ISBN Guide To Ohs Regulations 2017 06 02

Guide to the Occupational
Health and Safety Regulations 2017

June 2017
Contents 1
Foreword 2
Introduction 3
How to use this guide 3
Finding the regulations that apply to you – A quick reference table 4
A detailed guide to what has changed and what it means for you 15
Chapter 1—Preliminary 15 Chapter 4—Hazardous substances and materials cont’d
Part 1.1—Introductory matters 15 Schedule 7—Asbestos – Information required

to be included in an asbestos control plan 93
Part 1.2—Incorporated documents 22
Schedule 8—Asbestos – Information required to be
Chapter 3—Physical hazards 22
included in a notification of asbestos removal work 95
Part 3.1—Manual handling 22
Part 4.4—Lead 96
Part 3.2—Noise 26
Chapter 5—Hazardous industries 97
Part 3.3—Prevention of falls 27
Part 5.1—Construction 97
Part 3.4—Confined spaces 28
Part 5.2—Major hazard facilities 110
Part 3.5—Plant 29
Schedule 9—Materials at major hazard facilities
Schedule 2—Plant requiring registration of design 36 (and their thresholds) 110
Part 3.6—High risk work 37 Schedule 11—Matters to be included in
Emergency Plan 111
Schedule 3—High risk work licence classes 39
Schedule 12—Additional matters to be included
Schedule 4—High risk work pressure equipment
in Safety Case 113
for which licence is not required 43
Part 5.3—Mines 114
Chapter 4—Hazardous substances and materials 44
Chapter 6—Licensing and registration 119
Part 4.1—Hazardous substances 44
Part 6.1—Licences 119
Part 4.2—Scheduled carcinogenic substances 52
Part 6.2—Registration 122
Part 4.3—Asbestos 53
Chapter 7—Administrative matters
Schedule 6—Asbestos 92
and exemptions 123
Part 7.2—Exemptions 123
Other changes that apply across the regulations 124

Further information 125
WSV1901/01/06.17
Guide to the Occupational Health and Safety Regulations 2017
Foreword
On 18 June 2017, Victoria’s Occupational Health
and Safety Regulations 2017 (OHS Regulations 2017)
will take effect. In consultation with stakeholders,
the previous regulations were updated to reflect
modern work places and hazards.
The new OHS Regulations 2017 are mainly the same
for most Victorian duty holders. However, if you are in
a workplace where asbestos is present; are a manufacturer
or an importing supplier of hazardous substances or
agricultural and veterinary chemicals; work in construction;
or operate a mine or major hazard facility, you need to
be aware of the changes outlined in this guide.
Transitionary arrangements apply for some changes to
allow duty and licence holders a period of time to
become compliant with any new regulatory requirements.
Other changes that have been made to the regulations are
to streamline, modernise, and reduce regulatory burden on
duty holders around licensing for high risk work and record
keeping for designers and manufacturers of plant.
Most importantly, the new regulations maintain Victoria’s
already high safety standards. In some high risk areas,
like asbestos removal work, they improve standards.
2
Introduction
As a duty holder, you will be required to understand the
changes in the OHS Regulations 2017 and how they
apply to you.
This guide gives you information about what has changed,
how it will affect you, and what you need to do to ensure
you are compliant with the updated regulations.
How to use this guide

You can use this guide to understand how your duties
may have changed under the OHS Regulations 2017
and identify specific areas that apply to you. The quick
reference table will help you identify those relevant areas
and direct you to more detailed information in the guide
that includes cross-references to relevant chapters,
parts, divisions and schedules and how they’ve changed.
Information about schedules is within the relevant
chapters to make it easier for you to find.
You can contact the WorkSafe Advisory Service
on 1800 136 089, Monday to Friday, between
8.30am to 5.00pm, if you need further assistance.
Further information can also be found at
worksafe.vic.gov.au
Disclaimer: This guide contains material of a

general nature only and is not to be used as a
substitute for obtaining legal advice.
3
Finding the changes that apply to you—A quick reference table

This table can be used to find key changes in the OHS Regulations 2017 that may apply to your situation.
Click on the links to take you to the relevant section in the guide for more detailed information.
Where the table states ‘no change to duty holder requirements’, you can still review any changes that have
been made by clicking on the relevant link.
For all of the numbering changes between the 2007 regulations and 2017 regulations, please refer to
detailed reconciliation tables that can be downloaded from worksafe.vic.gov.au
OHS Regulations 2007 OHS Regulations 2017 Change to duty holders requirements
Chapter 1—Preliminary Chapter 1—Preliminary Chapter 1—Preliminary
Part 1.1—Introductory matters Part 1.1—Introductory matters Part 1.1—Introductory matters
1.1.5 Definitions – abseiling 5 Definitions – rope access equipment No change to duty holder
equipment requirements. More detail page 15.
No equivalent definition 5 Definitions – asbestos-contaminated Change to requirements.
dust More detail page 15.
1.1.5 Definitions – asbestos removal 5 Definitions – asbestos removal work Change to requirements.
work More detail page 15.
1.1.5 Definitions – blood lead level 5 Definitions – blood lead level No change to requirements.
More detail page 16.
No equivalent definition 5 Definitions – Class A asbestos Change to requirements.
removal work More detail page 16.
No equivalent definition 5 Definitions – Class B asbestos Change to requirements.
removal work More detail page 16.
1.1.5 Definitions – container 5 Definitions – container Change to requirements.
No equivalent definition 5 Definitions – emergency stop device No change to duty holder
requirements. More detail page 17.
1.1.5 Definitions – manual handling 5 Definitions – hazardous manual No change to duty holder
1.1.5 Definitions – hazardous manual handling requirements.
handling More detail page 18.
1.1.5 Definitions – hazardous 5 Definitions – hazardous substance Change to requirements.
substance More detail page 18.
1.1.5 Definitions – health surveillance 5 Definitions – health monitoring No change to duty holder
1.1.5 Definitions – independent 5 Definitions – independent person Change to requirements.
person More detail page 19.
1.1.5 Definitions – lead-risk job 5 Definitions – lead-risk work No change to duty holder
No equivalent definition 5 Definitions – operator controls No change to duty holder
No equivalent definition 5 Definitions – operational stop No change to duty holder
control requirements. More detail page 20.
1.1.5 Definitions – presence-sensing 5 Definitions – presence-sensing No change to duty holder
safeguarding system safe-guarding system requirements. More detail page 20.
Schedule 3 Item 1 – dogging 5 Definitions – dogging work No change to duty holder
4
Schedule 3 Item 9 Definitions – 5 Definitions – forklift truck Change to requirements.
fork-lift truck 5 Definitions – pallet truck More detail page 21.
No equivalent definition
No equivalent regulation 11 Duties of self-employed persons No change to requirements.
Part 1.2—Incorporated documents Part 1.2—Incorporated documents Part 1.2—Incorporated documents
Approved Criteria for Classifying Globally Harmonized System of Change to requirements.
Hazardous Substances, Hazardous Classification and Labelling of More detail page 22.
Substances Information System (HSIS) Chemicals (GHS) terminology
and associated terminology
No equivalent regulation 17 Compliance with the GHS Change to requirements.
Chapter 3—Physical hazards Chapter 3—Physical hazards Chapter 3—Physical hazards
Part 3.1—Manual handling Part 3.1—Hazardous manual Part 3.1—Hazardous manual
handling handling
Title of the Part – Part 3.1— Title of the Part – Part 3.1— No change to duty holder
Manual handling Hazardous manual handling requirements. More detail page 22.
3.1.1(1) Hazard Identification 26 Hazard identification No change to duty holder
3.1.1(2) Hazard Identification This provision has been removed. No change to duty holder
3.1.2 Control of risk 27 Control of risk No change to duty holder
3.1.3(1) Review of risk control 28(1) Review of risk control measures No change to duty holder
measures requirements. More detail page 25.
Part 3.2—Noise Part 3.2—Noise Part 3.2—Noise
Division 2—Duties of employers Division 3—Audiometric tests Division 3—Audiometric tests
and audiological examinations and audiological examinations
3.2.12 Audiological examinations 38 Audiological examinations Change to requirements.
More detail on page 26.
Part 3.3—Prevention of Falls Part 3.3—Prevention of Falls Part 3.3—Prevention of Falls
Division 1—Introductory matters Division 1—Introductory matters Division 1—Introductory matters
3.3.1 Application of Part 41 Application of Part No change to duty holder
Part 3.4—Confined Spaces Part 3.4—Confined Spaces Part 3.4—Confined Spaces
Division 2—Duties of designers, Division 2—Duties of designers, Division 2—Duties of designers,
manufacturers and suppliers of plant manufacturers and suppliers of plant manufacturers and suppliers of plant
3.4.4 Suppliers 53 Suppliers Change to requirements.
More detail on page 28.
Division 3—Duties of employers Division 3—Duties of employers Division 3—Duties of employers
and self-employed persons and self-employed persons
3.4.15 Employer to retain entry 64 Employer to keep entry permits Change to requirements.
permits More detail on page 29.
5
Part 3.5—Plant Part 3.5—Plant Part 3.5—Plant
Division 2—Duties of designers Division 2—Duties of designers Division 2—Duties of designers
of plant of plant of plant
Division 3—Duties of manufacturers Division 3—Duties of manufacturers Division 3—Duties of manufacturers
Division 4—Duties of suppliers Division 4—Duties of suppliers Division 4—Duties of suppliers
3.5.6(1) Operational stop controls and 79(1) Emergency stop devices Change to requirements.
emergency stop devices (designer) (designer) More detail page 29.
3.5.10(1) Records and information 83(1) Records and information Change to requirements.
(designer) (designer) More detail page 30.
(designer) (designer) More detail page 31.
3.5.11(3) Record of standards or 84(3) Record of standards or
engineering principles used (designer) engineering principles used (designer)
(manufacturer) (manufacturer) More detail page 31.
3.5.13(a) Information must be These provisions have been removed. Change to requirements.
obtained and provided (manufacturer) More detail page 32.
3.5.17(1)(a)(i) Information to be
obtained and provided (supplier)
3.5.16 General duties (suppliers of This regulation has been removed. No change to duty holder
plant) requirements. More detail page 32.
Division 5—Duties of employers Division 5—Duties of employers and Division 5—Duties of employers and
who use plant self-employed persons who use plant self-employed persons who use plant
Division 6—Duties of self-employed
persons
3.5.24(3) Control of risk 98(4) Control of risk No change to requirements.
3.5.27(1) Operational stop controls 102(1) Specific risk control measures Change to requirements.
and emergency stop devices - Emergency stop devices More detail page 33.
3.5.31 Record of inspections and 106 Record of inspection and Change to requirements.
maintenance maintenance More detail page 34.
Division 6—Duties of self-employed Division 5—Duties of employers and Division 5—Duties of employers and
persons self-employed persons who use plant self-employed persons who use plant
No equivalent regulations 119 Tower cranes Change to requirements.
120 Employer or self-employed More detail page 35.
person to keep certain design
information available
3.5.46 Self-employed person to have No equivalent provisions to regulation No change to duty holder
the same duties as employer 3.5.46(1) and (2). requirements. More detail page 36.
6
Schedule 2—Plant requiring Schedule 2—Plant requiring Schedule 2—Plant requiring
registration of design. registration of design registration of design
1.2 Tower cranes 1.2 Tower cranes Change to requirements.
1.4 Lifts 1.4 Lifts Change to requirements.
1.8 Amusement structures 1.8 Amusement structures Change to requirements.
Part 3.6—High risk work Part 3.6—High Risk Work Part 3.6—High Risk Work
Division 3—Assessments Division 3—Assessments Division 3—Assessments of
of competency of competency competency
3.6.10 Person may work while 138 Person may work while Change to requirements.
application is being processed application for high risk work licence More detail page 37.
or renewal is being processed
Division 3—Assessments Division 4—Authorisation Division 4—Authorisation of
of competency of assessors assessors
3.6.11 Authorisation to carry out 139 Authorisation to carry out No change to duty holder
assessments of competency assessments of competency requirements. More detail page 38.
Schedule 3—High risk work Schedule 3—High risk work Schedule 3—High risk work licence
licence classes licence classes classes
Part 1—Licence classes for Part 1—Licence classes for Part 1—Licence classes for
scaffolding and rigging scaffolding and rigging scaffolding and rigging
Item 5 Dogging licence Item 4 Dogging licence No change to requirements.
Item 1 Definitions - dogging 5 Definitions – dogging work More detail page 39.
Part 2—Licence classes for crane, Part 2—Licence classes for crane, Part 2—Licence classes for crane,
hoist and fork lift truck operation hoist and foklift truck operation hoist and forklift truck operation
Item 9 Definitions – fork-lift truck 5 Definitions – forklift truck Change to requirements.
No equivalent definition 5 Definitions – pallet truck More detail page 39.
Item 14 Bridge and gantry crane Item 12 Bridge and gantry crane Change to requirements.
operation licence operation licence More detail page 40.
Item 15 Vehicle loading crane Item 13 Vehicle loading crane Change to requirements.
Item 16 Non-slewing mobile crane Item 19 Reach stacker operation Change to requirements.
operation licence licence More detail page 41.
Item 27 Order-picking forklift truck Item 25 Order-picking forklift truck Change to requirements.
pressure equipment operation pressure equipment operation pressure equipment operation
Item 29 Basic boiler operation licence Item 26 Standard boiler operation Change to requirements.
Item 30 Intermediate boiler operation licence More detail page 42.
licence Item 27 Advanced boiler operation
Item 31 Advanced boiler operation licence
licence
7
Schedule 4—Pressure equipment Schedule 4—Pressure equipment Schedule 4—Pressure equipment
for which high risk work licence is for which high risk work licence is for which high risk work licence is
not required not required not required
Item 2.1 Pressure equipment for which Item 1 Boilers having less than 5 Change to requirements.
high risk work licence is not required square metres of heating surface More detail page 43.
Chapter 4—Hazardous substances Chapter 4—Hazardous substances Chapter 4—Hazardous substances
and materials and materials and materials
Part 4.1—Hazardous substances Part 4.1—Hazardous substances Part 4.1—Hazardous substances
and suppliers and suppliers and suppliers
4.1.4 Determination of hazardous 143 Determination of hazardous Change to requirements.
substances substances More detail page 44.
4.1.6 What must an MSDS contain? 145 What must a safety data Change to requirements.
sheet contain? More detail page 44.
4.1.9 Manufacturers and importing 149 Manufacturers and importing Change to requirements.
suppliers must label containers suppliers must label containers More detail page 47.
4.1.10 Recognition of other 150 Recognition of other Change to requirements.
labelling systems labelling systems More detail page 49.
Part 4.2—Scheduled Carcinogenic Part 4.2—Scheduled carcinogenic Part 4.2—Scheduled carcinogenic
Substances substances substances
4.2.3 Requirement to hold 174 Requirement to hold No change to duty holder
carcinogens licence carcinogens licence requirements. More detail page 52.
Part 4.3—Asbestos Part 4.4—Asbestos Part 4.4—Asbestos
4.3.95 Independent person to be 207 Independent person Change to requirements.
qualified More detail page 53.
No equivalent regulation 208 Asbestos-contaminated dust Change to requirements.
Division 2—General requirements Division 2—General requirements Division 2—General requirements
4.3.6 Analysis by approved 213 Analysis by approved asbestos Change to requirements.
asbestos analyst laboratory More detail page 54.
Division 3—Prohibitions under the Division 3—Prohibitions under the Division 3—Prohibitions under the
Occupational Health and Safety Act Occupational Health and Safety Act Occupational Health ans Safety Act
2004 2004 2004
4.3.7 Asbestos removal work 214 Asbestos removal work Change to requirements.
4.3.8 Removal of contaminated 215 Removal of contaminated Change to requirements.
protective clothing protective clothing More detail page 55.
4.3.9 Use of certain tools or 216 Use of certain tools or Change to requirements.
instruments instruments More detail page 57.
8
Dangerous Goods Act 1985 Dangerous Goods Act 1985 Dangerous Goods Act 1985
4.3.12 Supply of asbestos (2)(b) These provisions have been removed. No change to duty holder
4.3.13 Storage of asbestos (2)(c) requirements. More detail page 59.
4.3.14 Transport of Asbestos (2)(c)
4.3.15 Sales of asbestos (2)(b)
4.3.18 Exemptions for chrysotile This provision has been removed. No change to duty holder
Division 5—Asbestos in workplaces Division 5—Asbestos in workplaces Division 5—Asbestos in workplaces
4.3.19 Application of Division 225 Application of Division Change to requirements.
4.3.28 Information about risks to be 234 Information about risks to be Change to requirements.
given to person who manages or given to person who manages or More detail page 63.
controls workplace controls workplace
Division 6—Demolition and Division 6—Demolition and Division 6—Demolition and
refurbishment where asbestos is refurbishment where asbestos is refurbishment where asbestos
present present is present
4.3.36 Review of employer’s asbestos 242 Review of employer’s asbestos Change to requirements.
register register More detail page 65.
4.3.38 Determination of presence of 245 Determination of presence Change to requirements.
asbestos of asbestos More detail page 65.
4.3.39 Identification and removal 244 Identification and removal No change to duty holder
of asbestos before demolition of asbestos before demolition requirements. More detail page 67.
4.3.40 Identification and removal and refurbishment
of asbestos before refurbishment
4.3.41 Requirements for asbestos 246 Requirements for asbestos No change to duty holder
removal work removal work requirements. More detail page 69.
4.3.42 Emergency procedures 247 Emergency procedures Change to requirements.
Division 7—Removal of asbestos Division 7—Removal of asbestos Division 7—Removal of asbestos
Dangerous Goods Order 2007 Division 7 of Part 4.4 – Asbestos Change to requirements.
4.3.45 Limited asbestos removal work 250 Limited asbestos removal work Change to requirements.
without licence permitted More detail page 71.
4.3.51 Signs 255 Signs and barricades Change to requirements.

