regulation 6.
207 Independent person
(1) In this Part a person is an independent person
in relation to carrying out a relevant function in
relation to asbestos removal work if the person—
(a) is independent from the following, if
applicable—
(i) the employer or self-employed person
performing the asbestos removal work;

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(ii) the person who commissioned the

asbestos removal work;
(iii) the asbestos removal licence holder
performing the asbestos removal work;
and
(b) does not have a conflict of interest in
carrying out the relevant function; and
(c) has the requisite knowledge, skills and
experience to carry out the relevant function.
(2) In this regulation—
relevant function means—
(a) the determination of airborne asbestos
fibre levels under regulation 250; or
(b) the visual inspection of an area
for visible asbestos residue under
regulation 294; or
(c) the giving of a clearance certificate
under regulation 297.
208 Asbestos-contaminated dust
For the purpose of this Part, if there is uncertainty
(based on reasonable grounds) as to whether dust
is contaminated with asbestos a person must—
(a) assume the dust is contaminated with
asbestos; or
(b) arrange for analysis of a sample to be
undertaken.

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Division 2—General requirements

209 Control risk of exposure—person who manages or
controls workplace
(1) A person who manages or controls a workplace—
(a) must, so far as is reasonably practicable,
eliminate the exposure of persons at the
workplace to airborne asbestos fibres; or
(b) if it is not reasonably practicable to eliminate
that exposure, must reduce that exposure so
far as is reasonably practicable.
Note
Act compliance—section 26 (see regulation 7).
(2) Without limiting subregulation (1), a person who
manages or controls a workplace must ensure that
a person at the workplace is not exposed to an
atmospheric concentration of asbestos fibres in
excess of the asbestos exposure standard.
Note
Act compliance—section 26 (see regulation 7).
(3) A person who manages or controls a workplace
must ensure that a determination of an employee's
exposure to airborne asbestos fibres at the
workplace is carried out if there is uncertainty
(based on reasonable grounds) as to whether the
asbestos exposure standard has been exceeded.
Note
Act compliance—sections 21 and 26 (see regulation 7).
(4) A person who manages or controls a
workplace must ensure that copies of the results
of atmospheric monitoring are readily accessible
to an employer at the workplace.
Note
Act compliance—section 26 (see regulation 7).

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210 Control risk of exposure—employer or

self-employed person
(1) An employer or self-employed person must ensure
that a person is not exposed to an atmospheric
concentration of asbestos fibres arising from the
conduct of an undertaking of the employer or
self-employed person in excess of the asbestos
exposure standard.
(2) For the purposes of subregulation (1), the
employer or self-employed person must, so far as
is reasonably practicable, eliminate the exposure
of persons at the workplace to airborne asbestos
fibres, arising from the undertaking of the
employer or self-employed person.
(3) If it is not reasonably practicable to eliminate the
exposure of persons at the workplace to airborne
asbestos fibres arising from the undertaking of the
employer or self-employed person, the employer
or self-employed person must reduce that
exposure so far as is reasonably practicable.
Notes
1 Act compliance—sections 21, 23 and 24 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to consult
with employees, including in respect of making decisions
about the measures to be taken to control risks to health or
safety. This consultation must involve the health and safety
representative (if any). See also regulation 21.
211 Determination of employee's exposure
An employer must ensure that a determination
of an employee's exposure to airborne asbestos
fibres at the workplace is carried out if there is
uncertainty (based on reasonable grounds) as to
whether the asbestos exposure standard has been
exceeded.
Note
Act compliance—sections 21 and 23 (see regulation 7).

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212 Results of atmospheric monitoring to be available

An employer must ensure that copies of the
results of atmospheric monitoring for airborne
asbestos fibres at the workplace are readily
accessible to the health and safety representative
of any affected designated work group and to
affected employees.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
213 Analysis by approved asbestos laboratory
(1) If an analysis of any sample is required under
this Part the analysis must be undertaken by an
approved asbestos laboratory.
(2) The analysis results must be reported in
accordance with the requirements of NATA or the
scheme under which the laboratory was approved.

Division 3—Prohibitions under the Occupational

Health and Safety Act 2004
214 Asbestos removal work
(1) An employer, a self-employed person or a person
who manages or controls a workplace must not
perform asbestos removal work, or arrange for
asbestos removal work to be performed, in respect
of the workplace except in accordance with
Division 7.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) Subregulation (1) does not apply if the asbestos
removal work is for—
(a) the purpose of sampling and identification;
or

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(b) the removal of asbestos encountered in the

course of non-asbestos mining or the
extraction of stone.
215 Removal of contaminated protective clothing
(1) An employer or self-employed person must not
remove from a workplace protective clothing
contaminated with asbestos unless the clothing
is—
(a) disposed of—
(i) as soon as reasonably possible; and
(ii) in an appropriate manner that
eliminates the release of airborne
asbestos fibres; and
(iii) at a place or premises authorised under Reg. 215
(1)(a)(iii)
the Environment Protection Act 2017 substituted by
or regulations made under that Act to S.R. No.
88/2021 reg. 8.
receive asbestos waste; or
(b) laundered at a laundry equipped to launder
clothing contaminated with asbestos and for
that purpose the clothing is contained so as
to eliminate the release of airborne asbestos
fibres and the exterior of the container—
(i) is decontaminated before being
removed from the work area; and
(ii) indicates the presence of asbestos
before the clothing is transferred to the
laundry.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) Subregulation (1) does not apply if the
contamination arises from asbestos removal work
under Division 7 or carrying out asbestos related
activities under Division 8.
Note

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Divisions 7 and 8 have specific requirements relating to the

disposal and laundering of asbestos-contaminated clothing.
216 Use of certain tools or instruments
(1) An employer or self-employed person must not
use the following or cause the following to be
used on asbestos unless the use is controlled—
(a) a broom;
(b) a brush (except where the brush is used for
sealing);
(c) a high pressure water jet, power tool or other
similar tool or instrument.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) Subregulation (1) does not apply if airborne
asbestos fibre levels are not in excess of 0·01 f/ml
while the tool or instrument is in use.

(3) For the purposes of subregulation (1), the use of

the tool or instrument is controlled, if, while the
tool or instrument is in use—
(a) the tool or instrument is enclosed; or
(b) engineering controls are used; or
(c) a combination of the methods in paragraphs
(a) and (b) is used—
so that the employer or self-employed person
ensures that a person is not likely to be exposed to
more than one half of the asbestos exposure
standard.
(4) An employer or self-employed person must not
rely on respiratory protective equipment to ensure
that one half of the asbestos exposure standard is
not exceeded.

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Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(5) An employer or self-employed person must not
use or cause to be used compressed air or other
compressed gases—
(a) on asbestos, except in areas enclosed to
prevent the release of airborne asbestos
fibres from the enclosed area; or
(b) within 6 metres of an activity involving
asbestos unless the use of that air or gas
does not result in airborne asbestos fibres
that exceed one half of the asbestos exposure
standard.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).

(6) An employer or self-employed person must not

rely on respiratory protective equipment to control
a risk under subregulation (5)(b).
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).

Division 4—Prohibitions under the

Dangerous Goods Act 1985
Note
The Australian Government restricts the import and export of
asbestos and goods containing asbestos under the Commonwealth's
Customs (Prohibited Imports) Regulations 1956 and Customs
(Prohibited Exports) Regulations 1958.

Subdivision 1—Application of Division

217 General exclusions

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(1) Regulations 219 to 223 and 224(c) do not apply

for the purpose of—
(a) scientific analysis or research; or
(b) sampling and identification; or
(c) retention of asbestos samples for
demonstration, education or practical
training purposes; or
(d) non-asbestos mining or the extraction of
stone if asbestos is encountered.
Note
Activities under paragraphs (a) and (b) are asbestos-related
activities under Division 8.
(2) Regulations 219 to 223 and 224(c) do not apply
to soil from which visible asbestos-containing
material has been removed, so far as is reasonably

practicable, by the person proposing to supply,

store, transport, sell, use or re-use the soil.
Note
Any person supplying, storing, transporting, selling, using or
re-using soil must visually inspect the soil and remove any
visible asbestos-containing material from the soil.

Subdivision 2—Prohibitions
218 Manufacture of asbestos
A person must not manufacture asbestos-
containing material.
Penalty: 100 penalty units for a natural person;
400 penalty units for a body corporate.
219 Supply of asbestos
(1) Subject to subregulation (2), a person must not
supply asbestos to any person.

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Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.
(2) Subregulation (1) does not apply to the supply
of asbestos fixed to or installed in a building,
structure, ship, plant, aircraft or vehicle as at
31 December 2003.
220 Storage of asbestos
(1) Subject to subregulation (2), a person must not
store asbestos.
Penalty: 100 penalty units for a natural person;
400 penalty units for a body corporate.
(2) Subregulation (1) does not apply to—
(a) the storage of asbestos waste or
non-disposable personal protective clothing
likely to be contaminated with asbestos that
is—
(i) being stored for the purpose
of disposal, or in the case of
non-disposable personal protective
clothing contaminated with asbestos,
stored for the purpose of laundering;
and
(ii) stored securely and identified to
indicate the likely or actual presence
of asbestos; and
(iii) contained so as to eliminate the release
of airborne asbestos fibres; and
(iv) disposed of as soon as reasonably
possible, or, in the case of
non-disposable personal protective
clothing contaminated with asbestos,
laundered as soon as reasonably
possible; or

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(b) asbestos fixed to or installed in a building,

structure, ship, plant, aircraft or vehicle as at
31 December 2003.
221 Transport of asbestos
(1) Subject to subregulation (2), a person must not
transport asbestos.
Penalty: 100 penalty units for a natural person;
400 penalty units for a body corporate.
(2) Subregulation (1) does not apply to—
(a) the transport of asbestos and asbestos waste
for the purpose of disposal or, in the case of
non-disposable personal protective clothing
contaminated with asbestos, for the purpose
of laundering; or
(b) the transport of asbestos fixed to or installed
in a building, structure, vehicle, aircraft, ship
or plant as at 31 December 2003.
Note to Note
reg. 221(2)
substituted by The transport of asbestos waste is regulated by the
S.R. No. Environment Protection Authority.
88/2021 reg. 9.

222 Sale of asbestos

(1) Subject to subregulation (2), a person must not
sell asbestos.
Penalty: 100 penalty units for a natural person;
400 penalty units for a body corporate.
(2) Subregulation (1) does not apply to the sale
of asbestos fixed to or installed in a building,
structure, ship, plant, aircraft or vehicle as at
31 December 2003.

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223 Use of asbestos

(1) Subject to subregulation (2), a person must not use
asbestos.
Penalty: 100 penalty units for a natural person;
400 penalty units for a body corporate.
(2) Subregulation (1) does not apply to asbestos fixed
to or installed in a building, structure, ship, plant,
aircraft or vehicle as at 31 December 2003.
224 Re-use, installation and replacement of asbestos
A person must not—
(a) fix asbestos-containing material to, or install
asbestos-containing material in, any
building, structure, ship, plant, aircraft or
vehicle; or
(b) replace any part of a building, structure, ship,
vehicle, aircraft or plant with asbestos-
containing material; or
(c) re-use any asbestos.
Penalty: 100 penalty units for a natural person;
400 penalty units for a body corporate.
Note
When fixed or installed asbestos needs to be replaced, a material
that does not contain asbestos must be used.

Division 5—Asbestos in workplaces

Subdivision 1—Application of Division
225 Application of Division
(1) This Division applies to a workplace where
asbestos is present in a building, structure, ship
or plant or has been identified elsewhere at the
workplace.

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(2) This Division does not apply to a domestic

premises that is a workplace only because of work
being performed by an employer or self-employed
person engaged to perform the work.

Subdivision 2—Duties of persons who manage

or control workplaces
226 Identification of asbestos
(1) A person who manages or controls a workplace
must, so far as is reasonably practicable, identify
all asbestos present that is under the person's
management or control.
Note
Act compliance—section 26 (see regulation 7).
(2) If there is uncertainty (based on reasonable
grounds) as to whether asbestos is present, or if
there are inaccessible areas that are likely to
contain asbestos, the person who manages or
controls the workplace must—
(a) assume that asbestos is present; or
(b) arrange for analysis of a sample to be
undertaken.
Note
Act compliance—section 26 (see regulation 7).
(3) If asbestos is assumed to be present under
subregulation (2), it is taken to be identified for
the purposes of this Part.
(4) In relation to asbestos that is identified, the
person who manages or controls the workplace
must determine—
(a) the location of the asbestos; and
(b) the likely source of asbestos that is not fixed
or installed; and

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(c) in relation to asbestos-containing material—

(i) the type of asbestos-containing
material; and
(ii) whether the asbestos-containing
material is friable or non-friable; and
(iii) the condition of the asbestos-containing
material; and
(iv) whether the asbestos-containing
material is likely to sustain damage or
deterioration; and
(d) so far as is possible, any activities likely to
be carried out at the workplace that are, in
view of their nature or design, likely to
damage or disturb the asbestos.
Note
Act compliance—section 26 (see regulation 7).
(5) In relation to inaccessible areas that are likely
to contain asbestos, the person who manages
or controls the workplace must comply with
subregulation (4)(a) and (b) so far as is possible.
Note
Act compliance—section 26 (see regulation 7).
(6) In relation to asbestos that is identified, the person
who manages or controls the workplace must
ensure that—
(a) the presence and location of the asbestos is
clearly indicated; and
(b) if reasonably practicable, the indication is by
labelling.
Note
Act compliance—section 26 (see regulation 7).

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227 Asbestos register

(1) A person who manages or controls a
workplace must record in an asbestos register, in
accordance with subregulation (2), the results of
an identification of asbestos conducted by the
person under regulation 226.
Note
Act compliance—section 26 (see regulation 7).
(2) The asbestos register must contain—
(a) information in relation to the matters
determined under regulation 226(4); and
(b) details of inaccessible areas that are likely
to contain asbestos; and
(c) the date of each identification.
228 Asbestos register to be kept current
(1) A person who manages or controls a workplace
must revise the asbestos register to keep it current
and include any changes of condition and any
removal, enclosure or sealing of asbestos.
Note
Act compliance—section 26 (see regulation 7).
(2) Without limiting subregulation (1), the person
who manages or controls a workplace must ensure
that the asbestos register is reviewed and, if
necessary, revised at least every 5 years.
Notes
1 Act compliance—section 26 (see regulation 7).
2 See also the obligation to review and revise the
asbestos register under regulation 241.

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229 Access to asbestos register

(1) A person who manages or controls a workplace
must provide a copy of the asbestos register to—
(a) any employer or self-employed person
whose business is located at the workplace;
and
(b) an asbestos removal licence holder engaged
to do asbestos removal work; and
(c) a person who is required to obtain a copy
under regulation 305, and who requests a
copy from the person who manages or
controls the workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) A person who manages or controls a workplace
must inform any person engaged to do work at
that workplace that involves the risk of exposure
to airborne asbestos fibres of the asbestos register
and must provide access to that register.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) If access is requested, a person who manages or
controls a workplace must provide access to the
asbestos register to any other person engaged by
that person to do work at that workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Note
This would include giving access to a "designer" under the
Act.

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(4) If a copy is requested, a person who manages or

controls a workplace must provide a copy of the
asbestos register to an employer or self-employed
person who intends to occupy the workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
230 Provision of register by person relinquishing
management or control
A person who manages or controls a workplace
who intends to relinquish that management or
control must provide a copy of the asbestos
register to the person, if any, assuming
management or control.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
231 Control of risk
(1) A person who manages or controls a workplace
must, so far as is reasonably practicable, eliminate
any risk associated with the presence of asbestos
that is under the person's management or control
by removing the asbestos.
Note
Act compliance—section 26 (see regulation 7).
(2) If it is not reasonably practicable to remove the
asbestos, the person who manages or controls a
workplace must reduce the risk associated with
the presence of asbestos so far as is reasonably
practicable by enclosing the asbestos.
Note
Act compliance—section 26 (see regulation 7).

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(3) If the person who manages or controls a

workplace has enclosed the asbestos, so far as is
reasonably practicable, and a risk remains, the
person must reduce the risk associated with the
presence of asbestos so far as is reasonably
practicable by sealing the asbestos.
Note
Act compliance—section 26 (see regulation 7).
232 Review of risk control measures
A person who manages or controls a workplace
must review and, if necessary, revise any
measures implemented to control risks associated
with the presence of asbestos—
(a) before any change is made to the workplace
or a building, structure, ship or plant at the
workplace or a system of work that is likely
to disturb or damage any asbestos; or
(b) after any incident occurs to which Part 5 of
the Act applies that involves the presence of
asbestos; or
(c) if, for any other reason, the risk control
measures do not adequately control the risks.
Note
Act compliance—section 26 (see regulation 7).

Subdivision 3—Duties of employers

233 Identification of asbestos
(1) An employer at any workplace to which this
Division applies must—
(a) if another person manages or controls the
workplace, obtain from that person a copy
of the asbestos register; and

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(b) so far as is reasonably practicable,

identify all asbestos present that is under
the management or control of the employer,
including asbestos-containing material that
is fixed to or installed in any plant under the
management or control of the employer.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) For the purpose of complying with subregulation
(1)(b), if there is uncertainty (based on reasonable
grounds) as to whether any material of which the
employer has management or control is asbestos,
or if there are inaccessible areas that are likely to
contain asbestos, the employer must—
(a) assume that asbestos is present; or
(b) arrange for analysis of a sample to be
undertaken.
(3) If asbestos is assumed to be present under
subregulation (2), it is taken to be identified for
the purposes of this Part.
(4) In relation to asbestos that is identified, the
employer must determine—
(a) the location of the asbestos; and
(b) the likely source of asbestos that is not fixed
or installed; and
(c) in relation to asbestos-containing material—
(i) the type of asbestos-containing
material; and
(ii) whether the asbestos-containing
material is friable or non-friable; and
(iii) the condition of the asbestos-containing
material; and

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(iv) whether the asbestos-containing

material is likely to sustain damage or
deterioration; and
(d) so far as is possible, any activities likely to
be carried out at the workplace that are, in
view of their nature or design, likely to
damage or disturb any asbestos at the
workplace.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(5) In relation to inaccessible areas that are likely to
contain asbestos, the employer must comply with
subregulation (4)(a) and (b) so far as is possible.
(6) In relation to asbestos that is identified under
subregulation (1)(b), the employer must ensure
that—
(a) the presence and location of the asbestos are
clearly indicated; and
(b) if reasonably practicable, the indication is by
labelling.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
234 Information about risks to be given to person who
manages or controls workplace
An employer must notify the person who manages
or controls the workplace about any risks that the
employer identifies that are associated with—
(a) the presence of asbestos under the control or
management of the person who manages or
controls the workplace; and
(b) an activity carried out by the employer.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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235 Employer's asbestos register

(1) An employer must record in an employer's
asbestos register, in accordance with
subregulation (2), the results of any identification
of asbestos conducted by the employer under
regulation 233.
Note
Act compliance—sections 21 and 23 (see regulation 7).
(2) The employer's asbestos register must contain—
(a) information in relation to the matters
determined under regulation 233(4); and
(b) details of inaccessible areas that are likely to
contain asbestos; and
(c) the date when the identification is made; and
(d) a copy of any asbestos register obtained
under regulation 233(1)(a); and
(e) information in relation to any activity carried
out by the employer that could give rise to a
risk of exposure to airborne asbestos fibres.
236 Employer's asbestos register to be kept current
(1) An employer must revise the employer's asbestos
register to keep it current and include any changes
in the condition of the asbestos and any removal,
enclosure or sealing of asbestos.
Note
Act compliance—sections 21 and 23 (see regulation 7).
(2) If the health and safety representative for an
affected designated work group so requests, on
reasonable grounds, the employer must review
and, if necessary, revise the employer's asbestos
register.
Note
Act compliance—sections 21 and 23 (see regulation 7).

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(3) Without limiting subregulations (1) and (2), the

employer must ensure that the employer's asbestos
register is reviewed and, if necessary, revised at
least every 5 years.
Notes
1 Act compliance—sections 21 and 23 (see regulation 7).
2 See also the obligation to review and revise the
employer's asbestos register under regulation 242.
237 Access to employer's asbestos register
An employer must—
(a) ensure that a copy of the employer's asbestos
register is readily accessible to any employee
of the employer; and
(b) provide a copy of the employer's asbestos
register to—
(i) the health and safety representative of
an affected designated work group; and
(ii) an asbestos removal licence holder who
has been engaged to do asbestos
removal work; and
(iii) a person who is required to obtain a
copy under regulation 305, and who
requests a copy; and
(c) inform any person engaged to do work at the
employer's workplace that involves the risk
of exposure to airborne asbestos fibres of the
employer's asbestos register and provide
access to that register; and
(d) if requested, provide access to the employer's
asbestos register to any other person engaged
to do work by the employer.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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Note
Paragraph (d) would include giving access to a designer engaged
by the employer.
238 Control of risk
(1) An employer must, so far as is reasonably
practicable, eliminate any risk associated with the
presence of asbestos that is under the management
or control of the employer by removing the
asbestos.
(2) If it is not reasonably practicable to remove
the asbestos, the employer must reduce the risk
associated with the presence of asbestos so far as
is reasonably practicable by enclosing the
asbestos.
(3) If the employer has enclosed the asbestos, so far
as is reasonably practicable, and a risk remains,
the employer must reduce the risk associated with
the presence of asbestos so far as is reasonably
practicable by sealing the asbestos.
Notes
1 Act compliance—sections 21 and 23 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to consult
with employees, including in respect of making decisions
about the measures to be taken to control risks to health or
safety. This consultation must involve the health and safety
representative (if any). See also regulation 21.
239 Review of risk control measures
(1) An employer must review and, if necessary,
revise any measures implemented to control risks
associated with the presence of asbestos—
(a) before any change is made to the workplace
or a building, structure, ship or plant at the
workplace or a system of work that is likely
to disturb or damage any asbestos; or

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(b) after any incident occurs to which Part 5 of

the Act applies that involves the presence of
asbestos; or
(c) if, for any other reason, the risk control
measures do not adequately control the risks;
or
(d) after receiving a request from a health and
safety representative.
Note
Act compliance—sections 21 and 23 (see regulation 7).
(2) A health and safety representative may make a
request under subregulation (1)(d) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulation (1)(a), (b) and (c) exist; or
(b) the employer has failed—
(i) to properly review the risk control
measures; or
(ii) to take account of any of the
circumstances referred to in
subregulation (1)(a), (b) and (c) in
conducting a review of, or revising,
the risk control measures.

Division 6—Demolition and refurbishment

where asbestos is present
240 Application of Division
(1) This Division applies to carrying out demolition
or refurbishment work at a workplace on a
building, structure, ship or plant where asbestos
is present or elsewhere at the workplace where
asbestos has been identified.

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(2) In this Division, demolition and refurbishment

work do not include minor or routine maintenance
work or other work of a minor nature.
(3) For the purposes of this Division, an emergency
exists if a building or structure is structurally
unsound or in danger of imminent collapse as
determined—
(a) by an emergency order issued under the
Building Act 1993; or
(b) in a report by a structural engineer.
(4) This Division applies in relation to domestic
premises that become a workplace due to
demolition or refurbishment work being
performed.
241 Review of asbestos register
(1) Before demolition or refurbishment work
commences at a workplace, the person who
manages or controls the workplace must—
(a) review the asbestos register; and
(b) revise the asbestos register if it is inadequate
having regard to the proposed demolition or
refurbishment work.
Example
The asbestos register may be inadequate if it identifies areas
that are inaccessible that are likely to contain asbestos and
those areas will be accessible as a result of demolition or
refurbishment work.
Note
Act compliance—section 26 (see regulation 7).
(2) The person who manages or controls a
workplace must provide the employer or
self-employed person who is to perform
demolition or refurbishment work at the
workplace with a copy of the asbestos register,

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including any revisions made under this

regulation.
Note
Act compliance—section 26 (see regulation 7).
242 Review of employer's asbestos register
(1) Before demolition or refurbishment work
commences at a workplace, an employer who has
management or control of asbestos, including
asbestos-containing material that is fixed or
installed in any plant under the management or
control of the employer, must—
(a) review the employer's asbestos register; and
(b) revise the employer's asbestos register if it is
inadequate having regard to the proposed
demolition or refurbishment work.
Example
The employer's asbestos register may be inadequate if it
identifies areas that are inaccessible that are likely to contain
asbestos and those areas will become accessible as a result
of the demolition or refurbishment work.
Note
Act compliance—section 21 (see regulation 7).
(2) The employer must provide the employer or
self-employed person who is to perform the
demolition or refurbishment work with a copy of
the employer's asbestos register, including any
revisions made under this regulation.
Note
Act compliance—section 21 (see regulation 7).
243 Copies of asbestos registers to be obtained
(1) This regulation applies if an employer or
self-employed person is performing demolition
or refurbishment work in relation to a building,
structure, ship or plant at a workplace.

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(2) The employer or self-employed person must

obtain from the person who has management or
control of the workplace, a copy of the asbestos
register, including any revisions made under
regulation 241.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(3) The employer or self-employed person
performing the demolition or refurbishment
work must obtain from an employer who has
management or control of asbestos, including
asbestos-containing material that is fixed or
installed in any plant under the management
or control of the employer, a copy of the
employer's asbestos register, including any
revisions made under regulation 242.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
244 Identification and removal of asbestos before
demolition or refurbishment
(1) A person who manages or controls a workplace or
plant that forms part of a workplace must identify
asbestos under that person's management or
control that is likely to be disturbed by proposed
demolition or refurbishment work and—
(a) if the proposed work is refurbishment work,
ensure, so far as is reasonably practicable,
that the asbestos is removed; or
(b) if the proposed work is demolition work,
ensure, so far as is reasonably practicable,
that the asbestos is removed before the
demolition work is commenced.
Note
Act compliance—section 26 (see regulation 7).

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(2) An employer at a workplace must identify

asbestos under that employer's management or
control, including asbestos-containing material
that is fixed or installed in any plant under the
management or control of the employer, that is
likely to be disturbed by proposed demolition or
refurbishment work and—
(a) if the proposed work is refurbishment work,
ensure, so far as is reasonably practicable,
that the asbestos is removed; or
(b) if the proposed work is demolition work,
ensure, so far as is reasonably practicable,
that the asbestos is removed before the
demolition work is commenced.
Note
Act compliance—section 26 (see regulation 7).
(3) Subregulations (1)(b) and (2)(b) do not prevent
the demolition of parts of a building, structure,
ship or plant in order to gain access to the
asbestos.
Example
Part of a wall may be demolished to gain access to asbestos
in a riser shaft.
(4) Subregulations (1) and (2) do not apply—
(a) to demolition work in an emergency; or
(b) to domestic premises.
Note
See regulation 240(3) for meaning of emergency.
(5) An employer or self-employed person performing
demolition or refurbishment work on domestic
premises must identify asbestos under that
person's management or control that is likely to
be disturbed by the proposed demolition or
refurbishment work and—

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(a) if the proposed work is refurbishment work,

ensure, so far as is reasonably practicable,
that the asbestos is removed; or
(b) if the proposed work is demolition work
ensure, so far as is reasonably practicable,
that the asbestos is removed before the
demolition work is commenced.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(6) Subregulation (5)(b) does not prevent the
demolition of part of domestic premises in order
to gain access to the asbestos.
245 Determination of presence of asbestos
(1) This regulation applies if there is no asbestos
register or employer's asbestos register in respect
of a workplace or plant in relation to which
demolition or refurbishment work is to be
performed.
(2) The employer or self-employed person
performing the demolition or refurbishment work
must not commence that work until that employer
or self-employed person has determined whether
asbestos is present in the building, structure, ship
or plant to be demolished or refurbished.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(3) If there is uncertainty (based on reasonable
grounds) as to whether asbestos is present in a
building, structure, ship or plant to be demolished
or refurbished, or if there are inaccessible areas
that are likely to contain asbestos, the employer or
self-employed person performing the demolition
or refurbishment work must—
(a) assume that asbestos is present; or

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(b) arrange for analysis of a sample to be

undertaken.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(4) If asbestos is assumed to be present under
subregulation (3), it is taken to be identified for
the purposes of this Part.
(5) If the employer or self-employed person
performing demolition or refurbishment work
has determined under subregulation (2)
or subregulation (3) that asbestos is present in a
building, structure, ship or plant to be demolished
or refurbished, the employer or self-employed
person must—
(a) inform the person who has management or
control of the workplace that asbestos is
present in the building, structure, ship or
plant; and
(b) in the case of plant under the management
or control of an employer at the workplace,
inform the employer that asbestos is present
in the plant.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
246 Requirements for asbestos removal work
A person who is required to ensure asbestos is
removed under regulation 244 must ensure that
the asbestos removal work is performed by—
(a) an asbestos removal licence holder; or
(b) a person who is permitted under regulation
250 to perform limited asbestos removal
work.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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Note
An asbestos removal licence holder must perform asbestos
removal work in accordance with Division 7. A person permitted
under regulation 250 must perform asbestos removal work in
accordance with Subdivision 2 of Division 7.
247 Emergency procedures
(1) If an emergency occurs at a workplace where
asbestos was present in a building, structure,
ship or plant immediately before the emergency
occurred, the person who manages or controls the
workplace must—
(a) consider the asbestos register; and
(b) before demolition occurs, document a
procedure that will reduce the risk of
exposure of employees and persons in the
vicinity of the demolition site to asbestos to
below the asbestos exposure standard so far
as is reasonably practicable.
Notes
1 Act compliance—sections 21, 23 and 26
(see regulation 7).
2 See regulation 240(3) for meaning of emergency.
(2) Subregulation (1) does not apply in the case of
domestic premises.
(3) A person engaged for the purpose of asbestos
removal work as part of an emergency must
comply, so far as is reasonably practicable, with
Division 7.
Notes
1 Act compliance—sections 21, 23 and 24
(see regulation 7).
2 A person engaged under this subregulation must hold
an asbestos removal licence that permits the person
to remove the asbestos or be employed by a person
who holds such a licence (see regulation 214) or be
permitted to remove the asbestos under regulation 250.

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(4) If an emergency occurs at domestic premises

where asbestos was present in a building,
structure, ship or plant immediately before
the emergency occurred, an employer or
self-employed person performing demolition
work at the premises must, before demolition,
document a procedure that will reduce the risk of
exposure of employees and persons in the vicinity
of the demolition site to asbestos to below the
asbestos exposure standard so far as is reasonably
practicable.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
248 Notice to Authority
(1) The person who manages or controls a workplace
referred to in regulation 247(1) must notify the
Authority, in writing, of the person's contact
details and of the location of the emergency
immediately after the emergency is known to that
person and before the commencement of
demolition.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) An employer or self-employed person performing
demolition work on domestic premises must
notify the Authority in writing of the person's
contact details and of the location of the
emergency immediately after the emergency is
known to that person and before the
commencement of demolition.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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Division 7—Removal of asbestos

Subdivision 1—General
249 Application of Division
(1) This Division applies to asbestos removal work.
(2) This Division does not apply if Division 8 applies.
(3) A reference to an employee in a provision
imposing a duty on an asbestos removal licence
holder under this Division applies only if the
asbestos removal licence holder is an employer.
(4) This Division applies in relation to domestic
premises that become a workplace due to asbestos
removal work being performed.
Note
See regulation 247 for the application of this Division in an
emergency under Division 6.

Subdivision 2—Limited asbestos removal work

250 Limited asbestos removal work
(1) An employer or self-employed person may
perform asbestos removal work, in accordance
with this Subdivision, involving—
(a) the removal of non-friable
asbestos-containing material if—
(i) the area of non-friable
asbestos-containing material to be
removed does not exceed 10 square
metres in total; and
(ii) the employer or self-employed person
does not perform more than 1 hour of
asbestos removal work in total during
a 7-day period; or

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(b) the removal of asbestos-contaminated dust,

if—
(i) the asbestos removal work does not
exceed 10 minutes in total; and
(ii) the employer or self-employed person
does not perform more than 1 hour of
asbestos removal work in total during a
7-day period; or
(c) the removal of asbestos-contaminated dust if
an independent person has determined that
airborne asbestos fibre levels are likely to be
less than one half of the asbestos exposure
standard.
(2) If an employer or self-employed person is an
asbestos removal licence holder, any periods
during which the employer or self-employed
person perform asbestos removal work in
accordance with the asbestos removal licence
are not to be counted for the purpose of
calculating the total amount of time the
employer or self-employed person performs
asbestos removal work during a 7-day period for
the purposes of subregulation (1)(a)(ii) or (b)(ii).
251 Training record
An employer performing limited asbestos removal
work must—
(a) make a record of any training undertaken by
each person engaged in the limited asbestos
removal work; and
(b) keep the record of training readily accessible
where the asbestos removal work is being
performed for inspection on request under
the Act.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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252 Self-employed persons performing limited asbestos

removal work to have appropriate training
(1) A self-employed person must not perform
limited asbestos removal work unless the person
is informed, instructed and trained to perform
the work in a manner that does not, so far as is
reasonably practicable, expose other persons to
risks arising from the asbestos removal work.
Note
Act compliance—section 24 (see regulation 7).
(2) A self-employed person performing limited
asbestos removal work must make a record of the
training referred to in subregulation (1) and keep
that record while the person is engaged in asbestos
removal work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
253 Asbestos register must be obtained
(1) Before performing limited asbestos removal
work, an employer or self-employed person must
obtain a copy of any relevant asbestos register or
employer's asbestos register.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) This regulation does not apply if the asbestos
removal work will be performed at domestic
premises.

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254 Protective clothing and protective equipment

An employer must ensure that—
(a) persons performing limited asbestos removal
work are provided with—
(i) appropriate personal protective clothing
that is suitable for the removal work
being performed; and
(ii) appropriate respiratory protective
equipment that is suitable for the
removal work being performed; and
(b) the clothing and equipment provided under
paragraph (a) are correctly fitted.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
255 Signs and barricades
An employer or self-employed person performing
limited asbestos removal work must ensure that
appropriately placed signs and barricades are used
to indicate the area where the removal work is
being performed.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
256 Decontamination facilities and non-removal of
personal protective clothing or equipment
(1) An employer or self-employed person
performing limited asbestos removal work
must provide facilities for decontamination of
the work area, tools and equipment and personal
decontamination for the duration of the asbestos

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removal work that are suitable for the removal

work being performed.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) An employer or self-employed person performing
limited asbestos removal work must ensure that a
person does not remove personal protective
clothing or personal protective equipment that is
likely to be contaminated with asbestos from the
area where the asbestos removal work is being
performed unless the clothing or equipment is
decontaminated or contained before the removal.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
257 Decontamination of equipment
An employer or self-employed person performing
limited asbestos removal work must ensure that
any equipment (other than personal protective
equipment) that is used for removal work and that
is likely to be contaminated is—
(a) decontaminated before removal from the
area where the removal work is performed;
or
(b) placed in a sealed container, the exterior of
which is decontaminated before the container
is removed from the area where the removal
work is performed.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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258 Elimination of airborne asbestos fibres

An employer or self-employed person performing
limited asbestos removal work must ensure that
the asbestos removal work is performed in a
manner that, so far as is reasonably practicable—
(a) eliminates the release of airborne asbestos
fibres; and
(b) prevents the contamination of areas adjacent
to the asbestos removal area.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
259 Waste containment
An employer or self-employed person performing
limited asbestos removal work must ensure that—
(a) the asbestos waste is contained so as to
eliminate the release of airborne asbestos
fibres; and
(b) the exterior of the container—
(i) is decontaminated before being
removed from the area where the
removal work is performed; and
(ii) indicates the presence of asbestos.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
260 Disposal of asbestos waste
An employer or self-employed person performing
limited asbestos removal work must ensure that
asbestos waste is disposed of—
(a) as soon as reasonably possible; and
(b) in an appropriate manner that eliminates the
release of airborne asbestos fibres; and

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Reg. 260(c) (c) at a place or premises authorised under the

substituted by Environment Protection Act 2017 or
S.R. No.
88/2021 regulations made under that Act to receive
reg. 10(1). asbestos waste.
Notes
1 Act compliance—sections 21, 23 and 24 (see regulation 7).
Note 2 to 2 The transport of asbestos waste is regulated by the
reg. 260
Environment Protection Authority.
substituted by
S.R. No.
88/2021
reg. 10(2).

261 Laundering of clothing contaminated with asbestos

(1) An employer or self-employed person
performing limited asbestos removal work must
provide for the laundering of personal protective
clothing that is likely to be contaminated with
asbestos at a laundry equipped to launder clothing
contaminated with asbestos if that clothing is not
contained and disposed of in accordance with
regulations 259 and 260.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) If an employer or self-employed person
performing limited asbestos removal work
arranges for personal protective clothing that is
likely to be contaminated with asbestos to be
laundered, the employer or person must ensure
that—
(a) the clothing is contained so as to eliminate
the release of airborne asbestos fibres; and
(b) the exterior of the container—
(i) is decontaminated before being
removed from the area where the
removal work is performed; and

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(ii) indicates the presence of asbestos

before the clothing is transferred to the
laundry.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
262 Medical examinations
(1) An employer performing limited asbestos
removal work must arrange for appropriate
medical examinations to be conducted by a
registered medical practitioner for each employee
engaged in ongoing asbestos removal work if
there is a risk of exposure to airborne asbestos
fibres in excess of one half of the asbestos
exposure standard.
Note
Act compliance—section 22(1) (see regulation 7).
(2) Respiratory protective equipment must not be
taken into account in establishing whether there is
a risk of exposure to airborne asbestos fibres in
excess of one half of the exposure standard.
(3) The employer must ensure that medical
examinations are provided—
(a) before the employee commences asbestos
removal work for the first time for that
employer unless the employee has had an
appropriate medical examination within the
preceding 2 years; and
(b) at intervals of not more than 2 years; and
(c) within 30 days after the employee has ceased
asbestos removal work unless the employee
has had an appropriate medical examination
within the preceding year.
Note
Act compliance—section 22(1) (see regulation 7).

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(4) In this regulation the duties of an employer in

relation to medical examinations extend to an
independent contractor.
Note
Act compliance—section 23 (see regulation 7).
263 Results of medical examinations
(1) An employer must obtain a summary of results of
a medical examination of a person carried out as
required by regulation 262 indicating whether an
asbestos-related disease exists and the fitness of
the person to engage in limited asbestos removal
work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The employer must keep a copy of the summary
of results obtained under this regulation for—
(a) a period (not exceeding 30 years) determined
by the Authority; or
(b) if no period has been determined by the
Authority, 30 years.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

Subdivision 3—Class A and Class B

asbestos removal work
264 Class A asbestos removal work
A person must not perform Class A asbestos
removal work unless that person—
(a) holds a Class A asbestos removal licence; or
(b) is an employee of a person who holds a
Class A asbestos removal licence; or

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(c) is an independent contractor who is—

(i) engaged by a person who holds a
Class A asbestos removal licence; and
(ii) performing asbestos removal work
involving the operation of an excavator;
and
(iii) directly supervised at all times during
the asbestos removal work by the
person who holds the Class A asbestos
removal licence and by the asbestos
removal supervisor who is appointed
under regulation 266.
Notes
1 See section 40(4) of the Act.
2 Under regulations 473 and 474 the terms and conditions of a
Class A asbestos removal licence may limit the activities that
can be carried out under the licence.
265 Class B asbestos removal work
A person must not perform Class B asbestos
removal work unless that person—
(a) holds a Class A asbestos removal licence
or a Class B asbestos removal licence; or
(b) is an employee of a person who holds a
Class A asbestos removal licence or a
Class B asbestos removal licence.
Notes
1 See section 40(4) of the Act.
2 Under regulations 473 and 474 the terms and conditions of
a Class A or a Class B asbestos removal licence may limit the
activities that can be carried out under the licence.

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266 Appointment of asbestos removal supervisors

(1) Subject to subregulation (2), an asbestos
removal licence holder must appoint a person
as an asbestos removal supervisor if the asbestos
removal licence holder has nominated that person
as a supervisor under regulation 462(1)(b).
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) An asbestos removal licence holder must
not appoint a person as an asbestos removal
supervisor if the Authority has not accepted the
nomination of that supervisor under Part 6.1
(Licences).
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
267 Asbestos removal supervisor to be accessible
An asbestos removal licence holder must ensure
that the asbestos removal supervisor appointed
to supervise Class B asbestos removal work is
readily accessible to the persons performing the
asbestos removal work at all times when that work
is being performed.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
268 Information to job applicants and independent
contractors
An asbestos removal licence holder must provide
each applicant who applies for employment with,
and each independent contractor who seeks to be
engaged by, the licence holder to perform asbestos
removal work with information about—
(a) the health effects and risks associated with
exposure to airborne asbestos fibres; and

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(b) the need for, and details of, medical

examinations required under this
Subdivision.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.
269 Persons performing asbestos removal work to be
trained
An asbestos removal licence holder must not
permit a person to perform asbestos removal
work for the licence holder unless the person is
informed, instructed and trained to perform that
work in a manner that is safe and without risks to
health and in particular in relation to—
(a) the nature of the hazard, the risks and the
health effects associated with exposure to
airborne asbestos fibres; and
(b) the need for, and proper use of, measures to
control the risks including the maintenance,
cleaning and storage of personal protective
clothing and personal protective equipment.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
270 Training record
(1) An asbestos removal licence holder performing
asbestos removal work must make a record of the
training undertaken by a person performing the
asbestos removal work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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(2) The asbestos removal licence holder must keep

the record of training—
(a) while the person performs asbestos removal
work for the asbestos removal licence
holder; and
(b) readily accessible where the asbestos
removal work is being performed for
inspection on request under the Act.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
271 Asbestos register to be obtained
(1) An asbestos removal licence holder must
obtain a copy of any relevant asbestos register
or employer's asbestos register from the person
who commissioned the asbestos removal work.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) This regulation does not apply if the asbestos
removal work will be performed at domestic
premises.
272 Asbestos control plan
(1) Before commencing asbestos removal work, an
asbestos removal licence holder must prepare an
asbestos control plan in accordance with this
regulation.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) An asbestos control plan must—
(a) take into account any asbestos register or any
employer's asbestos register obtained under
this Part; and

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(b) include information on the items listed in

Schedule 12.
(3) Subregulation (2)(a) does not apply if the
asbestos removal work will be performed at a
domestic premises.
273 Asbestos control plan to be made available and
accessible
(1) An asbestos removal licence holder must provide
a copy of the asbestos control plan prepared under
regulation 272 to the person who commissioned
the asbestos removal work.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) The asbestos removal licence holder must ensure
that a copy of the asbestos control plan is readily
accessible for the duration of the asbestos removal
work—
(a) to employees at the workplace, including
the health and safety representative of any
affected designated work group;
(b) to an employer at the workplace;
(c) to any person engaged to do work at the
workplace;
(d) for inspection under the Act, if required.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
274 Elimination of airborne asbestos fibres
An asbestos removal licence holder performing
asbestos removal work must ensure that the
asbestos removal work is performed in a manner
that, so far as is reasonably practicable—

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(a) eliminates the release of airborne asbestos

fibres; and
(b) prevents the contamination of areas adjacent
to the asbestos removal area.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
275 Requirements in respect of airborne asbestos fibres
(1) This regulation applies if—
(a) an asbestos removal licence holder is
performing asbestos removal work; and
(b) asbestos paraoccupational air monitoring
is being conducted to establish whether
airborne asbestos fibres are being released
from the area where the asbestos removal
work is being performed.
(2) The asbestos removal licence holder must comply
with subregulation (4) if airborne asbestos fibre
levels in excess of 0·01 f/ml but not in excess of
0·05 f/ml are recorded.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(3) If airborne asbestos fibre levels in excess of
0·05 f/ml are recorded, the asbestos removal
licence holder must immediately—
(a) order the asbestos removal work to stop; and
(b) notify the Authority; and
(c) comply with subregulation (4).
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).

