Work Health and Safety Regulation 2011

1 Authorised by the ACT Parliamentary Counsel also accessible at Australian Capital Territory work Health and Safety Regulation 2011 SL2011-36 made under the work Health and Safety Act 2011 Republication No 25 Effective: 18 August 2017 Republication date: 18 August 2017 Last amendment made by SL2017-24 Authorised by the ACT Parliamentary Counsel also accessible at About this republication The republished law This is a republication of the work Health and Safety Regulation 2011 , made under the work Health and Safety Act 2011 (including any amendment made under the Legislation Act 2001, part (Editorial changes)) as in force on 18 August 2017. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 18 August 2017.

2 The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at ): authorised republications to which the Legislation Act 2001 applies unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).

3 The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( ). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading.

4 The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133). R25 18/08/17 work Health and Safety Regulation 2011 Effective: 18/08/17 contents 1 Authorised by the ACT Parliamentary Counsel also accessible at Australian Capital Territory work Health and Safety Regulation 2011 made under the work Health and Safety Act 2011 Contents Page Chapter 1 Preliminary Part Introductory matters 1 Name of Regulation 2 5 Dictionary 2 6A Offences are offences of strict liability 2 6B Offences against Regulation application of Criminal Code etc 3 7 Meaning of person conducting a business or undertaking persons excluded Act, s 5 (6) 3 8 Meaning of supply Act, s 6 (3) (b)

5 4 9 Provisions linked to Health and Safety duties in Act Act, sch 3, s 4 Contents Page contents 2 work Health and Safety Regulation 2011 Effective: 18/08/17 R2518/08/17 Authorised by the ACT Parliamentary Counsel also accessible at 9A Meaning of corresponding WHS law Act, dict 5 Part Application 10 Application of the Act to dangerous goods and high risk plant Act, sch 1, s 5 8 11 Application of this Regulation 8 12 Assessment of risk in relation to a class of hazards, tasks, circumstances or things 9 Part Incorporated documents 13 Documents incorporated as in force when incorporated 10 14 Inconsistencies between provisions 10 15 References to standards 10 Chapter 2 Representation and participation Part Representation Division work groups 16 Negotiations for and determination of work groups 11 17 Matters to be taken into account in negotiations Act, s 52 (6) and s 56 (4)

6 11 Division Health and Safety representatives 18 Procedures for election of Health and Safety representatives Act, s 61 (2) 13 19 Person conducting business or undertaking must not delay election 14 20 Removal of Health and Safety representatives Act, s 64 (2) (d) 14 21 Training for Health and Safety representatives Act, s 72 (1) 15 Part Issue resolution 22 Agreed procedure minimum requirements 16 23 Default procedure Act, s 81 (2) 16 Part Cessation of unsafe work 24 Continuity of engagement of worker Act, s 88 18 Contents Page R25 18/08/17 work Health and Safety Regulation 2011 Effective: 18/08/17 contents 3 Authorised by the ACT Parliamentary Counsel also accessible at Part Workplace entry by WHS entry permit-holders 25 Training requirements for WHS entry permits Act, s 131 and s 133 19 26 Form of WHS entry permit 20 27 Notice of entry general 20 28 Additional requirements entry under Act, s 117 Act, s 119 21 29 Additional requirements entry under Act, s 120 Act, s 120 22 30 Additional requirements entry under Act, s 121 Act, s 122 23 31 Register of WHS entry permit-holders Act.

7 S 151 23 Chapter 3 General risk and workplace management Part Managing risks to Health and Safety 32 Application pt 24 33 Specific requirements must be complied with 24 34 Duty to identify hazards 24 35 Managing risks to Health and Safety 25 36 Hierarchy of control measures 25 37 Maintenance of control measures 26 38 Review of control measures 26 Part General workplace management Division Information, training and instruction 39 Provision of information, training and instruction Act, s 19 28 Division General working environment 40 Duty in relation to general workplace facilities 29 41 Duty to provide and maintain adequate and accessible facilities 30 Division First-aid 42 Duty to provide first-aid 31 Division Emergency plans 43 Duty to prepare, maintain and implement emergency plan 32 Division Personal protective equipment 44 Provision to workers and use of personal protective equipment 34 45 Personal protective equipment used by other persons 36 Contents Page contents 4 work Health and Safety Regulation 2011 Effective.

8 18/08/17 R2518/08/17 Authorised by the ACT Parliamentary Counsel also accessible at 46 Duties of worker 36 47 Duty of person other than worker 37 Division Remote or isolated work 48 Remote or isolated work Act, s 19 38 Division Managing risks from airborne contaminants 49 Ensuring exposure standards for substances and mixtures not exceeded 39 50 Monitoring airborne contaminant levels 39 Division Hazardous atmospheres 51 Managing risks to Health and Safety Act, s 19 40 52 Ignition sources Act, s 19 41 Division Storage of flammable or combustible substances 53 Flammable and combustible substances not to be accumulated 41 Division Falling objects 54 Management of risk of falling objects Act, s 19 42 55 Minimising risk associated with falling objects 42 Chapter 4 Hazardous work Part Noise 56 Meaning of exposure standard for noise 44 57 Managing risk of hearing loss from noise Act, s 19 44 58 Audiometric testing 45 59 Duties of designers, manufacturers, importers and suppliers of plant 46 Part Hazardous manual tasks 60 Managing risks to Health and Safety Act, s 19 49 61 Duties of designers, manufacturers.

9 Importers and suppliers of plant or structures 50 Part Confined spaces Division Preliminary 62 Confined spaces to which this part applies 53 63 Application to emergency services workers 53 Contents Page R25 18/08/17 work Health and Safety Regulation 2011 Effective: 18/08/17 contents 5 Authorised by the ACT Parliamentary Counsel also accessible at Division Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure 64 Duty to eliminate or minimise risk 54 Division Duties of person conducting business or undertaking 65 Entry into confined space must comply with this division 55 66 Managing risks to Health and Safety Act.

10 S 19 55 67 Confined space entry permit 57 68 Signage 58 69 Communication and Safety monitoring 59 70 Specific control connected plant and services 60 71 Specific control atmosphere 60 72 Specific control flammable gases and vapours 62 73 Specific control fire and explosion 63 74 Emergency procedures 63 75 Personal protective equipment in emergencies 64 76 Information, training and instruction for workers 65 77 Confined space entry permit and risk assessment must be kept 67 Part Falls 78 Management of risk of fall Act, s 19 69 79 Specific requirements to minimise risk of fall 70 80 Emergency and rescue procedures 72 Part High risk work Division Licensing of high risk work Subdivision Requirement to be licensed 81 Licence required to carry out high risk work 74 82 Exceptions 74 83 Recognition of high risk work licences in other jurisdictions 76 84 Duty of person conducting business or undertaking to ensure direct supervision 76 85 Evidence of licence duty of person conducting business or undertaking