4.3.54 Elimination of airborne 258 Elimination of airborne asbestos Change to requirements.
asbestos fibres fibres More detail page 72.
4.3.56 Disposal of asbestos waste 260 Disposal of asbestos waste Change to requirements.
4.3.57 Laundering of clothing 261 Laundering of clothing Change to requirements.
contaminated with asbestos contaminated with asbestos More detail page 74.
9
4.3.58(3) Medical examinations 262 Medical examinations No change to duty holder
4.3.49 Provision of information about 301 Information to be provided to Change to requirements.
proposed asbestos removal work persons occupying premises in More detail page 76.
4.3.90 Employers in immediate and immediate and adjacent areas
adjacent areas to be informed
4.3.59 Notice of medical practitioner These provisions have been removed. Change to requirements.
4.3.80 Notice of medical practitioner More details page 77.
4.3.111 Notice of medical practitioner
4.3.60 Results of medical 263 Results of medical examinations Change to requirements.
examinations More detail page 77.
4.3.61(2) Person not to perform 264 Class A asbestos removal work Change to requirements.
asbestos removal work unless More detail page 78.
licenced
4.3.64 Information to job applicants 268 Information to job applicants and Change to requirements.
independent contractors More detail page 79.
4.3.66 Training record to be made 270 Training record No change to duty holder
4.3.67 Training record to be retained requirements. More detail page 79.
and made available
4.3.81 Results of medical 283 Results of medical examinations Change to requirements.
examinations More detail page 82.
4.3.82 Application of Subdivision 284 Application of Subdivision Change to requirements.
4.3.85 Air monitoring required before 287 Asbestos paraoccupational air Change to requirements.
commencement of removal work monitoring requirements More detail page 83.
4.3.91 Asbestos paraoccupational air 292 Asbestos paraoccupational air Change to requirements.
monitoring monitoring More detail page 83.
4.3.92 Results of monitoring to be 295 Results of inspection and Change to requirements.
made available monitoring to go to licence holder More detail page 84.
4.3.96 Clearance certificates 297 Clearance certificates Change to requirements.
4.3.97 Notification of asbestos 298 Notice of asbestos removal work No change to duty holder
removal work 299 Notice in an unexpected situation requirements. More detail page 85.
4.3.98 Notification in an unexpected
situation
7.1.3 Specific notifications
10
Division 8—Activities involving Division 8—Activities involving Division 8—Activities involving
asbestos asbestos asbestos
Schedules Schedules Schedules
Schedule 6—Asbestos – Categories This schedule has been removed. No change to duty holder
of asbestos-containing material requirements. More detail page 92.
containing chrysotile asbestos and
their uses
Schedule 7—Asbestos – Information Schedule 12—Information required Change to requirements.
required to be included in an asbestos to be included in an asbestos More detail page 93.
control plan control plan
Schedule 8—Asbestos – Information Schedule 13—Information required Change to requirements.
required to be included in a notification to be included in a notice of More detail page 95.
of asbestos removal work asbestos removal work
Part 4.4—Lead Part 4.3—Lead Part 4.3—Lead
4.4.5(2) Medical examinations 181(2) Medical examinations Change to requirements.
and biological monitoring and biological monitoring More detail page 96.
Chapter 5—Hazardous industries Chapter 5—Hazardous industries Chapter 5—Hazardous industries
Part 5.1—Construction Part 5.1—Construction Part 5.1—Construction
5.1.5 What is a safe work method 324 What is a safe work method Change to requirements.
statement? statement? More detail page 97.
5.1.6 Self-employed person to have This regulation has been removed. No change to duty holder
the same duties as an employer requirements. More detail page 98.
Division 2—Control of risk Division 2—Control of risk Division 2—Control of risk
No equivalent regulation 331 Emergency procedures Change to requirements.
11
Division 3—Induction training Division 3—Construction induction Division 3—Construction induction
for construction work training training
5.1.19 Application of Division 338 Application of Division No change to
5.1.20 Construction induction 339 Construction induction training duty holder requirements.
training to be provided to be provided More detail page 100.
5.1.21 Requirement to be registered 340 Requirements to hold a current
5.1.22 Employer must not allow construction induction card
unregistered employee to perform 341 Employer must not allow a
construction work person to perform construction work
5.1.23 Temporary exemption unless the person holds a current
construction induction card
5.1.24 Offence to refuse to accept
construction induction card 342 Exemptions
Part 6.2 – Division 4 – Registration 343 - 353 include consequential
to perform construction work amendments arising from the
(6.2.15 – 6.2.21) removal of Part 6.2 - Division 4 -
Registration to perform construction
work (6.2.15 - 6.2.21)
Part 5.2—Major hazard facilities Part 5.2—Major hazard facilities Part 5.2—Major hazard facilities
Division 3—Safety duties of operators Division 6—Safety duties of operators Division 6—Safety duties of operators
5.2.5 Safety Management System 372 Safety management system No change to
373 Operator to keep safety duty holder requirements.
management system available More detail page 103.
374 Review of safety management
system
5.2.9 Emergency plan 375 Emergency plan Change to requirements.
376 Emergency plan to be kept More detail page 104.
and sent to emergency services
and municipal councils
12
5.2.12 Review by operator 379 Review by operator No change to duty holder
Division 4—Safety Case Division 8—Safety case Division 8—Safety case
5.2.17 Review of Safety Case 387 Review of safety case Change to requirements.
Division 7—Determination of major Division 4—Determination of major Division 4—Determination of
hazard facility hazard facility major hazard facility
5.2.27 Operators of certain facilities 360 Operators of certain facilities Change to requirements.
to notify Authority to notify Authority More detail page 109.
Schedule 9—Major hazard facilities – Schedule 14—Materials at major Change to requirements.
Materials at major hazard facilities hazard facilities and their threshold More detail page 110.
(and their thresholds) quantities
Schedule 11—Major hazard facilities Schedule 16—Matters to be included Change to requirements.
– Matters to be included in in major hazard facility emergency plan More detail page 111.
Emergency Plan
Schedule 12—Major hazard facilities Schedule 17—Additional matters to Change to requirements.
– Additional matters be included in major hazard facility More detail page 113.
to be included in Safety Case safety case
Part 5.3—Mines Part 5.3—Mines Part 5.3—Mines
5.3.2 What is a mining hazard? 400 What is a mining hazard? Change to requirements.
Division 2—Safety duties of Division 2—Safety duties of Division 2—Safety duties of mine
mine operators mine operators operators
5.3.11 Who may enter mine 408 Who may enter mine Change to requirements.
5.3.18 Communication in the event 415 Communication in the event Change to requirements.
of an employee working alone of an employee working alone More detail page 117.
5.3.30(1)(a) Working environment 429(1)(a) Working environment Change to requirements.
5.3.34(2)&(4) Emergency plan 433 Emergency plan Change to requirements.
434 Emergency plan to be kept and More detail page 118.
sent to emergency services and
municipal councils
Chapter 6—Licensing Chapter 6—Licensing Chapter 6—Licensing
and registration and registration and registration
Part 6.1—Licences Part 6.1—Licences Part 6.1—Licences
Division 1—Applications Division 1—Applications Division 1—Applications
6.1.1(2) Matters to be included in These provisions have been removed. Change to requirements.
licence applications More detail page 119.
6.1.9(a) Additional information to be
included in licence application
6.1.9(b) Additional information to be 458 Additional information to be Change to requirements.
included in licence application included in high risk work licence More detail page 120.
application
13
6.1.13 Additional information to be 462 Additional information to be Change to requirements.
included in licence application included in asbestos removal licence More detail page 121.
application
Division 2—Other provisions Division 2—Other provisions Division 2—Other provisions
concerning licences concerning a licence concerning a licence
6.1.24 Authority may impose terms 473 Authority may impose terms Change to requirements.
and conditions on licences and conditions on licence More detail page 122.
Part 6.2 Registration Part 6.2 Registration Part 6.2 Registration
Division 4—Registration to perform No equivalent Division No equivalent Division
construction work
Registration to perform construction Provisions in relation to the No change to duty holder
work (6.2.15 – 6.2.21) performance of construction work requirements.
have been included in Part 5.1 - More detail page 122.
Division 3—Construction induction
training (Regulations 338 – 353)
Chapter 7—Administrative Chapter 7—Administrative Chapter 7—Administrative
matters and exemptions matters and exemptions matters and exemptions
Part 7.2—Exemptions Part 7.2—Exemptions Part 7.2—Exemptions
7.2.10 Notice of exemptions to 546 Notice of exemptions to be No change to duty holder
be given to individual applicants given to individual applicants requirements.
7.2.13 Notice of refusal 549 Notice of refusal More detail page 123.
7.2.14 Variation or revocation of 550 Variation or revocation of
exemption exemption
Other changes that apply across the regulations

Licensing and other fees Licensing and other fees Change to requirements.
More details page 124.
14
A detailed guide to what has changed and what it means for you
The table outlines the changes to the OHS Regulations and actions you need to take, if any, to remain compliant
when the new OHS Regulations 2017 come into effect on 18 June 2017.
OHS Regulations 2007 OHS Regulations 2017 What do I need to do?
Chapter 1—Preliminary Chapter 1—Preliminary Chapter 1—Preliminary
Part 1.1—Introductory Matters Part 1.1—Introductory matters Part 1.1—Introductory matters
1.1.5 Definitions 5 Definitions No change to duty holder
requirements.
abseiling equipment means rope access equipment means The definition of abseiling equipment
equipment used to manually lower equipment used to manually lower has been replaced by the definition
or raise a person in a harness or seat, or raise a person in a harness or seat, of rope access equipment to update
supported by one or more fibre ropes supported by one or more fibre ropes terminology. As the meaning of the
and includes the equipment used to and includes the equipment used to definition remains the same, there
anchor or haul the rope or ropes anchor or haul the rope or ropes while is no change to the operation of
while abseiling; the person is lowered and raised; the defined term.
1.1.5 Definitions 5 Definitions Change to duty holder requirements.
No equivalent definition asbestos-contaminated dust If you are involved in asbestos
means dust that is, or is assumed removal work, a new definition of
under Part 4.4 (Asbestos) to be, asbestos-contaminated dust has
contaminated with asbestos; been added to the regulations due
to the incorporation of the
Dangerous Goods Order 2007.
Duty holders must be aware that
asbestos-contaminated dust is now
covered by the regulations. Further
detail is outlined in Part 4.4 of the
regulations and this guide.
asbestos removal work means asbestos removal work means the If you are involved in asbestos removal
the removal of asbestos that is fixed removal of asbestos that is present work, the definition of what that work
or installed in a building, structure, at a workplace, building, structure, includes has been amended to allow
ship or plant so that the asbestos ship or plant so that the asbestos for the removal of all forms of
is no longer fixed or installed in that is no longer present in that workplace, asbestos, including the removal of
building, structure, ship or plant, building, structure, ship or plant, up asbestos in soil. A reference to
up to the point of containment; to the point of containment; ‘workplace’ in addition to ‘building,
structure, ship or plant’ has also been
included.
The amendment was made due to the
incorporation of the Dangerous Goods
Order 2007 into the OHS Regulations
2017.
15