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(4) The asbestos removal licence holder must

immediately—
(a) investigate the cause of the high levels of
airborne asbestos fibres; and
(b) implement controls to—
(i) prevent exposure of any person to
airborne asbestos fibres; and
(ii) prevent further release of airborne
asbestos fibres.
(5) If an asbestos removal licence holder has
stopped the asbestos removal work due to airborne
asbestos fibre levels in excess of 0·05 f/ml being
recorded, the licence holder must ensure that the
asbestos removal work does not recommence until
asbestos paraoccupational air monitoring indicates
the level of airborne asbestos fibres is at or below
0·01 f/ml.
Note
Act compliance—section 22(1) (see regulation 7).
276 Protective clothing and protective equipment for
persons performing asbestos removal work
(1) An asbestos removal licence holder must—
(a) provide employees performing asbestos
removal work with—
(i) personal protective clothing that is
suitable for the asbestos removal work
being performed; and
(ii) respiratory protective equipment that is
suitable for the asbestos removal work
being performed; and

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(b) ensure that the clothing and equipment

provided under paragraph (a) are correctly
fitted.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) In this regulation the duties of an asbestos
removal licence holder who is an employer extend
to an independent contractor.
277 Signs and barricades
An asbestos removal licence holder performing
asbestos removal work must ensure that—
(a) appropriately placed signs and barricades
are used to indicate the area where the
removal work is being performed; and
(b) access is denied to persons other than—
(i) persons performing the asbestos
removal work; and
(ii) persons engaged in work incidental to
the asbestos removal work who require
access during that work; and
Example
Occupational hygienist.
(iii) officers or other members of Victoria
Police or persons with a statutory right
to be present.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
278 Decontamination facilities
(1) An asbestos removal licence holder performing
asbestos removal work must provide facilities for
decontamination of the work area, tools and
equipment and personal decontamination for the

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duration of the asbestos removal work that are

suitable for the asbestos removal work being
performed.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) An asbestos removal licence holder performing
asbestos removal work must ensure that a person
does not remove personal protective clothing or
personal protective equipment that is likely to be
contaminated with asbestos from the area where
the asbestos removal work is being performed
unless the clothing or equipment is
decontaminated or contained before removal.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(3) An asbestos removal licence holder performing
asbestos removal work must ensure that any
equipment (other than personal protective
equipment) that is used for asbestos removal work
and that is likely to be contaminated is—
(a) decontaminated before removal from the
area where the asbestos removal work is
performed; or
(b) placed in a sealed container, the exterior of
which is decontaminated before the container
is removed from the area where the asbestos
removal work is performed.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
279 Waste containment
An asbestos removal licence holder who is
performing asbestos removal work must ensure
that—

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(a) the asbestos waste is contained so as to

eliminate the release of airborne asbestos
fibres; and
(b) the exterior of the container—
(i) is decontaminated before being
removed from the area where the
removal work was performed; and
(ii) indicates the presence of asbestos.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
280 Disposal of asbestos waste
An asbestos removal licence holder performing
asbestos removal work must ensure that asbestos
waste is disposed of—
(a) as soon as reasonably possible; and
(b) in an appropriate manner that eliminates the
release of airborne asbestos fibres; and
Reg. 280(c) (c) at a place or premises authorised under the
substituted by
S.R. No. Environment Protection Act 2017 or
88/2021 regulations made under that Act to receive
reg. 11(1).
asbestos waste.
Notes
1 Act compliance—sections 21, 23 and 24 (see regulation 7).
Note 2 to 2 The transport of asbestos waste is regulated by the
reg. 280
Environment Protection Authority.
substituted by
S.R. No.
88/2021
reg. 11(2).

281 Laundering of clothing contaminated with asbestos

(1) An asbestos removal licence holder performing
asbestos removal work must provide for the
laundering of personal protective clothing
that is likely to be contaminated with asbestos
at a laundry equipped to launder clothing

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contaminated with asbestos if that clothing is

not contained and disposed of in accordance
with regulations 279 and 280.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) If an asbestos removal licence holder
performing asbestos removal work arranges for
personal protective clothing that is likely to be
contaminated with asbestos to be laundered, the
licence holder must ensure that—
(a) the clothing is contained so as to eliminate
the release of airborne asbestos fibres; and
(b) the exterior of the container—
(i) is decontaminated before being
removed from the area where the
removal work is performed; and
(ii) indicates the presence of asbestos
before the clothing is transferred to the
laundry.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
282 Medical examinations
(1) An asbestos removal licence holder must arrange
for an appropriate medical examination to be
conducted by a registered medical practitioner for
each person engaged in asbestos removal work.
Note
Act compliance—section 22(1) (see regulation 7).
(2) An asbestos removal licence holder must ensure
that medical examinations are provided—
(a) before the person commences asbestos
removal work for the first time for that
licence holder unless the person has had an

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appropriate medical examination within the

preceding year; and
(b) at intervals of not more than 2 years; and
(c) within 30 days after the person ceases
asbestos removal work unless the person
has had an appropriate medical examination
within the preceding year.
Note
Act compliance—section 22(1) (see regulation 7).
(3) In this regulation the duties of an asbestos
removal licence holder who is an employer in
relation to medical examinations extend to an
independent contractor.
Note
Act compliance—section 23 (see regulation 7).
283 Results of medical examinations
(1) The asbestos removal licence holder must obtain a
summary of results of a medical examination of a
person carried out as required by regulation 282,
indicating whether an asbestos-related disease
exists and the fitness of the person to engage in
asbestos removal work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The asbestos removal licence holder must keep a
copy of the summary of results obtained under
this regulation for—
(a) a period (not exceeding 30 years) determined
by the Authority; or
(b) if no period has been determined by the
Authority, 30 years.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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Subdivision 4—Additional duties—Class A

asbestos removal work
284 Application of Subdivision
This Subdivision applies to Class A asbestos
removal work.
285 Asbestos removal supervisor to be on-site
An asbestos removal licence holder must ensure
that an asbestos removal supervisor appointed
in accordance with regulation 266 to supervise
the asbestos removal work is on-site at all times
when Class A asbestos removal work is being
performed.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
286 Specific measures to control risk
(1) A Class A asbestos removal licence holder must,
so far as is reasonably practicable, enclose the
area where the Class A asbestos removal work is
performed so as to prevent the release of airborne
asbestos fibres.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) For the purposes of subregulation (1), a Class A
asbestos removal licence holder must ensure, so
far as is reasonably practicable, that the enclosure
is smoke-tested by using a smoke-generating
device to detect any leaks or other deficiencies in
the enclosure before asbestos removal work
commences.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).

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(3) A Class A asbestos removal licence holder must,

so far as is reasonably practicable, use a wet
method when performing Class A asbestos
removal work.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(4) For the purposes of subregulation (3), wet method
means the use of water or another wetting agent
to soak or totally saturate the asbestos, or the
spraying of water or another wetting agent on the
asbestos, but does not include the use of a high
pressure water jet.
Note
Regulation 216 prohibits the use of certain tools.
287 Asbestos paraoccupational air monitoring
requirements
If asbestos paraoccupational air monitoring is
required under regulation 292, the Class A
asbestos removal licence holder must not—
(a) commence asbestos removal work until the
asbestos paraoccupational air monitoring has
commenced; or
(b) if asbestos paraoccupational air monitoring
has already commenced, recommence
asbestos removal work until the results of
the most recent air monitoring have been
obtained.
Note
Act compliance—section 22(1) (see regulation 7).

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288 Results of asbestos paraoccupational air monitoring

to be readily accessible
(1) The Class A asbestos removal licence holder must
ensure that results of asbestos paraoccupational air
monitoring are readily accessible to employees at
the workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) In this regulation, the duties of an asbestos
removal licence holder who is an employer extend
to an independent contractor.
289 Use of glove bags
(1) Regulations 286(2), 287 and 292 do not apply if
glove bags are being used for removal work.
(2) The Class A asbestos removal licence holder
must, in a proper and safe manner, dismantle and
dispose of any glove bag used to enclose the area
where the asbestos removal work was performed.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
290 Requirements at the end of removal work
(1) The Class A asbestos removal licence holder
must not dismantle any structure used to enclose
the area where the Class A asbestos removal
work was performed until results of any asbestos
paraoccupational air monitoring received from the
person who commissioned the asbestos removal
work in accordance with regulation 295 show that
the airborne asbestos fibre level does not exceed
0·01 f/ml.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).

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(2) The asbestos removal licence holder must

dismantle any structure used to enclose the
asbestos removal area in a manner that, so far
as is reasonably practicable, eliminates the
release of airborne asbestos fibres.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).

Subdivision 5—Duties of person who commissioned

asbestos removal work
291 Application of Subdivision
(1) The duties in this Subdivision apply to a person
who commissions Class A or Class B asbestos
removal work.
(2) In the case of domestic premises, the asbestos
removal licence holder is the person who
commissions asbestos removal work for the
purposes of this Subdivision.
292 Asbestos paraoccupational air monitoring
(1) A person who commissions Class A asbestos
removal work must arrange for asbestos
paraoccupational air monitoring to be conducted
before the work commences and for the duration
of the work if—
(a) the asbestos removal work will be performed
indoors; or
(b) the asbestos removal work will be performed
outdoors and will constitute a risk to other
persons.
Note
Act compliance—sections 22(1) and 26 (see regulation 7).
(2) A person who commissions Class A asbestos
removal work must arrange for an asbestos
paraoccupational air monitoring sample to be

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analysed as soon as reasonably possible after it is

taken.
Note
Act compliance—sections 22(1) and 26 (see regulation 7).
293 Results of monitoring to be made available
(1) A person who commissions Class A asbestos
removal work must provide the results of asbestos
paraoccupational air monitoring to the asbestos
removal licence holder as soon as the results are
received.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) A person who commissions Class A asbestos
removal work must ensure that a copy of the
results of asbestos paraoccupational air
monitoring is readily accessible to the health and
safety representative of any affected designated
work group and to any affected employees or
independent contractors.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
294 Requirements at end of removal work
(1) On completion of Class A or Class B asbestos
removal work, the person who commissioned the
asbestos removal work must arrange for a visual
inspection by an independent person to verify that
there is no visible asbestos residue remaining as a
result of the work in the area where the work was
performed or in the area immediately surrounding
the area where the work was performed.
Note
Act compliance—sections 21, 23, 24 and 26
(see regulation 7).

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Reg. 294(1A) (1A) Despite subregulation (1), a visual inspection

inserted by by an independent person is not required if the
S.R. No.
71/2018 asbestos removal work consisted only of the
reg. 13. removal of non-friable asbestos-containing
material not exceeding 10 square metres in
total.
(2) On completion of Class A asbestos removal
work for which asbestos paraoccupational
air monitoring was required, the person who
commissioned the asbestos removal work
must arrange for asbestos paraoccupational air
monitoring to be conducted within the enclosed
area, to verify that the airborne asbestos fibre
level is less than 0·01 f/ml.
Note
Act compliance—sections 22(1) and 26 (see regulation 7).
295 Results of inspection and monitoring to go to licence
holder
The person who commissioned the Class A or
Class B asbestos removal work must ensure that
the results of the inspection and monitoring under
regulation 294 are provided to the asbestos
removal licence holder.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
296 Independent person to have requisite knowledge,
skills and experience
The person who commissioned the Class A or
Class B asbestos removal work must ensure that
the independent person performing duties under
regulation 294 or 297 has the requisite knowledge,
skills and experience to undertake those duties.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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297 Clearance certificates

(1) The person who commissioned the Class A
or Class B asbestos removal work must obtain a
clearance certificate from an independent person
on completion of the asbestos removal work and
before the area where the asbestos removal work
was being performed is re-occupied.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) A clearance certificate must state that—
(a) an inspection by an independent person
has found that there is no visible asbestos
residue remaining as a result of the asbestos
removal work in the area where the asbestos
removal work was performed or in the area
immediately surrounding the area where the
asbestos removal work was performed; and
(b) if required under regulation 292 or 294,
asbestos paraoccupational air monitoring in
the area where the asbestos removal work
was performed indicates that the airborne
asbestos fibre level is less than 0·01 f/ml.
(3) Despite subregulations (1) and (2), a clearance
certificate is not required if the asbestos
removal work consisted only of the removal
of non-friable asbestos-containing material not
exceeding 10 square metres in total.

Subdivision 6—Notice procedures

298 Notice of asbestos removal work
(1) Subject to subregulation (7) and regulation 299(2),
an asbestos removal licence holder must notify the
Authority of asbestos removal work in accordance
with subregulation (2)—

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(a) if the work involves removal of a total area

of 10 square metres or less of non-friable
asbestos-containing material that is present
in a building, structure, ship or plant, at least
24 hours before the work commences; or
(b) in any other case, at least 5 days before the
work commences.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) A notice under subregulation (1) must be in
writing and include the information in
Schedule 13.
(3) Before commencing the asbestos removal work,
the asbestos removal licence holder must give a
copy of the notice under subregulation (1) to the
person who commissioned the asbestos removal
work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(4) If any change occurs to any information provided
at any time by the asbestos removal licence holder
to the Authority in relation to the notice of a
matter that is ongoing (whether in notifying the
matter, under this regulation or in any other
circumstance), the asbestos removal licence
holder must advise the Authority in writing of
that change as soon as reasonably possible after
the licence holder becomes aware that the change
has occurred.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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(5) Subregulation (4) does not apply in relation to a

change of supervisor.
(6) An asbestos removal licence holder may proceed
with the asbestos removal work despite advising
the Authority of a change under subregulation (4).
(7) The Authority may vary the notice requirements
under this regulation by including a specific
condition in a licence with respect to notice.
299 Notice in an unexpected situation
(1) This regulation applies to the following situations
(an unexpected situation)—
(a) a sudden, unexpected event, including
work required by non-routine failures of
equipment, that may result in persons being
exposed to airborne asbestos fibres; or
(b) an unexpected breakdown of an essential
service (including gas, water, sewerage,
electricity and telecommunications) that
requires immediate rectification to enable
continuance of that service.
(2) In an unexpected situation, the asbestos removal
licence holder must, not later than 24 hours after
commencing asbestos removal work, notify the
Authority of the removal work in accordance with
subregulation (3).
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) A notice under subregulation (2) must be in
writing and include the information in
Schedule 13.
(4) If any change occurs to any information provided
at any time by the asbestos removal licence
holder to the Authority in relation to the notice
of a matter that is ongoing (whether in notifying

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the matter, under this regulation or in any other

circumstance), the asbestos removal licence
holder must advise the Authority in writing of
that change as soon as reasonably possible after
the licence holder becomes aware that the change
has occurred.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(5) Subregulation (4) does not apply in relation to a
change of supervisor.
(6) The Authority may vary the notice requirements
under this regulation by including a specific
condition in a licence with respect to the notice.

Subdivision 7—Duties to inform

300 Information to be provided to those in area
An employer at a workplace must, before
asbestos removal work commences at the
workplace, inform employees in the immediate
and adjacent areas of the workplace of the
proposed removal work.
Note
Act compliance—sections 21 and 23 (see regulation 7).
301 Information to be provided to persons occupying
premises in immediate and adjacent areas
(1) An employer or self-employed person who
is commissioned to perform work for a person
and intends to perform limited asbestos removal
work must, before the limited asbestos removal
work commences, inform the person who
commissioned the asbestos removal work about
the proposed limited asbestos removal work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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(2) A person who commissions asbestos

removal work or who has been informed of
proposed limited asbestos removal work under
subregulation (1) must before the work
commences inform all employers and other
persons occupying premises in the immediate
and adjacent areas to where the work will take
place about the work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) An employer who has been informed about
asbestos removal work in accordance with
subregulation (2) must before the work
commences inform employees in the immediate
and adjacent areas to where the work will take
place about the work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(4) For the purposes of this regulation, the employer
or self-employed person performing the asbestos
removal work is the person who commissions the
asbestos removal work if the work will be
performed at domestic premises.

Division 8—Activities involving asbestos

302 Application of Division
This Division applies to the following activities
(asbestos-related activities) that are carried out at
a workplace—
(a) the handling, including for the purpose
of removal or transport for disposal, of
aircraft and automotive components that are
asbestos-containing material or that have
asbestos-containing material fixed to them
or installed in them;

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(b) the laundering of clothing contaminated with

asbestos;
(c) research involving asbestos;
(d) sampling or analysis involving suspected
asbestos;
(e) the transport of asbestos waste for disposal
purposes;
Reg. 302(f) (f) working at a place or premises authorised
substituted by
S.R. No. under the Environment Protection
88/2021 Act 2017 or regulations made under that Act
reg. 12.
to receive asbestos waste;
(g) the enclosing or sealing of asbestos;
(h) hand-drilling and cutting of
asbestos-containing material;
(i) maintenance of dust extraction equipment,
contaminated with asbestos;
(j) processing of construction and demolition
material in accordance with the method
determined by the Authority under
regulation 206(b);
(k) any other activity (other than asbestos
removal work to which Division 7 applies)
that is likely to produce airborne asbestos
fibres in excess of one half of the asbestos
exposure standard;
(l) any other activity determined by the
Authority for the purposes of this Division.
Note
The general requirements of Divisions 1 and 2, and the
prohibitions in Divisions 3 and 4, also apply to the activities
listed in this Division.

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303 Identification of asbestos-related activities

An employer must identify whether an
asbestos-related activity is being carried out
at the employer's workplace.
Note
Act compliance—sections 21 and 23 (see regulation 7).
304 Uncertainty as to presence of asbestos
(1) If there is uncertainty (based on reasonable
grounds) as to whether an activity is an
asbestos-related activity, the employer must—
(a) assume that asbestos is present; or
(b) arrange for analysis of a sample to be
undertaken.
Note
Act compliance—sections 21 and 23 (see regulation 7).
(2) If asbestos is assumed to be present under
subregulation (1), it is taken to be identified
for the purposes of this Division.
305 Asbestos register must be obtained
(1) If any asbestos-related activities set out in
subregulation (2) are carried out at an employer's
workplace, the employer must obtain—
(a) a copy of the asbestos register in relation to
the activities; or
(b) if there are other employers at the workplace
where the activities are carried out, a copy of
the employer's asbestos register of each of
those other employers.
Note
Act compliance—sections 21 and 23 (see regulation 7).

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(2) For the purposes of subregulation (1) the relevant

asbestos-related activities are—
(a) activities specified in paragraphs (d), (g)
and (h) of regulation 302; and
(b) activities specified in paragraphs (c), (k)
and (l) of regulation 302, if an asbestos
register or employer's asbestos register is
available.
(3) This regulation does not apply if the
asbestos-related activity will be carried out
at a domestic premises and the person who
commissioned the activity is the occupier of
those premises.
306 Elimination of airborne asbestos fibres
An employer must ensure that, when carrying out
an asbestos-related activity, the activity is carried
out in a manner that, so far as is reasonably
practicable, eliminates the release of airborne
asbestos fibres.
Note
Act compliance—sections 21 and 23 (see regulation 7).
307 Specific measures to control risk
(1) An employer must, so far as is reasonably
practicable, eliminate any risk associated with
an asbestos-related activity.
(2) If it is not reasonably practicable to eliminate a
risk associated with an asbestos-related activity,
the employer must reduce the risk so far as is
reasonably practicable by—
(a) isolation; or
(b) using engineering controls; or
(c) combining the risk control measures referred
to in paragraphs (a) and (b).

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(3) If the employer has complied with subregulations

(1) and (2) so far as is reasonably practicable
and a risk associated with an asbestos-related
activity remains, the employer must reduce the
risk so far as is reasonably practicable by using
administrative controls.
(4) If the employer has complied with subregulations
(1), (2) and (3) so far as is reasonably practicable
and a risk associated with an asbestos-related
activity remains, the employer must reduce
the risk so far as is reasonably practicable by
providing personal protective equipment to
employees at risk.
(5) If an employer provides personal protective
equipment under subregulation (4), the employer
must ensure that—
(a) the person carrying out the asbestos-related
activity is provided with—
(i) personal protective clothing that is
suitable for the activity being carried
out; and
(ii) respiratory protective equipment that is
suitable for the activity being carried
out; and
(b) the clothing and equipment provided under
paragraph (a) are correctly fitted.
Notes
1 Act compliance—sections 21 and 23 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to consult
with employees, including in respect of making decisions
about the measures to be taken to control risks to health or
safety. This consultation must involve the health and safety
representative (if any). See also regulation 21.

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308 Review of risk control measures

(1) An employer must review and, if necessary,
revise any measures implemented to control risks
associated with an asbestos-related activity—
(a) before any change is made to systems of
work related to the activity that is likely to
increase the risk to health or safety; or
(b) after any incident occurs to which Part 5
of the Act applies that involves an
asbestos-related activity; or
(c) if, for any other reason, the risk control
measures do not adequately control the risks;
or
(d) after receiving a request from a health and
safety representative.
Note
Act compliance—sections 21 and 23 (see regulation 7).
(2) A health and safety representative may make a
request under subregulation (1)(d) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulation (1)(a), (b) and (c) exist; or
(b) the employer has failed—
(i) to properly review the risk control
measures; or
(ii) to take account of any of the
circumstances referred to in
subregulation (1)(a), (b) and (c) in
conducting a review of, or revising,
the risk control measures.

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309 Work area to be separate and signed

An employer must ensure that the work area used
for an asbestos-related activity—
(a) is kept separate from any other work area;
and
(b) so far as is reasonably possible, has
appropriately placed signs and barricades
that indicate the area where the activity is
being carried out.
Note
Act compliance—sections 21 and 23 (see regulation 7).
310 Work area to be kept clean
(1) An employer must ensure, so far as is reasonably
practicable, that the work area used for an
asbestos-related activity is kept clean.
Note
Act compliance—sections 21 and 23 (see regulation 7).
(2) An employer must ensure that the methods used to
clean the work area—
(a) do not create a risk to health; and
(b) do not have the potential to spread airborne
asbestos fibres beyond the work area.
Notes
1 Act compliance—sections 21 and 23 (see regulation 7).
2 Regulation 216 prohibits the use of certain tools at a
workplace.
311 Medical examinations
(1) An employer must arrange for an appropriate
medical examination to be conducted by a
registered medical practitioner for each employee
engaged in ongoing asbestos-related activities if

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there is a risk of exposure to airborne asbestos

fibres in excess of one half of the asbestos
exposure standard.
Note
Act compliance—section 22(1) (see regulation 7).
(2) Respiratory protective equipment must not be
taken into account in establishing whether there is
a risk of exposure to airborne asbestos fibres in
excess of one half of the asbestos exposure
standard.
(3) An employer must ensure that atmospheric
monitoring is provided if there is uncertainty
(based on reasonable grounds) as to whether a
medical examination may be required under this
Division.
Note
Act compliance—section 22(1) (see regulation 7).
(4) An employer must ensure that medical
examinations are provided to an employee—
(a) at intervals of not more than 2 years; and
(b) within 30 days after the employee has
ceased an asbestos-related activity, unless
the employee has had a medical examination
within the preceding year.
Note
Act compliance—section 22(1) (see regulation 7).
(5) In this regulation the duties of an employer in
relation to medical examinations extend to an
independent contractor.
Note
Act compliance—section 23 (see regulation 7).

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312 Results of atmospheric monitoring to be made

available
An employer must ensure that copies of the
results of atmospheric monitoring under this Part
are readily accessible to the health and safety
representative of any affected designated work
group and to the affected employees.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
313 Results of medical examinations
(1) An employer must obtain a summary of results of
a medical examination of a person carried out as
required by regulation 311 indicating whether an
asbestos-related disease exists and the person's
fitness for asbestos-related activities.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The employer must keep a copy of the summary
of results obtained under subregulation (1) for—
(a) a period (not exceeding 30 years) determined
by the Authority; or
(b) if no period has been determined by the
Authority, 30 years.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
314 Decontamination facilities
(1) An employer carrying out an asbestos-related
activity must ensure that a person does not remove
personal protective equipment that is likely to be
contaminated with asbestos from the work area

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used for the activity unless the equipment is

decontaminated or contained before its removal.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) An employer carrying out an asbestos-related
activity must ensure that any equipment
(other than personal protective equipment) that
is used for the activity and that is likely to be
contaminated with asbestos is—
(a) decontaminated before removal from the
work area used for the activity; or
(b) placed in a sealed container, the exterior of
which is decontaminated before the container
is removed from the work area used for the
activity.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
Note
Personal protective equipment includes personal protective
clothing under regulation 5.
315 Waste containment
An employer carrying out an asbestos-related
activity must ensure that—
(a) any asbestos derived from or associated with
the activity, and that is no longer required in
connection with the activity, is contained so
as to eliminate the release of airborne
asbestos fibres; and
(b) the exterior of the container—
(i) is decontaminated before being
removed from the work area used
for the activity; and

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(ii) indicates the presence of asbestos.

Note
Act compliance—sections 21 and 23 (see regulation 7).
316 Disposal of asbestos waste
An employer carrying out an asbestos-related
activity must ensure that asbestos waste is
disposed of—
(a) as soon as reasonably possible; and
(b) in an appropriate manner that eliminates the
release of airborne asbestos fibres; and
(c) at a place or premises authorised under the Reg. 316(c)
substituted by
Environment Protection Act 2017 or S.R. No.
regulations made under that Act to receive 88/2021
reg. 13(1).
asbestos waste.
Notes
1 Act compliance—sections 21 and 23 (see regulation 7).
2 The transport of asbestos waste is regulated by the Note 2 to
reg. 316
Environment Protection Authority.
substituted by
S.R. No.
88/2021
reg. 13(2).

317 Laundering of clothing contaminated with asbestos

(1) An employer carrying out an asbestos-related
activity must provide for the laundering of
personal protective clothing that is used for an
activity and that is likely to be contaminated with
asbestos at a laundry equipped to launder clothing
contaminated with asbestos if that clothing is not
contained and disposed of in accordance with
regulations 315 and 316.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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(2) If the employer arranges for personal protective

clothing that is likely to be contaminated with
asbestos to be laundered, the employer must
ensure that—
(a) the clothing is contained so as to eliminate
the release of airborne asbestos fibres; and
(b) the exterior of the container—
(i) is decontaminated before being
removed from the work area; and
(ii) indicates the presence of asbestos
before the clothing is transferred to the
laundry.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
318 Provision of information to job applicants
An employer must provide each applicant who
applies for employment with the employer to
carry out an asbestos-related activity (other than
activities specified in paragraphs (h) and (k) of
regulation 302) with information about the nature
of the hazard and the risks associated with
exposure to airborne asbestos fibres.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.
319 Training record
An employer must—
(a) make a record of any training provided
in relation to carrying out asbestos-related
activities; and

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(b) keep that record for so long as it is

applicable.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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Part 4.5—Crystalline silica

Pt 4.5
(Heading and
Part 4.5—Crystalline silica
regs 319A–
319C)
inserted by
Division 1—Introductory matters
S.R. No.
71/2019 reg. 4,
amended by
S.R. Nos
84/2020 reg. 3,
8/2021 reg. 3,
substituted as
Pt 4.5
(Headings
and
regs 319A–
319ZL) by
S.R. No.
137/2021
reg. 7.

Reg. 319A 319A Application of Part

substituted by
S.R. No.
137/2021
This Part applies in addition to Part 4.1
reg. 7. (Hazardous substances).
Reg. 319B 319B What is a crystalline silica process?
substituted by
S.R. No.
137/2021
A crystalline silica process consists of one or
reg. 7. more of the following processes carried out at a
workplace—
(a) the use of a power tool or other form of
mechanical plant to—
(i) cut, grind, polish or crush material
containing crystalline silica; or
(ii) carry out any other activity involving
material containing crystalline silica
that generates crystalline silica dust;
(b) the use of a roadheader on an excavated face
if the material in the face contains crystalline
silica;
(c) a process that exposes a person to crystalline
silica dust arising from the manufacture or
handling of material that contains crystalline
silica;

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(d) the mechanical screening of crushed material

containing crystalline silica;
(e) a quarrying process involving material
containing crystalline silica;
(f) a tunnelling process involving material
containing crystalline silica;
(g) a process determined by the Authority under
regulation 6(1)(oa) to be a crystalline silica
process.
319C What is high risk crystalline silica work? Reg. 319C
substituted by
S.R. No.
High risk crystalline silica work is work 137/2021
performed in connection with a crystalline silica reg. 7.
process that is reasonably likely to result in—
(a) an airborne concentration of respirable
crystalline silica that exceeds half the
exposure standard for respirable crystalline
silica; or
(b) a risk to the health of a person at the
workplace.
319D What is a crystalline silica hazard control Reg. 319D
inserted by
statement? S.R. No.
137/2021
A crystalline silica hazard control statement is a reg. 7.
document prepared for high risk crystalline silica
work that—
(a) states the hazards and risks associated with
that work; and
(b) sufficiently describes measures to control
those risks; and
Note
Regulation 163 sets out the duty of an employer to control
risks associated with silica dust produced or generated at a
workplace. See also regulation 154.

(c) describes how the risk control measures are

to be implemented; and

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(d) if an analysis is required under regulation

319O, contains the results of that analysis;
and
(e) is set out and expressed in a way that is
readily accessible and comprehensible to the
persons who use it.
Reg. 319E 319E What is an engineered stone process?
inserted by
S.R. No.
137/2021
An engineered stone process is a process
reg. 7. involving engineered stone at a workplace that
generates crystalline silica dust, including cutting,
grinding or abrasive polishing of engineered
stone.

Division 2—Duties of manufacturers and suppliers

Reg. 319F 319F Application of Division
inserted by
S.R. No. (1) This Division applies on and from 15 May 2022.
137/2021
reg. 7. (2) This Division applies to the manufacture and
supply of crystalline silica substances.
Note
Supply includes supply of crystalline silica substances by an
importing supplier.
(3) In this Division, the duties of a manufacturer only
apply to the manufacture of a crystalline silica
substance at a workplace for sale or exchange to
another workplace.
Reg. 319G 319G Manufacturer or supplier to give information about
inserted by
S.R. No. crystalline silica substances
137/2021
reg. 7. (1) A manufacturer or supplier of a crystalline silica
substance must give the following information to
a person referred to in subregulation (2)—
(a) the proportion of crystalline silica contained
in the substance, expressed as a percentage;

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(b) the name, address and telephone number

of—
(i) the manufacturer of the crystalline
silica substance in Australia; or
(ii) the importing supplier of the crystalline
silica substance in Australia;
(c) exposure controls, exposure standards,
engineering controls and personal protection
information in relation to the crystalline
silica substance;
(d) information relating to the handling and
storage of the crystalline silica substance,
including how the substance may be safely
used.
Note
Act compliance—sections 29 and 30 (see regulation 7).
(2) The information required under subregulation (1)
must be given—
(a) in writing; and
(b) to any person to whom the crystalline silica
substance is supplied on or before the first
occasion that the crystalline silica substance
is supplied to that person; and
(c) on request, to an employer who proposes to
use the crystalline silica substance at a
workplace.
Note
Act compliance—sections 29 and 30 (see regulation 7).
319H Review and revision of information Reg. 319H
inserted by
S.R. No.
(1) A manufacturer or supplier of a crystalline silica 137/2021
substance must review and, if necessary, revise reg. 7.
the information referred to in regulation 319G(1)
for that substance—

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(a) as often as is necessary to ensure the

information is current and accurate; and
(b) at least every 5 years.
Note
Act compliance—sections 29 and 30 (see regulation 7).
(2) If a manufacturer or supplier of a crystalline silica
substance revises information under subregulation
(1), the manufacturer or supplier must give the
revised information to any person to whom the
substance is supplied on or before the first
occasion that the substance is supplied to that
person after the revision.
Note
Act compliance—sections 29 and 30 (see regulation 7).

Division 3—Duties of employers and self-employed

persons

Subdivision 1—High risk crystalline silica work

Reg. 319I 319I Application of Subdivision
inserted by
S.R. No. (1) This Subdivision applies on and from 15 May
137/2021 2022.
reg. 7.
(2) This Subdivision does not apply to—
(a) an employer or a self-employed person who
is an engineered stone licence holder; or
Note
Division 4 sets out requirements that apply to
engineered stone licence holders.
(b) a person undertaking an engineered stone
process referred to in Division 5.

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319J Identification of high risk crystalline silica work Reg. 319J

inserted by
(1) Before an employer or a self-employed person S.R. No.
undertakes a crystalline silica process or 137/2021
reg. 7.
combination of crystalline silica processes, the
employer or self-employed person must—
(a) conduct a risk assessment in accordance with
this regulation to identify whether the
crystalline silica process or combination of
crystalline silica processes is high risk
crystalline silica work; or
(b) identify the crystalline silica process or
combination of crystalline silica processes as
high risk crystalline silica work.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) In conducting a risk assessment under this
regulation, the employer or self-employed person
must take into account the following—
(a) the specific tasks or processes required to be
undertaken with material containing
crystalline silica;
(b) the form of crystalline silica to be used;
(c) the proportion of crystalline silica contained
in the material;
(d) previous atmospheric monitoring results;
(e) the likely frequency and duration of
exposure to crystalline silica dust;
(f) any information about incidents, illnesses or
diseases associated with exposure to
crystalline silica dust at the workplace.

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(3) In conducting a risk assessment under this

regulation, it is not sufficient compliance with this
regulation for the employer or self-employed
person to merely rely on the effect of any
measures implemented to control exposure to
crystalline silica dust in accordance with
regulation 163.
Note
Regulation 163 sets out the duty of an employer to control
risks associated with silica dust produced or generated at a
workplace. See also regulation 154.
(4) If an employer or a self-employed person is
unable to identify whether a crystalline silica
process or combination of crystalline silica
processes is high risk crystalline silica work, the
process or combination of processes must be
treated as high risk crystalline silica work until the
employer or self-employed person can identify
that the process or combination of processes is not
high risk crystalline silica work.
Reg. 319K 319K Record of high risk crystalline silica work
inserted by
S.R. No.
137/2021
(1) An employer or a self-employed person who
reg. 7. conducts a risk assessment under regulation
319J(1)(a) must make a written record that—
(a) describes how the matters referred to in
regulation 319J(2) have been taken into
account; and
(b) identifies whether or not the crystalline silica
process or combination of crystalline silica
processes is high risk crystalline silica work.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) An employer or a self-employed person who
makes a written record under subregulation (1)
must keep the record for the period during which

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the crystalline silica process or combination of

crystalline silica processes is undertaken at the
workplace.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(3) An employer who makes a written record under
subregulation (1) must make the record readily
accessible for the period during which the
crystalline silica process or combination of
crystalline silica processes is undertaken at the
workplace to—
(a) any employee who may be exposed to
crystalline silica dust; and
(b) the health and safety representative of any
affected designated work group.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
319L Crystalline silica hazard control statement required Reg. 319L
inserted by
for high risk crystalline silica work S.R. No.
137/2021
(1) An employer or a self-employed person must not reg. 7.
perform high risk crystalline silica work unless—
(a) a crystalline silica hazard control statement
is prepared for the work before the work
commences; and
(b) the work is performed in accordance with
that statement.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) If high risk crystalline silica work is not
performed in accordance with a crystalline silica
hazard control statement prepared under
subregulation (1), the employer or self-employed
person must—

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(a) stop that work immediately or as soon as it is

safe to do so; and
(b) not resume the work until the statement is—
(i) complied with; or
(ii) reviewed and, if necessary, revised in
accordance with regulation 319M.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(3) For high risk crystalline silica work that is high
risk construction work, if a safe work method
statement prepared under regulation 327 addresses
the matters required by a crystalline silica hazard
control statement—
(a) preparation of that safe work method
statement is sufficient compliance with the
requirement to prepare a crystalline silica
hazard control statement; and
(b) compliance with that safe work method
statement is sufficient compliance with a
crystalline silica hazard control statement in
relation to the risk to health or safety of
exposure to crystalline silica dust.
Reg. 319M 319M Crystalline silica hazard control statement to be
inserted by
S.R. No. reviewed and revised
137/2021
reg. 7. An employer or a self-employed person
performing high risk crystalline silica work must
review and, if necessary, revise the crystalline
silica hazard control statement required under
regulation 319L for that work—
(a) whenever the work changes; or
(b) if there is an indication that risk control
measures (including risk control measures
required under regulation 163) are not
controlling the risks adequately, including

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after any incident that occurs during high

risk crystalline silica work.
Notes
1 Act compliance—sections 21, 23 and 24 (see regulation 7).
2 Regulation 163 sets out the duty of an employer to control
risks associated with silica dust produced or generated at a
workplace. See also regulation 154.
319N Copy of crystalline silica hazard control statement Reg. 319N
inserted by
to be kept S.R. No.
137/2021
An employer or a self-employed person must keep reg. 7.
a copy of a crystalline silica hazard control
statement for the duration of the high risk
crystalline silica work for which the statement has
been prepared.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
319O Analysis of material to be used in quarrying or Reg. 319O
inserted by
tunnelling process S.R. No.
137/2021
If high risk crystalline silica work involves a reg. 7.
quarrying or tunnelling process, an employer or a
self-employed person, before the work
commences, must—
(a) collect samples of materials to be used in the
quarrying or tunnelling process; and
(b) arrange for analysis of those samples by a
suitably competent person to identify the
proportion of crystalline silica contained in
each sample.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).

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Subdivision 2—Provision of information for high

risk crystalline silica work
Reg. 319P 319P Application of Subdivision
inserted by
S.R. No. (1) This Subdivision applies on and from 15 May
137/2021 2022.
reg. 7.
(2) This Subdivision does not apply to—
(a) an employer or a self-employed person who
is an engineered stone licence holder; or
Note
Division 4 sets out requirements that apply to
engineered stone licence holders.
(b) a person undertaking an engineered stone
process referred to in Division 5.
Reg. 319Q 319Q Information to job applicants
inserted by
S.R. No.
137/2021
An employer must ensure that an applicant who
reg. 7. applies for employment with the employer
involving high risk crystalline silica work is given
information about—
(a) the health risks associated with exposure to
crystalline silica dust; and
(b) the need for, and details of, measures to
control those risks.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.
Reg. 319R 319R Information, instruction and training for employees
inserted by
S.R. No.
137/2021
An employer must ensure that employees who are
reg. 7. likely to be exposed to risks associated with high
risk crystalline silica work are given information,
instruction and training in—

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(a) the health risks associated with exposure to

crystalline silica dust; and
(b) the need for, and proper use of, any risk
control measures required under these
Regulations; and
(c) how the risk control measures are to be
implemented.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Note
Regulation 163 sets out the duty of an employer to control risks
associated with silica dust produced or generated at a workplace.
See also regulation 154.

Subdivision 3—Specific measures to control risks

associated with engineered stone
319S Specific risk control measures—use of power tool or Reg. 319S
mechanical plant inserted by
S.R. No.
(1) If a power tool or other form of mechanical plant 137/2021
reg. 7.
is used to undertake an engineered stone process,
an employer or a self-employed person must
ensure that the power tool or mechanical plant is
used with—
(a) an integrated water delivery system that
complies with subregulation (2); or
(b) an on tool dust extraction system that is
commercially available and is connected
to—
(i) a Dust Class H Vacuum; or
(ii) another system that captures any dust
generated by the use of the power tool
or mechanical plant; or

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(c) if it is not reasonably practicable to use the

systems referred to in paragraphs (a) or (b),
local exhaust ventilation.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) For the purposes of subregulation (1)(a), an
integrated water delivery system must—
(a) deliver a continuous supply of water to the
point of contact with the stone while the
power tool or mechanical plant is in use; and
(b) if the system uses recycled or recirculated
water, adequately treat that water.
Reg. 319T 319T Specific risk control measures—design and
inserted by
S.R. No. installation
137/2021
reg. 7. An employer or a self-employed person who is
required to use a system under regulation 319S
must ensure that the system is designed and
installed to—
(a) so far as is reasonably practicable, eliminate
any risk of exposure to crystalline silica dust;
or
(b) if it is not reasonably practicable to eliminate
the risk, reduce the risk so far as is
reasonably practicable.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
Reg. 319U 319U Specific risk control measures—use and
inserted by
S.R. No. maintenance
137/2021
reg. 7. An employer or a self-employed person who is
required to use a system under regulation 319S
must ensure that the system is used and
maintained in a manner that—

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(a) so far as is reasonably practicable, eliminates

any risk of exposure to crystalline silica dust;
or
(b) if it is not reasonably practicable to eliminate
the risk, reduces the risk so far as is
reasonably practicable.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
319V Specific risk control measures—respiratory Reg. 319V
inserted by
protective equipment S.R. No.
137/2021
(1) An employer must ensure that an employee who reg. 7.
undertakes an engineered stone process is
provided with respiratory protective equipment.
Note
Act compliance—section 21 (see regulation 7).
(2) An employer must ensure that an employee uses
the respiratory protective equipment provided
under subregulation (1).
Note
Act compliance—section 21 (see regulation 7).
319W Specific risk control measures—information, Reg. 319W
inserted by
instruction and training S.R. No.
137/2021
An employer must ensure that an employee who reg. 7.
uses a power tool or other form of mechanical
plant to undertake an engineered stone process is
provided with information, instruction and
training in—
(a) the use of that power tool or mechanical
plant in accordance with regulation 319S;
and
(b) the use, fit, maintenance and storage of
respiratory protective equipment provided
under regulation 319V.

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Note
Act compliance—section 21 (see regulation 7).
Reg. 319X 319X Specific risk control measures—cleaning
inserted by
S.R. No.
137/2021
An employer or a self-employed person must not
reg. 7. use or cause to be used compressed air or other
compressed gases to clean the following, unless
the use of that air or gas does not result in a
concentration of respirable crystalline silica that
exceeds the exposure standard for respirable
crystalline silica—
(a) a work area where an engineered stone
process has been undertaken;
(b) if a person has been in a work area where an
engineered stone process is being or has been
undertaken, the clothing the person was
wearing in that area.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).

Division 4—Licensing requirements

Reg. 319Y 319Y Application of Division
inserted by
S.R. No. This Division applies to engineered stone in
137/2021 addition to Part 4.1 (Hazardous substances).
reg. 7.

Reg. 319Z 319Z Requirement to hold engineered stone licence

inserted by
S.R. No.
137/2021
(1) An employer or a self-employed person must hold
reg. 7. an engineered stone licence if an engineered stone
process is undertaken at the workplace for which
the employer or self-employed person is
responsible.
Note
Part 6.1 (Licences) sets out the process for obtaining an
engineered stone licence.

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(2) Subject to subregulation (3), a person must not

undertake an engineered stone process at a
workplace unless the person—
(a) holds an engineered stone licence to
undertake an engineered stone process at that
workplace; or
(b) is an employee of a person referred to in
paragraph (a).
Note
See section 40(4) of the Act.
(3) A person referred to in subregulation (2) may
undertake an engineered stone process at a
workplace other than the workplace to which the
licence relates if—
(a) the engineered stone process is necessary for
performing installation work at that other
workplace; and
(b) it is not reasonably practicable to undertake
the engineered stone process at the
workplace to which the licence relates.
319ZA Supply of engineered stone Reg. 319ZA
inserted by
S.R. No.
(1) A supplier of engineered stone must not supply 137/2021
engineered stone to a person who requires an reg. 7.
engineered stone licence and who is not an
engineered stone licence holder.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) A supplier of engineered stone must record—
(a) the name and address of any person to whom
engineered stone is supplied and the name
and quantity of the engineered stone
supplied; and

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(b) the licence number of the relevant

engineered stone licence held by the person
to whom engineered stone is supplied.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) The supplier must keep the record referred to in
subregulation (2) for at least 5 years.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
Reg. 319ZB 319ZB Information to job applicants
inserted by
S.R. No.
137/2021
An employer who is an engineered stone licence
reg. 7. holder must ensure that an applicant who applies
for employment with the employer at a workplace
where an engineered stone process is undertaken
is given information about—
(a) the health risks associated with exposure to
crystalline silica dust; and
(b) the need for, and details of, measures to
control those risks.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.
Reg. 319ZC 319ZC Information, instruction and training for employees
inserted by
S.R. No.
137/2021
An employer who is an engineered stone licence
reg. 7. holder must ensure that employees who are likely
to be exposed to risks associated with the
undertaking of an engineered stone process are
given information, instruction and training in—
(a) the health risks associated with exposure to
crystalline silica dust; and
(b) the need for, and proper use of, any risk
control measures required under these
Regulations; and

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(c) how the risk control measures are to be

implemented.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Notes
1 Regulation 163 sets out the duty of an employer to control
risks associated with silica dust produced or generated at a
workplace. See also regulation 154.
2 Subdivision 3 of Division 3 of this Part imposes duties on an
employer to implement specific measures to control risks
associated with engineered stone.
319ZD Health monitoring to be conducted by specialist Reg. 319ZD
inserted by
registered medical practitioner S.R. No.
137/2021
(1) An employer who is an engineered stone licence reg. 7.
holder and who is required under regulation 169
to ensure that health monitoring is carried out for
an employee must ensure that the health
monitoring is carried out under the supervision
of—
(a) a specialist occupational and environmental
physician; or
(b) a specialist respiratory and sleep medicine
physician.
Note
Act compliance—section 22 (see regulation 7).
(2) In this regulation—
specialist occupational and environmental
physician means a person who is registered
under the Health Practitioner Regulation
National Law as a medical practitioner
(other than as a student) in the specialty of
occupational and environmental medicine;

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specialist respiratory and sleep medicine

physician means a person who is registered
under the Health Practitioner Regulation
National Law as a medical practitioner
(other than as a student) in the specialty of
physician in the field of specialty practice of
respiratory and sleep medicine.
Reg. 319ZE 319ZE Providing health and atmospheric monitoring
inserted by
S.R. No. reports to the Authority
137/2021
reg. 7. (1) An engineered stone licence holder must provide
to the Authority a copy of—
(a) any health monitoring reports that relate to
the health of employees at the workplace to
which the licence relates, within 30 days of
the report being received by the licence
holder; and
(b) any atmospheric monitoring results that
relate to atmospheric conditions at the
workplace to which the licence relates,
within 30 days of the results being received
by the licence holder.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The engineered stone licence holder is not
required to provide the Authority with a health
monitoring report under regulation 170 if that
report would be identical to that which is provided
under subregulation (1).
Reg. 319ZF 319ZF Engineered stone control plan required
inserted by
S.R. No.
137/2021
(1) An engineered stone licence holder must—
reg. 7.
(a) prepare an engineered stone control plan in
accordance with subregulation (2) before
work that requires an engineered stone
licence is undertaken; and

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(b) ensure that the work is performed in

accordance with the engineered stone control
plan.
(2) An engineered stone control plan must—
(a) identify the work undertaken by the licence
holder that requires an engineered stone
licence; and
(b) state the hazards and risks associated with
that work; and
(c) sufficiently describe measures to control
those risks; and
Notes
1 Regulation 163 sets out the duty of an employer
to control risks associated with silica dust
produced or generated at a workplace. See also
regulation 154.
2 Subdivision 3 of Division 3 of this Part imposes
duties on employers and self-employed persons
to implement specific measures to control risks
associated with engineered stone.
(d) describe how the risk control measures are to
be implemented; and
(e) be set out and expressed in a way that is
readily accessible and comprehensible to the
persons who use it.
(3) If work that requires an engineered stone licence
is not performed in accordance with the
engineered stone control plan for that work, the
employer or self-employed person must—
(a) stop that work immediately or as soon as it is
safe to do so; and
(b) not resume the work until the engineered
stone control plan is—
(i) complied with; or

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(ii) reviewed and, if necessary, revised in

accordance with subregulation (4).
(4) An engineered stone licence holder must review
and, if necessary, revise the engineered stone
control plan if there is an indication that risk
control measures (including risk control measures
required under Part 4.1 and Subdivision 3 of
Division 3 of this Part) are not controlling the
risks adequately, including after any incident that
occurs while working with engineered stone.
(5) An engineered stone control plan is not required
if—
(a) a crystalline silica hazard control statement
has been prepared in accordance with
regulation 319D; and
(b) the crystalline silica hazard control statement
addresses the matters required for the
engineered stone control plan.
Reg. 319ZG 319ZG Statement of work
inserted by
S.R. No.
137/2021
(1) An engineered stone licence holder must give an
reg. 7. employee a written statement in accordance with
subregulation (2) when the employee ceases
employment at the licence holder's workplace.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The written statement must contain the
following—
(a) the period during which the employee
worked with engineered stone;
(b) a statement advising the employee to have
periodical health assessments and details of
the types of tests that are relevant.