1.1.5 Definitions 5 Definitions No change to duty holder requirements.
blood lead level means the blood lead level means the The blood lead level definition now
concentration of lead in the whole concentration of lead in whole blood displays the concentration of lead
blood expressed in micromoles expressed in micromoles per litre expressed in both μg/dL
per litre (µmol/L); (µmol/L) or micrograms per (micrograms per decilitre) and
decilitre (µg/dL); μmol/L (micromoles per litre).
No equivalent definition Class A asbestos removal work As a Class A asbestos licence holder,
means asbestos removal work (other your duties under the OHS
than limited asbestos removal work) Regulations 2017 now apply to friable
involving the removal of— asbestos contaminated material that
(a) friable asbestos; or is not fixed or installed and asbestos
(b) asbestos-contaminated contaminated dust.
dust (other than asbestos- This is a new definition under the
contaminated dust OHS Regulations 2017.
associated with or derived
from the removal of
non-friable asbestos);
No equivalent definition. Class B asbestos removal work, Previously, as a Class B asbestos
Dangerous Goods Act 1985 - means asbestos removal work removal licence holder, the removal of
Order Prohibiting the Removal of (other than limited asbestos removal non-friable asbestos that is not fixed
Certain Asbestos at Workplaces work) involving the removal of— or installed was prohibited unless:
(1) The removal of asbestos (a) non-friable asbestos; or •• the asbestos is associated with
(including asbestos- (b) asbestos-contaminated or derived from the removal of
contaminated dust) that is not dust associated with or non-friable asbestos-containing
fixed to or installed in a building, derived from the removal material that is fixed to or installed
structure, ship or plant at any of non-friable asbestos; in a building, structure, ship or plant,
premises that are a workplace is or
prohibited. •• does not constitute more than
(2) The prohibition under clause 1 a minor contamination.
does not apply in relation to the
Given that the same method of
removal of asbestos:
removal and risk control would be
… used for non-friable asbestos that
(b) by an employer or self- is not fixed or installed, Class B
employed person who is asbestos removal licence holders
the holder of a Class B can remove non-friable asbestos
asbestos removal licence, under the OHS Regulations 2017
or by an employee of such regardless of whether it is associated
a licence-holder, if that with or derived from the removal of
removal is associated with non-friable asbestos that is fixed or
or derived from the removal installed in a building, structure, ship
of non-friable asbestos- or plant.
containing material that is
fixed to or installed in a
building, structure, ship
or plant;
cont’d cont’d
16

… In relation to the removal of asbestos
(d) by an employer or self- contaminated dust that constitutes a
employed person, if the minor contamination, amounts
asbestos does not permitted to be removed as limited
constitute more than a asbestos removal work are now
minor contamination; explicitly stated in Regulation 250.
…
container means anything in or by container, in Part 4.1 (Hazardous Bulk containers are now included in
which a hazardous substance is or substances), means anything in or by the definition of ‘container’ in the
has been wholly or partly encased, which a hazardous substance is or OHS Regulations 2017.
covered, enclosed, contained or has been wholly or partly encased, As a manufacturer or importing
packed (whether empty, partially full covered, enclosed, contained or supplier, you are now required to apply
or full) but does not include— packed (whether empty, partially full the Globally Harmonized System of
(a) the fuel tank of a vehicle; or or full), but does not include the fuel Classification and Labelling of
(b) a container within the tank of a vehicle; Chemicals (GHS) labelling to a bulk
meaning of bulk in the container of dangerous goods.
Dangerous Goods
(Storage and Handling)
Regulations 2000;
No equivalent definition 5 Definitions No change to duty holder
requirements.
emergency stop device means A new definition has been added to
a device that immediately stops, or distinguish an emergency stop device
effectively isolates the hazardous from an operational stop control.
operation of, an item of plant and
requires manual resetting;
requirements.
manual handling means any activity hazardous manual handling means The hazardous manual handling
requiring the use of force exerted by work requiring the use of force exerted definition has been redrafted to
a person to lift, lower, push, pull, carry by a person to lift, lower, push, pull, incorporate the definitions of
or otherwise move, hold or restrain carry or otherwise move, hold or ‘manual handling’ and ‘object’ which
any object. restrain— were previously defined separately.
Object, in Part 3.1 (Manual Handling) (a) a thing if the work involves
and the definition of manual handling, one or more of the
includes an inanimate or animate following—
object, plant and any substance or (i) repetitive or sustained
material contained by an object application of force;
cont’d cont’d cont’d
17

hazardous manual handling (ii) sustained awkward The definition of hazardous manual
means— posture; handling has also been streamlined by:
(a) manual handling having (iii) repetitive movement; •• removal of the word ‘repetitive’ in
any of the following (iv) application of high relation to posture (regulation 1.1.5
characteristics— force involving a ‘hazardous manual handling’ (a)(ii)
(i) repetitive or sustained single or repetitive use of the OHS regulations 2007).
application of force; of force that it would •• removal of the word ‘sustained’ in
(ii) repetitive or sustained be reasonable to relation to movements (regulation
awkward posture; expect that a person 1.1.5 ‘hazardous manual handling’
(iii) repetitive or sustained in the workforce may (a)(iii) of the OHS Regulations
movement; have difficulty 2007)
(iv) application of high undertaking;
force being an activity (v) exposure to sustained
involving a single or vibration;
repetitive use of force (b) live persons or animals;
that it would be (c) unstable or unbalanced
reasonable to expect loads or loads that are
that a person in the difficult to grasp or hold;
workforce may have
difficulty undertaking;
(iv) exposure to sustained
vibration;
(b) manual handling of live
persons or animals;
(c) manual handling of
unstable or unbalanced
loads or loads that are
difficult to grasp or hold.
hazardous substance means hazardous substance means a The definition of a hazardous
a substance that— substance that satisfies the criteria for substance no longer refers to the
(a) is listed on the HSIS and hazard classification set out in Part 3 Approved Criteria for Classifying
the concentration of the (Health Hazards) of the GHS, but Hazardous Substances. It now
substance or its ingredients does not include a substance that refers only to the Globally Harmonized
equals or exceeds the satisfies the criteria solely for one of System of Classification and Labelling
concentration cut-off levels the following hazard classes— of Chemicals (GHS).
listed on the HSIS that (a) acute toxicity—oral— As a manufacturer or importing
relate to health effects; or category 5; supplier who is classifying chemicals
(b) meets the criteria for a (b) acute toxicity—dermal— to determine if they are hazardous
hazardous substance set category 5; substances, you are no longer able
out in the Approved Criteria (c) acute toxicity—inhalation— to classify in accordance with the
for Classifying Hazardous category 5; Approved Criteria for Classifying
Substances; or (d) skin corrosion/irritation— Hazardous Substances. You must
(c) meets the criteria for category 3; now classify according to the GHS.
hazard classification set out (e) serious eye damage/eye
in Part 3 (Health Hazards) irritation— category 2B;
of the GHS; (f) aspiration hazard—category 2;
18

requirements.
health surveillance means health monitoring of a person The definition of health surveillance
health monitoring, which may means monitoring the person to has been replaced by the definition
include audiometric testing, medical identify changes in the person’s of health monitoring to update
examinations (including audiological health status and may include terminology and better align the
examinations) and biological audiometric testing, medical regulations with the model WHS laws.
monitoring; examinations (including audiological Further detail has also been added
examinations) and biological to the definition for clarity.
monitoring; The note has been added to clarify
Note that, under the OHS Act, wherever
“Health” includes psychological health “health” is referred to in the Act or the
(see section 5 of the Act). regulations this includes psychological
as well as physical health.
independent person, in Part 4.3 independent person, in Part 4.4 If you are an independent person
(Asbestos), means a person who is (Asbestos), has the meaning given involved in carrying out a relevant
independent from the asbestos by regulation 207; function in relation to asbestos
licence holder and from the person removal work, Regulation 207 explains
who commissioned the work; what constitutes a relevant function
at 207(2).
It also clarifies who you must be
independent from for the purposes of
that function, specifically at 207(1)(i),
employers and self-employed persons
performing the asbestos removal work,
and 207(b) where the person does not
have a conflict of interest in carrying
out the relevant function.
requirements.
lead-risk job has the meaning given lead-risk work has the meaning given The terminology has been changed
by regulation 4.4.17; by regulation 193; from lead-risk job to lead-risk work.
requirements.
operator controls includes an A new definition has been added to
operational stop control and an the OHS Regulations 2017 to make it
emergency stop device; clear that operator controls includes
an operational stop control.
Those operational stop controls are
subject to the requirements set out for
operator controls in regulations 78 and
101 of the OHS Regulations 2017.
19

requirements.
operational stop control means a A new definition has been added to
device used to stop an item of plant distinguish an operational stop control
under normal operation, but does not from an emergency stop device.
include an emergency stop device; Operational stop controls are subject
to the requirements set out in
regulations 78 and 101 of the OHS
Regulations 2017.
requirements.
presence-sensing safeguarding presence-sensing safeguarding The definition of presence-sensing
system includes— system includes— safeguarding system has been
(a) …. (a) …. amended to confirm that the machine
(b) …. (b) …. stopping capabilities must cause the
(c) the machine stopping (c) the machine stopping dangerous parts of a machine to be
capabilities, by which the capabilities, by which the brought to a safe state before a person
presence of a person or presence of a person or can reach the dangerous parts.
part of a person within the part of a person within the Safe state means if a person reaches
sensing field will cause the sensing field will cause the into a dangerous part of the machine
dangerous parts of a dangerous parts of a which is guarded it would no longer
machine to be brought to machine to be brought to be dangerous. The change is a
a safe state; a safe state before the clarification only.
person can reach the
dangerous parts;
Schedule 3 Item 1 Definition 5 Definitions No change to duty holder
requirements.
dogging means the application dogging work means one or both As a high risk licence holder, you
of slinging techniques, including the of the following— need to be aware of the licence
selection or inspection of lifting gear, (a) the application of slinging scope statement for a dogging licence.
or the directing of a crane or hoist techniques, including the In the new regulations, it has been
operator in the movement of a load selection or inspection of aligned with the definition of ‘dogging
when the load is out of the operator’s lifting gear, to sling a load; work’ to provide clarity around your
view. (b) the directing of a crane requirements.
or hoist operator in the
movement of a load when
the load is out of the
operator’s view;
20

Schedule 3 Item 9 Definitions 5 Definitions Change to duty holder requirements.
fork-lift truck means a powered forklift truck, in Part 3.6 (High risk If you are an operator of a forklift
industrial truck equipped with a mast work) and Schedule 3, means a truck, you no longer require a high risk
and an elevating load carriage to powered industrial truck equipped with licence to operate a pallet truck that
which is attached a pair of fork arms a mast and an elevating load carriage is unable, by design, to raise its fork
or other load holding attachment, to which is attached a pair of fork arms arms 900 mm or more above ground.
including a truck on which the or other load holding attachment, You are required to have a high risk
operator is raised with the attachment but does not include the following— licence for a forklift truck.
for order-picking, but does not (a) a pedestrian operated This change to the OHS Regulations
include— industrial truck; has come with the removal of the
(a) a pedestrian operated (b) a pallet truck that is unable, reference to ‘low-lift pallet trucks’
industrial truck; or by design, to raise its fork from the definition of a ‘forklift truck’.
(b) a tractor fitted with a pair of arms 900 mm or more
fork arms or other load above the ground;
holding attachment. (c) an order-picking forklift
truck;
(d) a tractor fitted with a pair
of fork arms or other load
holding attachment;
No equivalent definition for pallet truck means a non-
pallet truck. 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 means
of a fork (pair of fork arms) which is
adjustable in elevation;
No equivalent regulation. 11 Duties of self-employed persons No change to duty holder
requirements.
A self-employed person’s duties As a self-employed person, where
under these Regulations apply only you have a duty under the OHS
so far as to ensure, so far as is Regulations 2017 this is now always
reasonably practicable, that persons specified in the relevant regulation.
are not exposed to risks to their health This replaces the previous approach
and safety arising from the conduct of of having an overarching regulation in
the undertaking of the self-employed some parts of the Regulations
person. requiring self-employed persons to
comply with employer duties in that
part.
The change provides self-employed
persons with greater clarity as to the
duties that apply to them.
21

Part 1.2—Incorporated documents Part 1.2—Incorporated documents Part 1.2—Incorporated documents
Approved Criteria for Classifying Globally Harmonized System of Change to duty holder requirements.
Hazardous Substances, Hazardous Classification and Labelling of
Substances Information System Chemicals (GHS)
(HSIS) and associated terminology
The Globally Harmonized System
of Classification and Labelling of
Chemicals (GHS) terminology is
included in the regulations, and
replaces all references to the
Approved Criteria for Classifying
Hazardous Substances, Hazardous
Substances Information System.
If you are involved in the classification
and labelling of hazardous substances
and development of safety data
sheets, you now have a duty to use
the Third revised edition, Fourth
revised edition or the Fifth revised
edition of the GHS, but not a
combination of these editions.
No equivalent regulation 17 Compliance with the GHS Change to duty holder requirements.
In complying with the GHS, a person The Globally Harmonized System
may use the Third revised edition, of Classification and Labelling of
Fourth revised edition or the Fifth Chemicals (GHS) has been applied
revised edition of the Globally in place of all terminology taken from
Harmonized System of Classification the Approved Criteria for Classifying
and Labelling of Chemicals, but not Hazardous Substances.
a combination of these editions. If you are involved in the classification
and labelling of hazardous substances
and development of safety data
sheets, you must now use the Third
revised edition, Fourth revised edition
or the Fifth revised edition of the GHS,
but not a combination of these
editions.
Chapter 3—Physical hazards Chapter 3—Physical hazards Chapter 3—Physical hazards
Part 3.1—Manual handling Part 3.1—Hazardous manual Part 3.1—Hazardous manual
handling handling
Title of the Part – Part 3.1— Title of the Part – Part 3.1— No change to duty holder
Manual handling Hazardous manual handling requirements.
The title of the Part has been changed
to ‘Hazardous manual handling’ to
better reflect the scope of the Part,
which applies to activities that fall
within the definition of ‘hazardous
manual handling’.
22