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Division 5—Transitional provisions—engineered

stone licences
319ZH Definition in this Division Reg. 319ZH
inserted by
In this Division— S.R. No.
137/2021
transition period means the period commencing reg. 7.
on 15 November 2021 and ending on
14 November 2022.
319ZI No contravention of Division 4 of this Part during Reg. 319ZI
inserted by
transition period or later if application pending S.R. No.
137/2021
(1) Despite Division 4 of this Part, an employer or a reg. 7.
self-employed person engaged in undertaking an
engineered stone process before the
commencement of that Division does not
contravene a provision of that Division if the
employer or self-employed person does not hold
an engineered stone licence during the transition
period.
(2) A person referred to in subregulation (1) may
undertake an engineered stone process without an
engineered stone licence during the transition
period until—
(a) that person is granted a licence by the
Authority; or
(b) that person is refused a licence by the
Authority.
(3) Despite subregulation (1), if a person referred to
in subregulation (1) undertakes an engineered
stone process without an engineered stone licence
during the transition period, that person must—
(a) prepare an engineered stone control plan in
accordance with regulation 319ZF(2) before
the work is undertaken, as if the person were
an engineered stone licence holder; and

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(b) ensure that the work is performed in

accordance with the engineered stone control
plan, as if the person were an engineered
stone licence holder; and
(c) review and, if necessary, revise the
engineered stone control plan as if the person
were an engineered stone licence holder, if
there is an indication that risk control
measures (including risk control measures
required under Part 4.1 and Subdivision 3 of
Division 3 of this Part) are not controlling
the risks adequately, including after any
incident that occurs while working with
engineered stone.
(4) An employer or a self-employed person does not
contravene Division 4 of this Part after the end of
the transition period if—
(a) the employer or self-employed person
applied for an engineered stone licence
before the end of the transition period; and
(b) at the relevant time, the application has not
been decided by the Authority.
Reg. 319ZJ 319ZJ Requirement to apply for an engineered stone
inserted by
S.R. No. licence
137/2021
reg. 7. (1) An employer or a self-employed person who
would, apart from the operation of this Division,
be required on 15 November 2021 to hold an
engineered stone licence under regulation 319Z,
must apply for a licence on that day or as soon as
reasonably practicable after that day.
(2) During the transition period, if an employer or a
self-employed person becomes a person required
to hold an engineered stone licence under
regulation 319Z, that person must apply for a
licence within 14 days after an engineered stone
process is commenced at the workplace.

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(3) If an employer or a self-employed person has

applied for an engineered stone licence and, at the
end of the transition period, the Authority has not
made a decision to grant or refuse to grant a
licence, the employer or self-employed person is
exempt from the requirement to hold a licence
under regulation 319Z until—
(a) the Authority grants the licence; or
(b) the Authority refuses to grant the licence.
(4) If an employer or a self-employed person applies
for an engineered stone licence before the end of
the transition period and the Authority decides to
grant the licence, the Authority must specify a
date on which the licence comes into force that is
on or after the end of the transition period.
319ZK Time for processing engineered stone licence Reg. 319ZK
inserted by
application S.R. No.
137/2021
Despite regulation 453(2)(c), if an employer or a reg. 7.
self-employed person applies for an engineered
stone licence in accordance with regulation 319ZJ
during the transition period, the Authority must
give the applicant a written notice stating the
Authority's intention to make a decision on the
application for the licence—
(a) within 60 days of receiving the application;
or
(b) before the end of the transition period.
319ZL Waiver of application fee during transition period Reg. 319ZL
inserted by
S.R. No.
If an employer or a self-employed person 137/2021
applies for an engineered stone licence under reg. 7.
regulation 319ZJ before the end of the transition
period, no fee is payable under regulation 451A
for that application.

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Part 5.1—Construction

Chapter 5—Hazardous industries

Part 5.1—Construction
Division 1—Introductory matters
320 Application of Part
(1) This Part applies to workplaces where
construction work is performed.
(2) To avoid doubt, this Part does not apply to the
owner of domestic premises—
(a) personally performing construction work at
those premises; or
(b) if those premises become a workplace due to
construction work being performed, and the
owner engages a person to manage or control
the workplace under regulation 333(2).
321 What is construction work?
(1) In these Regulations, construction work means
any work performed in connection with the
construction, alteration, conversion, fitting out,
commissioning, renovation, refurbishment,
decommissioning, or demolition of any building
or structure, or any similar activity.
(2) Without limiting subregulation (1), work referred
to in that subregulation includes the following—
(a) installation, testing, maintenance and
repair work performed in connection with
the construction work;
(b) the removal from the workplace of
any product or waste resulting from the
demolition;

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(c) the prefabrication or testing of elements

at a place specifically established for the
construction project;
Example
An example of a prefabricated element of a structure
is a concrete panel.
(d) the assembly of prefabricated elements
to form a building or structure or the
disassembly of prefabricated elements, that,
immediately before the disassembly, formed
a building or structure;
(e) the installation, testing and maintenance
of gas, water, sewerage, electricity or
telecommunications services in or of any
building or structure;
(f) any work in connection with any excavation,
landscaping, preparatory work, or site
preparation performed for the purpose of
any work referred to in subregulation (1) or
this subregulation;
(g) any work referred to in subregulation (1)
performed under water, including work on
buoys, obstructions to navigation, rafts, ships
and wrecks.
(3) In these Regulations, construction work does not
include the following—
(a) the assembly, disassembly, prefabrication or
manufacture of fixed plant;
(b) the prefabrication of elements, other than
at a place specifically established for the
construction project;
(c) routine or minor testing, maintenance or
repair work performed in connection with
a building or structure;

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(d) the exploration for, or extraction of, minerals

or stone.
322 What is high risk construction work?
In this Part, high risk construction work means
any of the following construction work—
(a) where there is a risk of a person falling more
than 2 metres;
(b) on telecommunications towers;
(c) involving demolition;
(d) involving the removal or likely disturbance
of asbestos;
(e) involving structural alterations that require
temporary support to prevent collapse;
(f) involving a confined space;
(g) involving a trench or shaft if the excavated
depth is more than 1·5 metres;
(h) involving a tunnel;
(i) involving the use of explosives;
(j) on or near pressurised gas distribution mains
or piping;
(k) on or near chemical, fuel or refrigerant lines;
(l) on or near energised electrical installations
or services;
(m) in an area that may have a contaminated or
flammable atmosphere;
(n) involving tilt-up or precast concrete;
(o) on or adjacent to roadways or railways used
by road or rail traffic;
(p) at workplaces where there is any movement
of powered mobile plant;

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(q) in an area where there are artificial extremes

of temperature;
(r) in, over or adjacent to water or other liquids
where there is a risk of drowning;
(s) involving diving.
323 What is a structure?
In this Part, structure includes the following—
(a) any construction wall, mast, tower, pylon, or
structural cable;
(b) any tunnel, shaft, underground tank, pipe
or pipeline, sea defence works, river works,
earthworks, earth retaining construction, or
construction designed to preserve or alter
any natural feature;
(c) any road, railway line or siding, tramway
line, airfield, dock, harbour, inland
navigation channel, bridge, viaduct,
waterworks, reservoir, aqueduct, constructed
lagoon, dam, sewer, sewerage or drainage
works, electricity generation facility,
electricity transmission facility, electricity
distribution facility, gas generation facility,
gasholder, gas transmission facility, gas
distribution facility, or park or recreation
ground facility;
(d) any ship or submarine;
(e) any fixed plant;
(f) any formwork, falsework, scaffold or other
construction designed or used to provide
support or access or containment during
construction;
(g) any part of a thing set out in paragraphs (a)
to (f).

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324 What is a safe work method statement?

In this Part, a safe work method statement means
a document that—
(a) identifies work that is high risk construction
work; and
(b) states the hazards and risks of that work; and
(c) sufficiently describes measures to control
those risks; and
(d) describes how the risk control measures are
to be implemented; and
(e) is set out and expressed in a way that is
readily accessible and comprehensible to the
persons who use it.

Division 2—Control of risk

Subdivision 1—Duties of employers and
self-employed persons
325 Control of risk
(1) An employer or self-employed person must, so
far as is reasonably practicable, eliminate any risk
associated with construction work.
(2) If it is not reasonably practicable to eliminate
a risk associated with construction work, the
employer or self-employed person must reduce
the risk so far as is reasonably practicable by—
(a) substituting, for the hazard giving rise to
the risk to health or safety, a new activity,
procedure, plant, process or substance that
gives rise to a lesser risk to health or safety;
or
(b) isolating persons from the hazard; or
(c) using engineering controls; or

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(d) combining any of the risk control measures

in paragraphs (a), (b) and (c).
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(3) If the employer or self-employed person has
complied with subregulations (1) and (2) so far
as is reasonably practicable and a risk associated
with the construction work remains, the employer
or self-employed person must reduce the risk so
far as is reasonably practicable by using
administrative controls.
(4) If the employer or self-employed person has
complied with subregulations (1), (2) and (3)
so far as is reasonably practicable and a risk
associated with the construction work remains,
the employer or self-employed person must
reduce the risk so far as is reasonably practicable
by providing appropriate personal protective
equipment to persons at risk.
Notes
1 Act compliance—sections 21, 23 and 24 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to consult
with employees, including in respect of making decisions
about the measures to be taken to control risks to health or
safety. This consultation must involve the health and safety
representative (if any). See also regulation 21.
326 Review of risk control measures
(1) An employer or self-employed person must
review and, if necessary, revise any measures
implemented to control risks associated with
construction work—
(a) before any change is made to the way
the construction work is performed or
to the system of work associated with the
construction work, including a change in
the location of the construction work; or

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(b) if new or additional information about

hazards relating to the construction work
becomes available to the employer or
self-employed person; or
(c) if, for any other reason, the risk control
measures do not adequately control the risks;
or
(d) after receiving a request from a health and
safety representative.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) A health and safety representative may make a
request under subregulation (1)(d) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulation (1)(a), (b) and (c) exists; or
(b) the employer or self-employed person has
failed—
(i) to properly review the risk control
measures; or
(ii) to take account of any of the
circumstances referred to in
subregulation (1)(a), (b) and (c) in
conducting a review of, or revising,
the risk control measures.
327 Safe work method statement required for high risk
construction work
(1) An employer or self-employed person must not
perform high risk construction work if there is a
risk to the health or safety of any person arising
from the work, unless—

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(a) a safe work method statement is prepared for

the work before the work commences; and
(b) the work is performed in accordance with the
statement.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(2) If there is non-compliance with a safe
work method statement prepared under
subregulation (1) in relation to particular
work, the employer or self-employed person
must—
(a) stop that work immediately or as soon as it is
safe to do so; and
(b) not resume the work until the statement is
complied with or reviewed and, if necessary,
revised in accordance with regulation 328.
Note
Act compliance—sections 21, 22 and 23 (see regulation 7).
(3) For high risk construction work involving the
removal or likely disturbance of asbestos, if there
is a risk to the health or safety of any person
arising from the work—
(a) preparation of an asbestos control plan in
accordance with regulation 272 is taken to be
preparation of a safe work method statement;
and
(b) compliance with the asbestos control plan is
taken to be compliance with a safe work
method statement in relation to the risk to
health or safety of exposure to airborne
asbestos fibres.

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328 Safe work method statement to be reviewed and

revised
An employer or self-employed person performing
high risk construction work for which a safe work
method statement is required under regulation 327
must review and, if necessary, revise the safe
work method statement—
(a) whenever the high risk construction work
changes; or
(b) if there is an indication that risk control
measures (including risk control measures
required under any other Part of these
Regulations) are not controlling the risks
adequately, including after any incident that
occurs during high risk construction work.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
329 Copy of safe work method statement to be kept
An employer or self-employed person must keep
a copy of a safe work method statement for the
duration of the high risk construction work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
330 Site-specific training
An employer must ensure that a person whom the
employer employs to perform construction work
is provided with occupational health and safety
training that relates to the particular workplace at
which the construction work is to be performed.
Note
Act compliance—section 21 (see regulation 7).

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331 Emergency procedures

(1) This regulation applies to construction work if
there is a risk of a person becoming engulfed by
soil or other material when the work is performed.
(2) An employer or self-employed person must
establish emergency procedures in accordance
with subregulations (3) and (4) before the
construction work is undertaken.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(3) The employer or self-employed person must
ensure that the emergency procedures—
(a) so far as is reasonably practicable, enable—
(i) the rescue of a person in the event that
the person becomes engulfed by soil or
other material; and
(ii) the provision of first aid to a person
who has become engulfed; and
(b) can be carried out immediately after a person
becomes, or is likely to become, engulfed.
(4) The employer or self-employed person must
ensure that any risk associated with carrying out
the emergency procedures is—
(a) so far as is reasonably practicable,
eliminated; or
(b) if it is not reasonably practicable to
eliminate the risk, reduced so far as is
reasonably practicable.
Examples
Examples of risks associated with carrying out emergency
procedures are risks of engulfment, a fall, electric shock,
crushing and musculoskeletal disorder.

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(5) The employer or self-employed person must

ensure that the emergency procedures are carried
out immediately after a person becomes, or is
likely to become, engulfed.
Note
Act compliance—sections 21, 23 and 24 (see regulation 7).
(6) This regulation does not apply to excavation of a
shaft, trench or tunnel being—
(a) a mine; or
(b) a bore to which the Water Act 1989 applies;
or
(c) a quarry within the meaning of the Mineral
Resources (Sustainable Development)
Act 1990; or
(d) made for the purpose of undertaking
emergency work; or
(e) made for the rescue of any person or the
carrying out an emergency response by an
emergency service; or
(f) made for use as a place of burial or interment
of the dead.

Subdivision 2—Duties of principal contractors

332 Application of Subdivision
(1) This Subdivision applies to a construction project
if the cost of the project is $350 000 or more.
Note
This Subdivision only applies to construction projects
where the construction contract was entered into on or
after 1 July 2014. This Subdivision applies to construction
projects costing $250 000 or more if the construction
contract for the project was entered into before 1 July 2014.
(See regulation 558).

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(2) For the purposes of this Part, the cost of a

construction project is to be valued in the same
way that construction work under a construction
contract is valued under section 11 of the
Building and Construction Industry Security
of Payment Act 2002.
333 Who is the principal contractor for a construction
project?
(1) The owner is the principal contractor of the
workplace where the construction project is to be
carried out unless the owner—
(a) appoints a principal contractor for the
construction work performed for or on
behalf of the owner; and
(b) authorises the principal contractor to
manage or control the workplace to the
extent necessary to discharge the duties
imposed on a principal contractor under
this Subdivision.
(2) If domestic premises become a workplace due to
construction work being performed and the owner
of those premises engages a person to manage or
control the workplace, the person engaged is taken
to be the principal contractor for the purposes of
this Subdivision.
334 Signage of principal contractor
(1) A principal contractor must put in place signs that
are clearly visible from outside the workplace
where the construction work is being performed,
showing the name and contact telephone numbers
of the principal contractor.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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(2) Subregulation (1) does not apply if the details

required under subregulation (1) are displayed in
accordance with regulation 317 of the Building
Regulations 2006.
335 Health and safety co-ordination plans
A principal contractor for a construction project
must—
(a) prepare a health and safety co-ordination
plan, in accordance with regulation 336,
for construction work before that work
commences; and
(b) monitor, maintain and keep the plan up to
date for the duration of the construction
work.
Note
Act compliance—section 26 (see regulation 7).
336 Content of health and safety co-ordination plans
The principal contractor must include in the health
and safety co-ordination plan—
(a) a list of the names, positions and
responsibilities of all persons who will have
specific responsibilities for health and safety;
and
Example
Persons who may have specific responsibilities for
health and safety may include occupational health
and safety managers, first aid officers, principal
contractors or other persons who have responsibility
for implementing the health and safety co-ordination
plan.
(b) the arrangements for the co-ordination of
the health and safety of persons engaged to
perform construction work; and
(c) the arrangements for managing occupational
health and safety incidents that occur; and

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(d) any site safety rules, with the arrangements

for ensuring that all persons at the workplace
are informed of the rules.
337 Health and safety co-ordination plan available for
inspection
(1) The principal contractor must keep a copy of
the health and safety co-ordination plan prepared
in accordance with regulation 336 and of any
revisions to that plan for the duration of the
construction project and make them available
for inspection throughout the course of the
construction work by persons including—
(a) any person engaged to perform construction
work at the workplace; and
(b) any person about to commence work at
the workplace; and
(c) an employee member of a health and
safety committee, a health and safety
representative or a person nominated
under regulation 23(4).
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) Before any person commences construction work
at a workplace the principal contractor must
ensure that the person—
(a) is aware of the health and safety
co-ordination plan for that workplace
and any revisions of the plan; and
(b) is provided with access to the plan and any
revisions of the plan.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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Division 3—Construction induction training

338 Application of Division
This Division applies to all persons at a workplace
at which construction work is performed, with the
exception of—
(a) visitors to the workplace who are
accompanied at all times by a person who
has received construction induction training;
and
(b) persons temporarily at the workplace to
deliver plant, supplies or materials.
Note
A duty may still be owed under the Act to the persons referred to
in paragraphs (a) and (b) to ensure they are not exposed to risks to
their health or safety.
339 Construction induction training to be provided
(1) Subject to regulation 342, an employer must
ensure that construction induction training is
provided in accordance with this regulation to a
person who—
(a) is employed to perform construction work;
and
(b) does not hold a current construction
induction card.
Notes
1 Act compliance—sections 21 and 23 (see regulation 7).
2 Regulation 349 provides that a person's construction
induction card lapses if that person has not performed
any construction work for any consecutive period of
2 years.
(2) The construction induction training must
be provided to the person before the person
commences construction work.

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(3) The construction induction training must be

provided by a construction RTO.
Note
In addition to this specific duty the employer has a general duty
under section 21(2)(e) of the Act to provide such information,
instruction, training or supervision to employees as is necessary to
enable the employees to perform their work in a way that is safe
and without risks to health.
340 Requirement to hold a current construction
induction card
Subject to regulation 342, a person must not
perform construction work at a workplace unless
the person holds a current construction induction
card.
Note
See section 41 of the Act.
341 Employer must not allow a person to perform
construction work unless the person holds a current
construction induction card
(1) Subject to regulation 342, an employer must not
knowingly allow a person whom the employer
employs to perform construction work unless the
person holds a current construction induction card.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) A reference in subregulation (1) to a person
employed by the employer includes a person
placed with the employer under a work experience
arrangement under the Education and Training
Reform Act 2006.
342 Exemptions
(1) Regulations 339, 340 and 341 do not apply in
relation to a person who is employed to perform
construction work during the period of 28 days
after the person's employment commences if—

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(a) the person has not performed construction

work during the preceding 2 years; and
(b) the employer makes an application and
pays for the person to undertake construction
induction training before or during the period
of 28 days; and
(c) the employer ensures that the person
receives direct supervision, directions,
demonstrations and monitoring appropriate
to the construction work performed by the
person for the 28-day period so that, so far
as is reasonably practicable, the person can
perform the work in a manner that is safe
and without risks to health.
(2) Regulations 339, 340 and 341 do not apply in
relation to a person who is employed to perform
construction work during the period of 60 days
after the person has been issued with a
construction statement of attainment.
(3) Regulations 339, 340 and 341 do not apply in
relation to a person who is employed to perform
construction work if the person—
(a) completed the Construction Industry Basic
Induction training course before 1 July 2008
and holds a card evidencing that completion;
and
(b) has performed construction work in the
preceding 2 years.
(4) Regulations 339, 340 and 341 do not apply in
relation to a person who is employed to perform
construction work if the person has recognised
evidence of construction induction training and—
(a) not more than 2 years have passed since the
recognised evidence of construction
induction training was issued; or

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(b) the person has performed construction work

in the preceding 2 years.
Note
Act compliance—sections 21 and 23 (see regulation 7).
343 Offence to refuse to accept a current construction
induction card
An employer must not knowingly refuse to accept
from a person—
(a) a current construction induction card; or
(b) a construction statement of attainment
issued to a person within the previous
60-day period; or
(c) a card evidencing completion before
1 July 2008 of the Construction Industry
Basic Induction training course; or
(d) recognised evidence of construction
induction training.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
344 Application for construction induction card
Without limiting regulation 532, an application for
a construction induction card must—
(a) include any evidence or proof of identity of
the applicant required by the Authority; and
(b) be accompanied by—
(i) a construction statement of attainment
issued to the applicant; or
(ii) written evidence, satisfactory to the
Authority, of the completion of
construction induction training; or

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(iii) written evidence, satisfactory to the

Authority, of the completion before
1 July 2008 of the Construction
Industry Basic Induction training
course; and
(c) be accompanied by a fee of 1·8 fee units.
345 Authority may refuse to recognise or accept a
construction statement of attainment obtained by
fraud
The Authority may refuse to recognise or accept
a construction statement of attainment if it is
satisfied that the statement was obtained or
provided on the basis of fraud or the provision of
false or misleading information by any person or
body.
Note
Person or body would include the applicant for a construction
induction card or the construction RTO.
346 Construction induction card
(1) The Authority must give a construction
induction card to a person who makes an
application in accordance with regulation 344
as soon as reasonably possible after the
application is made.
(2) A construction induction card must include—
(a) the name of the person; and
(b) the date on which the construction
induction card takes effect; and
(c) an identifying number.
(3) A construction induction card is evidence that a
person has completed construction induction
training.

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347 Construction induction card to be of unlimited

duration
Subject to regulations 349, 350 and 351, a
construction induction card is of unlimited
duration.
348 Destruction, loss and replacement of construction
induction cards
(1) A person, other than the Authority, must not
intentionally or recklessly destroy, alter or deface
a construction induction card.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) If the Authority is satisfied that a construction
induction card has been lost, stolen or destroyed,
the Authority may issue a duplicate construction
induction card to a person on the evidence of a
copy of a construction statement of attainment or
other written evidence satisfactory to the
Authority.
349 Lapse of construction induction cards
If a person who holds a construction induction
card has not performed construction work during
a consecutive period of 2 years, the construction
induction card lapses and is no longer current at
the end of that period of 2 years.
350 Authority may cancel construction induction card
based on false or misleading information
(1) The Authority may cancel a construction
induction card if it is satisfied that the person
who applied for the construction induction card—
(a) gave information in the application for
the construction induction card that was
false or misleading in a material particular
(without advising the Authority in writing

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at the time that the information was given

that it was false or misleading); or
(b) did not disclose material information to the
Authority.
(2) Before cancelling a construction induction
card the Authority must conduct an inquiry to
determine whether there are grounds for taking
action under subregulation (1).
(3) The Authority must give the person who holds the
construction induction card written notice of the
inquiry.
(4) The notice must—
(a) state the subject of the inquiry and the
reasons for conducting it; and
(b) set out an outline of all allegations, facts
and circumstances known to the Authority
that are relevant to the inquiry; and
(c) invite the person to make a submission to
the inquiry; and
(d) specify a period of not less than 14 days
within which the person may accept the
invitation to make a submission.
(5) After considering any submissions made by, or
on behalf of, the person in the period allowed,
the Authority must decide whether or not grounds
exist to cancel the construction induction card.
(6) If the Authority is satisfied that grounds exist to
cancel the construction induction card, the
Authority must—
(a) cancel the construction induction card; and

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(b) give the card holder written notice of the

following—
(i) its decision;
(ii) the reasons for its decision;
(iii) the date the cancellation is to take
effect.
(7) In specifying the date that the cancellation is to
take effect, the Authority must not specify a date
that is less than 14 days after the person is given
the notice.
351 Authority may cancel construction induction card
on request
The Authority may cancel a construction
induction card at the request of the person who
holds the construction induction card.
352 Construction induction card to be kept available
A person who holds a construction induction
card must keep that card available for immediate
inspection on request under the Act.
Penalty: 5 penalty units.
353 Changes to information provided
(1) This regulation applies if a change occurs to any
information provided to the Authority in relation
to a construction induction card at any time by the
person who holds the construction induction card
whether provided—
(a) in applying for the construction induction
card; or
(b) under this regulation; or
(c) in any other circumstance.

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(2) The person must advise the Authority in writing

of that change as soon as reasonably possible after
the person becomes aware that the change has
occurred.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

Division 4—Notice of construction excavation work

354 Application of Division
(1) This Division applies to a proposed construction
excavation if—
(a) the excavation will be of sufficient
dimensions or depth to allow the entry of
a person; or
(b) there will be a risk to the health or safety
of any person from the excavation.
(2) Despite subregulation (1), this Division does not
apply to excavation of a shaft or trench made as
part of building work for which a building permit
has been issued and is in force under the Building
Act 1993.
(3) Despite subregulation (1), this Division does not
apply to excavation of a shaft, trench or tunnel
being—
(a) a mine; or
(b) a bore to which the Water Act 1989 applies;
or
(c) a quarry within the meaning of the Mineral
Resources (Sustainable Development)
Act 1990; or

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(d) made for the purpose of undertaking

emergency work; or
(e) made for the rescue of any person or the
carrying out an emergency response by an
emergency service; or
(f) made for use as a place of burial or interment
of the dead.
355 Requirement to notify intention to perform
construction excavation work
(1) An employer or self-employed person must notify
the Authority in accordance with subregulation (2)
that it intends to perform construction excavation
work on a shaft, trench or tunnel at least 3 days
before commencing that work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The notice must be in writing and must include
the following—
(a) the name of the person who is making the
notice;
(b) the name of the person directly supervising
the proposed construction excavation work
and that person's contact details;
(c) the date of the notice;
(d) a description of the type of construction
excavation proposed;
(e) whether explosives will be used in carrying
out the proposed construction excavation;
(f) the date or dates on which construction
excavation work is likely to commence and
be completed;

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(g) the location or locations of the proposed

construction excavation work.
Note
Paragraphs (f) and (g) allow the person notifying to give one
notice for a construction excavation associated with a single
project which may extend through several locations and be
carried out over a period.

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Part 5.2—Major hazard facilities

Division 1—Introductory matters
356 Application of Part
(1) This Part does not apply to—
(a) a building or other structure on land used for
an activity to which section 157(2)(a) of the
Act applies; or
(b) a pipeline in respect of which a licence has
been issued under the Pipelines Act 2005; or
(c) a distribution pipeline within the meaning of Reg. 356(1)(c)
amended by
the Gas Industry Act 2001; or S.R. No.
176/2018
reg. 4(a).

(d) a prescribed mine. Reg. 356(1)(d)

inserted by
S.R. No.
176/2018
reg. 4(b).

(2) Subject to subregulation (3), Divisions 6, 7 and 9

do not apply in relation to a major hazard facility
that is registered under Part 6.2 (Registration).
(3) The operator of a registered major hazard facility
must, so far as is reasonably practicable, comply
with Divisions 6, 7 and 9.
357 Schedule 14 materials
In this Part a reference to Schedule 14 materials
likely to be present at a facility is a reference to
the maximum quantity of the Schedule 14
materials that would meet the capacity of the
facility, including—
(a) the maximum capacity of process vessels
and interconnecting piping systems to
contain the materials; and

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(b) the maximum capacity of storage tanks and

vessels used for the materials; and
(c) the maximum storage capacity of
other storage areas at the facility that
could contain the materials; and
(d) the maximum capacity of pipelines outside
process areas to contain the materials; and
(e) the maximum quantity of the materials that
would, in the event of a failure, escape onto
the premises of the facility from a pipeline
that is situated off the premises but
connected to the facility; and
(f) the maximum quantity of the materials
loaded into or onto, or unloaded from,
vehicles, trailers, rolling stock and ships
that are from time to time present at the
facility in the course of the facility's
operations.

Division 2—Requirement to be licensed

or registered
358 Only licensed or registered major hazard facility to
be operated
A person must not operate a major hazard facility
unless—
(a) a major hazard facility licence has been
granted for the facility under Part 6.1
(Licences); or
(b) the facility is registered under Part 6.2
(Registration).
Note
See section 40(1) of the Act.

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Division 3—Authority may require information

359 Authority may require information
(1) The Authority may by written notice require
the operator of a facility or a person who intends
to be the operator of a facility to provide any
information about the operation of the facility
that the Authority reasonably requires for the
purposes of this Part.
(2) A notice under subregulation (1) must specify—
(a) the information required; and
(b) the date by which the information must be
provided.
(3) A person who receives a notice under
subregulation (1) must provide the information
in accordance with the notice.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
Note
Section 154 of the Act provides that a natural person
may refuse or fail to give information required by these
Regulations if giving the information would tend to
incriminate the person.

Division 4—Determination of major

hazard facility
360 Operators of certain facilities to notify Authority
(1) Subject to subregulation (2), the operator of
a facility at which Schedule 14 materials are
present, or likely to be present, in a quantity
exceeding 10% of their threshold quantity must
notify the Authority of this circumstance in
accordance with this regulation.

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Notes
1 Act compliance—sections 21, 23 and 26
(see regulation 7).
2 Threshold quantity is defined in regulation 5.
(2) Subregulation (1) does not apply to—
(a) a person who has applied under
regulation 514 to the Authority for
registration to operate the facility
as a major hazard facility; or
(b) an operator of a registered major hazard
facility.
(3) The notice under subregulation (1) must be given
within 30 days after the operator becomes aware,
or ought reasonably to have become aware, of the
circumstance giving rise to the requirement to
notify.
(4) Without limiting regulation 532, the notice must
contain—
(a) the information specified in Schedule 18
with all necessary adaptations to the
circumstance described in subregulation (1)
that give rise to the requirement to notify;
and
(b) if the facility or proposed facility is expected
to operate as a major hazard facility, the date
on which it will commence so operating.
Notes
1 Regulation 363 provides that the Authority may
determine that a facility is a major hazard facility
after receiving notice under this regulation.
2 See Division 1 of Part 7.1 (Administrative matters)
for information regarding notices.

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361 Changes to information provided

If any change occurs to the information
provided at any time by the operator of a facility
to the Authority in relation to a notice under
regulation 360(1) that is ongoing, the operator
must advise the Authority in writing of that
change as soon as reasonably possible after the
operator becomes aware that the change has
occurred.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Note
Regulations 475 and 523 set out the circumstances under which
an operator of a registered or licensed major hazard facility must
notify the Authority of changes to information provided in the
application for licence or registration.
362 Inquiry before making determination
(1) The Authority must not make a determination
under this Division unless the Authority has
conducted an inquiry under this regulation.
(2) The Authority must give the operator of a facility
that may be the subject of a determination under
this Division written notice that the Authority
intends to conduct an inquiry.
(3) A notice under subregulation (2) must—
(a) state the subject of the inquiry and the
reasons for conducting it; and
(b) invite the operator to make submissions in
relation to the inquiry within 14 days of the
date of the notice.
(4) The Authority must consider any submissions
made by the operator.

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363 Authority may determine facility to be a major

hazard facility—notice
(1) This regulation applies if the Authority receives
notice under regulation 360.
(2) The Authority may determine that the facility is a
major hazard facility if it forms the opinion that
there is a potential for a major incident to occur at
the facility, having regard to all or any of the
following—
(a) the quantity or combination of Schedule 14
materials present or likely to be present at
the facility;
(b) the type of activity within the facility that
involves those materials;
(c) the land use and activities of occupancy in
the area surrounding the facility.
364 Authority may determine facility to be a major
hazard facility—own initiative
The Authority, on its own initiative, may
determine that a facility is a major hazard
facility if—
(a) the Authority becomes aware that
Schedule 14 materials are present or likely
to be present at the facility in a quantity
exceeding 10% of their threshold quantity
but not exceeding their threshold quantity;
and
(b) the Authority forms the opinion that there is
a potential for a major incident to occur at
the facility, having regard to all or any of the
following—

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(i) the quantity or combination of

Schedule 14 materials present or
likely to be present at the facility;
(ii) the type of activity within the facility
that involves those materials;
(iii) the land use and activities of occupancy
in the area surrounding the facility.
365 Written notice of determination
(1) The Authority must send to the operator of a
facility in respect of which a determination is
made under this Division a written notice that—
(a) sets out the determination; and
(b) states the reasons for the determination; and
(c) specifies the date on which the determination
takes effect.
(2) The date specified under subregulation (1)(c)
must be not less than 30 days after the operator
is sent the notice.
366 Effect of determination
A facility in respect of which a determination
is made under this Division is taken to be
registered as a major hazard facility under
Part 6.2 (Registration) from the date on which
the determination takes effect.

Division 5—Duties of operator of a registered

major hazard facility
367 Outline of safety case
(1) The operator of a registered major hazard facility
must, within 90 days of the commencement of the
registration of the facility, provide the Authority
with an outline for the safety case (safety case
outline) the operator proposes to include with its

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major hazard facility licence application under

Part 6.1 (Licences).
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) The safety case outline must include—
(a) a detailed written program and time frame
for the preparation of the safety case, with
specific reference being made to each of the
matters required by regulation 385 to be
included in a safety case; and
(b) details of the scope of consultation that will
be undertaken when preparing the safety
case; and
(c) a draft of the emergency plan the operator
proposes to include in the safety case.
(3) If the Authority is of the opinion that the safety
case outline would not produce a safety case
that meets the requirements of Division 8, the
Authority may require amendments to be made
to the safety case outline.
(4) The Authority must not require the operator to
make any amendments to the safety case outline
unless the Authority has—
(a) by written notice informed the operator of
the proposed amendments; and
(b) invited the operator to make written
submissions within 14 days of the date
of the notice; and
(c) considered any submissions that are made.
(5) The operator must make any amendments to
the safety case outline required by the Authority
under subregulation (3).
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).

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(6) The operator must provide the Authority with a

safety case outline amended under this regulation,
or amended by the operator on the operator's own
initiative, as soon as reasonably possible after the
amendments are made.
(7) The operator of a registered major hazard facility
must comply with the safety case outline provided
to the Authority under this regulation.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(8) If the safety case outline has been amended under
this regulation, the operator must comply with the
outline as so amended.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).

Division 6—Safety duties of operators

368 Identification of major incidents and major incident
hazards
(1) The operator of a major hazard facility must
identify—
(a) all major incidents that could occur at the
major hazard facility; and
(b) all major incident hazards.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) The operator must document all aspects of any
identification made under this regulation,
including—
(a) the methods and criteria used for identifying
major incidents and major incident hazards;
and

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(b) any conditions under which the major

incident hazards might give rise to a major
incident.
Notes
1 Act compliance—sections 21, 23 and 26
(see regulation 7).
2 Subregulation (2)(b) includes conditions within the
major hazard facility such as a failure to maintain
or replace aging plant or other infrastructure or to
maintain critical staffing levels. It also includes
external conditions such as wildfires, floods or
other extreme weather events as well as activities
at neighbouring sites or conditions relating to the
security of the major hazard facility.
369 Safety assessment
(1) The operator of a major hazard facility must
conduct a comprehensive and systematic safety
assessment, in accordance with this regulation,
in relation to all potential major incidents and
all major incident hazards.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) A safety assessment must involve an investigation
and analysis of the major incident hazards and
major incidents so as to provide the operator with
a detailed understanding of all aspects of risks to
health and safety associated with major incidents,
including the following—
(a) the nature of each major incident hazard and
major incident;
(b) the likelihood of each major incident hazard
causing a major incident;

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(c) in the event of a major incident occurring—

(i) its magnitude; and
(ii) the severity of its consequences to
persons both on-site and off-site;
(d) the range of risk control measures
considered.
(3) In conducting a safety assessment, the operator
must—
(a) consider major incident hazards and major
incidents cumulatively as well as
individually; and
(b) use assessment methods (whether
quantitative or qualitative, or both)
that are appropriate to the major incident
hazards being considered.
(4) The operator must document all aspects of the
safety assessment and the documentation must—
(a) describe the methods used in the
investigation and analysis; and
(b) state all the matters specified in
subregulation (2)(a) to (d); and
(c) contain reasons for decisions as to the
matters specified in subregulation (2)(b)
and (c); and
(d) contain, in relation to the range of risk
control measures considered—
(i) statements as to their viability and
effectiveness; and
(ii) reasons for selecting certain risk
control measures and rejecting others.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).

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370 Operator to keep safety assessment available

The operator of a major hazard facility must keep
the safety assessment documentation available for
inspection on request under the Act.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
371 Control of risk
(1) The operator of a major hazard facility must, so
far as is reasonably practicable, eliminate the risk
of a major incident occurring.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) If it is not reasonably practicable to eliminate the
risk of a major incident occurring, the operator
must reduce the risk so far as is reasonably
practicable by adopting risk control measures.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(3) The operator of a major hazard facility must
adopt risk control measures that, if a major
incident occurs, will reduce so far as is reasonably
practicable its magnitude and the severity of its
consequences to persons both on-site and off-site.
Notes
1 Act compliance—sections 21, 23 and 26 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to consult
with employees, including in respect of making decisions
about the measures to be taken to control risks to health or
safety. This consultation must involve the health and safety
representative (if any). See also regulation 21.

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372 Safety management system

(1) The operator of a major hazard facility must
establish and implement a safety management
system for the major hazard facility, in
accordance with this regulation, which provides
a comprehensive and integrated management
system for all risk control measures adopted
under this Part.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) The operator must use the safety management
system as the primary means of ensuring the safe
operation of the major hazard facility.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(3) The operator of a major hazard facility must
ensure that the safety management system—
(a) is documented; and
(b) is set out and expressed in a way that is
readily accessible and comprehensible to
persons who use it; and
(c) includes all of the matters specified in
Schedule 15.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
373 Operator to keep safety management system
available
The operator of a major hazard facility must
keep the documented safety management system
available for inspection on request under the Act.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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374 Review of safety management system

The operator of a major hazard facility must
review and, if necessary, revise the safety
management system at least once every 5 years
as well as in the following circumstances—
(a) before a modification is made to the major
hazard facility;
(b) after a major incident occurs at the major
hazard facility.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
375 Emergency plan
(1) The operator of a major hazard facility must
prepare an emergency plan for the major hazard
facility in accordance with this regulation.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) The emergency plan must be included as a risk
control measure adopted under regulation 371
for that major hazard facility.
(3) The emergency plan must—
(a) address the potential on-site and off-site
consequences of a major incident occurring;
and
(b) include all matters specified in Schedule 16;
and
(c) be prepared in conjunction with—
(i) the emergency services that have
responsibility for the area in which the
major hazard facility is located; and

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(ii) in relation to the off-site consequences

of a major incident occurring, the
municipal councils in the area occupied
by the local community.
(4) The operator of a major hazard facility must
ensure that the emergency plan is able to be
carried out immediately if—
(a) a major incident occurs; or
(b) an uncontrolled event or incident occurs
that could reasonably be expected to lead
to a major incident.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
376 Emergency plan to be kept and sent to emergency
services and municipal councils
After preparing an emergency plan, the operator
of a major hazard facility must—
(a) keep a copy of the emergency plan at the
major hazard facility for use by emergency
services; and
(b) send a copy of the emergency plan to
those emergency services involved in the
preparation of the plan under regulation
375(3)(c)(i) and inform those emergency
services of the plan's location at the major
hazard facility; and
(c) send to the municipal councils involved in
the preparation of the plan under regulation
375(3)(c)(ii) a copy of those parts of the
emergency plan relating to the off-site
consequences of a major incident occurring.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).

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377 Emergency plan must be tested

The operator of a major hazard facility must—
(a) test the emergency plan for the facility at
suitable intervals, not exceeding 3 years; and
(b) take all necessary steps to arrange for
the emergency services consulted under
regulation 375(3)(c)(i) to participate in
the test of the emergency plan.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
378 Emergency plan to be put into action if a major
incident occurs
(1) The operator of a major hazard facility who has
prepared an emergency plan for the facility must
put the emergency plan into effect immediately
if—
(a) a major incident occurs; or
(b) an uncontrolled event or incident occurs
that could reasonably be expected to lead
to a major incident.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) Immediately after becoming aware that a major
incident has occurred, the operator of a major
hazard facility must notify the emergency services
that have responsibility for the area in which the
major hazard facility is located.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).

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379 Review by operator

(1) In order to ensure that an operator of a major
hazard facility is complying with regulation 371
by adopting appropriate risk control measures, the
operator must review and, if necessary, revise the
following—
(a) the major incident hazards and possible
major incidents identified under
regulation 368;
(b) the safety assessment;
(c) the risk control measures adopted under
regulation 371;
(d) the emergency plan.
(2) A review under this regulation must be conducted
at least every 5 years as well as in the following
circumstances—
(a) at the direction of the Authority;
(b) before any modification is made to the major
hazard facility;
(c) after any major incident occurs at the major
hazard facility;
(d) when an effectiveness test indicates a
deficiency in a risk control measure;
(e) if there has been any change to the
circumstances that formed part of the
property protection assessment under
regulation 382;
(f) after receiving a request from a health and
safety representative.

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(3) A health and safety representative may make a

request under subregulation (2)(f) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulation (2)(a) to (e) exist; or
(b) the operator has failed—
(i) to properly review the risk control
measures; or
(ii) to take into account any of the
circumstances referred to in
subregulation (2)(a) to (e) in
conducting a review of, or revising,
the risk control measures.
(4) The operator must review and, if necessary, revise
the emergency plan for the major hazard facility
in conjunction with—
(a) the emergency services that have
responsibility for the area in which the
major hazard facility is located; and
(b) in relation to the off-site consequences of
a major incident occurring, the municipal
councils within the area occupied by the
local community.
Notes
1 Act compliance—sections 21, 23 and 26 (see regulation 7).
2 Emergency plan, emergency service, local community,
major incident, major incident hazard, modification,
operator and safety assessment are defined in regulation 5.

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380 Safety role for employees

(1) The operator of a major hazard facility must
develop a safety role for the operator's employees,
including the specific procedures employees are
required to follow to assist the operator to—
(a) identify major incident hazards and possible
major incidents under regulation 368; and
(b) adopt or review risk control measures under
regulations 371 and 379; and
(c) conduct and document a safety assessment;
and
(d) review a safety assessment under
regulation 379; and
(e) establish and implement a safety
management system.
(2) The operator must review the safety role for
employees developed under this regulation if
there is any change of circumstances, including
a modification to a major hazard facility, that
would require additional or different knowledge
and skills on the part of employees to perform
the role.
Notes
1 Act compliance—section 21 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to
consult, including involving the health and safety
representative (if any). See also regulation 21 and the
consultation requirements in Division 9 of this Part.
3 Safety assessment and safety management system are
defined in regulation 5.