3.1.1(1) Hazard identification 26 Hazard identification No change to duty holder
requirements.
(1) An employer must, so far as is An employer must, so far as is The language has been updated
reasonably practicable, identify reasonably practicable, identify to provide clearer guidance to
any task undertaken, or to be any hazardous manual handling duty holders.
undertaken, by an employee undertaken, or to be undertaken,
involving hazardous manual by an employee.
handling.
3.1.1(2) Hazard identification This provision has been removed. No change to duty holder
requirements.
An employer may carry out a hazard This provision has been removed
identification under subregulation (1) because it merely provides guidance
for a class of tasks rather than for as to one way an employer may
individual tasks if— identify hazardous manual handling
(a) all the tasks in the class tasks under 3.1.1(1). An employer may
are similar; and still choose to identify work involving
(b) the identification carried hazardous manual handling in a ‘class’,
out for the class of subject providing all hazardous manual
to any greater, additional handling is identified.
or different risk to health As an employer carrying out hazard
and safety than if the identification, you can now find
identification were carried information on how to comply with
out for each individual task the broader duty to identify
hazardous manual handling at
worksafe.vic.gov.au
3.1.2 Control of risk 27 Control of risk No change to duty holder
requirements.
(1) An employer must ensure that (1) An employer must, so far as is The wording has been updated to
the risk of a musculoskeletal reasonably practicable, eliminate provide clearer guidance to duty
disorder associated with a any risk of a musculoskeletal holders.
hazardous manual handling task disorder associated with Subsection 27(4) was previously a
affecting an employee is hazardous manual handling. note under 3.1.2(3) and is not a new
eliminated so far as is reasonably (2) If it is not reasonably practicable requirement.
practicable. to eliminate a risk of a
(2) If it is not reasonably practicable musculoskeletal disorder
to eliminate the risk of a associated with hazardous
musculoskeletal disorder manual handling, the employer
associated with a hazardous must reduce the risk so far as
manual handling task affecting is reasonably practicable by—
an employee, an employer must (a) altering—
reduce that risk so far as is
reasonably practicable by—
cont’d cont’d
23

(a) altering— (i) the workplace layout;
(i) the workplace layout; or
or (ii) the workplace
(ii) the workplace environment, including
environment, including heat, cold and
heat, cold and vibration; or
vibration, where the (iii) the systems of work
task involving manual which involve
handling is hazardous manual
undertaken; or handling; or
(iii) the systems of work (b) changing the things used
used to undertake in the hazardous manual
the task; or handling; or
(b) changing the objects used (c) using mechanical aids; or
in the task involving manual (d) combining any of the risk
handling; or control measures referred
(c) using mechanical aids; or to in paragraphs (a), (b)
(d) any combination of and (c).
paragraphs (a) to (c). (3) If the employer has complied
(3) If it is not reasonably practicable with subregulations (1) and (2)
for an employer to reduce the so far as is reasonably
risk of a musculoskeletal practicable and a risk of
disorder associated with a a musculoskeletal disorder
hazardous manual handling task associated with hazardous
in accordance with subregulation manual handling remains, the
(2), the employer may control employer must reduce the risk
that risk by the use of so far as is reasonably
information, instruction or practicable by using information,
training. instruction or training.
(4) Without affecting the generality (4) The employer may only rely solely
of subregulations (1), (2) and (3), or primarily on the use of
an employer, when determining information, instruction or training
any measure to control any risk to control a risk if none of the
of musculoskeletal disorder, must measures set out in
address the following factors— subregulation (2) is reasonably
(a) postures; and practicable.
(b) movements; and (5) Without affecting the generality
(c) forces; and of subregulations (1), (2), (3)
and (4), the employer, when
(d) duration and frequency
determining any measure to
of the task; and
control a risk of a
musculoskeletal disorder, must
take into account the following—
cont’d cont’d
24

(e) environmental conditions (a) postures;
including heat, cold and (b) movements;
vibration that act directly (c) forces;
on a person undertaking (d) duration and frequency
the task. of the hazardous manual
handling;
(e) environmental conditions
including heat, cold and
vibration that act directly
on a person undertaking
hazardous manual handling.
3.1.3(1) Review of risk control 28(1) Review of risk control measures No change to duty holder
measures requirements.
(1) An employer must ensure that (1) An employer must review and, The provision requiring review of a
any measures implemented to if necessary, revise any measures risk control measure before an object
control risks in relation to implemented to control risks is used for another purpose than that
musculoskeletal disorders are under regulation 27— for which it was designed has been
reviewed and, if necessary, (a) before any alteration is removed.
revised— made to any thing, process However 28(1)(a) maintains the
(a) before any alteration is or system of work involving requirement for an employer to review
made to objects used in hazardous manual handling, a risk control measure before any
a workplace or to systems including a change in the change to a thing or a system of work,
of work that include a task place where that work is which would include the scenario
involving hazardous manual undertaken; or where an object is used in a different
handling, including a (b) if new or additional way or for a different purpose.
change in the place where information about
that task is undertaken; or hazardous manual handling
(b) before an object is used for becomes available to the
another purpose than that employer; or
for which it was designed (c) if an occurrence of a
if that other purpose may musculoskeletal disorder
result in an employee at a workplace is reported
carrying out hazardous by or on behalf of an
manual handling; or employee; or
(c) if new or additional (d) after any incident occurs
information about to which Part 5 of the Act
hazardous manual handling applies that involves
being associated with a hazardous manual handling;
task becomes available to or
the employer; or
(d) if an occurrence of a
musculoskeletal disorder
in a workplace is reported
by or on behalf of an
employee; or
cont’d cont’d
25

(e) after any incident occurs (e) if, for any other reason,
to which Part 5 of the Act the risk control measures
applies that involves do not adequately control
hazardous manual handling; the risks; or
or (f) after receiving a request
(f) if, for any other reason, the from a health and safety
risk control measures do representative.
not adequately control the (2) A health and safety
risks; or representative may make
(g) after receiving a request a request under subregulation
from a health and safety (1)(f) if the health and safety
representative. representative believes on
(2) A health and safety reasonable grounds that—
representative may make a (a) any of the circumstances
request under subregulation referred to in subregulation
(1)(g) if the health and safety (1)(a) to (e) exists; or
representative believes on (b) the employer has failed—
reasonable grounds that— (i) to properly review the
(a) any of the circumstances risk control measures;
referred to in or
subregulations (1)(a) to (ii) to take account
(1)(f) exists; or of any of the
(b) the employer has failed— circumstances
(i) to properly review the referred to in
risk control measures; subregulation (1)(a)
or to (e) in conducting
(ii) to take account of any a review of, or
of the circumstances revising, the risk
referred to in control measures.
subregulations (1)(a)
to (1)(f) in conducting
a review of, or
revising, the risk
control measures.
Part 3.2—Noise Part 3.2—Noise Part 3.2—Noise
Division 2—Duties of employers Division 3—Audiometric tests and Division 3—Audiometric tests and
audiological examinations audiological examinations
3.2.12 Audiological examinations 38 Audiological examinations Change to duty holder requirements.
If the results of 2 consecutive If the results of 2 or more audiometric An audiological examination is
audiometric tests of an employee tests of an employee under regulation required when there is a reduction
under regulation 3.2.11 indicate a 37 during a period not exceeding in hearing level of 15dB or more over
reduction in hearing levels equal to or 2 years indicate a reduction in hearing a two year period, regardless of how
greater than 15dB at 3000 Hz, 4000 levels equal to or greater than 15 many tests are undertaken over
Hz or 6000 Hz, the employer must decibels at 3000 hertz, 4000 hertz that period.
provide for the employee to undergo or 6000 hertz, the employer must
an audiological examination as soon provide for the employee to undergo
as is reasonably possible. an audiological examination as soon
as reasonably possible.
26

Part 3.3—Prevention of Falls Part 3.3—Prevention of Falls Part 3.3—Prevention of Falls
3.3.1 Application of Part 41 Application of Part No change to duty holder
requirements.
No equivalent provision. (1) This Part applies to the As an employer, in addition to specific
prevention of falls. duties that apply under Part 3.3 in
relation to falls above 2 metres, you
Notes
have a general duty to provide and
1. A fall in this Part means an
maintain a working environment that
involuntary fall of more than
is safe and without risks to health,
2 metres (see the definition
so far as is reasonably practicable.
of fall in regulation 5).
That duty means you must control
2. Section 21 of the Act
risks associated with falls of two
imposes duties on
metres or less so far as is reasonably
employers to, so far as is
practicable. The note at regulation 41
reasonably practicable,
clarifies this requirement under the
provide and maintain a
Act.
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.
27

Part 3.4—Confined Spaces Part 3.4—Confined Spaces Part 3.4—Confined Spaces
Division 2—Duties of designers, Division 2—Duties of designers, Division 2—Duties of designers,
manufacturers and suppliers of plant manufacturers and suppliers of plant manufacturers and suppliers of plant
3.4.4 Suppliers 53 Suppliers Change to duty holder requirements.
(1) A supplier of plant that includes, A supplier of plant that includes, or is As a supplier of plant, you no longer
or is intended to include, a intended to include, a confined space have a duty to ensure so far as is
confined space must ensure, so must ensure, so far as is reasonably reasonably practicable, that the need
far as is reasonably practicable, practicable, that the plant has been to enter a confined space is eliminated
that the plant has been designed designed and manufactured in or reduced. The duty continues to be
and manufactured in accordance accordance with regulations 51 held by the designers and
with regulations 3.4.2 and 3.4.3 and 52 before the plant is supplied. manufacturers of the plant.
before the plant is supplied. The provision was removed from the
(2) If it is not reasonably practicable regulations as it was unclear how
for a supplier to comply with a supplier would be capable of
subregulation (1), the supplier discharging this duty in practice.
must ensure, before the plant
is supplied, that—
(a) the need for any person to
enter the confined space
is eliminated so far as is
reasonably practicable; or
(b) if it is not reasonably
need to enter the space—
(c) the need to enter is
reduced so far as is
reasonably practicable; and
(d) any risk associated with the
means of entry to and exit
from the space is
eliminated so far as is
reasonably practicable or,
if it is not reasonably
practicable to eliminate
the risk, reduced so far as
is reasonably practicable.
28

Division 3—Duties of employers Division 3—Duties of employers and Division 3—Duties of employers and
self-employed persons self-employed persons
3.4.15 Employer to retain entry 64 Employer to keep entry permits Change to duty holder requirements.
permits
An employer must retain each An employer must keep each confined As an employer, you no longer have
confined space entry permit issued space entry permit issued by the a duty to retain a ‘confined space
by the employer for 30 days from the employer— entry permit’ for 30 days.
date on which the permit ceases to (a) until the work to which it Instead you are required to retain
be in operation. relates is completed; or each confined space entry permit:
(b) if a notifiable incident •• until the work is completed; or
occurs in connection with •• for two years in the event of a
the work to which the notifiable incident.
permit relates, for at least 2
years after the date on
which the incident occurs.
Part 3.5—Plant Part 3.5—Plant Part 3.5—Plant
Division 2—Duties of designers Division 2—Duties of designers Division 2—Duties of designers
Division 4—Duties of suppliers Division 4—Duties of suppliers of Division 4—Duties of suppliers
of plant plant of plant
3.5.6(1) Operational stop controls 79(1) Emergency stop devices Change to duty holder requirements.
and emergency stop devices
(1) If plant is designed to be (1) A designer of plant that is As a designer of plant, you can now
operated or attended by more designed to be operated or refer solely to regulation 78 for the
than one person and more than attended by more than one design requirements for all operator
one stop control is fitted, the person and has more than one controls including operational stop
designer of the plant must emergency stop device fitted controls and solely to regulation 79
ensure that the design provides must ensure that the design for the design of emergency stop
for the multiple stop controls to provides for the emergency devices. Previously design duties for
be of the “stop and lock-off” type stop devices to be of the type operational stop controls in the
so that the plant cannot be that ensures that, if an OHS Regulations 2007 were
restarted after a stop control has emergency stop device has been covered by both regulations 3.5.5
been used unless each stop used, the plant can be restarted and 3.5.6 which led to inconsistency
control is reset. only if— and confusion as to design
(a) that emergency stop device requirements.
is manually reset; and Changes have been made to reflect
(b) the start function is the intent of the regulations, reflect
manually activated. industry standards and practice, and
clarify the specific design
requirements for operational stop
controls and emergency stop devices.
cont’d
29

The design must now provide for
emergency stop devices to be of
the type that ensures that, if an
emergency stop device has been used,
the plant cannot be restarted until that
emergency stop device is manually
reset and the start function is manually
activated, (‘latch in’ type and not of
a ‘stop and lock off’ type) if the plant
is designed to be operated by more
than one person and more than one
emergency stop device is fitted.
This means the emergency stop
devices must be a ‘latch in’ type and
not of a ‘stop and lock off’ type.
Operator controls including operational
stop controls must be of the type to
ensure that they can be locked into
the ‘off’ position.
3.5.10(1) Records and information 83(1) Records and information Change to duty holder requirements.
(designer) (designer)
(1) If the design of plant is required (1) A designer of plant that is As a designer of plant that is required
to be registered under Part 6.2 required to be registered under to be registered, you no longer have
(Registration), the designer of Part 6.2 (Registration) must a duty to keep copies of the
that plant must make a record record— information provided to the
that contains— (a) the method used to manufacturer. This reduces duplication
(a) a record of the method determine the risk control of records as under Regulation 87
used to determine the risk measures for the plant; and manufacturers are required to keep
controls for the plant and (b) the risk control measures information provided by the designer.
the risk controls that result that result from the However, in relation to plant that is
from that determination; determination. required to be registered, you will still
and need to make a record of the method
(b) a copy of the information used to determine the risk control
provided to a manufacturer measures for the plant and the risk
under section 27(1)(c) of control measures that result from
the Act in relation to that the determination.
plant; and
(c) a copy of the information
provided to a manufacturer
under regulation 3.5.8 in
relation to that plant; and
(d) if applicable, a copy of the
information provided to a
manufacturer under
regulation 3.5.9 in relation
to that plant.
30

(designer) (designer)
(2) A designer of plant must ensure (2) A designer of plant must keep As a designer of plant where you are
that the record made under any record made under required by Part 3.5 to keep records,
subregulation (1) is retained in subregulation (1) available for you will now have a duty to keep those
a suitable state for inspection inspection by the Authority for records for seven years instead of ten
by the Authority for a period of a period of 7 years after the years.
10 years after the date of date of registration of the The reduction in the time required
registration of the design of design of the plant under to keep records applies to:
the plant under Part 6.2 Part 6.2 (Registration). •• records of the method used to
(Registration). 84(3) Record of standards or determine risk control measures for
3.5.11(3) Record of standards or engineering principles used plant and the resultant risk control
engineering principles used (designer) measures from the determination
(designer) (3) A designer of plant must keep (designer)
(3) A designer of plant must ensure any record made under this •• records of published technical
that the records made under regulation available for inspection standards or engineering principles
subregulations (1) and (2) are by the Authority or the person used in designing the plant
retained in a suitable state for who verified the design of the (designer).
inspection by— plant under regulation 509, for
(a) the Authority; or a period of 7 years after the later
(b) the person who verified the of—
design of that plant under (a) the date on which the
regulation 6.2.3 — design or information about
for a period of 10 years after the design is given to the
the date on which the design or manufacturer under
information about the design is regulation 81; or
made available to a manufacturer (b) if applicable, the date on
under regulation 3.5.8 or 3.5.9. which revised information
is given to the manufacturer
under regulation 82.
(manufacturer) (manufacturer)
(2) A manufacturer of plant must (2) A manufacturer of plant must As a manufacturer of plant where
ensure that the records and keep the records and information you are required by Part 3.5 to keep
information referred to in referred to in subregulation (1) records, you will now have a duty to
subregulation (1) are retained available for inspection by the keep those records for seven years
in a suitable state for inspection Authority for a period of 7 years instead of ten years.
by the Authority for a period of after the date of manufacture The reduction in the time required to
10 years after the date of of the plant. keep records applies to:
manufacture of the plant. •• records of published technical
standards used to manufacture
the plant (manufacturer)
•• information in relation to the plant
given to the manufacturer by a
designer (manufacturer).
31