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Division 7—Controls under Dangerous Goods

Act 1985—Protection of property
381 Risk control measures
The operator of a major hazard facility must, in
relation to Schedule 14 materials that are also
dangerous goods, adopt risk control measures
to, so far as is practicable, eliminate or, if it is
not practicable to eliminate, to reduce so far as is
practicable, the extent of damage to property that
would be caused in the event of a major incident.
Penalty: 100 penalty units for a natural person;
400 penalty units for a body corporate.
382 Property protection assessment
(1) For the purpose of complying with regulation 381,
the operator of a major hazard facility must
conduct a comprehensive and systematic property
protection assessment in accordance with this
regulation for matters relating to protection of
property that have not been considered under
Divisions 6 and 8.
Penalty: 100 penalty units for a natural person;
400 penalty units for a body corporate.
(2) A property protection assessment must include all
relevant procedures set out in regulation 369 for a
safety assessment.
(3) The operator may—
(a) conduct and document the property
protection assessment required by this
regulation in conjunction with the safety
assessment; and
(b) incorporate the contents of the property
protection assessment into the safety
assessment.

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383 Review of property protection assessment

(1) The operator of a major hazard facility must
review and, if necessary, revise the existing
property protection assessment for that facility—
(a) if there has been a change to the
circumstances—
(i) of a safety case under Division 8; or
(ii) that formed part of the property
protection assessment; or
(b) after receiving a request from a health
and safety representative to review the
assessment.
Penalty: 100 penalty units for a natural person;
400 penalty units for a body corporate.
(2) A health and safety representative may make a
request under subregulation (1)(b) if the health
and safety representative believes on reasonable
grounds that—
(a) a change to the circumstances referred to in
subregulation (1)(a) has occurred; or
(b) the operator has failed to take account of any
change to the circumstances referred to in
subregulation (1)(a) in conducting a review
of, or revising, the property protection
assessment.

Division 8—Safety case

384 Operator to provide safety case
The operator of a major hazard facility must, in
order to obtain a major hazard facility licence
under Part 6.1 (Licences)—

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(a) prepare a safety case in accordance with this

Part; and
(b) provide the safety case to the Authority.
Note
An operator has an obligation, when applying for a major hazard
facility licence under Part 6.1 (Licences), to provide the safety
case to the Authority.
385 Content of safety case
(1) A safety case prepared under this Part must
include the information specified in Schedule 17.
(2) The content of a safety case must demonstrate—
(a) that the safety management system provides
a comprehensive and integrated management
system of risk control measures in relation to
major incident hazards and major incidents;
and
(b) the adequacy of the risk control
measures adopted under regulation 371
or reviewed and, if necessary, revised
under regulation 379.
(3) The operator of a major hazard facility must
include in the safety case a signed statement by
which the operator certifies that—
(a) the information provided under clauses 3, 4
and 7.1 of Schedule 17 is accurate; and
(b) as a consequence of conducting a safety
assessment, the operator has a detailed
understanding of all aspects of risks to
health and safety associated with major
incidents; and
(c) the risk control measures adopted in
accordance with regulation 371 are such
as—

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(i) to, so far as is reasonably practicable,

eliminate or, if it is not reasonably
practicable to eliminate, to reduce so
far as is reasonably practicable, the risk
of a major incident occurring; and
(ii) in the event of a major incident
occurring, to reduce so far as is
reasonably practicable its magnitude
and the severity of its consequences to
persons both on-site and off-site; and
(d) the persons who participate in the
implementation of the safety management
system have the necessary knowledge and
skills to enable them to undertake their
tasks and discharge their responsibilities in
relation to the safety management system.
(4) A signed statement prepared under
subregulation (3) must—
(a) if the operator is a body corporate
and its chief executive resides in Victoria,
be signed by the chief executive; or
(b) if the operator is a body corporate and
its chief executive does not reside in
Victoria, be signed by the chief executive
and by the most senior officer of the body
corporate resident in Victoria.
386 Co-ordination of safety cases
(1) The Authority may require the operators of 2
or more major hazard facilities to co-ordinate
the preparation of their respective safety cases
if it believes that the co-ordinated preparation of
safety cases is necessary in the interests of the
safe operation or the effective safety management
of either or both major hazard facilities.

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(2) Each of the operators of major hazard facilities

who are required under subregulation (1) to
co-ordinate the preparation of safety cases must
provide to the other operators information about
any circumstances at the operator's major hazard
facility that could constitute a major incident
hazard in relation to the other major hazard
facilities.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(3) The operator of a major hazard facility who has
co-ordinated the preparation of a safety case in
accordance with this regulation must include
reference to the information provided under
subregulation (2) in the safety case prepared by
the operator.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
387 Review of safety case
(1) The operator of a major hazard facility must
review and revise the safety case for the major
hazard facility if—
(a) the risk control measures are revised under
regulation 379; or
(b) the operator intends to apply for the renewal
of the operator's major hazard facility licence
under Part 6.1 (Licences); or
(c) a property protection assessment for the
facility is revised under regulation 383.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).

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(2) A revised safety case must—

(a) include all of the matters required under
regulation 385; and
(b) specify the changes made to the safety
case in relation to matters specified in
regulation 385(1).
(3) If a safety case is revised by the operator of a
major hazard facility, the operator must, as soon
as reasonably possible after the revision is made,
provide to the Authority a copy of—
(a) the revised safety case; or
(b) the changes made to the safety case as set out
in subregulation (2)(b).
(4) The Authority may request a copy of the revised
safety case at any time.
(5) The operator must provide to the Authority a
copy of the revised safety case as soon as
reasonably possible after receiving a request
under subregulation (4).
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).

Division 9—Consulting, informing,

instructing and training
388 Consultation with employees and health and safety
representatives
For the purposes of section 35(1) of the Act, the
operator of a major hazard facility must consult in
relation to the following matters—
(a) identifying major incidents that could occur
at the facility and major incident hazards
under regulation 368;
(b) conducting a safety assessment;

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(c) reviewing a safety assessment under

regulation 379;
(d) adopting or reviewing risk control measures
under regulations 371 and 379;
(e) establishing and implementing a safety
management system;
(f) preparing or revising a safety case;
(g) developing or reviewing a safety role for
employees under this Part;
(h) preparing an emergency plan;
(i) reviewing and revising an emergency plan
under regulation 379.
Notes
Note 1 to 1 Act compliance—section 35 (see regulation 7).
reg. 388
substituted by
S.R. No.
112/2021
reg. 10.

2 Part 4 of the Act sets out the duty of the operator to consult,
including involving the health and safety representative
(if any). See also regulation 21.
389 Information, instruction and training
(1) The operator of a major hazard facility must
provide information, instruction and training to
employees of the operator in relation to the
following matters—
(a) the kind of major incidents that could occur
at the major hazard facility;
(b) all major incident hazards;
(c) the implementation of risk control measures
adopted under regulation 371;
(d) the content and operation of the safety
management system;

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(e) the emergency plan;

(f) the safety role developed for employees
under regulation 380.
Note
Act compliance—section 21 (see regulation 7).
(2) The operator must monitor, review and, if
necessary, revise the information, instruction
and training provided under subregulation (1)
in order to ensure it remains relevant and
effective.
Note
Act compliance—section 21 (see regulation 7).
390 Record of training
The operator of a major hazard facility must make
a record of all training provided to an employee
under regulation 389 and keep that record while
the employee is employed at the facility.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
391 Further information and access to documents
For the purpose of complying with regulation 389
the operator of a major hazard facility must—
(a) inform the operator's employees about the
content of the safety case for the major
hazard facility, including any revision of
the safety case; and
(b) ensure that the safety management system,
the safety case and the emergency plan,
or copies of these documents, are readily
accessible to employees of the operator.
Note
Act compliance—section 21 (see regulation 7).

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392 Response to employee alert at major hazard facility

If an employee at a major hazard facility gives
information under regulation 398(c) to the
operator of the facility, the operator must inform
the employee of what, if any, investigative or
other action has been taken in response to the
information.
Note
Act compliance—section 21 (see regulation 7).
393 Information and instruction to non-employees at the
facility
The operator of a major hazard facility must
ensure that any person other than an employee of
the operator who enters the major hazard facility
is, as soon as reasonably possible after entering—
(a) informed generally about the major incident
hazards at the major hazard facility; and
(b) instructed about the safety precautions the
person should take while at the major hazard
facility; and
(c) instructed about the action the person should
take in the event of an emergency plan being
activated while the person is at the major
hazard facility.
Note
Act compliance—sections 23 and 26 (see regulation 7).
394 Information to local community
(1) The operator of a major hazard facility must
provide the local community and municipal
councils for the area occupied by the local
community, with information, in accordance
with regulation 395, about the safety of the
major hazard facility.

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Note
Act compliance—sections 23 and 26 (see regulation 7).
(2) Information provided under this regulation must
be sent in writing to any community or public
library serving the local community.
Note
Act compliance—sections 23 and 26 (see regulation 7).
395 Content of information
Information provided under regulation 394—
(a) must include—
(i) a summary of the safety case for the
major hazard facility; and
(ii) a copy of the licence for the major
hazard facility, including the terms
and conditions of the licence; and
(b) unless already included in the safety case
summary, must include the following—
(i) the name and location of the major
hazard facility;
(ii) the name, position and telephone
number of a contact person from
whom further information can be
obtained;
(iii) a general description of the
operations at the major hazard
facility, including a description of
the Schedule 14 materials present
or likely to be present at the major
hazard facility;
(iv) a general description of major incident
hazards identified at the major hazard
facility and of the major incidents that
have the potential to occur because of
those hazards;

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(v) a general description of the magnitude

of major incidents that could occur at
the major hazard facility and of the
severity of the consequences to health
and safety if such incidents were to
occur;
(vi) the means by which the local
community will be notified of a
major incident in the event of one
occurring;
(vii) the action that members of the local
community should take (in accordance
with the emergency plan for the major
hazard facility) in the event of a major
incident occurring; and
(c) must be presented and expressed in a way
that can be readily understood by a person
who is not familiar with the major hazard
facility and its operations; and
(d) must be reviewed and, if necessary, revised
in the event of any modification being made
to the major hazard facility.
Note
Act compliance—sections 23 and 26 (see regulation 7).
396 Consultation with municipal councils
The operator of a major hazard facility preparing
or revising a safety case under Division 8 must
consult with the municipal councils within the
area occupied by the local community in relation
to all matters that could affect the health and
safety of members of the local community in the
event of a major incident occurring.
Note
Act compliance—sections 23 and 26 (see regulation 7).

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397 Further information on request

The operator of a major hazard facility
who receives a written request from a person
who, on reasonable grounds, believes that
the occurrence of a major incident at the
major hazard facility might adversely affect
the person's health must provide the person
with a copy of the information provided to the
local community under regulation 394.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

Division 10—Duties of employees

398 General requirements
An employee at a major hazard facility must—
(a) follow the operator's procedures relating to
the prevention and control of major incidents
within the major hazard facility; and
(b) follow the operator's emergency procedures
in the event of a major incident occurring or
in the event of the emergency procedures
being activated; and
(c) immediately inform the operator of any
circumstance that the employee considers
may be capable of leading to a major
incident; and
(d) without placing the employee or any other
person at risk, take corrective action under
those prevention and control and emergency
procedures even if the corrective action
could interrupt the operation of the major
hazard facility; and

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(e) notify the employee's supervisor of any

corrective action taken.
Note
Act compliance—section 25 (see regulation 7).

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Part 5.3—Mines

Part 5.3—Mines
Division 1—Introductory matters
399 What is a mine?
For the purposes of this Part—
mine has the same meaning as in section 37 of
the Act and also includes the leased area,
freehold land, prior land and purchased
land within the meaning of the Mines
(Aluminium Agreement) Act 1961 and
any other land acquired under section 7A
of that Act;
tourist mine has the same meaning as in
section 37 of the Act.
400 What is a mining hazard?
(1) For the purposes of this Part, a mining hazard
is—
(a) any activity, procedure, plant, process,
substance, situation or other circumstance
relating to work performed at a mine that
could pose a risk to health or safety in
relation to any of the following—
(i) ground or strata failure, including
ground control, slope stability, rock
falls, rock bursts and susceptibility to
seismic activity;
(ii) inundation or inrush of any substance;
(iii) mine shafts and winding operations;
(iv) mining plant, including mobile plant
and remote control equipment;

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(v) heavy transport equipment;

(vi) mine fire or explosion;
(vii) gas outbursts;
(viii) loss of ventilation;
(ix) air quality including dust or other
airborne contaminants;
(x) radiation from rock strata or other
sources;
(xi) proximity to dangerous openings;
(xii) tailings dams;
(xiii) exposure to sodium cyanide and its
reaction products; and
(b) any other activity, procedure, plant, process,
substance, situation or other circumstance
determined by the Authority to be a mining
hazard under regulation 6.
Reg. 400(2) * * * * *
revoked by
S.R. No.
176/2018
reg. 5.

Reg. 401 401 What is a prescribed mine?

amended by
S.R. No.
176/2018
A prescribed mine is—
reg. 6.
(a) an underground mine; or
(b) a mine that is determined to be a prescribed
mine by the Authority under regulation 403;
or
(c) a mine that is in a class of mines that are
determined to be prescribed mines by the
Authority under regulation 403.

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402 Inquiry before making determination

(1) The Authority may conduct an inquiry to
determine whether or not—
(a) a mine is a prescribed mine, for the purposes
of this Part; or
(b) mines in a class of mines are prescribed
mines, for the purposes of this Part.
(2) The Authority must give written notice of an
inquiry under subregulation (1) to the operator
of a mine that—
(a) is the subject of the proposed inquiry; or
(b) is or may be in the class of mines that is the
subject of the proposed inquiry.
(3) A notice under subregulation (2) must—
(a) state the subject of the inquiry and the
reasons for conducting it; and
(b) invite the operator to make submissions in
relation to the inquiry within 28 days of the
date of the notice.
(4) The Authority must consider any submissions
made by the operator.
403 Authority may determine that a mine is a prescribed
mine
After conducting an inquiry under regulation 402,
the Authority may determine that, for the purposes
of this Part—
(a) a mine is a prescribed mine; or
(b) mines in a class of mines are prescribed
mines.

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Division 2—Safety duties of mine operators

Subdivision 1—Risk control in all mines

404 Identification of mining hazards and assessment of
risk
(1) The operator of a mine must, so far as is
reasonably practicable—
(a) identify all mining hazards at the mine; and
(b) assess the risks associated with all mining
hazards at the mine.
Notes
1 Act compliance— sections 21, 23 and 26
(see regulation 7).
2 Section 20 of the Act sets out the matters to which
regard must be had by, in this case, an operator in
determining what is reasonably practicable to ensure
health and safety.
3 Part 4 of the Act sets out the duty of the operator to
consult, including involving the health and safety
representative (if any). See also regulation 21 and the
consultation requirements in Division 3 of this Part.
(2) The operator must take into account the following
when conducting an assessment of risk under
subregulation (1)(b)—
(a) the nature of the mining hazard; and
(b) the likelihood of the mining hazard causing,
or contributing to, any harm to any person;
and
(c) the severity of the harm that may be caused.
405 Control of risk
(1) The operator of a mine must, so far as is
reasonably practicable, eliminate any risks
associated with mining hazards at the mine.

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(2) If it is not reasonably practicable to eliminate a

risk associated with mining hazards at the mine,
the operator must reduce the risk so far as is
reasonably practicable by—
(a) the substitution of a new activity, procedure,
plant, process or substance for that which is
related to the relevant mining hazard; or
(b) the isolation of persons from the mining
hazard; or
(c) engineering controls; or
(d) combining any of the risk control measures
referred to in paragraphs (a), (b) and (c) .
(3) If the operator has complied with subregulations
(1) and (2) so far as is reasonably practicable and
a risk associated with mining hazards at the mine
remains, the operator must reduce the risk so far
as is reasonably practicable by using
administrative controls.
(4) If the operator has complied with subregulations
(1), (2) and (3) so far as is reasonably practicable
and a risk associated with mining hazards at the
mine remains, the operator must reduce the risk
so far as is reasonably practicable by providing
appropriate personal protective equipment to
persons at risk.
Notes
1 Act compliance—sections 21, 23 and 26 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to consult
with employees, including in respect of making decisions
about the measures to be taken to control risks to health or
safety. This consultation must involve the health and safety
representative (if any). See also regulation 21 and the
consultation requirements in Division 3 of this Part.

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406 Review by operator of a mine

(1) In order to ensure that the operator of a
mine is complying with regulation 405(1)
by implementing appropriate risk control
measures, the operator must review and, if
necessary, revise the following—
(a) the identification of mining hazards; and
(b) the assessment of risks associated with
mining hazards; and
(c) the risk control measures implemented.
(2) A review under subregulation (1) must be
conducted at least once every 3 years as well
as in the following circumstances—
(a) before any mine modification is made;
(b) after any incident involving a mining hazard
occurs at the mine;
(c) if the operator of a mine has removed a
person from the person's work or assigned
the person to alternative work in the
circumstances described in regulation 413;
(d) after receiving a request from a health and
safety representative.
(3) A health and safety representative may make a
request under subregulation (2)(d) if the health
and safety representative believes on reasonable
grounds that—
(a) any of the circumstances referred to in
subregulation (2)(a), (b) and (c) exists; or

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(b) the operator has failed—

(i) to properly review the risk control
measures; or
(ii) to take account of any of the
circumstances referred to in
subregulation (2)(a), (b) and (c)
in conducting a review of, or
revising, the risk control measures.
Notes
1 Act compliance—sections 21, 23 and 26 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to consult
with employees, including in respect of making decisions
about the measures to be taken to control risks to health or
safety. This consultation must involve the health and safety
representative (if any). See also regulation 21 and the
consultation requirements in Division 3 of this Part.

Subdivision 2—Specific safety duties in all mines

407 Application of this Subdivision
Nothing in this Subdivision limits the
requirements imposed by Subdivision 1.
408 Who may enter mine
(1) The operator of a mine must ensure, so far as is
reasonably practicable, that—
(a) no person, other than an inspector, or a
person authorised under section 87 of the
Act, enters the mine without permission; and
Note
Section 87 of the Act allows for entry at a workplace
by an authorised representative of a registered
employee organisation if that representative
reasonably suspects there has been a contravention
of the Act.

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(b) no person under the age of 16 years is

engaged to carry out work in any open cut
workings or in an underground mine; and
(c) no person under the age of 18 years
is engaged to carry out work in an
underground mine, unless the person—
(i) is over the age of 16 years; and
(ii) is an apprentice or trainee under
direct supervision by a suitably
qualified and experienced supervisor
authorised by the operator, as
required under subregulation (2).
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) For the purposes of subregulation (1)(c)(ii), the
operator of the mine must ensure that—
(a) the apprentice or trainee is given directions,
demonstrations and monitoring so that the
apprentice or trainee can perform the
work in a manner that is safe and without
risks to health, and that the directions,
demonstrations and monitoring are
appropriate having regard to—
(i) the tasks assigned to the apprentice or
trainee; and
(ii) the competence of the apprentice or
trainee; and
(b) should an emergency involving the
apprentice or trainee arise, immediate
action to rectify any hazardous situation
can be taken; and

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(c) the apprentice or trainee is always under

direct supervision unless the authorised
supervisor of the apprentice or trainee
reasonably believes—
(i) that the circumstances of a particular
task make such direct supervision
impracticable or unnecessary; and
(ii) that the level of competence of the
apprentice or trainee is sufficient so
that direct supervision in relation to
that task is unnecessary; and
(iii) that the lesser degree of supervision
will not place the apprentice or trainee
or any other person at risk.
Note
Act compliance—section 21 (see regulation 7).
409 Alcohol and drugs
(1) The operator of a mine must develop and
implement strategies to protect persons at the
mine from any risk to their health or safety
arising from the consumption of alcohol or
the use of drugs by any person.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) Strategies under this regulation must include
the introduction of risk control measures on the
presence and use of alcohol and drugs at the
mine during working hours.
(3) Without limiting subregulations (1) and (2), the
operator of a mine must ensure that—
(a) a person who, in the opinion of the operator,
is adversely affected by alcohol or drugs
does not enter or remain at the mine; and

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(b) a person only uses drugs at the mine if

a registered medical practitioner has
prescribed the drugs and authorised their
use at the mine.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(4) In this Part, a person is adversely affected by
alcohol or drugs if the person's judgment or
capacity is impaired to the extent that the person
may expose—
(a) the person's health or safety to a risk; or
(b) another person's health or safety to a risk.
410 Employee fatigue
(1) The operator of a mine must develop and
implement strategies for the control of any
risks associated with employee fatigue.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) Strategies under this regulation must include
work arrangements that, so far as is reasonably
practicable, eliminate employee fatigue.
411 Health monitoring
(1) The operator of a mine must arrange for the
ongoing health monitoring of an employee—
(a) who, having regard to the nature of the
employee's work at the mine, is exposed
to a mining hazard that may reasonably
be expected to have an adverse effect on
the employee's health; or
(b) if the operator, in consultation with a
registered medical practitioner, reasonably
believes that, having regard to the nature
of the employee's work at the mine, the
condition of the employee exposes—

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(i) the employee to a risk to their health

or safety; or
(ii) any other person at the mine to a risk
to their health or safety.
Note
Act compliance—section 22(1) (see regulation 7).
(2) The monitoring of an employee's health may
include a medical examination which must be
conducted—
(a) only in relation to the employee's work at
the mine; and
(b) by, or under the supervision of, a registered
medical practitioner; and
(c) at a frequency determined by the operator
in consultation with a registered medical
practitioner.
Note
Act compliance—section 22(1) (see regulation 7).
(3) The duties of an operator of a mine to an
employee under this regulation extend to
an independent contractor.
Note
Act compliance—section 23 (see regulation 7).
412 Report of health monitoring
(1) This regulation applies in relation to health
monitoring that is conducted in relation to a
person under regulation 411.
(2) The operator of a mine must ensure that the
person who conducted the monitoring prepares
a report of the results of the monitoring, that
includes the following—
(a) an explanation of the results of the
monitoring;

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(b) any indications of adverse health effects

identified by the registered medical
practitioner who conducted or supervised
the monitoring;
(c) any recommendations by the registered
medical practitioner as to measures that
the operator should take in relation to the
employee's work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) The operator of a mine must obtain a copy of the
health monitoring report under subregulation (2).
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Note
The operator must provide a copy of the health
monitoring report to the employee to whom the
report relates as soon as reasonably possible after
receiving the report (see regulation 20(2)(a)).
413 Notice to Authority
The operator of a mine must notify the Authority
in writing as soon as reasonably possible if—
(a) a report under regulation 412 provided to
the operator indicates adverse health effects
in relation to a person; and
(b) as a result of the report, the operator removes
the person from the person's work or assigns
the person to alternative work.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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414 Report provided on person ceasing work at mine

The operator of a mine must return the copy
of the report obtained by the operator under
regulation 412(3) to the person to whom it
relates if the person ceases to work at the mine.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
415 Communication in the event of an employee
working alone
The operator of the mine must ensure, so far as
is reasonably practicable, that there are available
means for effective communication with an
employee who is working alone at an isolated
location at a mine.
Note
Act compliance—section 21 (see regulation 7).
416 Communication in respect of shift change-over
The operator of a mine must ensure that there is a
system by which—
(a) the supervisor of each outgoing shift
provides a written report to the supervisor
of the incoming shift, in relation to the state
of the mine workings and plant and any other
matters that relate to health or safety; and
(b) the supervisor of the incoming shift
communicates the content of the report
provided under paragraph (a) to the
employees on the incoming shift.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).

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Subdivision 3—Additional duties in

prescribed mines
417 Application of this Subdivision
Nothing in this Subdivision limits the
requirements imposed by Subdivisions 1
and 2 on operators of prescribed mines.
418 Safety management system
(1) The operator of a prescribed mine must establish
and implement a safety management system for
the mine, in accordance with this regulation,
which provides a comprehensive and integrated
management system for all risk control measures
implemented under regulation 405.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) The operator of a prescribed mine must use the
safety management system as the primary means
of ensuring the safe operation of the mine.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(3) The operator of a prescribed mine must ensure
that the safety management system—
(a) is documented; and
(b) is set out and expressed in a way that is
readily comprehensible to persons who
use it; and
(c) contains a description of—
(i) the safety assessment; and
(ii) the operator's safety policy; and

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(d) sets out the systems, procedures and other

risk control measures by means of which
risks associated with mining hazards are to
be controlled; and
(e) sets out the performance standards for
measuring the effectiveness of the safety
management system, that—
(i) relate to all aspects of the safety
management system; and
(ii) are sufficiently detailed to enable the
operator to ensure that the effectiveness
of all aspects of the safety management
system is apparent; and
(iii) include steps that are to be taken to
continually improve the safety
management system; and
(f) sets out the way in which performance
standards are to be met; and
(g) sets out the process, including method and
frequency, for the audit of the effectiveness
of the safety management system against the
performance standards.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
419 Operator to keep safety management system
available
The operator of a prescribed mine must keep
the safety management system available for
inspection on request under the Act.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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420 Review of safety management system

The operator of a prescribed mine must review
and, if necessary, revise the safety management
system at least once every 3 years as well as in
the following circumstances—
(a) before a mine modification is made;
(b) after an incident involving a mining hazard
occurs.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
421 Safety assessment of major mining hazards
(1) The operator of a prescribed mine must conduct
a comprehensive and systematic safety assessment
in accordance with this regulation to assess the
risks associated with major mining hazards.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) A safety assessment must involve an investigation
and analysis of the major mining hazards in order
to provide the operator of a prescribed mine with a
detailed understanding of all aspects of risks
associated with major mining hazards.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(3) In conducting a safety assessment under this
regulation, the operator of a prescribed mine
must—
(a) consider the major mining hazards
cumulatively as well as individually; and

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(b) use assessment methods, whether

quantitative, qualitative or both, that are
appropriate to the major mining hazards
being considered.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(4) The operator of a prescribed mine must
document all aspects of the safety assessment
and the documentation must—
(a) describe the methods used in the
investigation and analysis; and
(b) state—
(i) the nature of each major mining hazard;
and
(ii) the likelihood of the major mining
hazard causing, or contributing to, harm
to any person on-site or off-site; and
(iii) the severity of the harm that may be
caused; and
(c) contain reasons for the decisions
reached about the matters referred to
in paragraph (b)(ii) and (iii); and
(d) describe all measures considered for the
control of risks associated with major
mining hazards; and
(e) describe the reasons for implementing
or rejecting all risk control measures
considered; and
(f) be set out and expressed in a way that is
readily comprehensible to all who use it.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).

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422 Operator to keep safety assessment available

The operator of a prescribed mine must keep
the safety assessment documentation available
for inspection on request under the Act.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
423 Testing risk control measures for major mining
hazards
The operator of a prescribed mine must, in
relation to the control of risk associated with
major mining hazards, test all risk control
measures documented under regulation 418(3)(d)
as often as necessary to ensure compliance with
regulation 405 in relation to those hazards.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
Reg. 423A 423A Operators of prescribed mines to notify Authority
inserted by
S.R. No.
176/2018
(1) The operator of a prescribed mine at which
reg. 7. Schedule 14 materials are present, or likely to
be present, in a quantity exceeding 10% of their
threshold quantity must notify the Authority
of this circumstance in accordance with this
regulation.
Notes
1 Act compliance—sections 21, 23 and 26
(see regulation 7).
2 Threshold quantity is defined in regulation 5.
(2) The notice under subregulation (1) must be given
within 30 days after the operator becomes aware,
or ought reasonably to have become aware, of the
circumstance giving rise to the requirement to
notify.

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(3) Without limiting regulation 532, the notice must

contain the information specified in Schedule 18
with all necessary adaptations to the circumstance
described in subregulation (1) that give rise to the
requirement to notify.
423B Changes to information provided—prescribed Reg. 423B
inserted by
mines S.R. No.
176/2018
If any change occurs to the information reg. 7.
provided at any time by the operator of a
prescribed mine to the Authority in relation to a
notice under regulation 423A(1) that is ongoing,
the operator must advise the Authority in writing
of that change as soon as reasonably possible after
the operator becomes aware that the change has
occurred.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
424 Safety role for employees
(1) The operator of a prescribed mine must develop a
safety role for the operator's employees, including
the specific procedures employees are required to
follow to assist the operator to—
(a) identify mining hazards at the mine under
regulation 404; and
(b) implement, review and test risk control
measures under regulations 405, 406
and 423; and
(c) establish and implement a safety
management system; and
(d) conduct and document a safety assessment.
(2) The operator of a prescribed mine must review
the role of the employees developed under this
regulation if there is any change of circumstances,
including a mine modification, that would require

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additional or different knowledge or skills on the

part of employees to perform the role.
Notes
1 Act compliance—section 21 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to
consult, including involving the health and safety
representative (if any). See also regulation 21 and the
consultation requirements in Division 3 of this Part.
3 Mine modification, mining hazard, safety assessment and
safety management system are defined in regulation 5.
425 Shafts and winding
The operator of a prescribed mine must—
(a) ensure that every winding system for a shaft
at the mine includes—
(i) ropes that will enable the shaft
conveyance to bear the weight that
can reasonably be expected to be
borne by the shaft conveyance; and
(ii) controls and limiting devices to
prevent any shaft conveyance from
being overwound or overrun or from
travelling at an unsafe speed; and
(iii) devices that detect slack rope or
drum slip conditions, or tail rope
malfunctions; and
(iv) devices that cause the winder to
stop when a condition or malfunction
referred to in subparagraph (iii) is
detected; and
(v) an appropriate means of
communication to and from every
entrance to the winder room that is
in use; and

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(b) ensure that the ropes in the winding system

of any shaft are tested regularly to ensure the
safe performance of the ropes; and
(c) if a shaft conveyance carrying persons and a
shaft conveyance carrying material operate
in the same shaft, ensure that the persons
being carried are adequately protected from
the shaft conveyance carrying material and
from any material that might leave its shaft
conveyance and cause injury; and
(d) if a shaft conveyance that combines a cage
and skip is used, ensure that material is not
carried in the skip while persons are being
carried in the cage; and
(e) ensure that energy lockout devices are
fitted to all mechanical and electrical
plant associated with any shaft at the mine,
including any mechanical and electrical
plant associated with the operation,
maintenance or use of the shaft; and
(f) ensure that material or plant being carried
in shaft conveyances—
(i) does not protrude from the
shaft conveyance while the
shaft conveyance is moving; and
(ii) is so secured within the shaft
conveyance that it cannot leave
the shaft conveyance except by
being removed deliberately; and
(g) ensure that, in relation to the automatic
winding system for any shaft at the mine—
(i) the functions of the winder can be
monitored from outside the winder
house; and

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(ii) warning systems are installed to alert

persons at the mine of any emergency
in the shaft; and
(iii) radio or other means of communication
between the surface and any shaft
conveyance carrying persons is
provided and maintained; and
(h) ensure that facilities for loading material or
plant onto or into a shaft conveyance are
designed and operated so as to prevent
spillage into the shaft.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
426 Progress of mine workings
(1) The operator of a prescribed mine must do the
following if any underground mine workings
are, or may be, near or approaching an area that
contains water or flammable, toxic or noxious
gases that may pose a risk to the health or safety
of any person at the mine—
(a) ensure that the person whose health or
safety may be at risk is at all times aware of
the location of the faces being advanced;
(b) ensure bore-holes are drilled from the
workings that will indicate the presence
and location of the water or gas.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) If any underground workings are proposed to be
connected to other workings (including disused
workings), the operator of a prescribed mine must
ensure that the other workings are inspected for
the following—

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(a) water;
(b) gas;
(c) misfires;
(d) butts;
(e) any other circumstance that may pose a risk
to the health or safety of any person at the
mine.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(3) If 2 working faces are approaching each other,
the operator of a prescribed mine must ensure
that one of the workings is stopped, made safe
and barricaded as soon as reasonably possible
before the distance separating the faces is reduced
to 10 metres.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
427 Emergency exit
The operator of a prescribed mine into which a
shaft has been sunk or a decline or adit has been
driven must, so far as is reasonably practicable—
(a) provide for a means of exiting the mine
workings in addition to the hoisting shaft
or the exit normally used; and
(b) ensure that the additional exit is—
(i) maintained so that it remains a
functional exit; and
(ii) marked or signposted so that it can
be readily located in the event of an
incident.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).

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428 Filling
The operator of a prescribed mine must ensure, so
far as is reasonably practicable, that the material
used for the filling of mined out areas does not
pose a risk to the health or safety of any person.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
429 Working environment
(1) The operator of a prescribed mine must ensure
that—
(a) the air throughout the mine where persons
work or travel, or areas of the mine where a
person may work or travel, is maintained at
a safe level; and
(b) the atmosphere is subject to controls that
prevent thermal stress; and
(c) the moisture content of the atmosphere is
maintained at a level that enables work to
be performed safely; and
(d) lighting within the mine is sufficient to
enable work to be performed safely.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) Without limiting subregulation (1)(a), the air is at
a safe level if the air—
(a) contains a safe oxygen level; and
(b) does not contain a harmful level of any
contaminant or impurity, including a
concentration of any hazardous substance
that is above the exposure standard (if any)
for that hazardous substance or any or all
of its ingredients.

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430 Ventilation system

(1) The operator of a prescribed mine must ensure
that—
(a) ventilation circuits at the mine do not allow
airflows to recirculate; and
(b) structures that regulate airflow are
maintained in operating condition; and
(c) air does not pass through so many work
areas that it becomes unfit to breathe; and
(d) dead-end openings are not worked unless
adequate auxiliary ventilation is provided;
and
(e) underground workings are not ventilated
with contaminated air.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) The operator of a prescribed mine must regularly
monitor and test the operation of all aspects of the
ventilation system at the mine to ensure that the
system complies with subregulation (1).
Note
Act compliance—section 22(1) (see regulation 7).
431 Record of monitoring and testing
(1) The operator of a prescribed mine must, in
accordance with subregulation (2), make and
keep a record of the monitoring and testing of
the ventilation system under regulation 430.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) The record of the monitoring and testing of the
ventilation system must be set out and expressed
in a way that is readily comprehensible to all who
use it.

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(3) The operator of a prescribed mine must keep the

record made under this regulation available for
inspection on request under the Act.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.
432 Prohibitions
The operator of a prescribed mine must not allow
the following to be used underground—
(a) an internal combustion engine (other than a
compression ignition engine);
(b) polyurethane foam.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
433 Emergency plan
(1) The operator of a prescribed mine must prepare
an emergency plan for the mine in accordance
with subregulation (2).
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) The emergency plan must—
(a) address all aspects of emergency response,
including—
(i) ensuring that a system exists that
enables all persons within the mine at
any given time to be promptly located;
and
(ii) the provision of adequate rescue
equipment; and
(iii) ensuring that persons trained in the
use of rescue equipment are available
on site, or are on call, whenever any
person is working at the mine; and

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(b) be prepared in conjunction with—

(i) the emergency services that have
responsibility for the area in which
the mine is located; and
(ii) in relation to major mining hazards
that could adversely affect the health
or safety of persons in the area
surrounding the mine, any municipal
council in that area; and
(c) be documented in a form that it is readily
comprehensible to persons who use it; and
(d) be able to be implemented immediately
in response to an incident involving a
significant risk of serious injury or death.
(3) The operator must immediately implement
the emergency plan in responding to incidents
involving a significant risk of serious injury or
death.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(4) The operator of a prescribed mine must ensure
that the emergency plan is kept available for
inspection on request under the Act.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
434 Emergency plan to be kept and sent to emergency
services and municipal councils
After preparing an emergency plan the operator of
the prescribed mine must—
(a) keep a copy of the emergency plan at the
prescribed mine for use by emergency
services; and

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(b) send a copy of the emergency plan to—

(i) the emergency services involved
in the preparation of the plan under
regulation 433(2)(b)(i) and inform
them of the plan's location at the
prescribed mine; and
(ii) the municipal councils involved in
the preparation of the plan under
regulation 433(2)(b)(ii).
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
435 Emergency plan must be tested
The operator of a prescribed mine must at least
once a year—
(a) test the emergency plan in order to ensure its
continued effectiveness; and
(b) take all necessary steps to arrange for
the emergency services consulted under
regulation 433(2)(b)(i) to participate in
those tests.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
436 Self-rescue
(1) The operator of an underground mine must ensure
that every person who goes underground—
(a) is, so far as is reasonably practicable,
provided with a self-contained self-rescuer
or, if this is not reasonably practicable, is
provided with a filter self-rescuer; and

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(b) is trained in the operation and use of the

self-rescuer provided.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) This regulation does not apply in relation to a
person (including a guide, if any) participating in
an organised tour of a tourist mine.
437 Plan of mine
(1) The operator of a prescribed mine must ensure
that a detailed plan of the mine in accordance
with subregulation (2) is kept at the mine.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
(2) The plan must clearly show the following—
(a) the workings, including disused workings of
the mine;
(b) the ventilation system, including all
ventilation fans;
(c) the location of switchboards, transformers
and other fixed plant associated with the
distribution of electricity;
(d) the location of telephones and other fixed
plant associated with the radio and
telecommunications systems;
(e) water dams and tailings dams;
(f) natural features surrounding the mine;
(g) places where hydrocarbons or explosives are
stored;
(h) emergency exits.

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(3) The operator of the prescribed mine must revise

the plan regularly so that it always accurately
shows which mine workings are still in use and
which are disused.
Note
Act compliance—sections 21, 23 and 26 (see regulation 7).
438 Plan of mine to be available for inspection
The operator of a prescribed mine must keep the
plan of the mine, prepared and revised under
regulation 437, available for inspection on request
under the Act.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

Division 3—Consultation and information

439 Consultation with employees and health and safety
representatives
For the purposes of section 35(1) of the Act, the
operator of a mine must consult in relation to—
(a) developing and implementing strategies
under regulations 409 and 410; and
(b) identifying mining hazards under
regulation 404; and
(c) in the case of a prescribed mine—
(i) implementing a safety management
system; and
(ii) conducting a safety assessment; and
(iii) developing a safety role for employees
under regulation 424; and
(iv) preparing an emergency plan; and

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(v) reviewing and revising an emergency

plan.
Notes
1 Act compliance—section 35 (see regulation 7). Note 1 to
reg. 439
substituted by
S.R. No.
112/2021
reg. 11.

2 Part 4 of the Act sets out the duty of the operator to consult,
including involving the health and safety representative
(if any). See also regulation 21.
3 Safety assessment and safety management system are
defined in regulation 5.
440 Information about adoption of risk control measure
If, after consulting under section 35 of the Act,
the operator adopts a risk control measure in
relation to a major mining hazard, the operator
must inform the health and safety representative
and, if there is no health and safety representative,
the employees of—
(a) the reasons for adopting the measure; and
(b) the reasons for rejecting any alternative risk
control measures that were discussed during
the consultation.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
441 Information, instruction and training
(1) The operator of a mine must provide information,
instruction and training to employees of the
operator at the mine in relation to the following—
(a) all mining hazards at the mine;
(b) the implementation of risk control measures
under regulation 405;

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(c) the strategies developed, implemented and

maintained under regulation 409 or 410;
(d) in the case of prescribed mines—
(i) the content and implementation of the
safety management system;
(ii) the emergency plan;
(iii) the safety role for employees developed
under regulation 424.
Note
Act compliance—section 21 (see regulation 7).
(2) The operator of a mine must ensure that the
information, instruction and training provided
is monitored, reviewed and, if necessary, revised
in order to remain relevant and effective.
Note
Act compliance—section 21 (see regulation 7).
442 Record of training
The operator of a mine must make a record of
all training provided to an employee under
regulation 441 and keep that record while that
employee is employed at the mine.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
443 Further information and availability of documents
in respect of prescribed mines
The operator of a prescribed mine must ensure
that the following are readily accessible to
employees of the operator—
(a) the documented safety management system;
(b) the emergency plan;

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(c) the plan of the mine prepared under

regulation 437.
Note
Act compliance—section 21 (see regulation 7).
444 Response to employee alert at prescribed mine
An operator of a prescribed mine to whom an
employee of that operator gives information about
a major mining hazard under regulation 448(c)
must inform the employee what, if any,
investigative or other action has been taken
in response to the information.
Note
Act compliance—section 21 (see regulation 7).
445 Information and instruction to non-employees
The operator of a mine must ensure that any
person, other than an employee of the operator,
who enters a mine is, as soon as reasonably
possible after entering—
(a) informed about any mining hazards to which
the person might be exposed while at the
mine; and
(b) instructed in the safety precautions the
person should take while at the mine; and
(c) in the case of a prescribed mine, instructed
about the action the person should take in the
event of the emergency plan being activated
while the person is at the mine.
Note
Act compliance—sections 23 and 26 (see regulation 7).

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446 Information to job applicants

If a person applies to work at a mine, the
employer, before employing the person to
work at the mine, must provide the person with
information about the purpose, and the type or
nature, of the medical examinations and other
health monitoring that are required under this
Part to be conducted in respect of employees.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.

Division 4—Duties of employees

447 General requirements
(1) An employee of an operator of a mine must—
(a) wear or use appropriate personal protective
equipment or rescue equipment provided by
the operator under this Part in accordance
with instructions given by the operator; and
(b) follow all other instructions given by the
operator in complying with any provision of
this Part; and
(c) alert immediate co-workers to any mining
hazard of which the employee becomes
aware; and
(d) inform the operator if the employee observes
any person who appears to be in a condition
that may cause a danger to the person or to
any other person at the mine; and
(e) not enter or remain at the mine if adversely
affected by alcohol or drugs; and
(f) not, without the permission of the operator of
the mine, take into the mine—
(i) any alcohol; or

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(ii) any drugs that may adversely affect the

employee, whether or not a registered
medical practitioner has prescribed the
drugs and authorised their use at work.
Note
Act compliance—section 25 (see regulation 7).
(2) An employee at a mine must, in the event of an
incident occurring that involves a mining hazard,
take appropriate corrective action in accordance
with the instruction and training the employee has
received under regulation 441.
Note
Act compliance—section 25 (see regulation 7).
(3) An employee taking corrective action under
subregulation (2)—
(a) must do so without placing the employee or
any other person at risk; and
(b) must do so even if that corrective action
could interrupt the operation of the mine.
Note
Act compliance—section 25 (see regulation 7).
448 Major mining hazards in prescribed mines
An employee at a prescribed mine must—
(a) participate in the testing of the emergency
plan; and
(b) follow the emergency plan when it is
activated; and
(c) immediately inform the operator of any
circumstance that the employee considers
might be a major mining hazard.
Note
Act compliance—section 25 (see regulation 7).

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Part 6.1—Licences

Chapter 6—Licensing and registration

Part 6.1—Licences
Division 1—Applications

Subdivision 1—General provisions

449 Matters to be included in licence application
An applicant for a licence must include the
following in the application—
(a) any evidence of identity required by the
Authority;
(b) if required by the Authority, a photograph
of the applicant of the size and in the form
specified by the Authority;
(c) a declaration as to whether or not the
applicant (and in the case of a body
corporate, any officer of the applicant
body corporate) has ever been found
guilty of any offence under any relevant
occupational health and safety legislation;
(d) details of any finding of guilt declared under
paragraph (c);
(e) a declaration as to whether the applicant
(and in the case of a body corporate, any
officer of the applicant body corporate) has
ever previously had a licence or approval
suspended or cancelled under any relevant
occupational health and safety legislation,
and if so, details of the suspension or
cancellation;

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(f) a declaration to the effect that the

information contained in the application
is, to the best of the applicant's knowledge,
true;
(g) if the applicant seeks to have the licence
granted in the name of a business, the
business name and written evidence required
by the Authority of the registration of the
business name.
Notes
1 Relevant occupational health and safety legislation is
defined in regulation 5.
2 Regulation 532 enables the Authority to specify the form of
the application, how it is to be made and to specify other
information and documents that must be included in or with
applications. There are also additional requirements that
must be complied with in relation to applications for
particular types of licences—see Subdivision 2 (high risk
work licences), Subdivision 3 (asbestos removal licences),
Subdivision 4 (carcinogens licences) and Subdivision 5
(major hazard facility licences).
450 Application fees—high risk work licences
An application for a high risk work licence
must be accompanied by a fee of 4·5 fee units in
respect of each class of work for which a licence
is sought.
451 Application fees—asbestos removal licences
(1) In relation to an application for a Class A asbestos
removal licence, or for a renewal of a Class A
asbestos removal licence, the relevant application
fee for an application made within the period
specified in column 1 of Table 1 is the fee
specified in column 2 of the table in respect of
that period.