3.5.13(a) Information must be These provisions have been removed. Change to duty holder requirements.
obtained and provided (manufacturer)
A manufacturer of plant must— As a supplier and manufacturer of
(a) take all reasonable steps to obtain plant, you no longer have a duty to
the information required to be ‘obtain information’. This provision
provided to the manufacturer by was removed to maintain the focus
the designer of the plant under on the provision of information.
section 27(1)(c) of the Act and A manufacturer still has duties under
regulation 3.5.8; regulation 86 to give prescribed
3.5.17(1)(a)(i) Information to be information when the manufacturer
obtained and provided (supplier) supplies the plant.
A supplier of new plant still has duties
(1) A supplier of plant must—
under regulation 89 to give prescribed
(a) in the case of new plant—
information when supplying the plant.
(i) take all reasonable
steps to obtain the
information required
to be provided to the
supplier by a
manufacturer under
sections 29(1)(c)(i)
and 29(1)(c)(iii) of the
Act and regulation
3.5.13;
3.5.16 General duties (suppliers of This regulation has been removed. No change to duty holder
plant) requirements.
(1) A supplier of plant must ensure Although the regulation has been
that the hazard identification and removed, as a supplier of plant,
control of risk measures set out you still have general duties under
in Divisions 2 and 3 have been section 30 of the Occupational
carried out in relation to the Health and Safety Act 2004 (OHS
design and manufacture of the Act). This includes a duty to ensure,
plant before the plant is supplied. so far as is reasonably practicable,
(2) This regulation does not apply that plant you supply is safe and
to a requirement that may be without risks to health if it is used for
placed on a supplier in relation to a purpose for which it was designed,
the fitting of roll-over protection manufactured or supplied.
on a tractor that conveys its
power to the ground directly
by wheels.
32

Division 5—Duties of employers who Division 5—Duties of employers and Division 5—Duties of employers and
use plant self-employed persons who use plant self-employed persons who use plant
Division 6—Duties of self-employed
persons
3.5.24(3) Control of risk 98(4) Control of risk No change to duty holder
requirements.
(3) If it is not reasonably practicable (4) If the employer or self-employed The provision has been redrafted
for an employer to reduce a person has complied with to confirm that the employer or
risk associated with plant in subregulations (1), (2) and (3) so self-employed person is responsible
accordance with subregulation far as is reasonably practicable for providing appropriate personal
(2), the employer may control and a risk associated with plant protective equipment where that
that risk by the use of remains, the employer or self- equipment is used as a measure
administrative controls or employed person must reduce to control risk.
personal protective equipment. the risk so far as is reasonably The control of risk provision has
practicable by providing been drafted to be consistent with
appropriate personal protective similar provisions in other Parts of the
equipment to persons at risk. OHS Regulations 2017 that provide
for personal protective equipment as
a risk control measure.
3.5.27(1) Operational stop controls 102(1) Specific risk control measures Change to duty holder requirements.
and emergency stop devices - Emergency stop devices
(1) If plant is designed to be (1) If plant is designed to be As an employer or self-employed person,
operated or attended by more operated or attended by more you can now solely refer to regulation
than one person and more than than one person and more than 101 for your duties in regards to all
one stop control is fitted, the one emergency stop device is operator controls including operational
employer must ensure that the fitted, the employer or self- stop controls and solely to regulation
multiple stop controls are of the employed person must ensure 102 for emergency stop devices.
“stop and lock-off” type so that that the emergency stop devices Previously employer duties in regard to
the plant cannot be restarted are of the type that ensures that, operational stop control controls were
after a stop control has been if an emergency stop device has covered by both regulations 3.5.26 and
used unless each stop control been used, the plant can be 3.5.27 which led to inconsistency and
is reset. restarted only if— confusion as to requirements.
(a) that emergency stop device Changes have been made to reflect the
is manually reset; and intent of the regulations, reflect industry
(b) the start function is standards and practice, and clarify the
manually activated. specific requirements for operational stop
controls and emergency stop devices.
Emergency stop devices must now be
of the type that ensures that, if an
emergency stop device has been used,
the plant cannot be restarted until that
emergency stop device is manually
reset and the start function is manually
activated, if the plant is designed to
be operated by more than one person
and more than one emergency stop
device is fitted.
cont’d
33

This means the emergency stop
devices must be a ‘latch in’ type and
not of a ‘stop and lock off’ type.
Operator controls including operational
stop controls must be of the type to
ensure that they can be locked into
the ‘off’ position.
3.5.31 Record of inspections and 106 Record of inspection and Change to duty holder requirements.
maintenance maintenance
An employer must ensure that any An employer or self-employed person Chairlifts have been added to the list
record of inspections and maintenance must keep a record of any inspection of plant subject to record of inspection
carried out on the following plant is and maintenance carried out on the and maintenance requirements. The
retained for the period that the following plant for the period that the addition was made by the insertion
employer has management or control employer or self-employed person has of a cross-reference to clause 1.15
of the plant— management or control of the plant— of Schedule 2 in regulation 106(a)
(a) the plant referred to in (a) the plant referred to in of the OHS Regulations 2017.
items 1.2, 1.3, 1.5, 1.14 clauses 1.3, 1.5, 1.14, 1.15 As an employer or self-employed
and 1.16 of Schedule 2; and 1.16 of Schedule 2; person, you have a duty to ensure
that a record of any inspection and
maintenance carried out on a chairlift
is retained for the period that you have
management or control of the chairlift.
A consequence of this change is that
the incident notification provision
(regulation 124) will apply to chairlifts.
Duty holders will be required to notify
WorkSafe of any incident that exposes
a person in the immediate vicinity to
an immediate risk to the person’s
health or safety through the collapse,
overturning, failure or malfunction of,
or damage to, chairlifts. The duty under
section 39 of the Occupational Health
and Safety Act 2004 to preserve
incidents sites will also apply to
such incidents.
34

Division 6—Duties of self-employed Division 5—Duties of employers and Division 5—Duties of employers and
persons self-employed persons who use plant self-employed persons who use plant
No equivalent regulation. 119 Tower cranes Change to duty holder requirements.
(1) An employer or self-employed As an employer or self-employed
person must ensure that any person, you now have a duty to ensure
tower crane is erected on a that any tower crane is erected on
supporting structure or a supporting structure or foundation
foundation that has been that has been designed by an
designed— engineer with relevant knowledge and
(a) by an engineer with experience. Further, you must ensure
relevant knowledge and that the supporting structure or
experience; and foundation has been designed for the
(b) for the specific ground specific ground conditions taking into
conditions at the location; account the configurations and forces
and that were provided for the tower crane
(c) taking into account the when its design was registered.
configurations and forces You also have a duty to ensure that
that were provided for the the placement of any crane ties fitted
tower crane when its to the tower crane has been designed
design was registered. by an engineer with relevant
(2) An employer or self-employed knowledge and experience, taking into
person must ensure that the account the configurations and forces
placement of any crane ties that were provided for the tower crane
fitted to the tower crane has when its design was registered.
been designed— Additionally, you must keep available
(a) by an engineer with for inspection by WorkSafe:
relevant knowledge •• any design information concerning
and experience; and the supporting structure or
(b) taking into account the foundation on which a tower crane
configurations and forces is erected
that were provided for the •• any design information concerning
tower crane when its the placement of any crane ties.
design was registered. This design information must be
120 Employer or self-employed available for inspection by WorkSafe
person to keep certain design while the tower crane is erected on
information available that supporting structure or
foundation.
An employer or self-employed person
must keep any design information The above new design requirements,
concerning the supporting structure including the requirement to keep
or foundation on which a tower crane design information available for
is erected and the placement of any inspection, only apply in relation to
crane ties available for inspection by supporting structures or foundations
the Authority while the tower crane is and crane ties designed on or after
erected on that supporting structure 18 June 2017. These duties would
or foundation. apply when the tower crane is
erected on or after this date.
35

3.5.46 Self-employed person to have No equivalent provisions to regulation No change to duty holder
the same duties as employer 3.5.46(1) and (2). requirements.
(1) A self-employed person must As a self-employed person, where you
comply with the requirements have a duty within Part 3.5 of the OHS
of Division 5 (except regulation Regulations 2017, this duty is now
3.5.45) as if that person were specifically referenced in the relevant
an employer. regulation in Division 5 of Part 3.5,
(2) If a provision of Division 5 is rather than in an overarching provision
an Act compliance provision, like the previous regulation 3.5.46.
compliance by a self-employed Regulation 11 establishes the extent
person with that provision in of your duties under the OHS
respect of a matter is the way Regulations as a self-employed
that the self-employed person person. Regulation 11 has the same
complies with the self-employed effect as previous regulation 3.5.46(3).
person’s duty under section 24
of the Act in respect of that
matter.
(3) A self-employed person’s duties
under this regulation 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.
Schedule 2—Plant requiring Schedule 2—Plant requiring Schedule 2—Plant requiring
registration of design registration of design registration of design
1.2 Tower cranes. 1.2 Tower cranes, other than the Change to duty holder requirements.
foundations or supporting structure
and the crane ties of the tower crane.
There is no longer a requirement to
register the design for the foundations
or supporting structure and crane ties
of a tower crane.
However, there is still a requirement to
register the design of the tower crane
with WorkSafe prior to its use.
1.4 Lifts, other than— 1.4 Lifts, other than the following— Change to duty holder requirements.
(a) platforms for raising or (a) platforms for raising or There is no longer a requirement to
lowering stage performers lowering stage performers register with WorkSafe, the design
and associated equipment; and associated equipment; of lifts which are designed for the
and (b) plant designed only to store transportation of goods alone and
(b) plant designed only to store vehicles in a designated which do not have any operational
vehicles in a designated parking facility; controls within the lift car.
parking facility. cont’d
36

(c) lifts designed to transport
goods only, which do not
have any operational
controls within the lift car,
including dumb waiters.
1.8 Amusement structures to which 1.8 Amusement structures to which Change to duty holder requirements.
AS 3533.1—Amusement rides and AS 3533.1—Amusement rides and
devices—Part 1: Design and devices—Part 1: Design and
construction applies, other than construction applies, other than
the following— the following—
(g) rides or devices that are (g) rides or devices that are There is no longer a requirement to
used as a form of transport, primarily designed as a register the designs of rides or devices
including quad bikes and form of transport or motor primarily designed as a form of motor
snow mobiles; sport, including hovercrafts, sport, including hovercrafts, jet packs,
quad bikes and snow and hover boards.
mobiles;
(h) jet packs and hover boards;
Part 3.6—High Risk Work Part 3.6—High Risk Work Part 3.6—High Risk Work
Division 3—Assessments of Division 3—Assessments of Division 3—Assessments of
competency competency competency
3.6.10 Person may work while 138 Person may work while Change to duty holder requirements.
application is being processed application for high risk work licence
or renewal is being processed
(1) This regulation applies to a (1) A person who has been given If you hold a high risk work licence
person who has been issued a notice of assessment and apply for a licence renewal before
with— (satisfactory) by an authorised the licence expires, you can continue
(a) a statement of attainment; assessor may perform any work to perform work until a renewal is
or to which the notice applies— granted or until 14 days after being
(b) a notice of a satisfactory (a) for 60 days from the date given written notice that the
assessment of competency of issue of the notice; and application has been refused.
under regulation 3.6.7(2) (b) if the person applies for
(a). a licence within that 60 day
(2) The person may perform any period, until—
work to which the statement or (i) the person is granted
notice applies— the licence by the
(a) for 60 days after the date Authority; or
of issue of the statement (ii) 14 days after the
or notice; and person is given written
(b) if the person applies for a notice by the Authority
licence within that 60 day that the application
period, until he or she is has been refused.
granted the licence or until
14 days after he or she is
given written notice that
the application has been
refused. cont’d
37

(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 3—Assessments of Division 4—Authorisation of Division 4—Authorisation of
competency assessors assessors
3.6.11 Authorisation to carry out 139 Authorisation to carry out No change to duty holder
assessments of competency assessments of competency requirements.
(1) The Authority may authorise (1) The Authority may authorise a A new provision in regulation 139
a person to carry out person to carry out assessments confirms that WorkSafe may
assessments of competency of competency in relation to impose terms and conditions when
in relation to a class or classes a class or classes of high risk it authorises a person to carry out
of risk work for the purpose of work for the purpose of these assessments of competency in
these Regulations, for a Regulations, for a specified regards to a class or classes of
specified period of time. period. high risk work.
(2) The authorisation must be in Note Duty holders are provided with
writing and specify the class Person includes a body additional transparency that the
or classes of high risk work to corporate, unincorporated body authorisation process may involve
which it applies. or association and a partnership WorkSafe imposing terms and
(see section 5(1) of the Act). conditions on an authorisation.
(2) The authorisation must be in The new note clarifies that
writing and specify the relevant organisations (such as Registered
class or classes of high risk work Training Organisations) as well as
to which it applies. individuals can be authorised by
WorkSafe to be assessors.
(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.
38