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Table 1—Class A asbestos removal licence

Column 1 Column 2
Period within which the application is lodged Fee
(both dates inclusive)
18 June 2017–30 June 2018 44·9 fee units
1 July 2018–30 June 2019 52·6 fee units
1 July 2019–30 June 2020 60·3 fee units
1 July 2020–30 June 2021 68 fee units
On or after 1 July 2021 75·7 fee units

(2) In relation to an application for a Class B asbestos

removal licence, or for a renewal of a Class B
asbestos removal licence, the relevant application
fee for an application made within the period
specified in column 1 of Table 2 is the fee
specified in column 2 of the table in respect of
that period.

Table 2—Class B asbestos removal licence

Column 1 Column 2
Period within which the application is lodged Fee
(both dates inclusive)
18 June 2017–30 June 2018 40·5 fee units
1 July 2018–30 June 2019 46·5 fee units
1 July 2019–30 June 2020 52·5 fee units
1 July 2020–30 June 2021 58·5 fee units
On or after 1 July 2021 64·5 fee units
Reg. 451A 451A Application fees—engineered stone licence
inserted by
S.R. No.
137/2021
An application for an engineered stone licence
reg. 8. must be accompanied by a fee of 20·3 fee units
for each licence that is sought.

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452 Matters to be satisfied before licence can be granted

(1) The Authority must refuse to grant a licence if—
(a) the application has not been made in
accordance with these Regulations; or
(b) it is not satisfied of the following—
(i) in the case of an application for a
licence other than a major hazard
facility licence, that the applicant
will be able to perform safely and
competently the activities that the
licence would authorise the applicant
to perform if it were granted;
(ii) in the case of an application for a
major hazard facility licence, that the
applicant will be able to safely and
competently operate the major hazard
facility that is the subject of the
application;
(iii) that the applicant is likely to comply
with the terms and conditions that will
apply to the licence;
(iv) as to the identity of the applicant; or
(c) it is satisfied that the applicant—
(i) has given information in the application
that was false or misleading in a
material particular (without advising
the Authority in writing at the time that
the information was given that it was
false or misleading); or
(ii) did not disclose material information to
the Authority.

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Note to
Note
reg. 452(1) The Authority is also required to refuse a licence if certain
amended by
S.R. No. additional requirements in respect of particular licences
137/2021 are not met—see Subdivision 2 (high risk work licences),
reg. 9. Subdivision 3 (asbestos removal licences), Subdivision 4
(carcinogens licences), Subdivision 5 (major hazard facility
licences) and Subdivision 6 (engineered stone licences).
(2) If the Authority is not required to refuse to grant
a licence under any provision of this Division, it
must grant the licence.
Note
Subdivision 4 (carcinogens licences) and Subdivision 5
(major hazard facility licences) require the payment of a
fee before the Authority may grant a licence to a person
who is otherwise eligible to be granted the licence.
(3) For the purposes of subregulation (1)(b)(i) to (iii),
the Authority may take into account any matter
that it considers to be relevant, including, for
example, the following—
(a) any findings of guilt of the applicant
(and in the case of a body corporate, any
officer of the applicant body corporate)
under any relevant occupational health
and safety legislation;
(b) whether the applicant has previously had a
licence or approval suspended or cancelled
under any relevant occupational health and
safety legislation;
(c) if the applicant has previously held a
licence of the type that is the subject of
the application, the applicant's record of
performance while performing work
under that licence;
(d) the applicant's record with respect to
any matters arising under any relevant
occupational health and safety legislation;

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(e) in the case of an application for an asbestos Reg. 452(3)(e)

removal licence, any findings of guilt of amended by
S.R. No.
the applicant (and in the case of a body 88/2021
corporate, any officer of the applicant reg. 14.
body corporate) under the Environment
Protection Act 1970 (as in force
immediately before its repeal) or the
Environment Protection Act 2017 or any
regulations made under those Acts in relation
to asbestos.
453 Time for processing licence application
(1) This regulation applies if the Authority receives
an application for a licence that has been made in
accordance with these Regulations.
(2) The Authority must give the applicant a written
notice stating the Authority's intention to grant,
or to propose to refuse to grant, the licence—
(a) subject to regulation 471, in the case of
an application for a major hazard facility
licence, within 6 months after receiving
the application; or
(b) in the case of an application for a high risk
work licence, within 45 days after receiving
the application; or
(c) in the case of any other application for a
licence, within 60 days after receiving the
application.
Note
Regulation 454 provides for the suspension of these periods
if the Authority requests additional information from the
applicant.
454 Authority may request additional information
(1) If the Authority receives an application for
a licence that does not contain sufficient
information to enable the Authority to make

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a decision whether or not to grant the licence,

the Authority may ask the applicant to provide
additional information to enable it to make a
decision.
(2) A request for additional information under
subregulation (1) must—
(a) be made in writing; and
(b) specify a period within which the
information must be given to the
Authority; and
(c) advise the applicant that the time limit
that applies to the processing of the
application under regulation 453 has been
suspended and will remain suspended—
(i) until the additional information
requested is provided; or
(ii) if that information is not provided,
until the end of the period specified
under paragraph (b).
(3) In specifying a period under subregulation (2)(b),
the Authority must not specify a period that is
longer than—
(a) subject to regulation 471, in the case of a
major hazard facility licence, 6 months;
(b) in the case of a high risk work licence,
45 days;
(c) in the case of any other licence, 60 days.
(4) If the Authority requests additional information
from an applicant, the following periods are not
to be counted for the purposes of calculating the
periods specified in regulation 453(2)—
(a) the period from when the request is sent
to the applicant to when the additional
information is received by the Authority; or

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(b) if the information is not provided, the

period from when the request is sent to
the applicant to the end of the period
specified under subregulation (2)(b).
(5) Nothing in this regulation restricts the number
of requests for additional information that
the Authority may make, however, if the
Authority makes more than one request it must
ensure that the cumulative total of the periods
specified or used (whichever is the shorter)
under subregulation (2)(b) in respect of the
requests does not exceed the period listed in
regulation 453(2) with respect to the relevant
type of licence.
Example
A person applies for a high risk work licence. The Authority
seeks additional information and gives the applicant a notice
requesting the information within 45 days. The applicant
provides the information 27 days after the notice is given.
If the Authority seeks further additional information under
this subregulation it may specify a period of up to 18 days
for the applicant to provide the second lot of information.
This is because only 27 days were used of the 45 days
specified for the provision of the first response, and the
27-day period actually used is shorter than the 45-day
period originally specified.
455 Procedure if the Authority proposes to refuse to
grant licence
(1) If the Authority proposes to refuse to grant a
licence, the Authority must include in the notice
required by regulation 453(2)—
(a) the reasons why it proposes to refuse to grant
the licence; and
(b) an invitation to the applicant to make a
submission to the Authority, within a
specified period of not less than 14 days,
in relation to the proposed refusal.

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(2) Within 30 days after the end of the period

specified for the purposes of subregulation (1)(b),
the Authority must—
(a) consider any submission made by, or on
behalf of, the applicant before the end of
the period; and
(b) decide whether it will grant or refuse to grant
the licence; and
(c) give the applicant written notice of that
decision.
456 Form of evidence of licence document
After granting a licence, the Authority must give
the licence holder a document that includes the
following—
(a) the name of the licence holder;
(b) the date on which the licence was granted
and, if the licence specifies a date on which
the licence takes effect, the date on which
the licence takes effect;
(c) the date on which the licence expires;
(d) any terms and conditions to which the
licence is subject;
(e) an identifying number;
(f) in the case of a high risk work licence—
(i) a photograph of the licence holder; and
(ii) the date of birth of the licence holder;
and
(iii) either a copy of the signature of the
licence holder or provision for the
signature of the licence holder; and

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(iv) the class or classes of high risk work

authorised by the licence;
(g) in the case of an asbestos removal licence—
(i) the class of activity authorised by the
licence; and
(ii) the specific types of asbestos, if
relevant, that can be removed under
the licence;
(h) in the case of a carcinogens licence—
(i) the class or classes of activity
authorised by the licence; and
(ii) the name of the scheduled carcinogenic
substance that may be used under the
licence; and
(iii) the address of the workplace at which
the substance may be used; and
(iv) the purpose for which the substance
may be used under the licence;
(i) in the case of a major hazard facility licence, Reg. 456(i)
amended by
the name of the major hazard facility and the S.R. No.
Schedule 14 materials that may be present at 137/2021
reg. 10(a).
the facility;
(j) in the case of an engineered stone licence, Reg. 456(j)
inserted by
the address of the workplace at which an S.R. No.
engineered stone process may be undertaken. 137/2021
reg. 10(b).

457 When licence starts and ends

(1) A licence takes effect on the day it is granted
or on any later date specified in the evidence
of licence document by the Authority.
(2) A licence, unless earlier cancelled, ends on the
day specified by the Authority in the evidence
of licence document, which may be—

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(a) a period of up to 5 years from the day on

which the licence was granted; or
(b) if the licence has been renewed, a period of
up to 5 years from the day on which the last
renewal took effect.

Subdivision 2—Additional provisions in

relation to a high risk work licence
458 Additional information to be included in high risk
work licence application
In addition to any other information required by
these Regulations, a person applying for a high
risk work licence must also include with the
application, in relation to the work in respect
of which the licence is sought, a notice of
assessment (satisfactory) issued for that work.
Note
Notice of assessment (satisfactory) is defined in regulation 5.
459 Additional matters to be satisfied before high risk
work licence can be granted
(1) In addition to the requirements specified in
Subdivision 1, the Authority must refuse to
grant a high risk work licence if—
(a) it is satisfied that the applicant, in relation
to the class or classes of high risk work
being sought, holds or held a high risk
work licence or certificate that was issued
by a corresponding Authority that—
(i) was suspended at the time the
application was made; or
(ii) had been cancelled in the 2 years
immediately before the date the
application was made; or

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(b) it is satisfied that the applicant already

holds a licence to perform that high
risk work that has been granted or issued
by a corresponding Authority; or
(c) it is not satisfied that—
(i) the applicant resides in Victoria or, in
the case of an applicant who does not
reside in Victoria, that the applicant
has reasonable grounds for applying
for the licence in Victoria; or
(ii) the applicant is at least 18 years of age;
or
(iii) any notice of assessment (satisfactory)
on which the applicant relies was issued
60 days or less before the date on which
the application was made.
(2) The Authority must refuse to grant a high risk
work licence if it is satisfied that the notice of
assessment (satisfactory) accompanying the
application for the licence was obtained or
provided on the basis of fraud or the provision
of false or misleading information by any person
or body.
Note
Person or body would include the applicant and the
authorised assessor who issued the notice of assessment
(satisfactory).

Subdivision 3—Additional provisions in

relation to an asbestos removal licence
460 Restriction on who may apply for asbestos removal
licence
Only an employer or self-employed person may
apply for an asbestos removal licence.

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461 Scope of licence

(1) Only the asbestos removal work specified in an
asbestos removal licence can be performed under
that licence.
(2) An asbestos removal licence does not extend to
the transport of asbestos waste.
Note to Note
reg. 461(2)
substituted by The transport of asbestos waste is regulated by the
S.R. No. Environment Protection Authority.
88/2021
reg. 15.

462 Additional information to be included in asbestos

removal licence application
(1) In addition to any other information required
by these Regulations, a person applying for an
asbestos removal licence must also include the
following with the application—
(a) details of the specific types of asbestos, if
relevant, that is intended to be removed
under the licence;
(b) the name of each person who will supervise
the asbestos removal work to be performed
under the licence;
(c) detailed information on the training and
experience of each supervisor;
(d) detailed information on the type of training
undertaken by the employees who are to be
engaged in the asbestos removal work;
(e) detailed information on the personal
protective equipment that the applicant
intends to provide to persons engaged in
the asbestos removal work;

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(f) if the applicant intends to use a vacuum

cleaner with a HEPA filter, detailed
information on the vacuum cleaner;
(g) details of laundering arrangements
proposed in relation to the asbestos
removal work, including the name and
address of any laundry intended to be
used for the laundering of personal
protective clothing;
(h) a declaration as to whether or not the Reg. 462(1)(h)
amended by
applicant (and in the case of a body S.R. No.
corporate, any officer of the applicant body 88/2021
reg. 16.
corporate) has ever been found guilty of any
offence under the Environment Protection
Act 1970 (as in force immediately before its
repeal) or the Environment Protection
Act 2017 or any regulations made under
those Acts in relation to asbestos;
(i) the details of any finding of guilt declared
under paragraph (h);
(j) whether the applicant (and if the applicant
is a body corporate, any officer of the
applicant body corporate) holds a licence or
approval for asbestos removal work in any
other Australian State or Territory;
(k) information as to whether the applicant
(and if the applicant is a body corporate,
any officer of the applicant body corporate)
has ever had a previous application for a
licence as an asbestos removalist refused,
suspended or cancelled by any Government
or non-Government body in any Australian
State or Territory.

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(2) In addition to any other information required by

these Regulations, a person applying for a Class A
asbestos removal licence must include with the
application—
(a) details of the current certification of the
asbestos occupational health and safety
management systems together with
evidence of that current certification; or
(b) if the person has not been previously granted
a Class A asbestos removal licence, evidence
of a satisfactory review by an occupational
health and safety auditor within the period of
6 months immediately preceding the receipt
of the application of the person's asbestos
occupational health and safety management
system documents.
463 Additional matters to be satisfied before asbestos
removal licence can be granted
(1) In addition to the requirements specified in
Subdivision 1, the Authority must refuse to grant
an asbestos removal licence if it is not satisfied
that the information given with the application
indicates that—
(a) the supervisor or supervisors nominated in
the application is, or are, appropriately
trained and experienced; or
(b) in relation to an application for a Class A
asbestos removal licence—
(i) the applicant has current certification
for an asbestos occupational health and
safety management system; or

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(ii) there has been a satisfactory review

by an occupational health and safety
auditor within the period of 6 months
immediately preceding the receipt
of the application of the applicant's
asbestos occupational health and safety
management system documents.
(2) A Class A asbestos removal licence granted to an
applicant who does not have current certification
for an asbestos occupational health and safety
management system is granted on the condition
that the certification must be obtained by the date
specified in the licence, or in any event no later
than 12 months after the licence takes effect.

Subdivision 4—Additional provisions in

relation to a carcinogens licence
464 Restriction on who may apply for carcinogens
licence
(1) Only an employer or self-employed person may
apply for a carcinogens licence.
(2) A carcinogens licence can only be granted in
respect of the workplace of that employer or
self-employed person.
465 Additional information to be included in
carcinogens licence application
In addition to any other information required
by these Regulations, a person applying for
a carcinogens licence must include with the
application the following information in
relation to the scheduled carcinogenic substance
in respect of which the licence is sought—
(a) the name of the substance;

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(b) the workplace address at which the substance

is intended to be used;
(c) the quantity of the substance that is intended
to be used each year;
(d) the purposes for which the substance is
intended to be used;
(e) a statement, supported by reasons, that the
elimination or substitution of the substance
from the workplace is not reasonably
practicable;
(f) a description of the risk control measures
intended to be put in place to, so far as is
reasonably practicable, eliminate risks or
to reduce risks so far as is reasonably
practicable and a justification of those
risk control measures;
(g) the number of employees who might be
exposed to the substance;
(h) the name and address of the supplier from
whom the person intends to obtain the
substance.
466 Fee to be paid before a carcinogens licence can be
granted
(1) Despite Subdivision 1, the Authority must not
grant a carcinogens licence to a person unless
the person has paid a fee of 7·9 fee units for
each hour the application took to be processed
by the Authority.
(2) The Authority must not seek a fee of more than
86·9 fee units under subregulation (1).

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Subdivision 5—Additional provisions in relation

to a major hazard facility licence
467 Restriction on who may apply for major hazard
facility licence
Only an operator who holds the registration for a
major hazard facility under Part 6.2 (Registration)
may apply for a major hazard facility licence in
respect of the major hazard facility.
468 Time limit for applications in relation to a registered
major hazard facility
If a licence is sought for a major hazard facility
that is registered under Part 6.2 (Registration),
the operator of the major hazard facility must
apply to the Authority for a licence no later than
6 months before the registration expiry date for
that registration.
Note
Registration expiry date has the meaning given by regulation 517.
469 Additional information to be included in major
hazard facility licence application
In addition to any other information required by
these Regulations, a person applying for a major
hazard facility licence must also include with the
application—
(a) sufficient details to enable the major hazard
facility to be identified; and
(b) the safety case prepared in accordance with
Part 5.2 (Major hazard facilities).
470 Additional matters to be satisfied before major
hazard facility licence can be granted
In addition to the requirements specified in
Subdivision 1, the Authority must refuse to
grant a major hazard facility licence if it is
not satisfied that—

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(a) the safety case accompanying the

application has been prepared in
accordance with Division 8 of
Part 5.2 (Major hazard facilities); or
(b) the applicant has complied with the
provisions of Divisions 6 and 9 of
Part 5.2 (Major hazard facilities),
other than regulation 395(a)(ii).
471 Additional time limits for notifying applicants
(1) The time limits set out in regulations 453 and 454
do not apply to an application for a major hazard
facility licence if—
(a) the Authority is of the opinion that it
will not be able to satisfy itself of the
matters referred to in this Subdivision
and Subdivision 1 within 6 months; and
(b) the Authority gives the applicant written
notice of that opinion within 6 months after
the date the application was received, and
that notice specifies the date by which the
Authority will decide the application.
(2) For the purposes of subregulation (1)(b),
the Authority may only specify a date that
is within 12 months after the date it received
the application.
(3) If subregulation (1) applies, the Authority must
give the applicant a written notice stating that
the Authority intends to grant, or to propose to
refuse to grant, the licence on or before the date
specified under subregulation (1)(b).
Note
If the decision period is extended under subregulation (1),
regulation 519(d) provides that the registration of the major
hazard facility does not expire before the end of the extended
period (unless one of the other paragraphs in regulation 519
applies).

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472 Fee to be paid before major hazard facility licence

can be granted
(1) Despite Subdivision 1, the Authority must
not grant a major hazard facility licence unless
the applicant for the licence has paid a fee of
9·3 fee units for each hour the application took
to be processed by the Authority.
(2) The Authority must not seek a fee of more than
6570·9 fee units under subregulation (1).
(3) The activities involved in processing an
application for a major hazard facility licence
include the following—
(a) checking the completeness of the safety
case and the other information and material
accompanying the application;
(b) determining that further information or
material are required, and obtaining the
information or material from the applicant;
(c) verifying the information provided by the
applicant by—
(i) examining the safety case and the other
information and material provided; and
(ii) visiting and examining the site of the
major hazard facility to which the
application relates;
(d) considering and deciding on the merits of the
application;
(e) taking all necessary administrative steps.

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Pt 6.1 Div. 1 Subdivision 6—Additional provisions in relation to

Subdiv. 6
(Heading and an engineered stone licence
regs 472A–
472C)
inserted by
S.R. No.
137/2021
reg. 11.

Reg. 472A 472A Restriction on who may apply for an engineered

inserted by
S.R. No. stone licence
137/2021
reg. 11. (1) Only an employer or a self-employed person may
apply for an engineered stone licence.
(2) An engineered stone licence can only be granted
in respect of the workplace of that employer or
self-employed person.
Reg. 472B 472B Additional information to be included in an
inserted by
S.R. No. engineered stone licence application
137/2021
reg. 11. In addition to any other information required by
these Regulations, a person applying for an
engineered stone licence must also include the
following with the application—
(a) the workplace address at which an
engineered stone process is intended to be
undertaken under the licence;
(b) a copy of a proposed engineered stone
control plan;
(c) a description of the risk control measures
intended to be put in place to eliminate or
reduce risks and a justification of those risk
control measures;
(d) the number of employees who might be
exposed to crystalline silica dust at the
workplace;
(e) the name and address of any supplier from
whom the applicant intends to purchase
engineered stone;

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(f) detailed information on the type of

information, instruction and training that the
applicant intends to provide to employees
who undertake an engineered stone process;
(g) detailed information on the respiratory
protective equipment that the applicant
intends to provide to persons who undertake
an engineered stone process;
(h) a statement that information has been
provided to job applicants and employees
regarding the health risks associated with
exposure to crystalline silica dust that
satisfies the requirements of regulations
319ZB and 319ZC.
472C Additional matters to be satisfied before engineered Reg. 472C
inserted by
stone licence can be granted S.R. No.
137/2021
In addition to the requirements specified in reg. 11.
Subdivision 1 of this Division, the Authority must
refuse to grant an engineered stone licence if it is
not satisfied that—
(a) the proposed engineered stone control plan
accompanying the application satisfies the
requirements of Part 4.5; or
(b) information, instruction and training has
been provided, or is to be provided, to
employees that satisfies the requirements of
regulation 319ZC; or
(c) information has been provided, or is to be
provided, to job applicants regarding the
health risks associated with exposure to
crystalline silica dust that satisfies the
requirements of regulation 319ZB.

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Division 2—Other provisions concerning a licence

Subdivision 1—General
473 Authority may impose terms and conditions on
licence
(1) This regulation applies to—
(a) the grant or renewal of a licence under this
Part; or
(b) the transfer of a major hazard facility licence
under regulation 479.
(2) The Authority may impose on the licence any
terms and conditions that it considers to be
appropriate to further the purposes for which
the licence is granted, renewed or transferred.
(3) Without limiting subregulation (2), the Authority
may impose, in relation to any activity that may
be carried out by the licence holder under the
licence, the following terms or conditions—
(a) specifying risk control measures to be used
or implemented;
(b) requiring—
(i) monitoring (including atmospheric
monitoring of the workplace);
(ii) the provision of health monitoring
for anyone who may be at risk as a
result of carrying out that activity;
(iii) the recording or keeping of
information (including health
and safety information);
(iv) the provision of information,
instruction and training to specified
persons or classes of person;

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(v) the use or implementation of systems of

work or processes;
(c) requiring the reporting of information to
the Authority, including health and safety
information and the results of any required
monitoring, health monitoring, examinations
or testing;
(d) limiting the quantity of anything to be
used while carrying out that activity at the
workplace;
(e) in the case of a licence held by a body
corporate, limiting who may perform
activities under the licence;
(f) limiting the activities that may be carried
out under the licence, or specifying that only
certain activities may be carried out under
the licence;
(g) requiring that notice be given that the licence
has been granted, and of any conditions of
the licence, to any specified person who may
be affected by the granting of the licence;
(h) imposing time limits on when any action
required to be taken under this regulation is
to be taken.
474 Licence holder must comply with terms and
conditions
A licence holder must comply with the terms
and conditions of the licence imposed under
this Division or under Division 3.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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475 Changes to information given in relation to a licence

(1) A licence holder must advise the Authority
in writing of any change that occurs to any
information given at any time by the licence
holder to the Authority in relation to the
licence as soon as reasonably possible after
the licence holder becomes aware that the
change has occurred.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
Examples
1 The Authority must be notified of any change in the
contact address of the licence holder that had been
given in the application for the licence or renewal.
2 In the case of a major hazard facility licence holder,
the Authority must be notified of any change to the
quantity or type of Schedule 14 materials present or
likely to be present at the facility.
(2) Subregulation (1) applies whether the information
was given—
(a) in the application for the licence; or
(b) in an application for the renewal of the
licence; or
(c) under this regulation; or
(d) in any other circumstance.
(3) This regulation does not apply to revisions to the
safety case of a major hazard facility.
Note
Part 5.2 (Major hazard facilities) contains provisions that
specifically deal with safety case revisions.

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476 Licence holder to keep evidence of licence available

(1) A person who holds a high risk work licence must
keep the person's evidence of licence document
available for inspection on request under the Act.
Penalty: 5 penalty units.
(2) A person who holds any other class of licence
must keep the evidence of licence document
available for inspection on request under the Act.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.
477 Replacement of lost, stolen or destroyed licence
documents
(1) If an evidence of licence document is lost, stolen
or destroyed, the licence holder may apply to the
Authority for a replacement document.
Note
The application must be made in the form and manner
required by the Authority and must include any information
or document required by the Authority (see regulation 532).
(2) The application must be accompanied by a fee of
1 fee unit.
(3) The Authority may issue a replacement document
if the Authority is satisfied that the licence
holder's evidence of licence document has been
lost, stolen or destroyed.
(4) If the Authority refuses to issue a replacement
evidence of licence document, it must give the
licence holder a written notice of refusal that
sets out the reasons why it is not satisfied that
the evidence of licence document has been lost,
stolen or destroyed.

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478 Nomination of additional asbestos removal

supervisors
(1) An asbestos removal licence holder may apply to
the Authority to have a person recognised by the
Authority as a supervisor who may supervise the
asbestos removal work that can be performed
under the licence.
(2) The licence holder must include in the
application—
(a) the name of the person; and
(b) detailed information on the person's training
and experience.
(3) The Authority must refuse to grant an application
if it is not satisfied that the person has appropriate
training or experience to supervise the asbestos
removal work.

Subdivision 2—Additional provisions in relation

to a major hazard facility licence
479 Transfer of a major hazard facility licence
(1) The Authority may transfer a major hazard
facility licence to another person who is to
become the operator of the major hazard facility
if the Authority is satisfied that the person to
whom the licence is to be transferred is capable
of achieving a level of health and safety for the
operation of the major hazard facility that is at
least equivalent to that achieved by the licence
holder.
Note
The Authority may impose terms and conditions on
a major hazard facility licence when it is transferred
(see regulation 473).

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(2) Despite subregulation (1), the Authority must not

transfer a major hazard facility licence unless the
person who is to become the operator of the major
hazard facility has paid a fee of 9·3 fee units for
each hour the application took to be processed by
the Authority.
(3) The Authority must not seek a fee of more than
6570·9 fee units under subregulation (2).
480 Notice of major hazard facility licence details in the
Government Gazette
(1) If the Authority grants, renews, amends, transfers,
suspends or cancels a major hazard facility
licence, it must publish a notice of that event in
the Government Gazette as soon as reasonably
possible after the event occurs.
(2) The notice must include details of any terms and
conditions attached to the licence that have not
previously been provided in a notice under this
regulation in respect of the licence.
481 Additional requirements concerning availability of
copy of major hazard facility licence
In addition to the requirements of Subdivision 1,
a major hazard facility licence holder must ensure
that a copy of the evidence of licence document is
made available on request—
(a) to any employee of the operator working at
the major hazard facility; and
(b) to the emergency services that have
responsibility for the area in which the major
hazard facility is located.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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Division 3—Amendment of licence

482 Authority may amend licence unilaterally
(1) The Authority may determine on its own initiative
to amend a licence.
(2) Without limiting subregulation (1), the Authority
may impose any terms or conditions on a licence
that it may impose under Division 2 at any time,
and it may amend or delete any existing terms or
conditions of a licence.
(3) If a proposed amendment merely corrects an
obvious error in a licence, or is of a nature that
is not likely to impose any significant burden on
the licence holder, the Authority may make the
amendment, and must then give the licence holder
written notice that it has done so.
(4) If subregulation (3) does not apply, before
amending a licence under this regulation the
Authority must give the licence holder written
notice (the first notice) of the proposed
amendment—
(a) setting out the proposed amendment and the
reasons for it; and
(b) inviting the licence holder to make a
submission to the Authority in relation
to the proposed amendment within a
specified period of not less than 14 days.
(5) After considering any submission made by, or on
behalf of, the licence holder in the period allowed,
the Authority may amend the licence by giving a
second written notice (the second notice) to the
licence holder.

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(6) A notice under subregulation (5) must—

(a) set out the amendment; and
(b) if a submission was made by, or on behalf
of, the licence holder in relation to the
amendment, set out the Authority's reasons
for making the amendment in the light of the
submission; and
(c) specify the date on which the amendment is
to take effect.
(7) In specifying the date that the amendment is to
take effect, the Authority must not specify a date
that is less than 30 days after the licence holder is
given the second notice.
(8) Despite subregulation (7), if in the opinion of
the Authority there exists an immediate risk to
health or safety, the Authority may specify that
an amendment is to take effect on a date that is
within that 30-day period.
(9) The amendment set out in the second notice can
be different from the amendment set out in the
first notice if the difference is the result of taking
into account, or of anything arising from, any
submission made by, or on behalf of, the licence
holder.
483 Authority may amend licence at the request of the
licence holder
(1) The Authority may amend a licence on the
application of the licence holder.
Note
The application must be made in the form and manner
required by the Authority and must include any information
or document required by the Authority (see regulation 532).

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(2) Despite subregulation (1), the Authority must not

amend a major hazard facility licence unless the
licence holder has paid a fee of 9·3 fee units for
each hour the application took to be processed by
the Authority.
(3) The Authority must not seek a fee of more than
6570·9 fee units under subregulation (2).
(4) If the Authority proposes to refuse to amend a
licence in accordance with the application, it must
give the licence holder a written notice—
(a) that states that intention to refuse the
application; and
(b) that sets out its reasons for refusing the
application; and
(c) that invites the licence holder to make a
submission to the Authority in relation to the
proposed refusal within a specified period of
not less than 14 days.
(5) The Authority must consider any submission
made by, or on behalf of, the licence holder in the
period allowed before refusing the application.
484 Evidence of licence document to be returned on
request if licence amended
(1) If the Authority amends a licence, it must
give the licence holder an evidence of licence
document containing the amended details to
replace the former document.
(2) The holder of a licence that has been amended by
the Authority must return the evidence of licence
document to the Authority within 14 days after
receiving a written request from the Authority to
do so.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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Division 4—Renewal of licence

485 Application for the renewal of licence (except a high
risk work licence)
(1) This regulation does not apply to a high risk work
licence.
(2) A licence holder may apply to the Authority to
renew the licence, but may only do so—
(a) in the case of a major hazard facility licence,
at least 6 months before the date the licence
is due to expire; or
(b) in any other case, at least 60 days before the
date the licence is due to expire.
Notes
1 Regulation 532 enables the Authority to specify
the form of applications and to specify other
information and documents that must be included
in or with applications.
2 If a licence holder did not apply for a renewal
of the licence within the period permitted by
subregulation (2), it will be necessary for the
licence holder to apply for a new licence.
(3) For the purposes of this regulation, regulation 452
applies as if a reference in that regulation to an
application for a licence were a reference to an
application to renew a licence.
(4) If a person applies to renew a licence under
subregulation (2) and before the licence expires
the Authority gives the person written notice
that it intends to refuse to renew the licence, the
licence continues to have effect, even if its expiry
date passes, until the relevant period specified in
regulation 489.
(5) In the case of an application to renew a major
hazard facility licence, if the Authority gives
the applicant written notice under regulation
488(1)(b) the licence continues to have effect,

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even if its expiry date passes, until the earlier of

the following—
(a) the application is granted or refused;
(b) the date specified in the notice.
486 Notice of intention to renew or refuse to renew a
licence (except a high risk work licence)
(1) This regulation applies if the Authority receives
an application to renew a licence (other than a
high risk work licence) that has been made in
accordance with these Regulations.
(2) The Authority must give the applicant a written
notice stating that the Authority intends to renew,
or to propose to refuse to renew, the licence.
(3) The written notice required by subregulation (2)
must be given—
(a) in the case of an application to renew a major
hazard facility licence, within 6 months after
receiving the application; or
(b) in the case of any other application for a
licence renewal, within 60 days after
receiving the application.
487 Procedure if the Authority proposes to refuse to
renew licence (except a high risk work licence)
(1) If the Authority proposes to refuse to renew a
licence (other than a high risk work licence), the
Authority must include in the notice required by
regulation 486(2)—
(a) the reasons why it proposes to refuse to
renew the licence; and
(b) an invitation to the applicant to make a
submission to the Authority, within a
specified period of not less than 14 days,
in relation to the proposed refusal.

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(2) Within 30 days after the end of the period set for
the purposes of subregulation (1)(b), the Authority
must—
(a) consider any submission made by, or on
behalf of, the applicant before the end of
the period; and
(b) decide whether it will renew, or refuse to
renew, the licence; and
(c) give the applicant written notice of that
decision.
488 Additional time limits for notifying applicants
(1) The time limit set out in regulation 486(3)(a)
does not apply to an application to renew a
major hazard facility licence if—
(a) the Authority is of the opinion that it will not
be able to satisfy itself of the matters referred
to in Subdivisions 1 and 5 of Division 1 and
regulation 494 within 6 months; and
(b) the Authority gives the applicant written
notice of that opinion within 6 months after
the date the application was received, and
that notice specifies the date by which the
Authority will decide the application.
(2) For the purposes of subregulation (1)(b), the
Authority may only specify a date that is within
18 months after the date it received the
application.
(3) If subregulation (1) applies, the Authority must
give the applicant a written notice stating the
Authority's intention to renew, or to propose to
refuse to renew the licence on or before the date
specified under subregulation (1)(b).

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489 Time in which licence continues to have effect

(1) If the Authority gives a licence holder written
notice that it intends to refuse to renew the
person's licence, the licence continues to have
effect—
(a) if the licence holder has applied for a process
review of the decision and the Authority has
confirmed the decision and the person
applies to the Tribunal for a review of the
decision, until whichever of the following
occurs first—
(i) the person withdraws the application
for review;
(ii) the Tribunal makes its determination
on the application for review; or
(b) if the licence holder applied for a process
review of the decision and the Authority
confirmed the decision and the person
does not apply to the Tribunal for a review
of the decision, until 14 days after the person
received written notice of the process review
decision.
Note
Part 6.3 (Review of decisions) provides for a right of
review by VCAT of certain reviewable decisions and
process review has the meaning given by regulation 525.
(2) Subject to subregulation (3), if the person
applied for a process review of the decision and
the Authority set aside the decision, the licence
continues to have effect until the new decision is
made.
(3) If the new decision is to refuse to renew the
licence and the person applies to the Tribunal
for a review of the new decision in accordance
with these Regulations, the licence continues to

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have effect until whichever of the following

occurs first—
(a) the person withdraws the application for
review;
(b) the Tribunal makes its determination on the
application for review.
(4) If the new decision is to refuse to renew
the licence and the person does not apply to
the Tribunal for a review of the decision in
accordance with these Regulations, the licence
continues to have effect until 14 days after the
person received written notice of the new
decision.
490 Application for the renewal of high risk work
licence
(1) The holder of a high risk work licence may apply
to the Authority to renew the licence.
Note
Regulation 532 enables the Authority to specify the form of
applications and to specify other information and documents
that must be included in or with applications.
(2) An application under subregulation (1) may also
be made by a person who—
(a) either—
(i) resides in Victoria; or
(ii) does not reside in Victoria but satisfies
the Authority that the person has
reasonable grounds for applying for a
licence renewal in Victoria; and
(b) holds an equivalent licence or certificate
recognised under regulation 131.
(3) A person whose high risk work licence has
expired may apply to the Authority to renew
the licence—

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(a) within 12 months after the day on which the

licence expired; or
(b) if the applicant satisfies the Authority that
exceptional circumstances exist, within any
longer period that the Authority allows.
Example
An example of "exceptional circumstances" might be
where the applicant has lived overseas for some years
and continued to perform the high risk work for which
the applicant had formerly held an appropriate high risk
work licence.
Notes
1 Regulation 532 enables the Authority to specify the
form of applications and to specify other information
and documents that must be included in or with
applications.
2 It is an offence for a person to perform high risk work
if the person is not licensed to perform the work in
accordance with these Regulations (see section 40(4)
of the Act). This includes a person who is performing
high risk work after their licence has expired and not
been renewed (unless regulation 138(2) applies to
enable a person who has applied for a renewal on or
before the licence expiry date to continue working until
the renewal is granted or until 14 days after the person
is given written notice that the renewal application has
been refused).
(4) An application under subregulation (3) may also
be made by a person who—
(a) either—
(i) resides in Victoria; or
(ii) does not reside in Victoria but satisfies
the Authority that the person has
reasonable grounds for applying for a
licence renewal in Victoria; and
(b) held an equivalent licence or certificate
recognised under regulation 131.

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(5) The Authority may request the applicant to

provide additional information to enable it to be
satisfied as to whether exceptional circumstances
under subregulation (3)(b) exist.
(6) The Authority must renew the licence if the
application—
(a) includes the name and residential address of
the applicant; and
(b) includes any evidence of identity required by
the Authority; and
(c) includes a photograph of the applicant that is
the size and in the form specified by the
Authority; and
(d) contains a declaration by the applicant that
the applicant has maintained competency to
perform the high risk work; and
(e) is accompanied by the fee required by
regulation 492(1).
(7) The Authority must, within 45 days after
receiving an application that has been made in
accordance with this regulation, give the applicant
a written notice stating that the Authority intends
to grant, or to refuse to grant, the renewal.
(8) If the Authority grants a renewal of a licence to
a person who holds or held an equivalent licence
or certificate recognised under regulation 131, it
must notify the corresponding Authority that
issued that licence or certificate.
(9) In this regulation an equivalent licence or
certificate under regulation 131 expires if it
ceases to have effect in any circumstance
other than by being cancelled, suspended or
surrendered.

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491 Combining interstate and Victorian high risk work

licences on renewal
(1) This regulation applies if a person who resides in
Victoria—
(a) holds a licence issued by the Authority to
perform one or more classes of high risk
work; and
(b) also holds a licence or certificate issued
by a corresponding Authority to perform
one or more other classes of high risk work.
(2) The person may apply to the Authority for a
renewal of a licence that authorises the person to
perform the high risk work authorised by each of
the licences or certificates referred to in
subregulation (1)(a) and (b).
(3) The Authority must grant the person the licence
sought if—
(a) the Authority is satisfied that this regulation
applies; and
(b) the application for the licence complies with
regulation 490(2) and (6).
(4) If the Authority grants a licence under this
regulation, it must notify the corresponding
Authority referred to in subregulation (1)(b)
that issued the licence or certificate.
492 Renewal fees for certain licences
(1) An application for the renewal of a high risk work
licence must be accompanied by a fee of 3·4 fee
units.
(2) An application for the renewal of a Class A
asbestos removal licence must be accompanied
by the relevant fee as set out in Table 1 of
regulation 451.

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(3) An application for the renewal of a Class B

asbestos removal licence must be accompanied
by the relevant fee as set out in Table 2 of
regulation 451.
493 Fee to be paid before carcinogens licence can be
renewed
(1) In addition to the other requirements specified
in this Division, the Authority must not renew a
carcinogens licence unless the licence holder
has paid a fee of 7·9 fee units for each hour the
application took to be processed by the Authority.
(2) The Authority must not seek a fee of more than
86·9 fee units under subregulation (1).
494 Additional information required for the renewal of
major hazard facility licence
In addition to any other information required
under these Regulations, a person applying for
the renewal of a major hazard facility licence must
also include with the application a revised safety
case prepared in accordance with Division 8 of
Part 5.2 (Major hazard facilities).
495 Fee to be paid before major hazard facility licence
can be renewed
(1) In addition to the other requirements specified
in this Division, the Authority must not renew a
major hazard facility licence unless the licence
holder has paid a fee of 9·3 fee units for each
hour the application took to be processed by the
Authority.
(2) The Authority must not seek a fee of more than
6570·9 fee units under subregulation (1).
(3) Regulation 472(3) applies to fees under this
regulation.

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Division 5—Suspension and cancellation of a licence

496 Grounds for suspension or cancellation
The Authority may suspend or cancel a licence if
it is satisfied of any of the following matters—
(a) that the licence holder is not complying, or
did not comply, with any of the terms and
conditions of the licence;
(b) that the licence holder—
(i) gave information in the application
for, or the renewal of, the licence,
or in any other circumstance, that
was false or misleading in a material
particular (without advising the
Authority in writing at the time
that the information was given
that it was false or misleading);
(ii) did not, at any time, disclose material
information to the Authority;
(c) that the licence was granted on the basis of
a notice of assessment (satisfactory) that
was obtained or provided on the basis of
fraud or the provision of false or misleading
information by any person or body;
(d) in the case of a licence, other than a major
hazard facility licence, that the licence
holder is not, or has not been, safely and
competently performing the activities that
the licence authorises the licence holder to
perform;

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(e) in the case of a major hazard facility

licence—
(i) that the licence holder is not, or has
not been, safely and competently
operating the major hazard facility;
(ii) that the safety management system
for the major hazard facility no
longer provides a comprehensive
and integrated management system
for all aspects of risk control measures
adopted in relation to major incident
hazards and major incidents;
(iii) that risk control measures adopted by
the licence holder under regulation 371
are materially deficient;
(iv) that the licence holder no longer
understands the content of the safety
assessment;
(v) that the licence holder no longer has
the ability to safely and competently
operate the major hazard facility;
(f) in the case of the holder of a high risk
work licence, that the licence holder is not
competent to perform the high risk work
authorised by the licence without risk to
the licence holder's health or safety or the
health or safety of other persons;
(g) in the case of the holder of a Class A
asbestos removal licence, that the licence
holder did not maintain certification for
an asbestos occupational health and safety
management system;

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(h) in the case of the holder of a carcinogens

licence—
(i) that the licence holder has ceased to
carry on business at the address to
which the licence relates;
Reg. 496(h)(ii) (ii) that the activities of the licence holder
amended by
S.R. No. under the licence pose an immediate
137/2021 risk to health or safety;
reg. 12(1).

Reg. 496(i) (i) in the case of the holder of an engineered

inserted by
S.R. No. stone licence—
137/2021
reg. 12(2). (i) that the licence holder has ceased to
carry on business at the workplace
address to which the licence relates;
(ii) that the licence holder is not
complying, or has not complied, with
any of the risk control measures
specified in an engineered stone control
plan prepared by the licence holder;
(iii) that the licence holder has not revised
an engineered stone control plan as
required under regulation 319ZF(4);
(iv) that the licence holder is not
complying, or has not complied, with
any of the specific risk control
measures required under Subdivision 3
of Division 3 of Part 4.5.
Note
In paragraph (c), "person or body" would include the licence
holder and the authorised assessor who issued the notice of
assessment (satisfactory).

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497 Matters that may be taken into account

For the purposes of regulation 496, the Authority
may take into account any matter that it considers
to be relevant, including, for example, the
following—
(a) any findings of guilt, since the licence
was granted or last renewed, of the licence
holder (and in the case of a body corporate,
any officer of the licence holder) under any
relevant occupational health and safety
legislation;
(b) whether, since the licence was granted or
last renewed, the licence holder has had
any other licence suspended or cancelled or
any registration withdrawn by the Authority
under these Regulations;
(c) the licence holder's record of performance
while performing work under the licence
(including the number and nature of any
complaints made about that work);
(d) the applicant's record with respect to
any matters arising under any relevant
occupational health and safety legislation
since the licence was granted or last
renewed;
(e) the results of any inquiry conducted by the
Authority under regulation 499;
(f) in the case of an asbestos removal licence, Reg. 497(f)
amended by
any findings of guilt, since the licence was S.R. No.
granted or last renewed, of the licence holder 88/2021
reg. 17.
(and in the case of a body corporate, any
officer of the licence holder) under the
Environment Protection Act 1970 (as in
force immediately before its repeal) or the
Environment Protection Act 2017 or any

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regulations made under those Acts in relation

to asbestos.
Note
Relevant occupational health and safety legislation is defined in
regulation 5.
498 Automatic suspension or cancellation of a high risk
work licence
(1) The Authority must suspend a high risk work
licence in relation to a particular class of high
risk work if it is satisfied that a corresponding
Authority has recommended that the licence be
suspended in relation to that class of high risk
work after that corresponding Authority has
conducted an inquiry equivalent to the inquiry
required by regulation 499.
(2) The period of suspension must be the same
period recommended by the corresponding
Authority, or if that corresponding Authority
recommended a termination date for the
suspension, the suspension must end on that
date.
(3) The Authority must cancel a high risk work
licence in relation to a particular class of high
risk work if it is satisfied that a corresponding
Authority has recommended that the licence
be cancelled in relation to that class of high risk
work after that corresponding Authority has
conducted an inquiry equivalent to the inquiry
required by regulation 499.
(4) The cancellation must occur as soon as reasonably
possible after the date the Authority receives the
recommendation by a corresponding Authority,
but not less than 14 days after that date.

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(5) If the Authority is required to suspend or

cancel a licence, or a part of a licence, under
this regulation, it must give the licence holder
written notice of the suspension or cancellation,
and must include in the notice a copy of the
recommendation on which it based the suspension
or cancellation.
(6) The 14 day minimum period specified in
subregulation (4) does not apply if, in the
opinion of the Authority, there are exceptional
circumstances that pose an immediate significant
risk to health or safety.
499 Process for suspending or cancelling a licence in all
other cases
(1) The Authority may, on its own initiative or after
receiving a complaint, conduct an inquiry to
determine whether grounds exist to suspend or
cancel a licence.
(2) The Authority must give the licence holder written
notice of the inquiry.
(3) The notice must—
(a) state the subject of the inquiry and the
reasons for conducting it; and
(b) set out an outline of all allegations, facts
and circumstances known to the Authority
that are relevant to the inquiry; and
(c) invite the licence holder to make a
submission to the inquiry; and
(d) specify a period of not less than 14 days
within which the licence holder may make
a submission.
(4) After considering any submission made by, or on
behalf of, the licence holder in the period allowed,
the Authority must decide—

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(a) whether or not grounds exist to suspend or

cancel the licence; and
(b) if such grounds exist, whether or not to
suspend or cancel the licence.
(5) The Authority must give the licence holder written
notice of its decision.
(6) If the Authority decides to suspend or cancel the
licence, the Authority must include in the notice—
(a) a statement of its reasons for its decision;
and
(b) if it decides to suspend the licence, a
statement of when the suspension is to
begin and when it is to end; and
(c) if it decides to cancel the licence, a statement
of when the cancellation is to take effect.
(7) In specifying the date that the suspension or
cancellation is to take effect, unless there
exists an immediate risk to health or safety,
the Authority must specify a date that is at least—
(a) in the case of a major hazard facility licence,
30 days after the licence holder is given the
notice; or
(b) in any other case, 14 days after the licence
holder is given the notice.
(8) The 14 day minimum period specified in
subregulation (3)(d) does not apply if, in the
opinion of the Authority, there are exceptional
circumstances that pose an immediate significant
risk to health or safety.
(9) If the Authority intends to suspend a high risk
work licence on the ground that the licence
holder is not, or has not been, safely and
competently performing the relevant high risk
work then, despite subregulation (6)(b), the

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Authority may suspend the licence until the

licence holder provides it with satisfactory
new evidence that the licence holder is competent
to perform that work.
(10) This regulation does not apply to a suspension or
cancellation that is required by regulation 498.
500 Extension of date of suspension or cancellation if
review sought
(1) Despite anything to the contrary in regulation 499,
if the Authority decides to suspend or cancel a
licence and the licence holder applies for a
process review of the decision under Part 6.3
(Review of decisions), the licence continues to
have effect for the period specified in this
regulation as if it had not been suspended or
cancelled.
(2) If the person applied for a process review of
the decision and the Authority confirmed the
decision and the person applies to the Tribunal
for a review of the decision in accordance with
these Regulations, the licence continues to have
effect until whichever of the following occurs
first—
(a) the person withdraws the application for
review; or
(b) the Tribunal makes its determination on the
application for review.
(3) If the person applied for a process review of the
decision and the Authority confirmed the decision
and the person does not apply to the Tribunal for
a review of the decision in accordance with these
Regulations, the licence continues to have effect
until 14 days after the person received written
notice of the process review decision.

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(4) Subject to subregulations (5) and (6), if the person

applied for a process review of the decision and
the Authority set aside the decision, the licence
continues to have effect until the new decision is
made.
(5) If the new decision is to cancel or suspend the
licence and the person applies to the Tribunal for
a review of the new decision in accordance with
these Regulations the licence continues to have
effect until whichever of the following occurs
first—
(a) the person withdraws the application for
review;
(b) the Tribunal makes its determination on the
application for review.
(6) If the new decision is to cancel or suspend
the licence and the person does not apply to
the Tribunal for a review of the decision in
accordance with these Regulations, the licence
continues to have effect until 14 days after the
person received written notice of the new
decision.
(7) This regulation does not apply in relation to a
licence if the Authority specified a period of
less than 14 days under regulation 499 in taking
action under that regulation.
501 Partial suspension or cancellation of high risk work
licence
(1) Subject to regulation 502(2), this regulation
applies if—
(a) a person holds a high risk work licence that
authorises the person to perform more than
one class of high risk work under the licence;
and

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(b) the Authority is satisfied that a ground of

suspension or cancellation only exists in
relation to one or some, but not to all, of
those classes of high risk work.
(2) A reference in regulation 499 to the suspension
or cancellation of the licence is to be read as a
reference to the suspension or removal from the
licence of those classes of high risk work in
respect of which a ground of suspension or
cancellation exists.
(3) The Authority must issue the licence holder with
a replacement evidence of licence document that
sets out the classes of high risk work that are still
authorised under the licence.
502 Flow on suspension or cancellation of some classes
of high risk work licence
(1) This regulation applies if—
(a) a person holds a high risk work licence that
authorises the person to perform more than
one class of high risk work under the licence;
and
(b) the Authority is satisfied that a ground of
suspension or cancellation only exists in
relation to one or some, but not to all, of
those classes of high risk work; and
(c) the skills required to do the class of high
risk work in relation to which a ground of
suspension or cancellation exists are also
necessary to do another class of high risk
work under the licence.
(2) Despite regulation 501, the Authority must also
suspend or cancel the licence to the extent that
it applies to the other class of high risk work
referred to in subregulation (1)(c).

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Example
A person holds a high risk work licence that authorises the
performance of dogging work and work involving the operation
of non-slewing mobile cranes and slewing mobile cranes of up to
20 tonnes. The licence holder operates a non-slewing mobile crane
unsafely and the Authority decides that grounds exist to suspend
the licence in relation to the authorisation to operate those cranes.
This regulation requires that the Authority also suspend the licence
holder's authorisation to operate a slewing mobile crane of up to
20 tonnes because the skills required to operate a non-slewing
mobile crane are required in order to operate a slewing mobile
crane. However, regulation 501 ensures that the licence holder's
ability to perform dogging work under the licence is not suspended
unless there has also been a breach by the licence holder in relation
to dogging activities.
503 Authority may grant alternative asbestos removal
licence
(1) This regulation applies if the Authority is satisfied
that a ground of suspension or cancellation exists
in relation to a Class A asbestos removal licence
held by a person.
(2) On suspending or cancelling the licence, the
Authority may immediately grant a Class B
asbestos removal licence to the person, despite
anything to the contrary in Division 1.
504 Inquiry into an interstate high risk work licence
(1) This regulation applies if a person who holds
a licence or certificate granted or issued by a
corresponding Authority that is equivalent to a
high risk work licence does, or is alleged to have
done, anything in Victoria while acting under
the authority of the licence or certificate that
might constitute a ground for the suspension or
cancellation of the licence or certificate had it
been granted in Victoria.

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(2) The Authority may conduct an inquiry to

determine whether grounds exist to recommend
to the corresponding Authority that granted or
issued the licence or certificate that the licence
or certificate be suspended or cancelled.
(3) Regulations 499 and 501 apply for the purposes
of this regulation as if a reference in those
regulations to the suspension or cancellation
of a licence or certificate were a reference to a
recommendation to the corresponding Authority
that granted or issued the licence or certificate
that the licence or certificate be suspended or
cancelled.
505 Request to suspend or cancel licence
The Authority may suspend or cancel a licence on
the written request of the licence holder.
506 Evidence of licence document of suspended or
cancelled licence must be surrendered on demand
If the Authority suspends or cancels a licence,
the licence holder must surrender the evidence of
licence document to the Authority on demand,
once the suspension or cancellation takes effect.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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Part 6.2—Registration
Division 1—Application of Part
507 Application of this Part
This Part applies to—
(a) the registration of a plant design required
under Division 6 of Part 3.5 (Plant); and
(b) the registration of a major hazard facility
required under Part 5.2 (Major hazard
facilities).

Division 2—Registration of plant designs

508 Application for registration of plant design
An application for registration of a plant design
must—
(a) include the information required under
regulation 509; and
(b) include any evidence of identity of the
applicant required by the Authority; and
(c) be accompanied by a fee of 20 fee units.
509 Information to be included in application for
registration of plant design
(1) An application for registration of a plant design
must include—
(a) a design verification statement that states
that the plant design was prepared in
accordance with the record of published
technical standards or engineering
principles (as the case may be) referred
to in regulation 84; and

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(b) the name, business address and

qualifications of the person who made
the design verification statement, and if
applicable, the name and business address of
the person employing the design verifier; and
(c) a representational drawing of the plant
design; and
(d) any information about the plant design that
may be required by the Authority under
subregulation (2).
(2) Without limiting regulation 532, the Authority
may require additional information relating
to the plant design to be included with the
application for registration of the plant design.
(3) The information required under subregulation (2)
may include the following—
(a) the dates of the commencement and
completion of the plant design;
(b) whether the design is for an alteration to
existing plant;
(c) whether the registration is the first
registration of the plant design;
(d) the intended primary use and performance
capacity of the plant;
(e) if known by the designer of the plant, the
intended manufacturer's name and address;
(f) the type and model number (if applicable) of
the plant;
(g) if known by the designer of the plant, the
intended fixed location of plant at the
workplace;
(h) a description of controls, safety devices,
supporting system and communication
system for the plant (if applicable);

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(i) the hazard level of pressure equipment and

the type of fluid to be used in the pressure
equipment (if applicable).
(4) The information required by the Authority under
subregulation (2) may be information applicable
generally to all plant designs, or a type of plant
design, or it may be specific to an individual plant
design.
510 Duties of various persons associated with design
verification
(1) The person who applies for registration of a plant
design must ensure that the design verification
statement referred to in regulation 509 is made by
a design verifier—
(a) who did not participate in preparing the plant
design that is the subject of the statement;
and
(b) who has an appropriate level of skill and
knowledge to be able to verify the plant
design; and
(c) who has checked the plant design to ensure
that it has been prepared in accordance with
the technical standards or engineering
principles recorded by the designer of the
plant in relation to the plant design in
accordance with regulation 84.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
(2) A person who has participated in preparing a plant
design must not knowingly act as a design verifier
for that plant design.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.

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511 Authority to notify applicant of deferral

(1) The Authority may defer registration of a plant
design if—
(a) the Authority considers that the information
provided with the application for registration
is inadequate to comply with this Division or
regulation 532; or
(b) the applicant has not paid the required fee.
(2) The Authority must give the applicant written
notice of a deferral under subregulation (1)—
(a) stating the Authority's reasons for deferring
registration; and
(b) specifying what further information is
required.
(3) The Authority must treat any information and
fee provided in response to any notice given
under this regulation as if it were provided with
the application for registration.
(4) If the Authority does not notify the applicant
of the registration or its deferral within 30 days
after receiving the application, the plant design
is taken to have been registered under this Part.
Note
Notice of the registration under subregulation (4) will be
given under regulation 512.
512 Notice of registration
(1) The Authority must give the person who
applied for the registration written notice of
the registration as soon as reasonably possible
after the plant design is registered.
(2) The notice must include—
(a) the type of registration; and
(b) details of what has been registered; and

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(c) the name of the person who applied for the

registration; and
(d) the date on which the registration took effect,
or is to take effect; and
(e) an identifying number.
513 Registration to be of unlimited duration
Subject to Division 4, a registration of a plant
design is of unlimited duration.

Division 3—Registration of a major hazard facility

514 Eligibility to apply for registration to operate a
major hazard facility
(1) A person who intends to operate a major hazard
facility may apply to the Authority for registration
of the proposed major hazard facility under this
Part.
(2) Without limiting regulation 532, an application for
registration of a major hazard facility must include
the following—
(a) the information required under Schedule 18;
(b) any evidence of identity of the applicant
required by the Authority;
(c) the date on which the proposed facility is
expected to operate as a major hazard
facility.
(3) For the purposes of this regulation, a person
intends to operate a major hazard facility if—
(a) the person is operating a facility and intends
to make alterations to the facility so that
Schedule 14 materials are present or likely
to be present in a quantity that exceeds their
threshold quantity; or

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(b) the person intends to operate a facility where Reg. 514(3)(b)

Schedule 14 materials are present or likely to substituted by
S.R. No.
be present in a quantity that exceeds their 112/2021
threshold quantity and either— reg. 12.

(i) the person has received planning

approval from the relevant planning
authority for the proposed major hazard
facility; or
(ii) the facility is one determined to be a
facility under regulation 6A.
Note
In complying with this regulation, persons intending to make
alterations should be aware of the duties of designers of buildings
or structures under section 28 of the Act.
515 Registration of a major hazard facility
(1) Subject to subregulation (2), the Authority,
within 90 days of receipt of an application for
registration of a major hazard facility, must
register the facility as a major hazard facility.
(2) Subregulation (1) does not apply if the Authority
is satisfied that the applicant does not intend to
operate a major hazard facility.
Example
If the applicant has registered the facility several times
without ever obtaining a major hazard facility licence then
the Authority may be satisfied that the applicant does not
intend to operate a major hazard facility.
516 Notice of registration
(1) The Authority must give the operator of the
facility a written notice of the registration as
soon as reasonably possible after the facility is
registered, or taken to be registered, under this
Part.

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Note
Written notice would include email correspondence if the
applicant has provided a contact email address.
(2) The notice must include—
(a) the type of registration; and
(b) details of the facility that has been registered;
and
(c) the name of the operator of the facility; and
(d) the date on which the registration took effect
or will take effect; and
(e) the registration expiry date; and
(f) an identifying number.
517 Registration expiry date
(1) The registration expiry date for a major hazard
facility is—
(a) subject to paragraph (b), a date no later
than 30 months after the date of alteration
or completion of the facility or proposed
major hazard facility;
(b) if a major hazard facility has been
determined under regulation 363 or 364, a
date no later than 30 months after the date
specified by the Authority in the notice
under regulation 365 as the date on which
the determination takes effect.
(2) For the purposes of subregulation (1) and
regulation 518, completion means the earlier of—
(a) the time at which Schedule 14 materials
are able to be introduced in the quantities
provided in the application; or
(b) the time at which quantities are able to be
introduced at 100% of the threshold quantity.

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518 Variation of registration expiry date

(1) Within the period of registration of a major
hazard facility, the operator may apply for a
variation to the registration expiry date, for the
purpose of extending the period of registration.
(2) The Authority may grant a variation extending the
period of registration if—
(a) it is satisfied that—
(i) in the case of a facility registered under
regulation 515, there has been a change
in the planned date of completion; and
(ii) the matters specified in regulation 470
are likely to be achieved before the end
of the extended period of registration;
and
(b) the period is extended to a date no later than
36 months after—
(i) subject to subparagraph (ii), the
original date of completion or
alteration of the facility or proposed
major hazard facility; or
(ii) if a major hazard facility has been
determined under regulation 363
or 364, the date on which the
determination took effect.
519 Expiry of registration
Registration of a major hazard facility under this
Part expires on the registration expiry date
unless—
(a) a major hazard facility licence is granted, in
which case registration expires on the date
specified by the licence as the date on which
its grant is effective; or

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(b) the Authority decides to refuse to grant

a major hazard facility licence and no
application is made to the Tribunal for
a review of the decision, in which case
registration expires 30 days after the date
specified in the notice of the refusal; or
(c) the Authority decides to refuse to grant
a major hazard facility licence and an
application is made to the Tribunal for a
review of the decision and that application
is refused by the Tribunal, in which case
registration expires 30 days after the day
on which the decision that results from the
review is made; or
(d) subject to paragraphs (a), (b) or (c),
the decision period is extended under
regulation 471, in which case registration
does not expire before the end of the
extended period.

Division 4—Withdrawal of registration

520 Authority may withdraw registration based on false,
misleading or incomplete information
(1) The Authority may withdraw a registration under
this Part if it is satisfied—
(a) that the applicant gave information in the
application that was false or misleading in
a material particular (without advising the
Authority in writing at the time that the
information was given that it was false or
misleading); or
(b) that the applicant did not disclose material
information to the Authority.

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(2) Before withdrawing a registration the Authority

must conduct an inquiry to determine whether
there are grounds for taking action under
subregulation (1).
(3) The Authority must give the person who holds
the registration (the registration holder) written
notice of the inquiry.
(4) The notice must—
(a) state the subject of the inquiry and the
reasons for conducting it; and
(b) set out an outline of all allegations, facts
and circumstances known to the Authority
that are relevant to the inquiry; and
(c) invite the registration holder to make a
submission to the inquiry; and
(d) specify a period of not less than 14 days
within which the registration holder may
make a submission.
(5) After considering any submission made by, or
on behalf of, the registration holder in the period
allowed, the Authority must decide whether or
not grounds exist to withdraw the registration.
(6) If the Authority is satisfied that grounds exist to
withdraw the registration, the Authority must—
(a) withdraw the registration; and
(b) give the registration holder written notice of
the following—
(i) its decision;
(ii) the reasons for its decision;
(iii) the date the withdrawal is to take effect.

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(7) In specifying the date that the withdrawal is to

take effect, the Authority must not specify a date
that is less than 14 days after the registration
holder is given the notice.
521 Authority may withdraw registration on request
The Authority may withdraw the registration of
a person or thing under these Regulations at the
request of the person who holds the registration.

Division 5—General
522 Evidence of registration to be kept available
A person who holds a registration under this Part
must keep the notice of registration available for
inspection on request under the Act.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.
523 Changes to registration information provided
If, in relation to a registration under these
Regulations, a change occurs to any information
provided at any time by the person who holds
that registration (whether in applying for the
registration, under this regulation or in any
other circumstance), the person must advise the
Authority in writing of that change as soon as
reasonably possible after the person becomes
aware that the change has occurred.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.

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Part 6.3—Review of decisions

Part 6.3—Review of decisions

524 What is a reviewable decision?
For the purposes of this Part, a reviewable
decision is a decision of the Authority—
(a) to determine a process to be a lead process
under regulation 180; or
(b) to cancel a construction induction card under
regulation 350; or
(c) to refuse to grant a licence under Division 1
of Part 6.1 (Licences); or
(d) to refuse to license the holder of a high
risk work licence to perform one or more
additional classes of high risk work under
Division 1 of Part 6.1 (Licences); or
(e) to impose any particular term or condition on
a licence under regulation 473; or
(f) to amend a licence, or to refuse to amend a
licence, under Division 3 of Part 6.1
(Licences); or
(g) to refuse to renew a licence under Division 4
of Part 6.1 (Licences); or
(h) to suspend, cancel or amend a licence, or
part of a licence, under Division 5 of Part 6.1
(Licences); or
(i) to recommend to a corresponding Authority
that a licence or certificate, or a part of a
licence or certificate, be suspended or
cancelled under regulation 504; or
(j) to refuse to issue a replacement evidence of
licence document under regulation 477; or

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(k) to refuse to transfer a major hazard facility

licence under regulation 479; or
(l) to withdraw a registration under
regulation 520.
525 What is a process review?
In these Regulations, a process review of a
decision is a review to determine whether the
decision was made in accordance with all of
the processes that apply under the Act and
these Regulations in relation to the making
of such a decision, but it does not involve any
consideration of the merits of the decision.
526 Who may apply for a process review
(1) An employer whose process is determined by the
Authority to be a lead process may apply to the
Authority for a process review of a reviewable
decision of a type referred to in regulation 524(a).
(2) A person who has had a construction induction
card cancelled by the Authority may apply to the
Authority for a process review of a reviewable
decision of a type referred to in regulation 524(b).
(3) A person who applied for a licence may
apply to the Authority for a process review
of a reviewable decision of a type referred
to in regulation 524(c), (d) or (e).
(4) A licence holder may apply to the Authority for
a process review of a reviewable decision of a
type referred to in regulation 524(e), (f), (g), (h),
(i) or (j).
(5) A person to whom a major hazard facility
licence was requested to be transferred under
regulation 479 may apply for a process review
of a type referred to in regulation 524(k).

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(6) A person who has had a registration withdrawn

by the Authority under regulation 520 may apply
for a process review of a reviewable decision of a
type referred to in regulation 524(l).
527 Time limits when applying for a process review
An application for a review must be made
within—
(a) 14 days after the day on which the decision
first came to the applicant's notice; or
(b) such longer period as the Authority allows.
528 Review by the Authority
(1) If an application is made to the Authority in
accordance with this Part, the Authority must
make a decision—
(a) to confirm the reviewable decision either on
the basis—
(i) that it was made in accordance with the
Act and these Regulations; or
(ii) that even though it was not made
in accordance with the Act or these
Regulations, the process failure was
not reasonably likely to have affected
the outcome of the decision; or
(b) to set aside the reviewable decision.
(2) The Authority must give a written notice to the
applicant setting out—
(a) the Authority's decision under
subregulation (1) and the reasons
for the decision; and
(b) the findings on material questions of
fact that led to the decision, referring
to the evidence or other material on
which those findings were based.

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(3) The Authority must comply with

subregulation (2)—
(a) within 14 days after the application is
made; or
(b) with the consent of the applicant, within
a further period of up to 14 days.
(4) If the Authority does not notify an applicant of a
decision in accordance with subregulations (2)
and (3), the Authority is taken to have made a
decision to confirm that the reviewable decision
was made in accordance with the Act and these
Regulations.
(5) Subject to regulations 485(4) and 500, an
application under this regulation does not affect
the operation of the reviewable decision or
prevent the taking of any action to implement it.
529 Process for new decisions to be started within 7 days
If the Authority sets a decision aside under
regulation 528(1)(b), it must start the process to
remake the decision within 7 days after it sets the
decision aside.
530 Right of Tribunal review
For the purposes of this Part, section 129 of the
Act applies as if—
(a) a reference in section 129(1)(a) to a
reviewable decision were a reference to—
(i) a reviewable decision that a person
was entitled to have reviewed
under this Part and that has been
confirmed by the Authority after it
has conducted a process review of
the decision under this Part; or

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(ii) a reviewable decision that was a

new decision made after an earlier
decision was set aside following a
process review by the Authority; and
(b) section 129(1)(b) were omitted; and
(c) a reference in section 129(1) to an eligible
person were a reference to a person who
was entitled to seek a review of the decision
under this Part; and
(d) for section 129(2) there were substituted the
following provision—
"(2) The application must be made—
(a) within 14 days after the
person received notice of
the process review decision
or the new decision (as the
case requires); or
(b) if the Authority is required
by the Victorian Civil and
Administrative Tribunal
Act 1998 to give the person
a statement of reasons,
within 14 days after the day
on which the person is given
the statement—
whichever period ends last.".
Note
This regulation has the effect of enabling a person who was
entitled to seek a process review of a decision under this Part to
apply to VCAT for a review of the decision, but only after the
person has applied under this Part for a process review of the
decision and had the decision confirmed by the Authority or a
new decision is made.

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531 Notices of decisions must contain a copy of review

rights
The Authority must ensure that any written
notice it gives to an applicant for a licence, or
a licence holder, of any reviewable decision it
makes includes a copy of this Part (other than
this regulation).

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Part 7.1—Administrative matters

Chapter 7—Administrative matters

and exemptions
Part 7.1—Administrative matters
Division 1—Applications and notices
532 Form and information to be supplied
(1) An application made, or notice required to be
given, to the Authority under these Regulations—
(a) must be made or given in the form and
manner required by the Authority; and
(b) must include, or be accompanied by, any
information or document required by the
Authority.
(2) The Authority may only require, under
subregulation (1), information or documents
that will provide assistance in ensuring that
the application or notice is dealt with in
accordance with these Regulations.
533 Return of incomplete applications or notices
(1) The Authority may return an incomplete
application or notice to the person who made
or gave it without processing it.
(2) If the Authority returns an application or notice—
(a) it must advise the person of the reasons for
returning the application or notice; and
(b) it must return or refund any fee that
accompanied the application or notice.

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Division 2—Notices
534 Means of giving written notice
A written notice under these Regulations may be
given to a person by—
(a) delivering it personally to that person; or
(b) sending it to that person by a method agreed
by that person; or
(c) sending it by pre-paid post addressed to
that person at the place that the sender of
the notice has reasonable grounds to believe
is the person's usual place of residence or
business or is the person's last known place
of residence or business.

Division 3—Submissions
535 Form of submissions to the Authority
(1) In inviting a person to make a submission to
it under these Regulations, the Authority
may specify the form and manner in which
the submission is to be made.
(2) Despite anything to the contrary in these
Regulations, the Authority may refuse to
consider any submission that is not made in
a form or manner that it has specified.

Division 4—Entry permits for

authorised representatives
536 Information to be included in entry permits
For the purposes of Part 8 of the Act, an entry
permit must include the following—
(a) the name of the authorised representative;

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(b) the name of the registered employee

organisation, or the relevant branch of
the organisation, of which the authorised
representative is a permanent employee
or officer;
(c) the address of the registered employee
organisation or relevant branch of the
organisation;
(d) a photograph of the authorised
representative that is of the size used
in Australian passports and that was
taken not more than 6 months before
it is attached to the permit;
(e) the date of issue of the permit;
(f) a unique number that identifies the permit;
(g) a statement to the effect of the statement set
out in Schedule 19.

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Part 7.2—Exemptions

Part 7.2—Exemptions
537 Authority may grant exemptions from these
Regulations
(1) Subject to regulation 542, the Authority may
exempt any person, or any class of person,
from complying with any provision of—
(a) Part 3.2 (Noise); and
(b) Part 3.5 (Plant); and
(c) Part 4.1 (Hazardous substances); and
(d) Part 4.2 (Scheduled carcinogenic
substances); and
(e) Part 4.3 (Lead); and
(f) Part 4.4 (Asbestos) other than the
requirement to hold a licence under
that Part; and
Reg. 537(1)(fa) (fa) Part 4.5 (Crystalline silica); and
inserted by
S.R. No.
137/2021
reg. 13.

(g) Part 5.1 (Construction); and

(h) Part 5.2 (Major hazard facilities) other
than the requirement to hold a licence
under that Part or a requirement under
Division 7 of that Part; and
(i) Part 5.3 (Mines).
Note
Regulation 538 also authorises the Authority to grant a
limited exemption under Part 3.6 (High risk work).
(2) Subject to regulation 542, the Authority may
exempt any activity, process, substance or thing
or any class of activity, process, substance or

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thing from any requirement of, or prohibition in,

any Part listed in subregulation (1).
538 Exemptions in relation to high risk work
(1) Subject to regulation 543, the Authority may
exempt any person, or any class of person
(including persons who are under 18 years
of age) from complying with regulation 128
in relation to specified high risk work.
(2) Subject to regulation 543, the Authority may
exempt an employer, or a class of employer,
from complying with regulation 129 in relation
to specified high risk work that the employer
seeks to have performed by a person, or class of
person, who does not hold an appropriate high
risk work licence (including persons who are
under 18 years of age).
539 Who may apply for an exemption
(1) The Authority may grant an exemption under
regulation 537 or 538(1)—
(a) on its own initiative; or
(b) on the written application of any person.
(2) The Authority may grant an exemption under
regulation 538(2)—
(a) in the case of an exemption applying to a
class of employer—
(i) on its own initiative; or
(ii) on the written application of an
employer who seeks the exemption;
and
(b) in the case of an exemption that is to
apply to only one employer, on the
written application of the employer.

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540 Consultation
(1) For the purposes of section 35(1) of the Act,
an employer must consult before applying for
an exemption under this Part.
(2) The Authority may refuse an application under
this Part if it is not reasonably satisfied that the
applicant has complied with Part 4 of the Act.
Note to Note
reg. 540(2)
substituted by Act compliance—section 35 (see regulation 7).
S.R. No.
112/2021
reg. 13.

541 Applications
(1) An application for an exemption must—
(a) be made in writing; and
(b) be signed and dated by or for the applicant;
and
(c) state the applicant's name and address; and
(d) state the name of the person to whom the
application relates or a description of the
class of person to whom the application
relates; and
(e) if applicable, identify the workplace or
undertaking in respect of which the
exemption is sought; and
(f) identify the provision from which exemption
is sought or identify the activity, process,
substance or thing or class of activity,
process, substance or thing to which the
application relates; and
(g) explain why the exemption is sought; and
(h) detail the consultation undertaken under
regulation 540; and

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(i) provide sufficient information to enable

the Authority to decide whether it is able
to grant the exemption under regulation 537
or 538.
(2) An application for an exemption may be made
in respect of more than one person, provision,
activity, process, substance or thing.
(3) The Authority may, by written notice, request the
applicant to provide any additional information
necessary for a proper consideration of the
application.
(4) The Authority may make as many requests for
additional information as it considers necessary
for a proper consideration of the application.
542 Grounds on which an exemption (other than in
relation to high risk work) may be granted
(1) The Authority must not grant an exemption under
regulation 537 other than in accordance with this
regulation.
(2) The Authority may grant an exemption if it is
satisfied—
(a) that the granting of the exemption will result
in a level of health and safety at the relevant
workplace, or with respect to the relevant
undertaking, that is at least equivalent to that
which would be achieved by observance of
the relevant provision; or
(b) that the provision that is to be the subject
of the exemption is an administrative
requirement under these Regulations that
is inappropriate or unnecessary in the
circumstances.

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(3) The Authority may grant an exemption if—

(a) it is satisfied that the requirements of
subregulation (2)(a) will be met if it imposes
certain conditions in granting the exemption
and those conditions are observed; and
(b) it imposes those conditions in granting the
exemption.
(4) The Authority may grant only part of an
application for an exemption under regulation 537
or it may grant an exemption so that the
exemption applies in a more limited way than
was sought in the application for the exemption.
(5) If a person applies for an exemption in relation to
Division 4, 6, 8, 9 or 10 of Part 5.2 (Major hazard
facilities), the Authority must not refuse to grant
the exemption unless it has—
(a) invited the person to make a written
submission; and
(b) specified a date, not less than 14 days after
the date of the invitation, by which the
person may make the submission; and
(c) considered any submission that is made by
the person by the specified date in the form
and manner specified by the Authority under
regulation 535(1).
543 Grounds on which an exemption in relation to high
risk work may be granted
(1) The Authority must not grant an exemption under
regulation 538 other than in accordance with these
Regulations.

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(2) The Authority may grant an exemption if it is

satisfied that—
(a) the work that is the subject of the application
can be performed as safely by a person who
does not hold a relevant high risk work
licence as it could be performed by a person
who holds such a licence; or
(b) the requirements of paragraph (a) will be met
if it imposes certain conditions in granting
the exemption and those conditions are
observed and it imposes those conditions in
granting the exemption.
(3) In the case of an application for an exemption
under regulation 538(1) in relation to specified
high risk work, the Authority may require a
person to satisfy it as to the competency of the
person in relation to any relevant skill or
knowledge.
(4) In the case of an application by an employer for
an exemption under regulation 538(2) in relation
to a particular employee, the Authority may
require the employer to satisfy it as to the
competency of the employee in relation to any
relevant skill or knowledge.
(5) The Authority may provide for an exemption
under regulation 538 to apply to all of the work,
or part of the work, that would normally be
required to be performed by a person with a
relevant high risk work licence.
544 Conditions
(1) The Authority may impose on an exemption any
conditions that it considers to be appropriate.

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(2) Without limiting subregulation (1), the

Authority may impose, in relation to anything
that is permitted, or that may be affected, by
the exemption, all or any of the following
conditions—
(a) specifying risk control measures to be used
or implemented;
(b) requiring all or any of the following—
(i) monitoring (including atmospheric
monitoring of the workplace);
(ii) the provision of health monitoring
for anyone at a workplace to which
the exemption applies;
(iii) the recording or keeping of
information (including health and
safety information);
(iv) the provision of information,
instruction and training to specified
persons or classes of person;
(v) the use or implementation of systems
of work or processes;
(c) requiring the reporting of information to
the Authority, including health and safety
information and the results of any required
monitoring, health monitoring or testing;
(d) imposing limits on the quantity to be used
at the workplace of anything used under the
exemption;
(e) limiting who may carry out activities under
the exemption;
(f) limiting the activities that may be carried
out under the exemption, or specifying that
only certain activities may be carried out
under the exemption;

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(g) requiring that notice be given that the

exemption has been granted, and of any
conditions of the exemption, to any
specified person who may be affected by
the granting of the exemption;
(h) imposing time limits on when any action
required to be taken in relation to the
exemption is to be taken.
(3) A person to whom an exemption is granted must
comply with the terms and conditions to which
the exemption is subject.
Penalty: 100 penalty units for a natural person;
500 penalty units for a body corporate.
545 Form and contents of exemptions
(1) An exemption—
(a) must be in writing; and
(b) must specify—
(i) in the case of an exemption granted
under regulation 538(2), the name of
the employer or class of employer and
the work that may be performed for the
employer by employees who do not
hold the relevant high risk work
licence; and
(ii) in any other case, who or what is
exempted; and
(iii) if applicable, the workplace or
undertaking to which the exemption
applies; and
(iv) the provision of these Regulations to
which the exemption relates; and

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Part 7.2—Exemptions

(v) when the exemption is to start; and

(vi) any conditions to which the exemption
is subject.
(2) The Authority may specify how long an
exemption is to last.
546 Notice of exemptions to be given to individual
applicants
If the Authority grants an exemption in response
to an application, the Authority must give a copy
of the exemption to the person who applied for
the exemption within 14 days after granting the
exemption.
547 Notice of exemptions to be published
(1) If the Authority grants an exemption, it must
publish a notice in the Government Gazette that—
(a) must state that the exemption has been
granted; and
(b) must identify to whom and to what the
exemption applies; and
(c) must identify the provision or provisions of
these Regulations to which the exemption
relates; and
(d) must state when the exemption is to start;
and
(e) may include any other details that the
Authority considers to be appropriate.
(2) An exemption takes effect on the day on which
the notice is published in the Government Gazette,
or on any later day specified in the notice.

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(3) As soon as reasonably possible after it has

complied with subregulation (1), the Authority
must cause a similar notice to be published in a
newspaper circulating generally throughout
Victoria.
(4) Nothing in subregulation (1) is intended to require
the Authority to include in the notice confidential
personal information about an individual or
information relating to manufacturing or
commercial secrets or working processes.
548 Additional obligation on the operator of a mine
The operator of a mine in relation to which an
exemption is granted must, within 30 days after
the exemption is granted, inform the health and
safety representatives at the mine that the
exemption has been granted.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.
549 Notice of refusal
If the Authority refuses to grant an exemption,
the Authority must notify the person who applied
for the exemption of the reasons for the refusal in
writing within 14 days after deciding to refuse the
application.
550 Variation or revocation of exemption
(1) The Authority may vary or revoke an exemption
at any time—
(a) in the case of an exemption applying to
a class of person, process, substance,
activity or thing, by placing a notice in
the Government Gazette setting out the
variation, or stating that the exemption has
been revoked; or

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(b) in any other case, by giving a written notice

of the variation or revocation to the person to
whom the exemption applies within 14 days
after deciding to vary or revoke the
exemption.
(2) The notice must include the Authority's reasons
for varying or revoking the exemption.
(3) A revocation, or variation, of an exemption takes
effect—
(a) if subregulation (1)(a) applies, on the
day on which the notice required by
that subregulation is published in the
Government Gazette or on any later
day specified in the notice; or
(b) if subregulation (1)(b) applies, on the day
on which the person is given the written
notice of the revocation or variation, or
on any later day specified in the notice.
551 Exemptions, revocations and variations not to have
retrospective effect
Nothing in this Part authorises the Authority to
specify—
(a) that an exemption takes effect before it is
granted; or
(b) that a revocation or variation to an
exemption takes effect before notice of
it is given in accordance with this Part.
552 Terms and conditions to be made available
The Authority must make the current terms
and conditions of an exemption available
for inspection by any person affected by the
exemption.

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Part 7.2—Exemptions

553 Fee for considering exemption application

(1) An application for an exemption must be
accompanied by a fee of 46·2 fee units.
(2) The Authority must not grant an exemption
to a person unless the person has paid the fee
set out in subregulation (1).

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Ch. 7A
(Heading and
Chapter 7A—Workplace Incidents
regs 553A–
553O)
Consultative Committee
inserted by
S.R. No.
106/2020
reg. 3.

Reg. 553A 553A Objective of this Chapter

inserted by
S.R. No.
106/2020
The objective of this Chapter is to provide for the
reg. 3. membership and procedure of the Workplace
Incidents Consultative Committee so that the
membership broadly represents persons affected
by workplace incidents that involve death, serious
injury or serious illness.
Reg. 553B 553B Definitions
inserted by
S.R. No.
106/2020
In this Chapter—
reg. 3.
affected person means a person who has been
affected, directly or indirectly, by a
workplace incident that involves death or a
serious injury or illness;
co-chairperson means—
(a) the non-government co-chairperson or a
person acting in that office; or
(b) the government co-chairperson or a
person acting in that office;
Committee means the Workplace Incidents
Consultative Committee established by the
Minister under section 126A of the Act;
committee member means a member of the
Committee appointed under regulation 553D
or 553F;
Department means the Department of Justice and
Community Safety;

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deputy non-government co-chairperson means

the committee member elected as deputy
co-chairperson under regulation 553C(2)(b);
government co-chairperson means the
co-chairperson appointed under regulation
553F;
identifying information means information about
a person whose identity is apparent or can
reasonably be ascertained from the
information;
non-government co-chairperson means the
committee member elected as co-chairperson
under regulation 553C(2)(a).
553C Membership of the Committee Reg. 553C
inserted by
S.R. No.
(1) The Committee consists of the following 106/2020
members— reg. 3.

(a) no fewer than 8 and no more than 15 affected

persons appointed under regulation 553D;
(b) a government co-chairperson appointed
under regulation 553F.
(2) The Committee must elect, from among the
committee members who are affected persons—
(a) a non-government co-chairperson; and
(b) a deputy non-government co-chairperson.
553D Appointment of members who are affected persons Reg. 553D
inserted by
S.R. No.
(1) A member who is an affected person must be 106/2020
appointed by the Minister in writing under this reg. 3.
regulation.
(2) In appointing an affected person as a committee
member, the Minister must have regard to—
(a) representation of the Victorian community
on the Committee and diversity in the
gender, age, cultural and ethnic background,

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region, industry and type of injury or illness

of committee members; and
(b) the ability of the affected person to
successfully perform the functions and duties
of a committee member.
(3) An affected person appointed as a committee
member is appointed on a part-time basis, for a
term of no longer than 3 years.
(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to an affected person
appointed as a committee member in respect of
the office of a committee member.
Reg. 553E 553E Terms of appointment and reappointment of
inserted by
S.R. No. members who are affected persons
106/2020
reg. 3. (1) An affected person's instrument of appointment as
a committee member must specify—
(a) the terms and conditions of the appointment;
and
(b) the remuneration and allowances to which
the member is entitled.
(2) An affected person appointed as a committee
member is eligible to be reappointed for
one additional term.
(3) The Minister may reappoint an affected person as
a committee member for a further additional term
or terms if, in the Minister's opinion, there are
exceptional circumstances.
Reg. 553F 553F Appointment of government co-chairperson
inserted by
S.R. No.
106/2020
(1) An eligible person must be appointed by the
reg. 3. Minister in writing under this regulation to be the
government co-chairperson of the Committee.

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(2) For the purpose of subregulation (1), an eligible

person is a person who can demonstrate a
professional commitment to workplace safety
reform and—
(a) is a public sector employee (within the
meaning of the Public Administration
Act 2004) at the level of Deputy Secretary or
higher or equivalent; or
(b) has knowledge, skills or experience in a field
that the Minister considers relevant.
(3) The government co-chairperson's instrument of
appointment must specify the terms and
conditions of the appointment.
(4) The government co-chairperson is not entitled to
remuneration or allowances in respect of the
office of government co-chairperson.
(5) If a person appointed to be the government co-
chairperson ceases to be an eligible person under
subregulation (2), the person ceases to be a
committee member.
553G Provision of expert and technical advice Reg. 553G
inserted by
S.R. No.
(1) On behalf of the Committee and to assist the 106/2020
Committee to perform its function, the non- reg. 3.
government co-chairperson may invite any of the
following persons to attend meetings of the
Committee for the purpose of providing expert or
technical advice—
(a) the Secretary to the Department;
(b) the Chief Executive Officer of the Victorian
WorkCover Authority;
(c) the Director of Public Prosecutions;
(d) the State Coroner;
(e) the Chief Commissioner of Police;

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(f) the chief executive officer of the Accident

Compensation Conciliation Service;
(g) the Convenor of Medical Panels;
(h) the Victims of Crime Commissioner;
(i) employer and employee representatives;
(j) academics;
(k) any other persons the non-government co-
chairperson considers appropriate.
(2) A person invited to attend a meeting may send a
delegate in the person's place with the written
permission of the non-government co-chairperson.
(3) A person invited to attend a meeting or a delegate
in the person's place—
(a) is not entitled to vote on any question arising
at the meeting; and
(b) is entitled to the allowances (if any)
determined by the non-government
co-chairperson.
Reg. 553H 553H Vacancies in Committee membership
inserted by
S.R. No.
106/2020
(1) A committee member's office becomes vacant
reg. 3. if—
(a) the committee member resigns by signed
notice given to the Minister; or
(b) the committee member is convicted of an
indictable offence, or an offence that, if
committed in Victoria, would be an
indictable offence; or
(c) in the case of a committee member who is
not a co-chairperson, the committee member
is absent, without the co-chairpersons' leave
and without reasonable excuse, from 3
consecutive meetings of the Committee; or

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(d) in the case of a co-chairperson, the

co-chairperson is absent, without leave from
the Minister and without reasonable excuse,
from 3 consecutive meetings of the
Committee; or
(e) the committee member is removed from
office under subregulation (2).
(2) The Minister may, at any time, remove a
committee member from that office.
(3) The co-chairpersons may approve a leave of
absence for a committee member.
553I Circumstances for acting non-government co- Reg. 553I
inserted by
chairperson S.R. No.
106/2020
(1) The deputy non-government co-chairperson must reg. 3.
act as the non-government co-chairperson—
(a) during a vacancy in the office of the non-
government co-chairperson; or
(b) during any period when—
(i) the non-government co-chairperson is
absent; or
(ii) the non-government co-chairperson is,
for any other reason, unable to perform
the functions and duties of that office.
(2) If the deputy non-government co-chairperson is
unable to perform the functions and duties of the
non-government co-chairperson, the Committee
may elect another committee member who is an
affected person to act as the non-government co-
chairperson.
(3) A committee member elected under subregulation
(2) acts as the non-government co-chairperson for
a period not exceeding 3 consecutive meetings.

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(4) A committee member acting as the

non-government co-chairperson—
(a) may exercise all the powers of the
non-government co-chairperson; and
(b) must perform all the functions and duties of
the non-government co-chairperson.
Reg. 553J 553J Appointment of acting government co-chairperson
inserted by
S.R. No.
106/2020
(1) The Minister may, in writing, appoint an eligible
reg. 3. person to act as the government co-chairperson—
(a) during a vacancy in the office of the
government co-chairperson; or
(b) during any period when—
(i) the government co-chairperson is
absent; or
(ii) the government co-chairperson is, for
any other reason, unable to perform the
functions and duties of that office.
(2) For the purpose of subregulation (1), an eligible
person is a person who meets the criteria set out in
regulation 553F(2).
(3) An appointment under subregulation (1) is for a
period not exceeding 3 consecutive meetings.
(4) An eligible person acting as the government co-
chairperson—
(a) may exercise all the powers of the
government co-chairperson; and
(b) must perform all the functions and duties of
the government co-chairperson.
Reg. 553K 553K Meetings of the Committee
inserted by
S.R. No.
106/2020
(1) The Committee must meet at least 4 times per
reg. 3. calendar year.

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(2) The co-chairpersons must call a meeting if asked

in writing to do so by—
(a) the Minister; or
(b) at least one-half of the total number of
committee members.
(3) A quorum for a meeting of the Committee is at
least one-half of the total number of committee
members.
(4) Subject to these Regulations, the Committee may
regulate its own proceedings.
553L Committee support Reg. 553L
inserted by
S.R. No.
The Secretary to the Department must provide the 106/2020
Committee with administrative support from the reg. 3.
Department and any additional support agreed
between the Secretary and the co-chairpersons.
553M Duty to declare conflict of interest Reg. 553M
inserted by
S.R. No.
(1) A committee member who has a perceived or 106/2020
actual conflict of interest in a matter being reg. 3.
considered by the Committee must declare that
conflict.
(2) The Committee must determine whether a conflict
of interest declared under subregulation (1) would
prejudice the Committee's operation and must
decide whether the committee member should—
(a) be present when the Committee considers the
relevant matter; or
(b) take part in any decision of the Committee
about that matter.
(3) If the Committee decides under subregulation
(2)(a) or (b) that the committee member should
not be present or take part in a decision, the
remaining committee members present at the
meeting are a quorum for considering and making

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any decision about that matter despite regulation

553K(3).
Reg. 553N 553N Confidentiality
inserted by
S.R. No.
106/2020
(1) Subject to subregulation (2), materials and
reg. 3. information obtained by the Committee in
performing its function and not publicly available
must be treated as confidential.
(2) Subject to subregulation (3), a committee member
may only disclose identifying information
obtained as a result of the member's appointment
as a committee member if the disclosure is—
(a) authorised in writing by—
(i) the co-chairpersons or, if the member is
a co-chairperson, the other co-
chairperson; and
(ii) the person to whom the identifying
information relates; or
(b) otherwise permitted or required by law.
(3) The co-chairpersons must not authorise disclosure
of any materials or information that are
commercial-in-confidence.
Reg. 553O 553O Review of this Chapter's operation
inserted by
S.R. No.
106/2020
The Minister must ensure that a review of this
reg. 3. Chapter's first year of operation is undertaken
within two years of the appointment of the initial
committee members.