Schedule 3—High risk work licence Schedule 3—High risk work licence Schedule 3—High risk work licence
classes classes classes
scaffolding and rigging scaffolding and rigging scaffolding and rigging
Item 5 Dogging Licence Item 4 Dogging Licence No change to duty holder
requirements.
The scope of work for this licence is The scope of work for this licence As a high risk licence holder, you
the application of slinging techniques is dogging work. need to be aware of the licence
including the selection and inspection 5 Definitions – dogging work scope statement for a dogging licence.
of lifting gear and the directing of the In the OHS Regulations 2017, it has
dogging work means one or both
crane or hoist operator in the been aligned with the definition of
of the following—
movement of the load including when ‘dogging work’ to provide clarity
the load is out of view of the operator. (a) the application of slinging
around your requirements.
techniques, including the
Item 1 Definitions - dogging selection or inspection of
dogging means the application lifting gear, to sling a load;
of slinging techniques, including the (b) the directing of a crane
selection or inspection of lifting gear, or hoist operator in the
or the directing of a crane or hoist movement of a load when
operator in the movement of a load the load is out of the
when the load is out of the operator’s operator’s view;
view.
Part 2—Licence classes for crane, Part 2—Licence classes for crane, Part 2—Licence classes for crane,
hoist and fork-lift truck operation hoist and fork-lift truck operation hoist and fork-lift truck operation
Item 9 Definitions – fork-lift truck 5 Definitions Change to duty holder requirements.
fork-lift truck means a powered forklift truck, in Part 3.6 (High risk As a forklift truck licence holder,
industrial truck equipped with a mast work) and Schedule 3, means a you no longer require a high risk
and an elevating load carriage to powered industrial truck equipped with licence to operate a pallet truck that
which is attached a pair of fork arms a mast and an elevating load carriage is unable, by design, to raise its fork
or other load holding attachment, to which is attached a pair of fork arms arms 900 mm or more above the
including a truck on which the or other load holding attachment, ground. You are still required to have
operator is raised with the but does not include the following— a high risk licence for a forklift truck.
attachment for order-picking, (a) a pedestrian operated This change to the regulations has
but does not include— industrial truck; come with the removal of the
(a) a pedestrian operated (b) a pallet truck that is unable, reference to ‘low-lift pallet trucks’
industrial truck; by design, to raise its fork from the definition of a ‘forklift truck’.
or arms 900 mm or more This change applies to existing licence
(b) a tractor fitted with a pair above the ground; holders as well as to new licence
of fork arms or other load (c) an order-picking forklift holders.
holding attachment. truck;
(d) a tractor fitted with a pair
of fork arms or other load
holding attachment;
cont’d
39

No equivalent definition of pallet truck. 5 Definitions – pallet truck
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 means of a fork (pair of fork arms)
which is adjustable in elevation.
Item 14 Bridge and gantry crane Item 12 Bridge and gantry crane Change to duty holder requirements.
operation licence operation licence
The scope of the work for this licence The scope of the work for this licence If you hold a bridge and gantry
covers the operation of bridge and covers the following— crane operation licence, you can
gantry cranes. (a) the operation of bridge now apply load estimation and
cranes and gantry cranes slinging techniques to move a load
that are— using a bridge crane or gantry crane.
(i) controlled from a Previously, this work could only be
permanent cabin or performed by a person holding a
control station on dogging licence.
the crane; or This change applies to existing
(ii) remotely controlled licence holders as well as to new
and have more than licence holders.
3 powered operations;
and
(b) the application of load
estimation and slinging
techniques to move a load
using a bridge crane or
gantry crane.
Item 15 Vehicle loading crane Item 13 Vehicle loading crane Change to duty holder requirements.
The scope of the work for this licence The scope of the work for this licence If you hold a vehicle loading crane
covers the operation of vehicle loading covers the operation of vehicle loading operation licence, you can apply load
cranes. cranes and includes the application estimation and slinging techniques
of load estimation and slinging to move a load with a vehicle
techniques to move a load using loading crane.
a vehicle loading crane. However, if you hold a slewing mobile
crane operation licence, you can no
longer apply load estimation or
slinging techniques to move a load
with a vehicle loading crane. But,
you can still operate a vehicle
loading crane.
This change has been made to each
of the slewing mobile crane licence
classes.
cont’d
40

This change applies to existing licence
holders as well as to new licence
holders.
Item 16 Non-slewing mobile crane Item 19 Reach stacker operation Change to duty holder requirements.
operation licence licence
The scope of the work for this licence The scope of the work for this licence If you hold a non-slewing mobile
covers the operation of non-slewing covers the operation of reach stackers crane operation licence, you will still
mobile cranes. with a capacity of more than 3 tonnes. be able to operate a reach stacker.
If you want to only operate a reach
stacker, a new licence class
specifically for reach stackers, the
reach stacker operation licence,
has been introduced into the
OHS Regulations 2017.
This new licence class allows you
to train and receive a licence for
operating reach stackers without
having to cover all the competencies
required for a non-slewing mobile
crane operation licence.
The following transitional
arrangements also apply for this
new licence class.
You can apply for the new reach
stacker operation licence class on
and from 18 June 2018. Until that
date the existing licence requirements
continue.
If you hold a non-slewing mobile crane
operation licence you can still operate
a reach stacker when the new licence
class commences.
These changes apply to existing
licence holders as well as to new
licence holders.
For further information about
the changes to licensing,
visit worksafe.vic.gov.au
41

Item 27 Order-picking forklift truck Item 25 Order-picking forklift truck Change to duty holder requirements.
The scope of the work for this licence The scope of the work for this licence If you operate order-picking forklift
covers the operation of order-picking covers the operation of order-picking trucks capable of being raised
fork-lift trucks. forklift trucks with fork arms or other 900 mm or more above the ground,
loadholding attachments that can be you are required to hold an order-
raised 900mm or more above the picking forklift truck operation licence.
ground. If you operate order-picking forklift
Note trucks that lift less than 900 mm,
1. The scope of the work for this you are no longer required to hold
licence does not include the a high risk work licence.
operation of a forklift truck. This change applies to existing
2. No high risk work licence is licence holders as well as to new
required to operate an licence holders.
order-picking forklift truck For further information about changes
with fork arms or other to licensing, visit worksafe.vic.gov.au
loadholding attachments that
cannot be raised 900mm or
more above the ground.
pressure equipment operation pressure equipment operation pressure equipment operation
29 Basic boiler operation licence Item 26 Standard boiler operation Change to duty holder requirements.
licence
The scope of the work for this licence The scope of the work for this licence If you hold a boiler operation licence,
covers the operation of boilers with covers the operation of a boiler with on and from 18 June 2018:
the following features— a single fuel source that does not have •• a valid basic boiler operation
(a) single fixed combustion a pre-heater, re-heater, superheater or licence is taken to be a standard
air supply; and economiser attached (a standard boiler operation licence;
(b) non-modulating single boiler). •• a valid intermediate boiler operation
heat source; and Item 27 Advanced boiler operation licence is taken to be a standard
(c) fixed firing rate. licence boiler operation licence, and
30 Intermediate boiler operation The scope of the work for this licence •• a valid advanced boiler operation
licence is— licence is taken to be an advanced
The scope of the work for this licence (a) the scope of work included boiler operation licence under the
covers the operation of boilers with in the standard boiler OHS Regulations 2017.
any or all of the following features— operation licence; and While an intermediate boiler operation
(a) modulating combustion (b) the operation of boilers, licence will be taken to be a standard
air supply; which may have one or boiler operation licence, those licence
(b) modulating heat source; more of the following— holders can still continue to operate
(i) multiple fuel sources; the same boilers that are in the
(c) superheaters;
(ii) pre-heater; intermediate class until 18 June 2019
(d) economisers.
(iii) re-heater;
(iv) superheater;
(v) economiser.
cont’d cont’d
42

The scope of the work for this licence On and from 19 June 2019,
includes the scope of the work for the an advanced boiler operation licence
basic boiler operation licence. is required to operate boilers with
31 Advanced boiler operation licence multiple fuel sources, pre-heater,
re-heater, superheater or an
The scope of the work for this licence
economiser.
covers the operation of boilers with
Transitional provisions provide that
the same features as intermediate
from 18 June 2017 until 17 June
boiler operation and with multiple
2018 the existing licence classes
fuel type which may be fired
still apply.
simultaneously during normal
operation. This does not include For further information about changes
boilers which change fuel type to licensing, visit worksafe.vic.gov.au
during their start sequence.
The scope of the work for this licence
includes the scope of the work for the
intermediate boiler operation licence.
Schedule 4—Pressure equipment for Schedule 4—Pressure equipment for Schedule 4—Pressure equipment for
which high risk work licence is not which high risk work licence is not which high risk work licence is not
required required required
Item 2.1 Pressure equipment for Item 1 Boilers having less than 5 Change to duty holder requirements.
which high risk work licence is not square metres of heating surface.
required
Boilers having not more than You no longer require a high risk work
4·6 square metres of heating licence to operate boilers having less
surface used in dairying, agriculture, than five square metres of heating
horticulture, viticulture, apiculture surface, regardless of the industry
or pastoral enterprises. in which they are used.
These changes apply to existing
licence holders as well as to new
licence holders.
For further information about changes
to licensing, visit worksafe.vic.gov.au
43

Chapter 4—Hazardous substances Chapter 4—Hazardous substances Chapter 4—Hazardous substances
and materials and materials and materials
Part 4.1—Hazardous substances Part 4.1—Hazardous substances Part 4.1—Hazardous substances
and suppliers and suppliers and suppliers
4.1.4 Determination of hazardous 143 Determination of hazardous Change to duty holder requirements.
substances substances
(1) A manufacturer or an importing (1) A manufacturer or an importing As a manufacturer or an importing
supplier of a substance must supplier of a substance must supplier of a hazardous substance,
determine whether a substance determine whether a substance you must now label, develop safety
is a hazardous substance before is a hazardous substance before data sheets and classify the substance
the substance is first supplied to the substance is first supplied using the Globally Harmonized System
a workplace. to a workplace. of Classification and Labelling of
(2) Subregulation (1) does not apply (2) Subregulation (1) does not apply Chemicals (GHS) terminology.
to a substance if a determination to a substance if a determination A manufacturer or importing supplier
in relation to that substance has in relation to the substance has must refer to the GHS, as modified
already been made under already been made under by Schedule 7 in making their
equivalent legislation. equivalent legislation. determination.
The terminology taken from the
Approved Criteria for Classifying
Hazardous Substances no longer
applies.
Classifications, safety data sheets and
labels developed under equivalent
legislation in other jurisdictions (e.g.
the Model Work Health and Safety
Regulations) are acceptable under
the regulations.
4.1.6 What must an MSDS contain? 145 What must a safety data sheet Change to duty holder requirements.
contain?
(1) The Material Safety Data Sheet (1) The safety data sheet for As a manufacturer or importing
for a hazardous substance must a hazardous substance must supplier developing safety data
be in English and be legible and contain the following— sheets, you are required to prepare
must contain— (a) the product identifier and update your documents to only
(a) the product name of the and chemical identity use the Globally Harmonized System
substance; and of the substance; of Classification and Labelling of
(b) the name, address and (b) the name, address and Chemicals (GHS) terminology and
telephone number of— telephone number of— concepts.
(i) the manufacturer (i) the manufacturer The term Material Safety Data Sheet
of the substance of the substance in (MSDS) has now also been replaced
in Australia; or Australia; or with the GHS term ‘safety data sheet’.
(ii) the importing supplier (ii) the importing supplier
in Australia of the of the substance in
substance; and Australia;
cont’d cont’d
44

(c) an Australian telephone (c) an Australian telephone
number where information number where information
about the substance can be about the substance can be
obtained in an emergency; obtained in an emergency;
and (d) the date of preparation or
(d) the date of preparation or last review of the safety
last review of the MSDS; data sheet;
and (e) the hazard identification for
(e) a statement that the the substance determined
substance is a hazardous in accordance with the
substance; and GHS;
(f) the hazard classification of (f) the hazard statement and
the substance determined precautionary statement
in accordance with— for the substance;
(i) the HSIS; or (g) composition of and
(ii) the Approved Criteria information about
for Classifying ingredients, in accordance
Hazardous with Schedule 8;
Substances; or (h) first aid measures;
(iii) the GHS; and (i) fire fighting measures;
(g) the risk phrase and safety (j) accidental release
phrase for the substance; measures;
and (k) exposure controls, exposure
(h) the chemical name for standards (if any),
each Type I ingredient; and engineering controls and
(i) for each Type II ingredient— personal protection
(i) its chemical name; or information;
(ii) if the identity of the (l) information relating to
ingredient is handling and storage,
commercially including how the
confidential, its substance may be safely
generic name; and used;
(j) for each Type III ingredient (m) disposal considerations;
which has a known (n) information relating to the
synergistic effect with physical and chemical
another ingredient that properties of the substance;
makes up the hazardous (o) stability and reactivity
substance— information;
(p) toxicological information,
including health effects.
cont’d cont’d
45

(i) its chemical name; or (2) The safety data sheet must be
(ii) if the identity of the in English and legible.
ingredient is (3) A manufacturer or importing
commercially supplier may prepare a safety
confidential, its data sheet with the information
generic name; and required by subregulation (1) in
(k) the proportion or proportion languages in addition to English.
ranges for each ingredient
identified in paragraphs (h),
(i) and (j); and
(l) first aid measures to be
taken in the event of an
incident or exposure
involving the substance;
and
(m) emergency procedures
to apply in the event of
an incident or exposure
involving the substance;
and
(n) precautions for the safe
use of the substance
including engineering
controls and personal
protective equipment; and
(o) precautions for the safe
storage and disposal of the
substance; and
(p) the exposure standard (if
any) for the substance or
its ingredients; and
(q) the physical and chemical
properties of the substance
or its ingredients including
any hazardous
decomposition products
likely to be generated
during normal use; and
(r) information on the health
effects of the substance
or its ingredients.
46

4.1.9 Manufacturers and importing 149 Manufacturers and importing Change to duty holder requirements.
suppliers must label containers suppliers must label containers
(1) A manufacturer or an importing (1) A manufacturer or an As a manufacturer or importing
supplier of a hazardous importing supplier of a hazardous supplier developing labels, you are
substance must label any substance must correctly label required to prepare and update
container that contains a any container that contains your labels to only use the Globally
hazardous substance in a hazardous substance in Harmonized System of Classification
accordance with subregulation accordance with subregulations and Labelling of Chemicals (GHS)
(3) before the substance (3), (4) and (5) before the terminology and concepts.
is supplied to a workplace. substance is supplied to
(2) Subregulation (1) does not a workplace.
apply if a container of hazardous (2) Subregulation (1) does not apply
substance is supplied to a if a container that contains a
workplace for the purposes hazardous substance is supplied
of affixing the label in order to a workplace for the purposes
to comply with this regulation. of affixing the label in order to
(3) The label must be in English, comply with this regulation.
be legible and be firmly secured, (3) Subject to subregulation (4), the
and must contain— label must contain the following—
(a) the product name of the (a) the product identifier of the
hazardous substance; and hazardous substance;
(b) the name, address and (b) the name, address and
telephone number of— telephone number of—
(i) the manufacturer of (i) the manufacturer
the substance in of the substance
Australia; or in Australia; or
(ii) the importing supplier (ii) the importing supplier
of the substance in of the substance in
Australia; and Australia;
(c) the chemical name for (c) for each ingredient of the
each Type I ingredient; and hazardous substance—
(d) for each Type II ingredient— the identity and proportion
(i) its chemical name; or which must be disclosed
(ii) if the identity of the in accordance with
ingredient is Schedule 8;
commercially (d) any hazard pictogram
confidential, its consistent with the correct
generic name; and classification of the
substance;
cont’d cont’d
47

(e) any relevant health and (e) any hazard statement,
safety information about signal word and
the substance, including precautionary statement
the substance’s risk consistent with the correct
phrases and safety phrases, classification of the
unless the container is so substance.
small that it is not practical (4) If a hazardous substance is
to provide that information; packed in a container that is too
and small for a label attached to it
(f) the word “hazardous” to include all the information
clearly and prominently referred to in subregulation (3),
displayed. the label must contain the
(4) Nothing in subregulation (1) following—
prevents a manufacturer or (a) the product identifier of
importing supplier from labelling the hazardous substance;
a container with the information (b) the name, address and
required by that subregulation in telephone number of—
appropriate languages in addition (i) the manufacturer
to English. of the substance in
Australia; or
(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.
48

4.1.10 Recognition of other labelling 150 Recognition of other labelling Change to duty holder requirements.
systems systems
(1) A manufacturer or an importing (1) A manufacturer or an importing As a manufacturer or an importing
supplier of a hazardous supplier of a hazardous supplier of a hazardous substance,
substance need not comply substance need not comply you can continue to use the
with regulation 4.1.9 (other with regulation 149 if— Australian Pesticides and Veterinary
than subregulation (3)(f)) if— (a) the container is labelled in Medicines Authority (APVMA)
(a) the container is labelled in accordance with equivalent approved labels. However, you are
accordance with equivalent legislation including, if also now required to apply the Globally
legislation; or required under that Harmonized System of Classification
(b) the container is labelled in equivalent legislation, the and Labelling of Chemicals (GHS),
English in accordance with clear and prominent display hazard and precautionary statements.
the GHS and contains the of signal words; or Exemptions are in place for certain
name, address and (b) in the case of an prescription only veterinary medicines
telephone number of— agricultural or veterinary from the requirement to include hazard
(i) the manufacturer chemical— and precautionary statements.
of the substance in (i) the container is The OHS Regulations 2017 now also
Australia; or labelled in accordance exempt hazardous substances labelled
(ii) the importing supplier with the Agricultural in accordance with the Poisons
of the substance in Labelling Code and Standards only where it is reasonably
Australia; or the Veterinary foreseeable that the substance will be
(b) the substance is an Labelling Code of the used in a workplace in a quantity and
agricultural chemical Australian Pesticides in a way consistent with household
product within the meaning and Veterinary use, and in a way that is incidental to
of the AgVet Code of Medicines Authority, the nature of the work carried out by
Victoria and the container is as in force from time the worker.
labelled in accordance with to time; and In all other instances, the substance
the Ag Labelling Code; or (ii) the label is in English must be labelled in accordance with
(c) the substance is a and legible; and the regulations.
veterinary chemical product (iii) the label is firmly
within the meaning of the secured to the
AgVet Code of Victoria and container; and
the container is labelled in (iv) the label includes
accordance with the Vet any hazard statement
Labelling Code; or consistent with the
(d) the substance is correct classification
“therapeutic goods” within of the chemical; and
the meaning of the (v) the label includes any
Therapeutic Goods precautionary
(Victoria) Act 1994 and statement consistent
the container is labelled in with the correct
accordance with an order classification of the
in force under section 10 chemical; or
of the Therapeutic Goods
Act 1989 of the
Commonwealth; or
cont’d cont’d
49

(e) the substance is a poison (c) in the case of a substance
or controlled substance that is “therapeutic goods”
within the meaning of the within the meaning of the
Drugs, Poisons and Therapeutic Goods Act
Controlled Substances Act 1989 of the
1981 and the container is Commonwealth, the
labelled in accordance with container is labelled in
the Poisons Standard within accordance with an order
the meaning of Part 6-3 of in force under section 10
the Therapeutic Goods Act of the Therapeutic Goods
1989 of the Act 1989 of the
Commonwealth. Commonwealth, as in force
(2) A manufacturer or an importing at the time of labelling; or
supplier of a hazardous (d) the substance is a poison
substance need not comply or controlled substance
with regulation 4.1.9(3)(f) if within the meaning of the
the manufacturer or importing Drugs, Poisons and
supplier complies with Controlled Substances Act
subregulation (1) and is required 1981 and the container is
to provide signal words to be labelled in accordance with
clearly and prominently displayed the current Poisons
on the label for that compliance. Standard as in force at the
(2A) Nothing in subregulation (1)(ab) time of labelling and—
prevents a manufacturer or (i) the container for
importing supplier from labelling the substance has
a container with the information its original label; and
required by that subregulation in (ii) it is reasonably
appropriate languages in addition foreseeable that
to English. the substance will be
(3) In this regulation— used at a workplace
“Ag Labelling Code” means the only in—
Ag Labelling Code published by (A) a quantity that is
the APVMA on its Internet site; consistent with
“AgVet Code of Victoria” has the household use; and
same meaning as it has in the (B) a way that is
Agricultural and Veterinary consistent with
Chemicals (Victoria) Act 1994 ; household use; and
“APVMA” means Australian (C) a way that is
Pesticides and Veterinary incidental to the
Medicines Authority continued nature of the work
in existence by the Agricultural carried out by a
and Veterinary Chemicals person using the
(Administration) Act 1992 of substance; or
the Commonwealth;
cont’d cont’d
50

“Vet Labelling Code” means the (e) the substance is—
Vet Labelling Code published by (i) a veterinary chemical
the APVMA on its Internet site. 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.
(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;
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.
51

Part 4.2—Scheduled Carcinogenic Part 4.2—Scheduled carcinogenic Part 4.2—Scheduled carcinogenic
Substances substances substances
4.2.3 Requirement to hold 174 Requirement to hold carcinogens No change to duty holder
carcinogens licence licence requirements.
(1) A person must not perform work (1) A person must not perform work As a supplier of a carcinogenic
or carry out an activity involving or carry out an activity involving substance who stores these
a Schedule 5A carcinogenic a Schedule 10 carcinogenic substances in a sealed container
substance at a workplace substance at a workplace without needing to open the container
unless— unless— before passing it on to a customer,
(a) the workplace is a (a) the workplace is a you do not require a carcinogens
laboratory; and laboratory; and licence.
(b) the person— (b) the person— This exemption has been clarified
(i) holds a licence to (i) holds a licence to at Regulation 174(4).
use a Schedule 5A use a Schedule 10 For further information about changes
carcinogenic carcinogenic to licensing, visit worksafe.vic.gov.au
substance at that substance at that
laboratory issued laboratory issued
under Part 6.1 under Part 6.1
(Licences); or (Licences); or
(ii) is an employee of (ii) is an employee of
the holder of such a holder of such
a licence. a licence.
(2) A person must not perform work (2) A person must not perform work
or carry out an activity involving or carry out an activity involving
a Schedule 5B carcinogenic a Schedule 11 carcinogenic
substance at a workplace that is substance at a workplace that is
a laboratory unless the person— a laboratory unless the person—
(a) holds a licence to use a (a) holds a licence to use a
Schedule 5B carcinogenic Schedule 11 carcinogenic
substance at that laboratory substance at that laboratory
issued under Part 6.1 issued under Part 6.1
(Licences); or (Licences); or
(b) is an employee of the (b) is an employee of a holder
holder of such a licence. of such a licence.
(3) A person must not perform work (3) A person must not perform work
or carry out an activity involving or carry out an activity involving
a Schedule 5B carcinogenic a Schedule 11 carcinogenic
substance at a workplace other substance at a workplace other
than a laboratory unless the than a laboratory unless the
person— person—
(a) holds a licence to use a (a) holds a licence to use a
Schedule 5B carcinogenic Schedule 11 carcinogenic
substance at that substance at that
workplace issued under workplace issued under
Part 6.1 (Licences); or Part 6.1 (Licences); or
(b) is an employee of the (b) is an employee of a holder
holder of such a licence. of such a licence.
cont’d cont’d
52

(4) Despite anything to the contrary (4) Despite anything to the contrary
in this regulation, a carcinogens in this regulation, a carcinogens
licence is not required in respect licence is not required by
of a scheduled carcinogenic a supplier of a scheduled
substance that is supplied to carcinogenic substance if
the workplace of an employer or the substance is in a sealed
self-employed person in a sealed container that is not intended
container, if the sealed container to be opened at the supplier’s
is not intended to be opened on premises.
the premises of the employer or
self-employed person.
Part 4.3—Asbestos Part 4.4—Asbestos Part 4.4—Asbestos
4.3.95 Independent person to be 207 Independent person Change to duty holder requirements.
qualified
The person who commissioned the (1) In this Part a person is an This regulation has been updated to
asbestos removal work must ensure independent person in relation clarify who is an independent person
that the independent person to carrying out a relevant when carrying out a relevant function
performing duties under regulation function in relation to asbestos in relation to asbestos removal work.
4.3.93 or regulation 4.3.96 has removal work if the person— An independent person cannot be
the requisite knowledge, skills and (a) is independent from the the person who commissioned the
experience to undertake those duties. following, if applicable— asbestos removal work or the
(i) the employer or employer, self-employed person,
self-employed person or asbestos removal licence holder
performing the performing the asbestos removal work.
asbestos removal They also cannot have a conflict of
work; interest in the carrying out of a
(ii) the person who relevant function; and they must have
commissioned the the requisite knowledge, skills and
asbestos removal experience to carry out the relevant
work; function.
(iii) the asbestos removal Relevant functions include determining
licence holder airborne asbestos fibre levels under
performing the regulation 250, visually inspecting an
asbestos removal area for visible asbestos residue under
work; and regulation 294, or giving a clearance
(b) does not have a conflict of certificate under regulation 297.
interest in carrying out the
relevant function; and
(c) has the requisite
knowledge, skills and
experience to carry out
the relevant function.
cont’d
53

(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.
No equivalent regulation. 208 Asbestos-contaminated dust Change to duty holder requirements.
For the purpose of this Part, if there If you have any uncertainty (based on
is uncertainty (based on reasonable reasonable grounds) that dust may be
grounds) as to whether dust is contaminated with asbestos, you now
contaminated with asbestos a person expressly have a duty to assume that
must— it is contaminated with asbestos or
(a) assume the dust is arrange for a sample to be analysed.
contaminated with This requirement was previously dealt
asbestos; or with under the Dangerous Goods
(b) arrange for analysis of a Order 2007.
sample to be undertaken.
Division 2—General requirements Division 2—General requirements
4.3.6 Analysis by approved asbestos 213 Analysis by approved asbestos Change to duty holder requirements.
analyst laboratory
(1) If an analysis of any sample (1) If an analysis of any sample If you require a sample of asbestos
is required under this Part the is required under this Part the to be analysed, the analysis must now
analysis must be undertaken by analysis must be undertaken by be undertaken by an approved
an approved asbestos analyst. an approved asbestos laboratory. asbestos laboratory.
(2) The analysis results must be (2) The analysis results must be The regulation was updated from
reported in accordance with the reported in accordance with analyst to laboratory to align with
requirements of NATA or the the requirements of NATA or the National Association of Testing
scheme under which the the scheme under which the Authorities (NATA) approval processes.
analyst was approved. laboratory was approved.
54

Occupational Health and Safety Act Occupational Health and Safety Act Occupational Health and Safety Act
2004 2004 2004
4.3.7 Asbestos removal work 214 Asbestos removal work Change to duty holder requirements.
(1) An employer, a self-employed (1) An employer, a self-employed As an employer, self-employed person
person or a person who person or a person who manages or a person who has management or
manages or controls a workplace or controls a workplace must not control of a workplace, you can now
must not perform asbestos perform asbestos removal work, perform or arrange for asbestos
removal work, or arrange for or arrange for asbestos removal removal work to be performed in the
asbestos removal work to be work to be performed, in respect course of non-asbestos mining or the
performed, in respect of the of the workplace except in extraction of stone without such work
workplace unless— accordance with Division 7. being performed in accordance with
(a) The person performing the (2) Subregulation (1) does not apply Division 7.
asbestos removal work— if the asbestos removal work is
(i) Holds an asbestos for—
removal licence that (a) the purpose of sampling
permits the person to and identification; or
remove the asbestos; (b) the removal of asbestos
or encountered in the course
(ii) Is employed by a of non-asbestos mining
person who holds or the extraction of stone.
such a licence; or
(b) The asbestos removal work
is permitted under
regulation 4.3.45.
(2) This prohibition does not apply
if the work is for the purpose
of sampling and identification.
4.3.8 Removal of contaminated 215 Removal of contaminated Change to duty holder requirements.
protective clothing protective clothing
(1) An employer or self-employed (1) An employer or self-employed Where an employer or self-employed
person must not remove from person must not remove from person previously could use
a workplace protective clothing a workplace protective clothing a commercial laundry to launder
contaminated with asbestos contaminated with asbestos protective clothing contaminated
unless the clothing is— unless the clothing is— with asbestos, under the new OHS
(a) disposed of— (a) disposed of— Regulations 2017 they must launder
(i) as soon as is (i) as soon as reasonably it at a laundry equipped to launder
reasonably possible; and clothing contaminated with asbestos.
practicable; and (ii) in an appropriate
(ii) in an appropriate manner that
manner that eliminates the release
eliminates the release of airborne asbestos
of airborne asbestos fibres; and
fibres; and
cont’d cont’d
55

(iii) at a waste disposal (iii) at premises—
site licenced by the (A) in respect of which
Environment the occupier is
Protection Authority; licensed by the
or Environment
(b) laundered at a commercial Protection Authority
laundry and for that to dispose of asbestos
purpose the clothing is waste; or
contained so as to (B) to which regulation
eliminate the release of 12 of the Environment
airborne asbestos fibres Protection (Scheduled
and the exterior of the Premises and
container— Exemptions)
(i) is decontaminated Regulations 2017
before being removed applies in relation
from the work area; to the disposal; or
and (C) set out in a
(ii) indicates the classification issued
presence of asbestos under regulation
before the clothing is 11(1)(b) of the
transferred to the Environment
laundry. Protection (Industrial
(2) Subregulation (1) does not apply Waste Resource)
if the contamination arises from Regulations 2009
the asbestos removal work under that classifies
Division 7 or the carrying out of asbestos waste
asbestos related activities under as non-prescribed
Division 8. industrial waste.
(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
cont’d
56