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Chapter 7B—Enforcement Ch. 7B

(Heading and
reg. 553P)
inserted by
S.R. No.
88/2021 reg. 5.

553P Infringement offences and infringement penalties Reg. 553P

inserted by
S.R. No.
(1) For the purposes of section 139(1) of the Act, an 88/2021 reg. 5.
offence specified in Column 2 of Schedule 20 is
prescribed as an infringement offence.
(2) For the purposes of section 139(2) of the Act, the
infringement penalty for an infringement offence
is—
(a) in the case of a natural person, the
infringement penalty set out in Column 3 of
Schedule 20 in relation to the offence; and
(b) in the case of a body corporate, the
infringement penalty set out in Column 4 of
Schedule 20 in relation to the offence.
(3) For the purposes of section 139(3) of the Act, an
infringement notice may be issued by an inspector
appointed under Part 9 of the Occupational
Health and Safety Act 2004.

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Part 8.1—General transitional provisions

Chapter 8—Saving and

transitional provisions
Part 8.1—General transitional provisions
554 Commencement day
In this Chapter commencement day means
18 June 2017.
555 General transitional provisions
This Chapter does not affect or take away from
the Interpretation of Legislation Act 1984.
556 Former Regulations
In this Chapter former Regulations means the
Occupational Health and Safety Regulations 2007.
557 Licence classes for pressure equipment operation
(1) The following high risk work licence classes listed
in Schedule 3 of these Regulations do not apply
until 18 June 2018—
(a) standard boiler operation licence (clause 26
of Schedule 3);
(b) advanced boiler operation licence (clause 27
of Schedule 3).
(2) From the commencement day until 17 June 2018,
the following high risk work classes listed in
Schedule 3 of the former Regulations continue to
apply for the purposes of these Regulations—
(a) basic boiler operation licence (clause 29
of Schedule 3 of the former Regulations);
(b) intermediate boiler operation licence
(clause 30 of Schedule 3 of the former
Regulations).

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(c) advanced boiler operation licence (clause 31

of Schedule 3 of the former Regulations).
(3) Any basic boiler operation licence granted under
these Regulations or the former Regulations
before 18 June 2018, that was in force
immediately before 18 June 2018, is taken to
be on and from 18 June 2018 a standard boiler
operation licence for the purpose of these
Regulations and continues in force as if it had
been granted under these Regulations.
(4) Any intermediate boiler operation licence
granted under these Regulations or the former
Regulations before 18 June 2018, that was in
force immediately before 18 June 2018, is taken
to be on and from 18 June 2018 a standard
boiler operation licence for the purpose of these
Regulations and continues in force as if it had
been granted under these Regulations except
that, in addition to the scope of work set out in
clause 26 of Schedule 3, the scope of the work
for this licence covers the operation of a boiler
with a single fuel source that has a superheater
or economiser attached, until 18 June 2019.
(5) On and from 19 June 2019, an advanced boiler
operation licence is required to operate a boiler
with a single fuel source that has a superheater
or economiser.
(6) Any advanced boiler operation licence
granted under these Regulations or the former
Regulations before 18 June 2018, that was in
force immediately before 18 June 2018, is taken
to be on and from 18 June 2018 an advanced
boiler operation licence for the purpose of these
Regulations and continues in force as if it had
been granted under these Regulations.

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558 Construction
(1) Despite regulation 332, Subdivision 2 of
Division 2 of Part 5.1 (Construction) applies
to a construction project the cost of which is
$250 000 or more if the construction contract for
the project was entered into before 1 July 2014.
Note
1 July 2014 was the commencement date of the
Occupational Health and Safety Amendment
Regulations 2014.
(2) An application for registration to perform
construction work made but not determined
by the Authority under regulation 6.2.15 of
the former Regulations immediately before
the commencement day is taken, on and from
the commencement day, to be an application
for a construction induction card under
regulation 344 of these Regulations.
(3) A person who was registered to perform
construction work under regulation 5.1.21
of the former Regulations immediately before
the commencement day is taken, on and from
the commencement day, to comply with the
requirements of Division 3 of Part 5.1
(Construction) of these Regulations.
559 Major hazard facilities—12 months transition
period
(1) A person who was registered or licensed to
operate a major hazard facility immediately
before the commencement day does not
contravene these Regulations if, before 18 June
2018, the person complies with their obligations
under Part 5.2 (Major hazard facilities) of the
former Regulations.

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(2) An application for a major hazard facility licence

or licence renewal made on or before 18 June
2018 is valid if it is made in accordance with
Part 5.2 (Major hazard facilities) and Part 6.1
(Licences) of the former Regulations.
(3) The Authority must grant an application for a
major hazard facility licence or licence renewal
referred to in subregulation (2) if it is satisfied of
the matters it is required to be satisfied of under
Part 5.2 (Major hazard facilities) and Part 6.1
(Licences) of the former Regulations.
560 Major hazard facilities—Other transition periods
(1) For the period of 6 months after the
commencement day, Schedule 14 does
not operate and Schedule 9 to the former
Regulations continues to operate.
(2) Until 18 June 2018, clause 2.3 of Schedule 17
does not operate and clause 2.3 of Schedule 12
to the former Regulations continues to operate.
560A GHS—24 months transition period Reg. 560A
inserted by
S.R. No.
Until 31 December 2022, a manufacturer or 141/2020
supplier of a hazardous substance does not reg. 7.
contravene a provision of these Regulations that
requires compliance with the GHS if—
(a) the manufacturer or supplier would not have
contravened the provision had it required
compliance with one of (but not a
combination of) the third revised edition,
fourth revised edition or fifth revised edition
of the Globally Harmonized System of
Classification and Labelling of Chemicals,
published by the United Nations and as
modified by Schedule 7 prior to the
commencement of the Occupational Health
and Safety Amendment Regulations 2020; or

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(b) for the purposes of that provision of these

Regulations, the GHS contains an obligation
to be complied with and there is no
equivalent to that obligation in the third
revised edition, fourth revised edition or fifth
revised edition of the Globally Harmonized
System of Classification and Labelling of
Chemicals, published by the United Nations
and as modified by Schedule 7 prior to the
commencement of the Occupational Health
and Safety Amendment Regulations 2020.
Ch. 9 * * * * *
(Headings
and regs
561–583)
revoked by
S.R. No.
141/2020
reg. 8.

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 1—Revocation of Regulations

Schedule 1—Revocation of Regulations

Regulation 4

S.R. No. Title

54/2007 Occupational Health and Safety Regulations 2007;
140/2007 Occupational Health and Safety Amendment
(Chrysotile Exemption) Amendment Regulations 2007;
18/2010 Occupational Health and Safety Amendment
(Hazardous Substances Classification) Regulations 2010;
93/2010 Occupational Health and Safety Amendment
(Miscellaneous) Regulations 2010;
57/2012 Occupational Health and Safety Amendment
Regulations 2012;
54/2014 Occupational Health and Safety Amendment
Regulations 2014.

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 2—Plant requiring registration of design

Schedule 2—Plant requiring

registration of design
Regulations 106, 125 and 126
1.1 Pressure equipment, other than the following—
(a) pressure piping;
(b) miniature boilers designed in accordance
with the AMBSC Code;
(c) gas cylinders or fired heaters with a hazard
level equivalent to hazard level E as set out
in AS 4343 Pressure equipment—Hazard
levels.
1.2 Tower cranes, other than the foundations or
supporting structure and the crane ties of the
tower crane.
1.3 Self-erecting tower cranes.
1.4 Lifts, other than the following—
(a) platforms for raising or lowering stage
performers and associated equipment;
(b) plant designed only to store vehicles in a
designated parking facility;
(c) lifts designed to transport goods only, which
do not have any operational controls within
the lift car, including dumb waiters.
1.5 Building maintenance units.
1.6 Hoists with a platform movement of more than
2·4 metres, designed to lift persons.
1.7 Work boxes suspended from cranes.
1.8 Amusement structures to which AS 3533.1—
Amusement rides and devices—Part 1: Design
and construction applies, other than the
following—

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Schedule 2—Plant requiring registration of design

(a) amusement structures determined by

AS 3533.1 to be class 1;
(b) amusement structures that are, or are
intended to be, permanently installed and
operated in playgrounds;
(c) water slides on which water facilitates users
sliding easily, predominantly under gravity,
along a static structure;
(d) water wave generators that prevent users
from coming into contact with the machinery
used to generate the waves;
(e) inflatable devices, unless they have a
platform height (the height of the highest
part of the device designed to support users)
of 3 metres or more and rely on a supply of
continuously blown air to maintain their
shape;
(f) amusement structures that are specifically
designed for a sporting, professional stunt,
theatrical or acrobatic purpose or activity,
including canoes operating on artificial
currents;
(g) rides or devices that are primarily designed
as a form of transport or motor sport,
including hovercrafts, quad bikes and snow
mobiles;
(h) jet packs and hover boards;
(i) go-karts;
(j) parasailing equipment;
(k) coin or token operated devices that are
intended to be ridden, at the same time,
by not more than 4 children who must be
below the age of 10 years.

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 2—Plant requiring registration of design

1.9 Prefabricated scaffolding, being an integrated

system of prefabricated components manufactured
in such a way that the possible geometry of
assembled scaffolds is pre-determined by the
designer.
1.10 Boom-type elevating work platforms.
1.11 Gantry cranes with a rated capacity greater than
5 tonnes or bridge cranes with a rated capacity
greater than 10 tonnes, and a gantry crane or a
bridge crane that is designed to handle molten
metal or dangerous goods.
1.12 Vehicle hoists.
1.13 Mast climbing work platforms.
1.14 Mobile cranes with a rated capacity greater than
10 tonnes, other than reach stackers.
1.15 Chairlifts.
1.16 Concrete-placing booms.

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 3—High risk work licence classes

Schedule 3—High risk work licence classes

Regulations 5 and 130

Part 1—Licence classes for

scaffolding and rigging
1 Basic scaffolding licence
(1) The scope of work for this licence is scaffolding
work involving any of the following—
(a) prefabricated scaffolds;
(b) cantilevered hoists with a maximum working
load limit of 500 kilograms (materials only);
(c) ropes;
(d) gin wheels;
(e) safety nets and static lines;
(f) bracket scaffolds (tank and formwork).
(2) The scope of work for this licence does
not include the scaffolding work listed in
clauses 2(1)(b) and 3(b).
2 Intermediate scaffolding licence
(1) The scope of work for this licence is—
(a) scaffolding work included in the scope of
work for the basic scaffolding licence; and
(b) scaffolding work involving any of the
following—
(i) cantilevered crane loading platforms;
(ii) cantilevered scaffolds;
(iii) spur scaffolds;

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 Occupational Health and Safety Regulations 2017
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Schedule 3—High risk work licence classes

(iv) barrow ramps and sloping platforms;

(v) scaffolding associated with perimeter
safety screens and shutters;
(vi) mast climbing work platforms;
(vii) tube and coupler scaffolds
(including tube and coupler
covered ways and gantries).
(2) The scope of work for this licence does not
include the scaffolding work listed in clause 3(b).
3 Advanced scaffolding licence
The scope of work for this licence is—
(a) scaffolding work included in the scope of
work for the intermediate scaffolding
licence; and
(b) scaffolding work involving any of the
following—
(i) cantilevered hoists;
(ii) hung scaffolds, including scaffolds
hanging from tubes, wire ropes and
chains;
(iii) suspended scaffolds.
4 Dogging licence
The scope of work for this licence is dogging
work.
5 Basic rigging licence
(1) The scope of work for this licence is—
(a) dogging work; and
(b) rigging work involving any of the
following—
(i) movement of plant and equipment;

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Schedule 3—High risk work licence classes

(ii) steel erection;

(iii) hoists (other than hoists with jibs and
self-climbing hoists);
(iv) placement of pre-cast concrete;
(v) safety nets and static lines;
(vi) mast climbing work platforms;
(vii) perimeter safety screens and shutters;
(viii) cantilevered crane loading platforms.
(2) The scope of work for this licence does not
include the rigging work listed in clauses 6(1)(b)
and 7(b).
6 Intermediate rigging licence
(1) The scope of work for this licence is—
(a) the scope of work included in the basic
rigging licence; and
(b) rigging work involving any of the
following—
(i) use of load equalising gear;
(ii) cranes, conveyors, dredges and
excavators;
(ii) tilt slabs;
(iv) hoists with jibs and self-climbing
hoists;
(v) demolition;
(vi) dual lifts.
(2) The scope of work for this licence does not
include the rigging work listed in clause 7(b).

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Schedule 3—High risk work licence classes

7 Advanced rigging licence

The scope of work for this licence is—
(a) the scope of work included in the
intermediate rigging licence; and
(b) rigging work involving any of the
following—
(i) rigging of gin poles and shear legs;
(ii) flying foxes and cable ways;
(iii) guyed derricks and structures;
(iv) suspended scaffolds and fabricated
hung scaffolds.

Part 2—Licence classes for crane, hoist

and forklift truck operation
8 Tower crane operation licence
The scope of work for this licence covers the
operation of tower cranes.
Note
The scope of work for this licence does not include the operation
of a self-erecting tower crane.
9 Self-erecting tower crane operation licence
The scope of work for this licence covers the
operation of self-erecting tower cranes.
Note
The scope of work for this licence does not include the operation
of a tower crane.
10 Derrick crane operation licence
The scope of work for this licence covers the
operation of derrick cranes.

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Schedule 3—High risk work licence classes

11 Portal boom crane operation licence

The scope of work for this licence covers the
operation of portal boom cranes.
12 Bridge and gantry crane operation licence
The scope of work for this licence covers the
following—
(a) the operation of bridge cranes and gantry
cranes that are—
(i) controlled from a permanent cabin or
control station on the crane; or
(ii) remotely controlled and have more than
3 powered operations;
(b) the application of load estimation and
slinging techniques to move a load using
a bridge crane or gantry crane.
13 Vehicle loading crane operation licence Sch. 3 cl. 13
amended by
S.R. No.
The scope of work for this licence covers the 71/2018
operation of vehicle loading cranes that have a reg. 14(a).
capacity of 10 metre tonnes or more and includes
the application of load estimation and slinging
techniques to move a load using a vehicle loading
crane.
14 Non-slewing mobile crane operation licence
The scope of work for this licence covers the
operation of—
(a) non-slewing mobile cranes; and
(b) reach stackers.

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Schedule 3—High risk work licence classes

15 Slewing mobile crane operation licence

(up to 20 tonnes)
The scope of work for this licence covers the
operation of—
(a) slewing mobile cranes with a capacity of
20 tonnes or less; and
(b) non-slewing mobile cranes; and
(c) reach stackers; and
Sch. 3 cl. 15(d) (d) vehicle loading cranes that have a capacity
amended by
S.R. No. of 10 metre tonnes or more (but does not
71/2018 include the application of load estimation
reg. 14(b).
and slinging techniques to move a load
using a vehicle loading crane).
16 Slewing mobile crane operation licence
(up to 60 tonnes)
The scope of work for this licence covers the
operation of—
(a) slewing mobile cranes with a capacity of
60 tonnes or less; and
(b) non-slewing mobile cranes; and
(c) reach stackers; and
Sch. 3 cl. 16(d) (d) vehicle loading cranes that have a capacity
amended by
S.R. No. of 10 metre tonnes or more (but does not
71/2018 include the application of load estimation
reg. 14(c).
and slinging techniques to move a load
using a vehicle loading crane).
17 Slewing mobile crane operation licence
(up to 100 tonnes)
The scope of work for this licence covers the
operation of—
(a) slewing mobile cranes with a capacity of
100 tonnes or less; and

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Schedule 3—High risk work licence classes

(b) non-slewing mobile cranes; and

(c) reach stackers; and
(d) vehicle loading cranes that have a capacity Sch. 3 cl. 17(d)
amended by
of 10 metre tonnes or more (but does not S.R. No.
include the application of load estimation 71/2018
reg. 14(d).
and slinging techniques to move a load
using a vehicle loading crane).
18 Slewing mobile crane operation licence
(open/over 100 tonnes)
The scope of work for this licence covers the
operation of—
(a) slewing mobile cranes with any capacity;
and
(b) non-slewing mobile cranes; and
(c) reach stackers; and
(d) vehicle loading cranes that have a capacity Sch. 3 cl. 18(d)
amended by
of 10 metre tonnes or more (but does not S.R. No.
include the application of load estimation 71/2018
reg. 14(e).
and slinging techniques to move a load
using a vehicle loading crane).
19 Reach stacker operation licence
The scope of work for this licence covers the
operation of reach stackers with a capacity of
more than 3 tonnes.
20 Boom-type elevating work platform operation
licence
The scope of work for this licence covers the
operation of boom-type elevating work platforms
that have a boom length of 11 metres or more.

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Schedule 3—High risk work licence classes

21 Materials hoist (cantilever platform) operation

licence
The scope of work for this licence covers the
operation of materials platform hoists.
22 Hoist (personnel and materials) operation licence
The scope of work for this licence covers the
operation of—
(a) personnel and materials hoists; and
(b) materials platform hoists.
23 Concrete-placing boom operation licence
The scope of work for this licence covers the
operation of concrete-placing booms.
24 Forklift truck operation licence
The scope of work for this licence covers the
operation of forklift trucks.
Note
The scope of work for this licence does not include the operation
of an order-picking forklift truck.
25 Order-picking forklift truck operation licence
The scope of work for this licence covers the
operation of order-picking forklift trucks with
fork arms or other loadholding attachments that
can be raised 900mm or more above the ground.
Notes
1 The scope of work for this licence does not include
the operation of a forklift truck.
2 No high risk work licence is required to operate
an order-picking forklift truck with fork arms or
other loadholding attachments that cannot be
raised 900mm or more above the ground.

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 3—High risk work licence classes

Part 3—Licence classes for pressure

equipment operation
26 Standard boiler operation licence
The scope of work for this licence covers the
operation of a boiler with a single fuel source that
does not have a pre-heater, re-heater, superheater
or economiser attached (a standard boiler).
27 Advanced boiler operation licence
The scope of the work for this licence is—
(a) the scope of work included in the standard
boiler operation licence; and
(b) the operation of boilers, which may have one
or more of the following—
(i) multiple fuel sources;
(ii) pre-heater;
(iii) re-heater;
(iv) superheater;
(v) economiser.
28 Turbine operation licence
The scope of work for this licence covers
the operation of turbines with any or all of
the following features—
(a) attached condensers;
(b) multi-wheeled;
(c) a multi-stage heat extraction process;
(d) a speed of greater than 3600 revolutions
per minute.
29 Reciprocating steam engine operation licence
The scope of work for this licence covers the
operation of reciprocating steam engines.

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 4—Pressure equipment for which
high risk work licence is not required

Schedule 4—Pressure equipment for which

high risk work licence is not required
Regulation 130
1 Boilers having less than 5 square metres of
heating surface.
2 Boilers that are hot drink dispensers having
an internal volume not larger than 0·014 cubic
metres and having a heat input of not more than
5 kilowatts and a maximum working pressure of
not more than 210 kilopascals.
3 Steam locomotive boilers used for public rail
transport.
4 Boilers that are liquid heating units where the
liquid is intended to be heated under a pressure
above atmospheric and to a temperature not
greater than 1 degree below the normal
atmospheric boiling point of the liquid.
5 Boilers that satisfy the requirements specified in
AS 2593 as having—
(a) an attendance category of unattended
operation; or
(b) an attendance category of limited attendance
except to the extent that AS 2593 specifies
that certain checks must be undertaken by a
licensed operator.
6 Boilers known as small low hazard boilers as
specified in AS 2593.
7 Boilers that comply with the AMBSC Code
provided that—
(a) during the construction of the locomotive
containing the boiler, the boiler has been
inspected in the manner described in the
AMBSC Code (appropriate to the material
of construction) by a person registered with

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Schedule 4—Pressure equipment for which
high risk work licence is not required

the Australian Miniature Boiler Safety

Committee; and
(b) the locomotive containing the boiler is not
in the charge of a person under the age of
18 years when that locomotive is being
operated in a public place.
8 Boilers manufactured before 1952 provided
they are used solely for a historical purpose
or activity, including an activity that is ancillary
to a historical activity.
Examples
1 A historical activity may include a historical display,
parade, demonstration or re-enactment.
2 An activity ancillary to a historical activity may include
restoring, maintaining, modifying, servicing, repairing
or housing a boiler used, or to be used, for a historical
activity.

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 5—High risk work—competency requirements

Schedule 5—High risk work—

competency requirements
Regulation 5

Item Licence class VET course

1 Basic scaffolding Licence to erect, alter and dismantle
scaffolding basic level
2 Intermediate scaffolding Licence to erect, alter and dismantle
scaffolding basic level; and
Licence to erect, alter and dismantle
scaffolding intermediate level
3 Advanced scaffolding Licence to erect, alter and dismantle
scaffolding basic level; and
Licence to erect, alter and dismantle
scaffolding intermediate level; and
Licence to erect, alter and dismantle
scaffolding advanced level
4 Dogging Licence to perform dogging
5 Basic rigging Licence to perform dogging; and
Licence to perform rigging basic
level
6 Intermediate rigging Licence to perform dogging; and
Licence to perform rigging basic
level; and
Licence to perform rigging
intermediate level
7 Advanced rigging Licence to perform dogging; and
Licence to perform rigging basic
level; and
Licence to perform rigging
intermediate level; and
Licence to perform rigging advanced
level
8 Tower crane operation Licence to operate a tower crane
9 Self-erecting tower crane Licence to operate a self-erecting
operation tower crane
10 Derrick crane operation Licence to operate a derrick crane

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Schedule 5—High risk work—competency requirements

Item Licence class VET course

11 Portal boom crane Licence to operate a portal boom
operation crane
12 Bridge and gantry crane Licence to operate a bridge and
operation gantry crane
13 Vehicle loading crane Licence to operate a vehicle loading
operation crane (capacity 10 metre tonnes and
above)
14 Non-slewing mobile Licence to operate a non-slewing
crane operation mobile crane (greater than 3 tonnes
capacity)
15 Slewing mobile crane Licence to operate a slewing mobile
operation (up to crane (up to 20 tonnes)
20 tonnes)
16 Slewing mobile crane Licence to operate a slewing mobile
operation (up to crane (up to 60 tonnes)
60 tonnes)
17 Slewing mobile crane Licence to operate a slewing mobile
operation (up to crane (up to 100 tonnes)
100 tonnes)
18 Slewing mobile crane Licence to operate a slewing mobile
operation (open/over crane (over 100 tonnes)
100 tonnes)
19 Reach stacker operation Licence to operate a reach stacker
(greater than 3 tonnes capacity)
20 Boom-type elevating Licence to operate a boom-type
work platform operation elevating work platform (boom
length 11 metres or more)
21 Materials hoist Licence to operate a materials hoist
(cantilever platform)
operation
22 Hoist (personnel and Licence to operate a personnel and
materials) operation materials hoist
23 Concrete-placing boom Licence to operate a concrete-placing
operation boom
24 Forklift truck operation Licence to operate a forklift truck
25 Order-picking forklift Licence to operate an order-picking
truck operation forklift truck

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Schedule 5—High risk work—competency requirements

Item Licence class VET course

26 Standard boiler operation Licence to operate a standard boiler
27 Advanced boiler Licence to operate an advanced boiler
operation
28 Turbine operation Licence to operate a steam turbine
29 Reciprocating steam Licence to operate a reciprocating
engine operation steam engine

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 6—Hazardous substances prohibited for specified uses

Schedule 6—Hazardous substances

prohibited for specified uses
Regulation 153
Use of materials containing more than 1% crystalline silica for
abrasive blasting.

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 7—Classification of mixtures

Schedule 7—Classification of mixtures

Regulations 5 and 143
1 Purpose of this Schedule
The tables in this Schedule replace some of the
tables in the GHS.
2 Classification of mixtures containing respiratory
sensitisers or skin sensitisers
The GHS applies as if the following table were
substituted for Table 3.4.5 in Chapter 3.4 of the
GHS—
Table 1—Classification of mixtures containing
respiratory sensitisers or skin sensitisers
Cut-off values/concentration limits of ingredients of a mixture classified
as either a respiratory sensitiser or a skin sensitiser that would trigger
classification of the mixture.

Ingredient
Item classification Mixture classification
Skin sensitiser Respiratory sensitiser
Category 1 Category 1
All physical
states Solid/liquid Gas
1 Skin sensitiser ≥1·0%
Category 1
2 Skin sensitiser ≥0·1%
Sub-category 1A
3 Skin sensitiser ≥1·0%
Sub-category 1B
4 Respiratory ≥1·0% ≥0·2%
sensitiser
Category 1
5 Respiratory ≥0·1% ≥0·1%
sensitiser
sub-category 1A

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Schedule 7—Classification of mixtures

Ingredient
Item classification Mixture classification
6 Respiratory ≥1·0% ≥0·2%
sensitiser
sub-category 1B

3 Classification of mixtures containing carcinogens

The GHS applies as if the following table were
substituted for Figure 3.6.1 in Chapter 3.6 of
the GHS—

Table 2—Classification of mixtures containing carcinogens

Cut-off values/concentration limits of ingredients of a mixture classified as a
carcinogen that would trigger classification of the mixture.

Ingredient
Item classification Mixture classification
Category 1 Category 2
carcinogen carcinogen
1 Category 1 ≥0·1%
carcinogen
2 Category 2 ≥1·0%
carcinogen

Notes
1 The concentration limits in Table 2 apply to solids and liquids
(w/w units) and gases (v/v units).
2 Category 1 carcinogen means Category 1A carcinogen or Note 2 to
Sch. 7 cl. 3
Category 1B carcinogen in the GHS.
amended by
S.R. No.
141/2020
reg. 9(a).

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Schedule 7—Classification of mixtures

4 Classification of mixtures containing reproductive

toxicants
The GHS applies as if the following table were
substituted for Figure 3.7.1 in Chapter 3.7 of the
GHS—

Table 3—Classification of mixtures containing reproductive toxicants

Cut-off values/concentration limits of ingredients of a mixture classified as a
reproductive toxicant or for effects on or via lactation that would trigger
classification of the mixture.

Ingredient
Item classification Mixture classification
Additional
Category 1 Category 2 category for
Reproductive Reproductive effects on or
toxicant toxicant via lactation
1 Category 1 ≥0·3%
reproductive
toxicant
2 Category 2 ≥3·0%
reproductive
toxicant
3 Additional ≥0·3%
category for
effects on or
via lactation

Notes
1 The concentration limits in Table 3 apply to solids and liquids
(w/w units) and gases (v/v units).
Note 2 to 2 Category 1 reproductive toxicant means Category 1A
Sch. 7 cl. 4
reproductive toxicant or Category 1B reproductive toxicant
amended by
S.R. No. in the GHS.
141/2020
reg. 9(b).

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Schedule 7—Classification of mixtures

5 Classification of mixtures containing specific target

organ toxicants (single exposure)
The GHS applies as if the following table were
substituted for Figure 3.8.1 in Chapter 3.8 of
the GHS—

Table 4—Classification of mixtures containing specific

target organ toxicants (single exposure)
Cut-off values/concentration limits of ingredients of a mixture classified as a
specific target organ toxicant that would trigger classification of the mixture.

Ingredient
Item classification Mixture classification
Category 1 Category 2
1 Category 1 Concentration ≥10% 1·0% ≤
specific target concentration <10%
organ toxicant
2 Category 2 Concentration
specific target ≥10%
organ toxicant

Note
The concentration limits in Table 4 apply to solids and liquids
(w/w units) and gases (v/v units).

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Schedule 7—Classification of mixtures

6 Classification of mixtures containing reproductive

toxicants (repeated exposures)
The GHS applies as if the following table were
substituted for Table 3.9.3 in Chapter 3.9 of the
GHS—

Table 5—Classification of mixtures containing specific

target organ toxicants (repeated exposure)
Cut-off values/concentration limits of ingredients of a mixture classified as a
specific target organ toxicant that would trigger classification of the mixture.

Ingredient
Item classification Mixture classification
Category 1 Category 2
1 Category 1 Concentration ≥10% 1·0% ≤
specific target concentration <
organ toxicant 10%
2 Category 2 Concentration
specific target ≥10%
organ toxicant

Note
The concentration limits in Table 5 apply to solids and liquids
(w/w units) and gases (v/v units).

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Schedule 8—Disclosure of ingredients in safety data sheets

Schedule 8—Disclosure of ingredients

in safety data sheets
Regulations 145 and 149
1 Purpose of this Schedule
This Schedule sets out the way in which the
ingredients of a hazardous substance must be
disclosed in a safety data sheet prepared under
these Regulations.
2 Identity of ingredients to be disclosed
(1) This clause applies if an ingredient in a hazardous
substance causes the correct classification of the
substance to include a hazard class and hazard
category referred to in Table 1.
(2) The identity of the ingredient must be disclosed
on the label and safety data sheet of the hazardous
substance in accordance with clauses 3 and 4.
Sch. 8 cl. 2
Table 1 (Table 1)
amended by
Column 1 Column 2 Column 3 S.R. No.
141/2020
Item GHS hazard class GHS hazard category reg. 10(a).
1 Acute toxicity—oral Category 1
Category 2
Category 3
Category 4
2 Acute toxicity—dermal Category 1
Category 2
Category 3
Category 4
3 Acute toxicity—inhalation Category 1
Category 2
Category 3
Category 4

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Schedule 8—Disclosure of ingredients in safety data sheets

Column 1 Column 2 Column 3

Item GHS hazard class GHS hazard category
4 Respiratory sensitiser Category 1
5 Skin sensitiser Category 1
6 Mutagenicity Category 1A
Category 1B
Category 2
7 Carcinogenicity Category 1A
Category 1B
Category 2
8 Toxic to reproduction Category 1A
Category 1B
Category 2
Additional category for
effects on or via
lactation
9 Target organ toxicity—single Category 1
exposure Category 2
Category 3
10 Target organ toxicity—repeat Category 1
exposure Category 2
11 Aspiration hazards Category 1
12 Skin corrosion or irritation Category 1A
Category 1B
Category 1C
Category 2
13 Serious eye damage or eye Category 1
irritation Category 2

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 8—Disclosure of ingredients in safety data sheets

3 Generic names used to disclose identity of

ingredients
(1) This clause applies if an ingredient of a hazardous
substance must be disclosed under clause 2.
(2) The ingredient—
(a) may be disclosed by its generic name if—
(i) the ingredient causes the correct
classification of the hazardous
substance to include a hazard class
and hazard category referred to in
Table 2; and
(ii) the ingredient does not cause the
correct classification of the hazardous
substance to include any other hazard
class and hazard category in Table 1;
and
(iii) the identity of the ingredient is
commercially confidential; and
(iv) an exposure standard for the ingredient
has not been established; or
(b) in any other case—must be disclosed by its
chemical identity.
Sch. 8 cl. 3
Table 2 (Table 2)
amended by
Column 1 Column 2 S.R. No.
141/2020
Item GHS hazard class reg. 10(b).
1 Acute toxicity (category 4)
2 Aspiration hazard (category 1)
3 Serious eye damage or eye irritation (category 2)
4 Skin corrosion or irritation (category 2)
5 Specific target organ toxicity (single exposure) (category 3)

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 8—Disclosure of ingredients in safety data sheets

4 Disclosing proportions of ingredients

(1) This clause applies if an ingredient of a hazardous
substance must be disclosed under clause 2.
(2) The proportion of the ingredient to the hazardous
substance must be disclosed—
(a) if the exact proportion of the ingredient is
not commercially confidential—as the
exact proportion of the hazardous substance,
expressed as a percentage by weight or
volume; or
(b) if the exact proportion of the ingredient is
commercially confidential—as one of the
following ranges within which the exact
proportion fits, expressed as a percentage
by weight or volume—
(i) <10%;
(ii) 10%–30%;
(iii) 30%–60%;
(iv) >60%;
(v) a range that is narrower than the
range set out in subparagraph (i),
(ii), (iii) or (iv).

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 9—Hazardous substances—requirements for health monitoring

Schedule 9—Hazardous substances—

requirements for health monitoring
Regulation 169

Table 1—Hazardous substances (other than lead)

requiring health monitoring

Column 1 Column 2
Item Hazardous substance
1 Acrylonitrile
2 Arsenic (inorganic)
3 Benzene
4 Cadmium
5 Chromium (inorganic)
6 Creosote
7 Crystalline silica
8 Isocyanates
9 Mercury (inorganic)
10 4,4'-Methylene bis
(2-chloroaniline) (MOCA)
11 Organophosphate pesticides
12 Pentachlorophenol (PCP)
13 Polycyclic aromatic
hydrocarbons (PAH)
14 Thallium
15 Vinyl chloride

Table 2—Lead requiring health monitoring

Column 1 Column 2
Item Hazardous substance
1 Lead

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 10—Prohibited carcinogenic substances

Schedule 10—Prohibited carcinogenic

substances
Regulations 5 and 174

CAS number (given for

Item information only) Prohibited carcinogenic substance
1 [53-96-3] 2-Acetylaminofluorene
2 Aflatoxins
3 [92-67-1] 4-Aminodiphenyl
4 [92-87-5] including Benzidine (including benzidine
[531-85-1] dihydrochloride)
5 [542-88-1] bis(Chloromethyl) ether
6 [107-30-2] Chloromethyl methyl ether
(technical grade which contains
bis(chloromethyl) ether)
7 [60-11-7] 4-Dimethylaminoazobenzene
(Dimethyl Yellow)
8 [91-59-8] 2-Naphthylamine
9 [92-93-3] 4-Nitrodiphenyl

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 11—Restricted carcinogenic substances

Schedule 11—Restricted carcinogenic

substances
Regulations 5 and 174

CAS number (given for

Item information only) Restricted carcinogenic substance
1 [107-13-1] Acrylonitrile
2 [71-43-2] Benzene when used as a
feedstock containing more than
50% of benzene by volume
3 [91-94-1] 3,3'-Dichlorobenzidine
[612-83-9] and its salts (including
3,3'-Dichlorobenzidine
dihydrochloride)
4 [64-67-5] Diethyl sulfate
5 [77-78-1] Dimethyl sulphate
6 [106-93-4] Ethylene dibromide when used
as a fumigant
7 [101-14-4] 4,4'-Methylene
bis(2-chloroaniline)
8 [57-57-8] 3-Propiolactone
(Beta-propiolactone)
9 [95-53-4] o-Toluidine and o-Toluidine
and [636-21-5] hydrochloride
10 [75-01-4] Vinyl chloride monomer

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 12—Information required to be included in an asbestos control plan

Schedule 12—Information required to be

included in an asbestos control plan
Regulation 272
1 A record to indicate that the notice requirements
have been met and that required documentation is
kept at the workplace where the asbestos removal
work is performed.
2 In relation to asbestos—
(a) its location; and
(b) the quantity of asbestos proposed to be
removed; and
(c) in relation to asbestos-containing material—
(i) whether the asbestos-containing
material is friable or non-friable; and
(ii) the type of asbestos-containing
material; and
(iii) the condition of the asbestos-containing
material.
3 The type of personal protective clothing and
personal protective equipment to be used,
including respiratory protective equipment.
4 Proposed risk control measures to be used to
prevent release of airborne asbestos fibres from
the area where the asbestos removal work is being
performed.
5 If the area where the asbestos removal work is
being performed in a negative air enclosure,
details regarding—
(a) smoke testing; and
(b) negative air units.

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 Occupational Health and Safety Regulations 2017
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Schedule 12—Information required to be included in an asbestos control plan

6 Details of decontamination procedures for—

(a) persons performing the asbestos removal
work; and
(b) tools and equipment used for the asbestos
removal work; and
(c) non-disposable personal protective clothing
and personal protective equipment.
7 Method of disposal of—
(a) asbestos waste; and
(b) disposable personal protective clothing and
personal protective equipment; and
(c) the structure used to enclose the area where
the asbestos removal work is being
performed.
8 Administrative controls to be implemented,
including—
(a) security; and
(b) work practices.
9 Methods of cleaning following asbestos removal
work.
10 Names of persons engaged by the licence
holder or person who commissioned the asbestos
removal work (as applicable) to conduct asbestos
paraoccupational air monitoring (if any) and to
conduct the clearance inspection.
11 Names of any independent contractors engaged
by the asbestos removal licence holder to perform
asbestos removal work.

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 Occupational Health and Safety Regulations 2017
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Schedule 13—Information required to be included in a notice of
asbestos removal work

Schedule 13—Information required

to be included in a notice of
asbestos removal work
Regulations 298 and 299
1 The name, registered business name, Australian
Business Number, licence number and contact
details of the licence holder.
2 The name of the supervisor who will oversee
the asbestos removal work and the supervisor's
contact details.
3 The name and contact details of the person who
commissioned the asbestos removal work.
4 The name, including registered business or
corporate name, and address of the workplace
and type of workplace where the asbestos
removal work will be performed including the
specific location if it is a large workplace.
5 The date of notice.
6 The commencement date and estimated duration
of the asbestos removal work.
7 Whether the asbestos is friable asbestos-
containing material, non-friable asbestos-
containing material or asbestos-contaminated
dust.
8 If the work is Class A asbestos removal work,
details of the way that the area where the asbestos
removal work is to be performed will be enclosed.
9 The type of asbestos-containing material.
10 The estimated quantity of asbestos to be removed.
11 The number of persons who will perform the
asbestos removal work.

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 13—Information required to be included in a notice of
asbestos removal work

12 Details of training and experience of those

individual persons, if different to the information
notified previously.
13 If an independent person has determined that
airborne asbestos fibre levels are likely to be
less than one half of the asbestos exposure
standard, the name of that independent person.

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 14—Materials and their threshold quantities

Sch. 14
(Heading)
Schedule 14—Materials and their threshold
amended by
S.R. No.
quantities
176/2018
reg. 8(1).
Regulation 5
1 Relevant materials
The materials that characterise a workplace as a
facility for the purposes of these Regulations
are—
(a) the materials specifically referred to in
Table 1; and
(a) the materials that belong to the types and
categories described in Table 2.
2 Threshold quantity of one material
2.1 In relation to each material referred to in clause 1,
the threshold quantity column of each Table
provides a quantity (in tonnes) that is described
as the threshold quantity of that material.
2.2 If a material is referred to in Table 1, the
threshold quantity of the material is that
described in Table 1, whether or not the
material can also be characterised as being a
material described in Table 2.
2.3 If a material is not referred to in Table 1 but
the material can be characterised as a material
described in Table 2, the threshold quantity of
that material is that set out in Table 2 in the
same row as the relevant material.
2.4 If a material is not referred to in Table 1 but the
material can be characterised as more than one
material described in Table 2, the threshold
quantity of that material is that of the relevant
material which has the lower or lowest threshold
quantity.

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 14—Materials and their threshold quantities

3 Threshold quantity of more than one material

Sch. 14 cl. 3.1
3.1 If there is more than one material, a threshold amended by
quantity of materials exists where, if a number of S.R. No.
176/2018
materials are present, the result of the following reg. 8(2).
aggregation formula exceeds 1—
qx/Qx + qy/Qy + .... + qn/Qn
Where—
x, y, .… and n are the materials present or
likely to be present;
qx, qy, .... and qn is the quantity of materials x,
y, .… and n present or likely
to be present, other than—
(i) material that is present
or likely to be present
in an isolated quantity
less than 2% of its
individual threshold
quantity;
(ii) materials that are
solely the subject of
intermediate temporary
storage, while in transit
by road or rail;
Qx, Qy, .... and Qn is the individual threshold
quantity for each material x,
y, …. and n;
Material is present or likely to be present in an
isolated quantity if its location at the facility or the
prescribed mine is such that it cannot, on its own,
act as an initiator of a major incident.

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 14—Materials and their threshold quantities

Note to
Note
Sch. 14 cl. 3.1 If the result of the above aggregation formula is greater
amended by
S.R. No. than 0.1, the operator of a facility or a prescribed mine
176/2018 has a duty to notify the Authority in accordance with
reg. 8(3). regulations 360 and 423A.

Table 1
The CAS number or UN number listed against the named or described
material is given for information only and is not to be taken to affect the
name or description of the material to which the number refers or the
operation of these Regulations.
The named or described material also includes materials that fall outside
the CAS number or UN number, for example, because they are mixtures
of several materials. However, any materials that are covered by the listed
CAS numbers or UN numbers must be included in the quantity of the
material named or described.
Special provision has the same meaning as in the ADG Code
(see regulation 5).

Threshold
CAS number or quantity
Item Material UN number (tonnes)
1 ACETONE CAS No. 75-86-5 20
CYANOHYDRIN
(also known as
PROPANENITRILE,
2-HYDROXY-2-
METHYL)
2 ACETYLENE CAS No. 74-86-2 50
(also known as ETHYNE)
3 ACROLEIN (also known CAS No. 107-02-8 200
as 2-PROPENAL;
ACRYLALDEHYDE)
4 ACRYLONITRILE CAS No. 107-13-1 200
(also known as
2-PROPENENITRILE;
CYANOETHENE)

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Schedule 14—Materials and their threshold quantities

Threshold
CAS number or quantity
Item Material UN number (tonnes)
5 ALLYL ALCOHOL CAS No. 107-18-6 200
(also known as
2-PROPEN-1-OL)
6 ALLYLAMINE CAS No. 107-11-9 200
(also known as
2-PROPEN-1-AMINE)
7 AMMONIA (anhydrous, CAS No. 7664-41-7 200
liquefied)
8 AMMONIUM NITRATE UN No. 2071 10 000
BASED FERTILISERS
CAPABLE OF
SELF-SUSTAINING
DECOMPOSITION
that meet special
provisions 186 and 193
9 AMMONIUM NITRATE UN No. 2067 5000
BASED FERTILISERS
that meet special
provisions 186, 306
and 307
10 AMMONIUM UN No. 1942 2500
NITRATE: TECHNICAL
GRADE (including
ammonium nitrate
and preparations of
ammonium nitrate)
that meet special
provision 252, 306 or 309
11 AMMONIUM NITRATE -- 20
off-specification. That is,
materials and fertilisers
with a detonation hazard
that are too dangerous
to transport and are
not approved for transport
under any classification
(including ammonium
nitrate and preparations
of ammonium nitrate and
ammonium nitrate-based

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 14—Materials and their threshold quantities

Threshold
CAS number or quantity
Item Material UN number (tonnes)
fertilisers that no longer
meet the manufacturer's
specifications, due to
processing, degradation
or contamination)
12 ANTIMONY CAS No. 7647-18-9 500
PENTACHLORIDE,
liquid and solution
(also known as
ANTIMONY
CHLORIDE) [SbCl5]
13 ARSENIC PENTOXIDE, CAS No. 1303-28-2 10
Arsenic (V) Acid or
salts (also known as
ARSENIC OXIDE
[As2O5]; ARSENIC
ACID ANHYDRIDE;
DIARSENIC
PENTOXIDE)
14 ARSENIC TRIOXIDE, CAS No. 1327-53-3 01
Arsenious (III) Acid
and/or salts (also known
as ARSENIC OXIDE
[As2O3])
15 ARSINE (also known as CAS No. 7784-42-1 1
ARSENIC HYDRIDE;
HYDROGEN
ARSENIDE)
16 BROMINE or BROMINE CAS No. 7726-95-6 100
SOLUTIONS
17 CARBON DISULFIDE CAS No. 75-15-0 200
(also known as CARBON
BISULFIDE)
18 CHLORINE CAS No. 7782-50-5 25

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S.R. No. 22/2017
Schedule 14—Materials and their threshold quantities

Threshold
CAS number or quantity
Item Material UN number (tonnes)
19 ETHYLENE CAS No. 106-93-4 200
DIBROMIDE
(also known as
ETHANE, 1,2-
DIBROMO; 1,2-
DIBROMOETHANE)
20 ETHYLENEIMINE CAS No. 151-56-4 20
(also known as
AZIRIDINE)
21 ETHYL NITRATE CAS No. 625-58-1 50
(also known as NITRIC
ACID, ETHYL ESTER)
22 ETHYLENE OXIDE CAS No. 75-21-8 50
(also known as
OXIRANE)
23 FLUORINE CAS No. 7782-41-4 20
24 FLUOROSULFURIC CAS No. 7789-21-1 500
ACID (also known as
FLUOROSULPHONIC
ACID)
25 FORMALDEHYDE CAS No. 50-00-0 50
equal to or greater than
90% concentration
(Note: Formaldehyde
below 90% concentration
is captured in either
or both of Table 2
Flammable materials
and Table 2 Acutely
toxic materials. See also
clause 2)
26 HYDROFLUORIC CAS No. 7664-39-3 20
ACID SOLUTION
(also known as
HYDROGEN
FLUORIDE
SOLUTION) greater
than 20% concentration
27 HYDROGEN CAS No. 1333-74-0 50

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 Occupational Health and Safety Regulations 2017
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Schedule 14—Materials and their threshold quantities

Threshold
CAS number or quantity
Item Material UN number (tonnes)
28 HYDROGEN CAS No. 7647-01-0 200
CHLORIDE
(anhydrous or
liquefied gas)
29 HYDROGEN CAS No. 74-90-8 20
CYANIDE
(also known as
HYDROCYANIC
ACID)
30 HYDROGEN CAS No. 7664-39-3 20
FLUORIDE (anhydrous)
31 HYDROGEN SULFIDE CAS No. 7783-06-4 20
32 IODINE UN No. 1792 500
MONOCHLORIDE
(solid) (also known as
IODINE CHLORIDE)
33 LP GASES UN No. 1011 200
UN No. 1012 200
UN No. 1075 200
UN No. 1077 200
UN No. 1978 200
34 METHYL BROMIDE CAS No. 74-83-9 200
(also known as
METHANE, BROMO;
METHYLBROMIDE)
35 METHANE or CAS No. 74-82-8 200
NATURAL GAS,
including biogas
upgraded to the
equivalent quality
of natural gas

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 Occupational Health and Safety Regulations 2017
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Schedule 14—Materials and their threshold quantities

Threshold
CAS number or quantity
Item Material UN number (tonnes)
36 METHANOL CAS No. 67-56-1 5000
(also known as
METHYL ALCOHOL)
maintained at ambient
temperature and pressure
37 METHANOL CAS No. 67-56-1 200
(also known as
METHYL ALCOHOL)
maintained above boiling
point or equivalent
processing conditions
including high pressure
or high temperature
38 METHYLISOCYANATE CAS No. 624-83-9 0·15
(also known as
METHANE,
ISOCYANATO-)
39 OXYGEN (compressed CAS No. 7782-44-7 2000
or refrigerated liquid)
40 PETROLEUM AND - 25 000
RELATED VAPOUR
CLOUD FORMING
SUBSTANCES–
Gasoline, Naphtha,
Benzene, Crude Oils
(not of hazard category 1),
Reformate (light),
Natural Gas condensates
(that meet the criteria for
hazard category 2), Motor
Spirits, Toluene, Acetone,
Methyl Ethyl Ketone,
Methyl Tert-Butyl
Ether and n-Pentane)
maintained at ambient
temperature and pressure

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Schedule 14—Materials and their threshold quantities

Threshold
CAS number or quantity
Item Material UN number (tonnes)
41 PETROLEUM AND - 200
RELATED VAPOUR
CLOUD FORMING
SUBSTANCES–
Gasoline, Naphtha,
Benzene, Crude Oils
(not of hazard category 1),
Reformate (light),
Natural Gas condensates
(that meet the criteria
for hazard category 2),
Motor Spirits,
Toluene, Acetone,
Methyl Ethyl Ketone,
Methyl Tert-Butyl
Ether and n-Pentane)
maintained above
boiling point or
equivalent processing
conditions including
high pressure or high
temperature
42 PHENOL CAS No. 108-95-2 200
43 PHENOL, 2,4- CAS No. 120-83-2 200
DICHLORO (also known
as 2,4-
DICHLOROPHENOL)
44 PHOSGENE (also CAS No. 75-44-5 0·75
known as CARBONIC
DICHLORIDE)
45 PHOSPHINE CAS No. 7803-51-2 1

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Schedule 14—Materials and their threshold quantities

Threshold
CAS number or quantity
Item Material UN number (tonnes)
46 POLYCHLORO- - 0·1
DIBENZOFURANS
AND
POLYCHLORODIBENZ
O-DIOXINS
(including 2,3,7,8-
Tetrachlorodibenzo-p-
dioxin (TCDD)).
Calculated in TCDD
equivalents and where
concentrations are greater
than 0·1% by volume
47 POTASSIUM NITRATE - 10 000
BASED FERTILISERS
(prilled/granular) with
the same properties as
potassium nitrate
48 POTASSIUM NITRATE - 5000
BASED FERTILISERS
(in crystalline form) with
the same properties as
potassium nitrate
49 PROPYLENEIMINE CAS No. 75-55-8 20
(also known as
AZIRIDINE,
2-METHYL)
50 PROPYLENE OXIDE CAS No. 75-56-9 50
(also known as
OXIRANE, METHYL)
51 PYROSULPHURYL UN No. 1817 500
CHLORIDE (also
known as SULPHURYL
CHLORIDE)
52 SODIUM CHLORATE CAS No. 7775-09-9 200
(also known as
CHLORIC ACID,
SODIUM SALT) (solid)

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Schedule 14—Materials and their threshold quantities

Threshold
CAS number or quantity
Item Material UN number (tonnes)
53 STANNIC CHLORIDE CAS No. 7646-78-8 500
(also known as
STANNANE,
TETRACHLORO-)
(anhydrous)
54 SULFUR DICHLORIDE CAS No. 10545-99-0 1
(also known as SULFUR
CHLORIDE)
55 SULFUR DIOXIDE CAS No. 7446-09-5 200
(liquefied or gas)
56 SULFUR TRIOXIDE CAS No. 7446-11-9 75
(also known as
SULFURIC
ANHYDRIDE)
57 SULFURIC ACID UN No. 1831 500
(fuming)
58 TITANIUM CAS No. 7550-45-0 500
TETRACHLORIDE
(also known as
TITANIUM
CHLORIDE [TiCl4])
59 TOLUENE – 2,4 CAS No. 584-84-9 200
DIISOCYANATE
(also known as
BENZENE, 2,4-
DIISOCYANATO-1-
METHYL)
60 TOLUENE - 2,6 – CAS No. 91-08-7 200
DIISOCYANATE
(also known as
BENZENE, 1,3-
DIISOCYANATO-2-
METHYL)
61 VANADIUM UN No. 2443 500
OXYTRICHLORIDE
(also known as
VANADIUM,
TRICHLOROXO-)

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Schedule 14—Materials and their threshold quantities

Table 2 Sch. 14 cl. 3

If explosives of different Divisions are present in the same area or storage, (Table 2)
amended by
then all of the explosives must be classified in accordance with the following S.R. No.
table, except if Unstable explosives (that is, explosives determined under 141/2020
2.1.3.3 of the ADG Code to be not acceptable for Class 1 and explosives of reg. 11.
Classification Code 1.1A) are involved.
If Unstable explosives are present in the same area or storage as other
explosives, then all of the explosives must be classified as Unstable
explosives.

Division 1.1 1.2 1.3 1.4 1.5 1.6

1.1 1.1 1.1 1.1 1.1 1.1 1.1
1.2 1.1 1.2 1.1 1.2 1.1 1.2
1.3 1.1 1.1 1.3 1.3 1.1 1.3
1.4 1.1 1.2 1.3 1.4 1.5 1.6
1.5 1.1 1.1 1.1 1.5 1.5 1.5
1.6 1.1 1.2 1.3 1.6 1.5 1.6

Threshold
Type quantity
Item of material Material description (tonnes)
Explosive
materials
(see note 1)
1 Unstable explosives determined 1
under 2.1.3.3 of the ADG Code
to be not acceptable for Class 1
and explosives of Classification
Code 1.1A
2 All other Explosives of 5
Division 1.1 (other than
if prepared or mixed immediately
before use in a borehole)
3 Explosives of Division 1.2 10
(other than explosives of
Classification Code 1.2G)

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Schedule 14—Materials and their threshold quantities

Threshold
Type quantity
Item of material Material description (tonnes)
4 Explosives of Classification 50
Code 1.2G
5 Explosives of Division 1.3 200
6 Explosives nominally of 5
Divisions 1.2 to 1.6 but
which, due to factors including
confinement or compromised
packaging, have an increased
likelihood of a mass explosion
hazard that affects all or most
of an entire load virtually
instantaneously
Compressed
and liquefied
gases (see
note 2)
7 Flammable gases, hazard 200
category 1A, 1B or 2
8 Aerosols hazard category 1 500
(extremely flammable) or
category 2 (flammable),
containing flammable gases
hazard category 1A, 1B or 2 or
flammable liquids hazard
category 1
9 Aerosols hazard category 1 50 000
(extremely flammable) or
category 2 (flammable), not
containing flammable gases
hazard category 1A, 1B or 2 nor
flammable liquids hazard
category 1
10 Oxidising gases, hazard 200
category 1

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Schedule 14—Materials and their threshold quantities

Threshold
Type quantity
Item of material Material description (tonnes)
Flammable
materials
(see note 2)
11 Flammable liquids, hazard 200
category 1
12 Flammable liquids hazard 200
category 2 or 3 maintained
above boiling point or if
processing conditions
(including high pressure or
high temperature) may create
a vapour cloud explosion
hazard
13 Flammable liquids, hazard 50 000
categories 2 or 3 that, once
ignited, sustain combustion
14 Pyrophoric solids and liquids, 200
and self-heating substances and
mixtures of hazard category 1
15 Substances and mixtures 200
which, in contact with water,
emit flammable gases, hazard
category 1 or 2
16 Flammable liquids, hazard 500
category 2 or 3 that react
violently with water
17 Liquids with flashpoints <60°C 200
kept above their boiling points at
ambient conditions
Oxidising
materials
(see note 2)
18 Oxidising gases, hazard 200
category 1, or oxidising liquids
or solids hazard category 1 or 2

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Schedule 14—Materials and their threshold quantities

Threshold
Type quantity
Item of material Material description (tonnes)
Self-reactive
substances
and mixtures
and organic
peroxides
(see note 2)
19 Self-reactive substances and 50
mixtures, Type A or B or organic
peroxides, Type A or B
20 Self-reactive substances 200
and mixtures, Type C, D, E
or F or organic peroxides,
Type C, D, E or F
Acutely toxic
materials
(see note 2)
21 H1—Acute toxic substances 20
and mixtures, hazard category 1,
of any exposure route
22 H2—Acute toxic substances 200
and mixtures, hazard category 2,
of any exposure route and
hazard category 3, inhalation
only except, in the case of a mine,
sodium cyanide solutions <0.1%
by volume
Other materials
(see note 2)
23 O3—Substances or mixtures 200
that, when in contact with
water or damp air, liberate
toxic gas (where the toxic gas
is classified as an Acute toxic
gas of categories 1, 2 or 3) in
potentially dangerous amounts
24 Substances or mixtures 500
that are skin corrosives of
subcategories 1A & 1B that
react violently with water

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Schedule 14—Materials and their threshold quantities

Notes
1 The threshold quantities specified in Table 2 for explosive
materials relate to the weight of explosive exclusive of packing,
casings and non-explosive components. This weight of explosive
is then multiplied by the relevant factor so that the final threshold
quantity (in tonnes) has the equivalent effect of the weight of TNT.
The descriptions of explosive materials are as set out in the ADG
Code.
2 These descriptions are as set out in the GHS.

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 Occupational Health and Safety Regulations 2017
S.R. No. 22/2017
Schedule 15—Additional matters to be included in major hazard facility
safety management system

Schedule 15—Additional matters to

be included in major hazard facility
safety management system
Regulation 372
1 Safety policy and safety objectives
1.1 The operator's safety policy, including—
(a) the operator's broad aims in relation to the
safe operation of the major hazard facility;
and
(b) an express commitment to ongoing
improvement of all aspects of the safety
management system.
1.2 The operator's specific safety objectives, including
a description of the systems and procedures by
which those objectives are to be achieved.
1.3 A description of the means by which the
operator's safety policy and specific safety
objectives are to be communicated to all persons
who are to participate in the implementation of the
safety management system.
2 Organisation and personnel
2.1 The identification (according to position
description and location) of the persons who are
to participate in the implementation of the safety
management system, and a description of the
command structure in which these persons work
and of the specific tasks and responsibilities
allocated to them.
2.2 The means of ensuring that these persons have the
knowledge and skills necessary to enable them to
undertake their allocated tasks and discharge their
allocated responsibilities, and that they keep such
knowledge and skills.

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Schedule 15—Additional matters to be included in major hazard facility
safety management system

3 Operational controls
3.1 The procedures and instructions for—
(a) the safe operation of plant (including as to
inspection and maintenance); and
(b) the mechanical integrity of plant; and
(c) plant processes; and
(d) the control of abnormal operations and
emergency shut down or decommissioning.
3.2 Provision of adequate means of achieving
isolation of the major hazard facility or any part
of the major hazard facility in the event of an
emergency.
3.3 Provision of adequate means of gaining access
for servicing and maintenance of the major hazard
facility or any part of the major hazard facility.
3.4 A description of the roles of persons and of the
interfaces between persons and plant.
3.5 Provision for alarm systems.
4 Duties of operators
4.1 In relation to each part of the documented
safety management system that describes the
means of compliance with Division 6 of Part 5.2
(Major hazard facilities), an annotation or
cross-reference identifying the specific
provision of that Division being complied with.
4.2 A description of the means by which the
operator proposes to comply with Divisions 6
and 9 of Part 5.2 (Major hazard facilities).
5 Management of change
The procedures for planning modifications to
major hazard facilities.

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Schedule 15—Additional matters to be included in major hazard facility
safety management system

6 Principles and standards

6.1 The principles, especially the design principles
and engineering standards, being used to ensure
the safe operation of the major hazard facility.
6.2 A description of any technical standards, whether
published or proprietary, being relied on in
relation to those principles and standards.
7 Performance monitoring
7.1 Performance standards for measuring the
effectiveness of the safety management system,
which—
(a) relate to all aspects of the safety management
system; and
(b) are sufficiently detailed to ensure that
the ability of the operator to ensure the
effectiveness of all aspects of the safety
management system is apparent from the
documentation; and
(c) include steps to be taken to continually
improve all aspects of the safety
management system.
7.2 A description of the way in which these
performance standards are to be met.
7.3 Performance indicators for the effectiveness
of risk control measures adopted, including the
following—
(a) tests of the effectiveness of the risk control
measures;
(b) indicators of the failure of any risk control
measure;

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safety management system

(c) actions to be taken in reporting any such

failure;
(d) other corrective actions to be taken in the
event of any such failure.
8 Audit
Provision for the auditing of performance against
the performance standards, including the methods,
frequency and results of the audit process.

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Schedule 16—Matters to be included in major hazard facility emergency plan

Schedule 16—Matters to be included in

major hazard facility emergency plan
Regulation 375
1 Site and hazard detail
1.1 The name, location, postal address and nature of
the operations of the major hazard facility.
1.2 A detailed map of—
(a) the site of the major hazard facility; and
(b) the area surrounding the site showing
details of residents, the built and natural
environment, closely located major hazard
facilities and all other neighbours whose
health or safety could be adversely affected
by a major incident.
The map must also identify all potentially
hazardous inventories in the area that are known
to the operator and the location of all staging
points for emergency services.
1.3 Inventory of Schedule 14 materials present or
likely to be present at the major hazard facility.
1.4 Minimum and maximum number of employees
expected to be on-site at any one time and their
likely or normal location within the major hazard
facility.
1.5 Infrastructure likely to be affected by a major
incident, including any utilities, road, rail, airport
or shipping infrastructure.
1.6 Emergency planning assumptions for each
identified major incident, including—
(a) planned emergency measures; and
(b) the area likely to be affected; and
(c) the likely duration of events; and

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Schedule 16—Matters to be included in major hazard facility emergency plan

(d) protection of the local community; and

(e) protection of nearby facilities; and
(f) protection of the built and natural
environment; and
(g) protection of any emergency services
personnel that may attend the major incident.
1.7 For each major incident hazard and major
incident, a description of the measures taken and
to be taken to control or limit the consequences
of a major incident, including a description of all
protective resources available and all emergency
response procedures.
2 Command structure and site personnel
2.1 The operator's command philosophy and structure
to be activated in case of an emergency, including
relevant positions within the organisational
structure, the duties attached to them and the
names of the persons assigned to them.
2.2 The name, title and telephone number and email
address (if any) of the contact person with whom
details of the content of the plan can be clarified.
2.3 The position, location and means of contacting
the persons at the facility who are responsible
for liaising with emergency services and who
have knowledge of the major incident hazards,
their likely consequences and the content of the
emergency plan and, in the case of nominated
persons who are not on-site, a list of 24 hour
emergency contact names and telephone numbers.
2.4 The allocation of personnel and the
responsibilities of those personnel for
implementing the plan including establishing
communication with emergency services and
co-ordinating the operator's employees and
resources with those of the emergency services.

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Schedule 16—Matters to be included in major hazard facility emergency plan

2.5 Arrangements for providing assistance to

emergency services with off-site mitigatory
action, and nearby facilities which might require
mutual aid in the event of a major incident.
3 Notices
3.1 Procedures in place for providing early warning
of a major incident to emergency services, the
type of information to be initially provided, and
for providing more detailed information as it
becomes available.
3.2 On-site and off-site warning systems.
3.3 Contact details for emergency services and
other support services that can assist in procuring
resources, implementing evacuation plans and
securing the major hazard facility in the event of
a major incident.
3.4 Communication systems on-site.
4 Resources
4.1 Emergency resources on-site, for example,
personnel, emergency equipment, gas detectors
and wind velocity detectors.
4.2 Arrangements for obtaining additional external
resources to assist the control and mitigation of
major incident hazards and major incidents.
5 Procedures
5.1 Procedures for the safe evacuation of, and
accounting for, all persons on site.
5.2 Control points and procedures for utilities,
including gas, water and electricity.

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Schedule 16—Matters to be included in major hazard facility emergency plan

5.3 Containment procedures for any incident,

whether or not a major incident, involving
Schedule 14 materials.
5.4 Resources and procedures necessary for
decontamination following a major incident.

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 Occupational Health and Safety Regulations 2017
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Schedule 17—Additional matters to be included in major hazard facility
safety case

Sch. 17
amended by
Schedule 17—Additional matters
S.R. No.
112/2021
to be included in major hazard
reg. 14. facility safety case
Regulation 385
A Facility description
1 The facility
1.1 A description of the main activities and products
of the major hazard facility, particularly those
activities associated with Schedule 14 materials.
1.2 A description of the Schedule 14 materials and
any dangerous goods present or likely to be
present at the facility, including the following—
(a) identification of materials or goods by name
and by any other means necessary for a clear
identification;
(b) the quantity or range of quantities of
materials or goods present or likely to be
present at the major hazard facility;
(c) the physical, chemical and toxicological
characteristics, and any other hazardous
characteristics, both immediate and delayed,
of the materials or goods;
(d) the physical and chemical behaviour
under normal conditions of use or under
foreseeable abnormal conditions of the
materials or goods.
1.3 A description of the chemical and physical
processes associated with any Schedule 14
materials, including—
(a) the main units of process equipment used in
those processes; and
(b) a process flow drawing, or set of flow
drawings, describing the processes.

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Schedule 17—Additional matters to be included in major hazard facility
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1.4 A drawing of the major hazard facility's general

layout, containing the location of the following—
(a) the main process units;
(b) the main storage areas;
(c) major incident hazards and major incident
initiators.
1.5 In relation to proposed changes at the major
hazard facility, for which no new risk control
measures are adopted—
(a) a description of any proposed changes to the
major hazard facility that would—
(i) alter the production capacity or profile
of the major hazard facility; or
(ii) involve the deletion, addition or
modification of any processes; and
(b) a statement as to how existing risk control
measures and safety management systems
are capable of maintaining the safe operation
of the major hazard facility.
2 The surrounding area
2.1 A plan to scale of the facility and its surrounding
area showing the following—
(a) the location of the facility within the
surrounding area;
(b) topographical information;
(c) surrounding land uses;
(d) the location of any identified external threats
(including other major hazard facilities or
other facilities that could affect the safety of
the major hazard facility).

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2.2 Demographic information for the local

community, including surrounding land uses
permitted by the local planning authority.
2.3 Meteorological and seismic data relevant to the
estimation of the effects of any major incident.
2.4 For a facility located in Victorian coastal waters
or any sea within the limits of Victoria, a nautical
chart of the area surrounding the facility.
B Safety information
3 Major incidents and major incident hazards
A summary of the documentation prepared under
regulation 368 including a complete list of major
incidents and major incident hazards that could
occur at the major hazard facility.
4 Safety assessment
A summary of the documentation prepared under
regulation 369.
5 Risk control measures to limit the consequences of
major incidents
5.1 A detailed description of the following—
(a) the instrumentation and other equipment
installed in the facility and the procedures
in place that constitute the risk control
measures for preventing or limiting the
consequences of major incidents;
(b) the critical operating parameters for those
risk control measures;
(c) key personnel and resources (internal and
external) available to intervene in the event
of any failure of a control measure, whether
or not that failure results in a major incident;

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(d) the emergency plan, including specific

information about how these plans can be
expected to limit the consequences of a
major incident;
(e) the means of ensuring that there is at all
times in place a command structure for the
major hazard facility that applies in the event
of an emergency, and that this command
structure has been communicated throughout
the major hazard facility.
5.2 In clause 5.1—
critical operating parameters means the upper or
lower performance limits of any equipment,
process or procedure, compliance with which
is necessary to avoid a major incident;
failure of a control measure means—
(a) if the risk control measure is a positive
action or event, the non-occurrence or
the defective occurrence of that action
or event; or
(b) if the risk control measure consists of
a limitation on an operational activity,
process or procedure, the breach of that
limitation.
6 Performance monitoring
A detailed description of the performance
standards and performance indicators required
by clause 7 of Schedule 15 to be included in
the documented safety management system.
7 Safety management system
7.1 A summary of the content of the safety
management system.

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7.2 At all points in the safety case where the matter

addressed is covered by the safety management
system, a clear reference to the relevant part of
the documented safety management system.
7.3 A description of those parts of the documented
safety management system that address the
maintenance of the safety management system
(that is, its ongoing effective implementation and
its ongoing improvement).
8 Unauthorised persons and control of access
A detailed description of how the operator ensures
security of the facility specifically relating to the
precautions taken to control unauthorised entry of
persons and the means of controlling authorised
entry of persons to the facility.
9 Safety and reliability of plant
A description of the steps taken to ensure that
safety and reliability are incorporated into the
design and construction of all aspects of the
major hazard facility itself, whether the operator
is directly engaged in the design and construction
or has engaged another person to carry out the
design and construction.
10 Major incident history
A summary of—
(a) the major incidents that have occurred at
the major hazard facility over the previous
5 years; and
(b) the incidents (other than those under
paragraph (a)) the operator has been
required to notify the Authority of under
Part 5 of the Act over the previous 5 years.

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Schedule 18—Information to be included in a notice under regulations 360
and 423A or an application for registration under regulation 514

Schedule 18—Information to be included Sch. 18

(Heading)
in a notice under regulations 360 and 423A amended by
S.R. No.
or an application for registration 176/2018
reg. 9(1).
under regulation 514 Sch. 18
amended by
Regulations 360, 423A and 514 S.R. Nos
176/2018
1 In relation to the facility (or the proposed reg. 9(2)–(4),
facility) or prescribed mine the following 112/2021
reg. 15.
must be included—
(a) if the operator is a body corporate, the full
corporate name, trading name, Australian
Company Number, nature of business,
registered address, principal place of
business and any contact details required
by the Authority;
(b) if the operator is a natural person, the
person's full name, the nature of the
person's business, residential address,
business address and contact details;
(c) the location (or proposed location) of the
facility or prescribed mine;
(d) a brief description of the nature of the
facility (or proposed facility) or prescribed
mine, including general site activities and
production and auxiliary processes involving
Schedule 14 materials;
(e) the number of employees present or expected
to be present at the facility or prescribed
mine;
(f) a description of land use and activities
of occupancy in the area surrounding the
facility (or proposed facility) or prescribed
mine;

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Schedule 18—Information to be included in a notice under regulations 360
and 423A or an application for registration under regulation 514

(g) in the case of a facility (or proposed facility)

located in Victorian coastal waters or any sea
within the limits of Victoria, a nautical chart
of the area surrounding the facility
(or proposed facility).
2 In relation to the Schedule 14 materials and other
materials at, or likely to be at, the facility or
prescribed mine the following must be included—
(a) the quantity of each Schedule 14 material
present, or likely to be present, at the facility
or prescribed mine;
(b) in relation to each material, the name of
the Schedule 14 material and any other
information as is necessary to clearly
identify it;
(c) details of the information and method used
by the person giving the notice to determine
the percentage of the threshold quantity of
the materials present, or likely to be present,
at the facility or prescribed mine;
(d) the names and quantities of any dangerous
goods, which are not Schedule 14 materials
but which are present, or likely to be present,
at the facility or prescribed mine in quantities
that could increase the likelihood of a major
incident occurring or the severity of the
consequences to health and safety in the
event of a major incident occurring.

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Schedule 19—Entry permit statement

Schedule 19—Entry permit statement

Regulation 536
While this entry permit is in force, Part 8 of the
Occupational Health and Safety Act 2004
entitles the person named in the permit to enter
a workplace during working hours to enquire
into a suspected contravention of that Act or any
regulations made under it. On entry, the person
named in this permit may exercise all of the
powers given to an authorised representative by
Part 8 of the Occupational Health and Safety
Act 2004, including powers to inspect any thing
at the workplace, to observe work and to consult
with certain employees and the employer.
The entry permit remains in force for 3 years
from the date of this entry permit unless,
before the end of that period, it is revoked, or
the person named in the entry permit ceases
to be a permanent employee or officer of the
registered employee organisation named in the
entry permit, or the organisation ceases to be a
registered employee organisation, whichever
occurs first.
An entry permit which expires or is revoked must
be returned to a registrar or deputy registrar of the
Magistrates' Court within 14 days.
Offences relating to authorised representatives
Under the Occupational Health and Safety
Act 2004, it is an offence for the person named
on this permit to—
(a) intentionally and unreasonably hinder or
obstruct any employer or employee; or
(b) intentionally intimidate or threaten any
employer or employee; or

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Schedule 19—Entry permit statement

(c) intentionally use or disclose, for a purpose

not reasonably connected with the exercise
of a power under Part 8 of the Occupational
Health and Safety Act 2004, information
that was acquired from any employer or
employee; or
(d) intentionally exercise or purport to exercise
a power under Part 8 of the Occupational
Health and Safety Act 2004 other than for
the purpose of enquiring into a suspected
contravention of that Act or the regulations.
It is also an offence to refuse the person
named on this permit entry to a workplace, or
to intentionally hinder, obstruct, intimidate or
threaten that person in the exercise of the person's
powers under Part 8 of the Occupational Health
and Safety Act 2004, or to induce or attempt to
induce any other person to do so.

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 Occupational Health and Safety Regulations 2017
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Schedule 20—Infringement offences and infringement penalties

Schedule 20—Infringement offences Sch. 20

inserted by
and infringement penalties S.R. No.
88/2021 reg. 6,
Regulation 553P amended by
S.R. No.
137/2021
Column 1 Column 2 Column 3 Column 4 reg. 14.
Infringement Infringement
penalty—natural penalty—body
Item No Infringement offence person corporate
1AA An offence against 2 penalty units 10 penalty units
section 22 of the Act
constituted by a
contravention of
regulation 319ZD(1)
1 An offence against 2 penalty units 10 penalty units
section 40(2) of the
Act
2 An offence against 2 penalty units 10 penalty units
section 40(3) of the
Act
3 An offence against 2 penalty units 10 penalty units
section 40(4) of the
Act
4 An offence against 2 penalty units 10 penalty units
section 41 of the Act
5 An offence against 1·2 penalty units 6 penalty units
section 69(1) of the
Act as constituted by
a contravention of
section 69(1)(a)
6 An offence against 2 penalty units 10 penalty units
regulation 33(1)
7 An offence against 1·2 penalty units 6 penalty units
regulation 39
8 An offence against 1·2 penalty units 6 penalty units
regulation 40(1)
9 An offence against 2 penalty units 10 penalty units
regulation 61
10 An offence against 1·2 penalty units 6 penalty units
regulation 64

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Schedule 20—Infringement offences and infringement penalties

11 An offence against 1·2 penalty units 6 penalty units

regulation 68
12 An offence against 1·2 penalty units 6 penalty units
regulation 94(1)
13 An offence against 1·2 penalty units 6 penalty units
regulation 106
14 An offence against 2 penalty units 10 penalty units
regulation 110
15 An offence against 2 penalty units 10 penalty units
regulation 129
16 An offence against 2 penalty units 10 penalty units
regulation 162(1)
17 An offence against 1·2 penalty units 6 penalty units
regulation 168(1)
18 An offence against 1·2 penalty units 6 penalty units
regulation 171
19 An offence against 1·2 penalty units 6 penalty units
regulation 175(1)
20 An offence against 1·2 penalty units 6 penalty units
regulation 175(3)
21 An offence against 2 penalty units 10 penalty units
regulation 220(1)
22 An offence against 2 penalty units 10 penalty units
regulation 246
23 An offence against 1·2 penalty units 6 penalty units
regulation 252(2)
24 An offence against 1·2 penalty units 6 penalty units
regulation 263(1)
25 An offence against 1·2 penalty units 6 penalty units
regulation 263(2)
26 An offence against 2 penalty units 10 penalty units
regulation 266(2)
27 An offence against 2 penalty units 10 penalty units
regulation 278(2)
28 An offence against 2 penalty units 10 penalty units
regulation 278(3)

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Schedule 20—Infringement offences and infringement penalties

29 An offence against 1·2 penalty units 6 penalty units

regulation 283(1)
30 An offence against 1·2 penalty units 6 penalty units
regulation 283(2)
31 An offence against 2 penalty units 10 penalty units
regulation 297(1)
32 An offence against 1·2 penalty units 6 penalty units
regulation 298(1)
33 An offence against 1·2 penalty units 6 penalty units
regulation 298(3)
34 An offence against 1·2 penalty units 6 penalty units
regulation 313(1)
35 An offence against 1·2 penalty units 6 penalty units
regulation 313(2)
36 An offence against 2 penalty units 10 penalty units
regulation 314(1)
37 An offence against 2 penalty units 10 penalty units
regulation 314(2)
37A An offence against 2 penalty units 10 penalty units
regulation 319K(1)
37B An offence against 2 penalty units 10 penalty units
regulation 319K(2)
37C An offence against 1·2 penalty units 6 penalty units
regulation 319N
37D An offence against 2 penalty units 10 penalty units
regulation 319ZA(1)
37E An offence against 1·2 penalty units 6 penalty units
regulation 319ZA(2)
37F An offence against 2 penalty units 10 penalty units
regulation 319ZA(3)
37G An offence against 1·2 penalty units 6 penalty units
regulation 319ZE(1)
38 An offence against 1·2 penalty units 6 penalty units
regulation 329
39 An offence against 2 penalty units 10 penalty units
regulation 334(1)

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Schedule 20—Infringement offences and infringement penalties

40 An offence against 1·2 penalty units 6 penalty units

regulation 337(1)
41 An offence against 0·1 penalty units
regulation 352
42 An offence against 1·2 penalty units 6 penalty units
regulation 355(1)
43 An offence against 2 penalty units 10 penalty units
regulation 370
44 An offence against 2 penalty units 10 penalty units
regulation 373
45 An offence against 1·2 penalty units 6 penalty units
regulation 412(2)
46 An offence against 1·2 penalty units 6 penalty units
regulation 412(3)
47 An offence against 2 penalty units 10 penalty units
regulation 419
48 An offence against 2 penalty units 10 penalty units
regulation 422
49 An offence against 2 penalty units 10 penalty units
regulation 433(4)
50 An offence against 2 penalty units 10 penalty units
regulation 438
51 An offence against 2 penalty units 10 penalty units
regulation 474
52 An offence against 0·1 penalty units
regulation 476(1)
53 An offence against 0·1 penalty units 0·5 penalty units
regulation 476(2)
54 An offence against 2 penalty units 10 penalty units
regulation 544(3)

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Endnotes

Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
The Occupational Health and Safety Regulations 2017, S.R. No. 22/2017
were made on 26 April 2017 by the Governor in Council under section 158 of
the Occupational Health and Safety Act 2004, No. 107/2004 and section 52
of the Dangerous Goods Act 1985, No. 10189/1985 and come into operation
as follows:
Regulations 1–376(b), 377–583, Schedules 1, 2, 3 (clauses 1–18, 20–29),
4–15, 16 (clauses 1–1.6(f), 1.7–5.4), 17 (clauses 1–10(a)), 18, 19 on 18 June
2017: regulation 3(1); regulation 376(c), clause 19 of Schedule 3,
clause 1.6(g) of Schedule 16 and clause 10(b) of Schedule 17 on 18 June
2018: regulation 3(2).
The Occupational Health and Safety Regulations 2017 will sunset 10 years
after the day of making on 26 April 2027 (see section 5 of the Subordinate
Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes
Section 54A of the ILA authorises the making of the style changes set out in
Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which
provides that where an undivided regulation, rule or clause of a Schedule is
amended by the insertion of one or more subregulations, subrules or
subclauses the original regulation, rule or clause becomes subregulation,
subrule or subclause (1) and is amended by the insertion of the
expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the
following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a
Statutory Rule which was made before 1 January 2001, by a Statutory Rule
made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule;
Orders; Parts into which an Order is divided; clauses; regulations; rules;

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Endnotes

items; tables; columns; examples; diagrams; notes or forms.

See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made
on or after 1 January 2001 form part of that Statutory Rule. Any examples,
diagrams or notes inserted in a Statutory Rule which was made before
1 January 2001, by a Statutory Rule made on or after 1 January 2001, form
part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted
in a Statutory Rule which was made before 1 January 2001, by a Statutory
Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that
Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule
numbers, subregulation numbers, subrule numbers, paragraphs and
subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October
2004, a legislative item relating to a provision of a Statutory Rule is taken to
be at the foot of that provision even if it is preceded or followed by another
legislative item that relates to that provision. For example, if a penalty at the
foot of a provision is followed by a note, both of these legislative items will
be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and
other material printed after the Endnotes does not form part of a Statutory
Rule. See section 36(3)(3D)(3E).

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Endnotes

2 Table of Amendments
This publication incorporates amendments made to the Occupational Health
and Safety Regulations 2017 by statutory rules, subordinate instruments and
Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Occupational Health and Safety Amendment Regulations 2018, S.R. No. 71/2018
Date of Making: 5.6.18
Date of Commencement: 5.6.18
Occupational Health and Safety Amendment (Mines) Regulations 2018,
S.R. No. 176/2018
Date of Making: 23.10.18
Date of Commencement: 23.10.18
Occupational Health and Safety Amendment (Crystalline Silica) Regulations 2019,
S.R. No. 71/2019
Date of Making: 20.8.19
Date of Commencement: 20.8.19
Occupational Health and Safety Amendment (Crystalline Silica) Interim
Regulations 2020, S.R. No. 84/2020
Date of Making: 18.8.20
Date of Commencement: 18.8.20
Occupational Health and Safety Amendment (Workplace Incidents Consultative
Committee) Regulations 2020, S.R. No. 106/2020
Date of Making: 29.9.20
Date of Commencement: 29.9.20
Occupational Health and Safety Amendment Regulations 2020, S.R. No. 141/2020
Date of Making: 15.12.20
Date of Commencement: 1.1.21: reg. 3
Occupational Health and Safety Amendment (Crystalline Silica) Interim
Regulations 2021, S.R. No. 8/2021
Date of Making: 16.2.21
Date of Commencement: 16.2.21
Occupational Health and Safety Amendment (Infringements and Miscellaneous
Matters) Regulations 2021, S.R. No. 88/2021
Date of Making: 20.7.21
Date of Commencement: 31.7.21: reg. 3
Occupational Health and Safety Amendment (Major Hazard Facilities)
Regulations 2021, S.R. No. 112/2021
Date of Making: 31.8.21
Date of Commencement: 1.9.21: reg. 3
Occupational Health and Safety Amendment (Crystalline Silica) Regulations 2021,
S.R. No. 137/2021
Date of Making: 9.11.21
Date of Commencement: 15.11.21: reg. 3

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Endnotes

Occupational Health and Safety Amendment (COVID-19 Vaccination Information)

Regulations 2022, S.R. No. 53/2022
Date of Making: 5.7.22
Date of Commencement: 12.7.22: reg. 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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Endnotes

3 Explanatory details
1
Reg. 41: S.R. No. 68/2006. Reprint No. 4 as at 3 October 2016. Reprinted to
S.R. No. 114/2016. Extended in operation by S.R. No. 4/2016.
——
Fee Units
These Regulations provide for fees by reference to fee units within the
meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that
Act, by multiplying the number of fee units applicable by the value of a fee
unit.
The value of a fee unit for the financial year commencing 1 July 2022 is
$15.29. The amount of the calculated fee may be rounded to the nearest
10 cents.
The value of a fee unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
fee unit for a financial year must be published in the Government Gazette and
a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units
These Regulations provide for penalties by reference to penalty units within
the meaning of section 110 of the Sentencing Act 1991. The amount of the
penalty is to be calculated, in accordance with section 7 of the Monetary
Units Act 2004, by multiplying the number of penalty units applicable by the
value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2022 is
$184.92. The amount of the calculated penalty may be rounded to the nearest
dollar.
The value of a penalty unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
penalty unit for a financial year must be published in the Government Gazette
and a Victorian newspaper before 1 June in the preceding financial year.
——

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Endnotes

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in
S.R. No. 22/2017 in accordance with the requirements of regulation 5 of the
Subordinate Legislation Regulations 2014.
Statutory rule Title of applied, adopted or Matter in
provision incorporated document applied,
adopted or
incorporated
document
Regulation 5, The Australian Code for the The whole
definitions of Transport of Dangerous
ADG Code, Class, Goods by Road and Rail,
Classification Code, edition 7.5, published by
Division, special the National Transport
provision and Commission in November
UN Number and 2016
Schedule 14
Regulation 5, AMBSC Code Part 1,
definition of AMBSC Issue 8—2012, Copper
Code, clause 1.1(b) boilers, published by the
of Schedule 2, Australian Miniature Boiler
and clause 7 of Safety Committee in 2012
Schedule 4. AMBSC Code Part 2,
Issue 5—2012, Steel boilers,
published by the Australian
Miniature Boiler Safety
Committee in 2012
AMBSC Code Part 3,
Issue 1—2006, Sub-Miniature
boilers, published by the
Australian Miniature Boiler
Safety Committee in 2006
AMBSC Code Part 4,
Issue 1—2010, Duplex steel
boilers, published by the
Australian Miniature Boiler
Safety Committee in 2010

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Endnotes

Statutory rule Title of applied, adopted or Matter in

provision incorporated document applied,
adopted or
incorporated
document
Regulation 5, AS 2030.1-2009, Gas The whole
definitions of cylinders, Part 1: General
AS 2030—Gas requirements, published by
Cylinders and gas Standards Australia in 2009
cylinder and AS 2030.2-1996, The
regulation 106(f)(i) verification, filling,
inspection, testing and
maintenance of cylinders for
the storage and transport of
compressed gases, Part 2:
Cylinders for dissolved
acetylene, published by
Standards Australia in 1996,
reissued in 2000 incorporating
Amendment Nos 1 and 2
AS 2030.4-1985, The
verification, filling,
inspection, testing and
maintenance of cylinders for
the storage and transport of
compressed gases, Part 4:
Welded cylinders—Insulated,
published by Standards
Australia in 1985, reissued in
May 1999 incorporating
Amendment No. 1
AS 2030.5-2009, Gas
cylinders, Part 5: Filling,
inspection and testing of
refillable cylinders, published
by Standards Australia in
2009, incorporating
Amendment No. 1 of 2015
Regulation 5, AS 2593-2004—Boilers— Sections 1, 2
definition of AS 2593 Safety management and and 3
and clauses 5 and 6 supervision systems,
of Schedule 4 published by Standards
Australia in 2014

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Endnotes

Statutory rule Title of applied, adopted or Matter in

provision incorporated document applied,
adopted or
incorporated
document
Regulation 5, AS/NZS 1200, Pressure Appendix E
definitions of boiler, equipment, as published by
pressure piping and Standards Australia and
pressure vessel Standards New Zealand on
3 December 2015
Regulation 5, AS 4343-2014, Pressure Section 2
definitions of boiler, equipment—Hazard levels,
pressure piping and published by Standards
pressure vessel, Australia in 2014
regulation 106(c)
and (f) and
clause 1.1(c) of
Schedule 2
Regulation 5, Foundations for Safety The whole
definition of Construction Industry
Construction Induction Training
Industry Basic Agreement, with a
Induction training commencement date of
course 1 February 2001
Regulation 5, Workplace Exposure The whole
definition of Standards for Airborne
exposure standard Contaminants, published by
SafeWork Australia on its
Internet site
Regulation 5, Globally Harmonized The whole
definitions of System of Classification
GHS, hazard and Labelling of Chemicals,
category, hazard third, fourth and fifth revised
class, hazard editions, published by the
pictogram, United Nations in 2009,
hazard statement, 2011 and 2013 respectively
hazardous substance
and precautionary
statement,

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Endnotes

Statutory rule Title of applied, adopted or Matter in

provision incorporated document applied,
adopted or
incorporated
document
regulations 13(1),
17, 143(1), 145(1)(e)
and Schedules 7,
8 and 14
Regulation 5, Guidance Note on the The whole
definition of Membrane Filter Method
Membrane Filter for Estimating Airborne
Method Asbestos Fibres, 2nd Edition,
prepared by the National
Occupational Health and
Safety Commission and
published in April 2005
Regulation 5, Procedure No. 02, Part 1, The whole
definition of Issue 3: Requirements
occupational for Bodies Providing
health and safety Audit and Certification of
auditor Occupational Health and
Safety Management Systems,
dated 18 August 2011,
published by the Joint
Accreditation System of
Australia and New Zealand
Regulation AS 1657-2013—Fixed The whole
41(2)(b)(i) platforms, walkways,
stairways and ladders—
Design, construction
and installation, published
by Standards Australia
in 2013, incorporating
Amendment No. 1
Regulation 106(b) AS 3533.1-2009— The whole
and clause 1.8 of Amusement rides and
Schedule 2 devices—Part 1: Design and
construction, published by
Standards Australia in 2009,
reissued in 2011 incorporating
Amendment No. 1

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Endnotes

Statutory rule Title of applied, adopted or Matter in

provision incorporated document applied,
adopted or
incorporated
document
Regulation 106(f)(ii) AS/NZS 3509:2009—LP Gas The whole
fuel vessels for automotive
use, published by Standards
Australia and Standards
New Zealand in 2009
Regulation 106(f)(iii) AS 2971-2007—Serially The whole
produced pressure vessels,
published by Standards
Australia in 2007

——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in
S.R. No. 71/2019 in accordance with the requirements of regulation 5 of the
Subordinate Legislation Regulations 2014.
Statutory rule Title of applied, adopted or Matter in
provision incorporated document applied,
adopted or
incorporated
document
Regulation 4 AS/NZS 60335.2.69:2017 The whole
(inserts new Household and similar
regulation 319B, electrical appliances—
definition of Dust Safety—Part 2.69: Particular
Class H Vacuum) requirements for wet and dry
vacuum cleaners, including
power brush, for commercial
use, published by Standards
Australia on 30 June 2017

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Endnotes

Statutory rule Title of applied, adopted or Matter in

provision incorporated document applied,
adopted or
incorporated
document
Regulation 4 AS/NZS 1716:2012— The whole
(inserts new Respiratory protective
regulation 319B, devices, published by
definition of Standards Australia on
respiratory 13 February 2012
protective
equipment)

——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in
S.R. No. 141/2020 in accordance with the requirements of regulation 5 of the
Subordinate Legislation Regulations 2014.

Statutory rule Title of applied, adopted or Matter in

provision incorporated document applied,
adopted or
incorporated
document
Regulation 5 Globally Harmonized System The whole
of Classification and
Labelling of Chemicals,
seventh revised edition,
published by the United
Nations in 2017.
Regulation 7 Globally Harmonized System The whole
of Classification and
Labelling of Chemicals, third,
fourth and fifth revised
editions, published by the
United Nations in 2009, 2011
and 2013 respectively.

——

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Endnotes

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in
S.R. No. 137/2021 in accordance with the requirements of regulation 5 of the
Subordinate Legislation Regulations 2014.

Statutory rule Title of applied, adopted or Matter in

provision incorporated document applied,
adopted or
incorporated
document
Regulation 5 AS/NZS 60335.2.69:2017 The whole
(inserts definition Household and similar
of Dust Class H electrical appliances—
Vacuum into Safety—Part 2.69: Particular
regulation 5 of the requirements for wet and dry
Occupational vacuum cleaners, including
Health and Safety power brush, for commercial
Regulations 2017) use, published by Standards
Australia on 30 June 2017
Regulation 5 AS/NZS 1716:2012— The whole
(inserts definition Respiratory protective
of respiratory devices, published by
protective equipment Standards Australia on
into regulation 5 13 February 2012
the Occupational
Health and Safety
Regulations 2017)

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