(ii) indicates the presence
of asbestos before the
clothing is transferred
to the laundry.
(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.
4.3.9 Use of certain tools or 216 Use of certain tools or Change to duty holder requirements.
instruments instruments
(1) An employer or self-employed (1) An employer or self-employed As an employer or self-employed
person must not use the person must not use the person, if airborne asbestos fibre
following or cause the following following or cause the following levels are not in excess of 0.01 f/ml,
to be used on asbestos unless to be used on asbestos unless the tools or instructions referred to
the use is controlled— the use is controlled— in sub-regulation (1) may be used
(a) a broom; or (a) broom; or without implementing the control
(b) a brush (except where the (b) a brush (except where the measures outlined in sub-regulation
brush is used for sealing); brush is used for sealing); (3).
or or Sub-regulation (5) has been clarified
(c) a high pressure water jet, (c) a high pressure water jet, to refer to other compressed gases.
power tool or other similar power tool or other similar
tool or instrument. tool or instrument.
(2) For the purposes of (2) Subregulation (1) does not apply
subregulation (1), the use of the if airborne asbestos fibre levels
tool or instrument is controlled, if, are not in excess of 0·01 f/ml
while the tool or instrument is in while the tool or instrument is
use— in use.
(a) the tool or instrument is (3) For the purposes of
enclosed; or subregulation (1), the use of the
(b) engineering controls are tool or instrument is controlled,
used; or if, while the tool or instrument
(c) a combination of the is in use—
methods in paragraphs (a) (a) the tool or instrument is
and (b) is used— so that the enclosed; or
employer or self-employed (b) engineering controls are
person ensures that a used; or
person is not likely to be (c) a combination of the
exposed to more than one methods in paragraphs (a)
half of the asbestos and (b) is used—
exposure standard. 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.
cont’d cont’d
57

(3) An employer or self-employed (4) An employer or self-employed
person must not rely on person must not rely on
respiratory protection devices respiratory protective equipment
to ensure that one half of the to ensure that one half of the
asbestos exposure standard is asbestos exposure standard
not exceeded. is not exceeded.
(4) Subregulations (1) to (3) do not (5) An employer or self-employed
apply to the removal of asbestos person must not use or cause to
undertaken within an enclosed be used compressed air or other
removal area in accordance with compressed gases—
Division 7. (a) on asbestos, except in
(5) An employer or self-employed areas enclosed to prevent
person must not use or cause to the release of airborne
be used compressed air or other asbestos fibres from the
gases— enclosed area; or
(a) on asbestos, except in (b) within 6 metres of an
areas enclosed to prevent activity involving asbestos
the release of airborne unless the use of that air
asbestos fibres from the or gas does not result in
enclosed area; or airborne asbestos fibres
(b) within 6 metres of an that exceed one half of
activity involving asbestos the asbestos exposure
unless the use of that air standard.
or gas does not result in (6) An employer or self-employed
airborne asbestos fibres person must not rely on
that exceed one half of respiratory protective equipment
the asbestos exposure to control a risk under
standard. subregulation (5)(b).
(6) An employer or self-employed
person must not rely on
respiratory protection devices
to control a risk under
subregulation (5)(b).
58

Dangerous Goods Act 1985 Dangerous Goods Act 1985 Dangerous Goods Act 1985
4.3.12(2)(b) Supply of asbestos These provisions have been removed. No change to duty holder
requirements.
(2) This prohibition does not apply The exemptions for brake shoes
to— lined with asbestos have been
(b) The supply of brake shoes removed from the OHS Regulations
lined with asbestos for the 2017 as they are no longer in force
purpose of re-lining the as of 1 February 2008.
brake shoes with material
that does not contain
asbestos.
4.3.13(2)(c) Storage of asbestos
to—
(c) the storage of brake shoes
lined with asbestos if the
brake shoes are—
(i) being stored for the
purpose of disposal
of the asbestos or
awaiting supply in
accordance with
regulation 4.3.12(2)
(b) or transport in
accordance 4.3.14(2)
(c); 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.
4.3.14(2)(c) Transport of asbestos
to—
(c) the transport of brake
shoes lined with asbestos
for the purpose of re-lining
the brake shoes with
material that does not
contain asbestos.
cont’d
59

4.3.15(2)(b) Sales of asbestos
to—
(b) the sale of brake shoes
lined with asbestos for
the purpose of re-lining the
brake shoes with material
that does not contain
asbestos.
4.3.18 Exemptions for chrysotile This provision has been removed. No change to duty holder
requirements.
(1) A person is not required to The exemptions for chrysotile
comply with regulations 4.3.16 asbestos have been removed from
and 4.3.17 in relation to the regulations as they are no longer
asbestos-containing material in force as of 1 January 2008.
until 1 January 2008 if— The definition of chrysotile-containing
(a) the asbestos-containing material has also been removed.
material contains chrysotile
asbestos (but not
amphibole asbestos) and
is of a type, and for a use,
that falls within Category 1
or Category 2 specified in
Schedule 6; and
(b) the person has given a
notice to the Authority
in accordance with
subregulation (2); and
(c) the person receives from
the Authority a confirmation
of receipt of the notice.
(1A) A person is not required to
comply with regulations
4.3.16 and 4.3.17 in relation
to asbestos-containing material
until 1 January 2011 if—
(a) the asbestos-containing
material contains chrysotile
(but not amphibole
asbestos) and is of a type,
and for a use, that falls
within Category 3 specified
in Schedule 6; and
cont’d
60

(b) the person has given a
notice to the Authority
in accordance with
subregulation (2); and
(c) the person receives from
the Authority a confirmation
of receipt of the notice.
(2) A notice referred to in
subregulation (1)(b) or (1A)(b)
must state—
(a) the person’s name and any
registered business name;
and
(b) the person’s contact details;
and
(c) the category specified in
Schedule 6 within which
the chrysotile asbestos
falls; and
(d) the address of the premises
where the person will use,
fix, install or re-use
chrysotile-containing
material or will replace
any material with chrysotile-
containing material; and
(e) the quantity of chrysotile-
(f) if different from paragraph
(b), the contact details of
the person immediately
involved in the use, fixing,
installation or reuse of
material or in the
replacement of any
material with chrysotile-
(g) the date of the notice; and
cont’d
61

(h) the details of any
consultation that occurred
with the health and safety
representative of an
affected designated
work group, or affected
employees if there is
no health and safety
representative, in relation
to the proposed use, fixing,
installation or re-use of
material or replacement of
any material with chrysotile-
(i) the name and contact
details of persons who will
supply, store, transport or
sell the chrysotile-
containing material.
(3) Within 30 days after receiving a
notice under subregulation (1)(b)
or (1A)(b), the Authority must—
(a) give the person who gave
the notice a receipt in
writing that states that the
Authority confirms receipt
of the notice; or
(b) in writing inform the person
who gave the notice—
(i) that the Authority
defers confirming
receipt of the notice
under paragraph (a)
because the notice
contains insufficient
information; and
(ii) of what further
information is required
by the Authority.
cont’d
62

(4) The person who receives a
confirmation of receipt under
subregulation (3)(a) must provide
a copy of the confirmation of
receipt to any other person
who supplies, stores, transports
or sells chrysotile-containing
material on behalf of the first-
mentioned person.
(5) A person who is given a copy of
a confirmation of receipt under
subregulation (4) is not required
to comply with regulation 4.3.12,
4.3.13, 4.3.14 or 4.3.15 when
supplying, storing, transporting,
or selling the chrysotile-
containing material specified in
the confirmation of receipt.
Division 5—Asbestos in workplaces Division 5—Asbestos in workplaces Division 5—Asbestos in workplaces
4.3.19 Application of Division 225 Application of Division Change to duty holder requirements.
(1) This Division applies to a (1) This Division applies to a Division 5 now includes all types of
workplace where asbestos-containing workplace where asbestos is asbestos where previously it only
material is fixed or installed in a present in a building, structure, applied to asbestos that is not fixed
building, structure, ship or plant. ship or plant or has been or installed where fixed or installed
(2) This Division does not apply to a identified elsewhere at the asbestos contaminated material is
domestic premises that is a workplace workplace. present.
only because of work being performed (2) This Division does not apply to Further, to ensure that all asbestos
by an employer or self-employed a domestic premises that is a at the workplace is captured
person engaged to perform the work. workplace only because of work (including asbestos contaminated soil)
being performed by an employer a reference to ‘workplace’ has been
or self-employed person included in addition to ‘building,
engaged to perform the work. structure, ship or plant’.
4.3.28 Information about risks to be 234 Information about risks to be Change to duty holder requirements.
given to person who manages or given to person who manages or
controls workplace controls workplace
If the employer identifies a risk An employer must notify the person As an employer, you now have a duty
associated with the presence of fixed who manages or controls the to inform the person with management
or installed asbestos under the control workplace about any risks that or control of the workplace of a risk
or management of the person who the employer identifies that are associated with any asbestos which
manages or controls the workplace associated with— may include asbestos-contaminated
that may occur as a result of an dust or asbestos in soil.
activity carried out by the employer,
the employer must inform the person
who manages or controls the
workplace of the risk.
cont’d cont’d
63

(a) the presence of asbestos Due to the incorporation of the
under the control or Dangerous Goods Order 2007,
management of the person the application of this regulation has
who manages or controls been expanded to any asbestos under
the workplace; and the management or control of the
(b) an activity carried out person who manages or controls the
by the employer. workplace. Previously it was limited
to fixed or installed asbestos.
Division 6—Demolition and Division 6—Demolition and Division 6—Demolition and
refurbishment where asbestos is refurbishment where asbestos is refurbishment where asbestos is
present present present
(1) This Division applies to the (1) This Division applies to carrying Division 6 now includes all types
carrying out of demolition or out demolition or refurbishment of asbestos where previously it only
refurbishment on a building, work at a workplace on a applied to asbestos that is not fixed
structure, ship or plant where building, structure, ship or plant or installed where fixed or installed
asbestos is fixed or installed. where asbestos is present or asbestos contaminated material is
(2) In this Division, demolition and elsewhere at the workplace present.
refurbishment do not include where asbestos has been To ensure that asbestos in soil is
minor or routine maintenance identified. captured, a reference to ‘workplace’ in
work or other work of a minor (2) In this Division, demolition addition to ‘building, structure, ship or
nature. and refurbishment work do plant’ has been included.
(3) In this Division a reference to not include minor or routine
plant is a reference to plant maintenance work or other
that generally forms part of work of a minor nature.
a structure. (3) For the purposes of this Division,
(4) For the purposes of this Division, an emergency exists if a building
an emergency exists if a or structure is structurally
building or structure is unsound or in danger of
structurally unsound or in danger imminent collapse as
of imminent collapse as determined—
determined— (a) by an emergency order
(a) by an emergency order issued under the Building
issued under the Building Act 1993; or
Act 1993; or (b) in a report by a structural
(b) in a report by a structural engineer.
engineer. (4) This Division applies in relation
to domestic premises that
become a workplace due to
demolition or refurbishment
work being performed.
64

4.3.36 Review of employer’s asbestos 242 Review of employer’s asbestos Change to duty holder requirements.
register register
(1) Before demolition or (1) Before demolition or Due to the incorporation of the
refurbishment work commences refurbishment work commences Dangerous Goods Order 2007,
on plant of which an employer at a workplace, an employer who the application of this regulation has
has management or control, has management or control of been expanded to any asbestos the
the employer must— asbestos, including asbestos- employer has management or control
(a) Review the employer’s containing material that is fixed of in the workplace. It was previously
asbestos register; and or installed in any plant under limited to plant of which an employer
(b) Revise the employer’s the management or control of has management or control.
asbestos register if it is the employer, must—
inadequate having regard (a) review the employer’s
to the proposed demolition asbestos register; and
or refurbishment work. (b) revise the employer’s
(2) The employer must provide asbestos register if it is
the employer or self-employed inadequate having regard
person who is to perform the to the proposed demolition
demolition or refurbishment work or refurbishment work.
with a copy of the employer’s Example
asbestos register, including any The employer’s asbestos register
revision’s made under the may be inadequate if it identifies
regulation. 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.
(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.
4.3.38 Determination of presence of 245 Determination of presence of Change to duty holder requirements.
asbestos asbestos
(1) This regulation applies if (1) This regulation applies if there Due to incorporation of the Dangerous
there is no asbestos register or is no asbestos register or Goods Order 2007, application of this
employer’s asbestos register in employer’s asbestos register in regulation has been expanded to any
respect of a workplace or plant respect of a workplace or plant asbestos that is in the workplace;
in relation to which demolition or in relation to which demolition previously limited to fixed or installed
refurbishment work is to be or refurbishment work is to be asbestos.
performed. performed. This change affects the employer or
self-employed person performing
cont’d cont’d the demolition or refurbishment work.
65

(2) The employer or self-employed (2) The employer or self-employed
person performing the demolition person performing the demolition
or refurbishment work must not or refurbishment work must not
commence that work until that commence that work until that
employer or self-employed employer or self-employed
person has determined whether person has determined whether
asbestos is fixed to or installed asbestos is present in the
in the building, structure, ship building, structure, ship or plant
or plant to be demolished or to be demolished or refurbished.
refurbished. (3) If there is uncertainty (based on
(3) If there is uncertainty (based reasonable grounds) as to
on reasonable grounds) as to whether asbestos is present in
whether asbestos is fixed to or a building, structure, ship or plant
installed in a building, structure, to be demolished or refurbished,
ship or plant to be demolished or if there are inaccessible areas
or refurbished, or if there are that are likely to contain
inaccessible areas that are likely asbestos, the employer or
to contain asbestos that is fixed self-employed person performing
or installed, the employer or the demolition or refurbishment
self-employed person performing work must—
the demolition or refurbishment (a) assume that asbestos
work must— is present; or
(a) assume that asbestos is (b) arrange for analysis of a
present; or sample to be undertaken.
(b) arrange for analysis of a (4) If asbestos is assumed to be
sample to be undertaken. present under subregulation (3),
(4) If asbestos is assumed to be it is taken to be identified for the
present under subregulation (3), purposes of this Part.
it is taken to be identified for the (5) If the employer or self-employed
purposes of this Part. person performing demolition
(5) If the employer or self-employed or refurbishment work has
person performing demolition or determined under subregulation
refurbishment work has (2) or subregulation (3) that
determined under subregulation asbestos is present in a building,
(2) or subregulation (3) that structure, ship or plant to be
asbestos is fixed to or installed in demolished or refurbished, the
a building, structure, ship or plant employer or self-employed
to be demolished or refurbished, person must—
the employer or self-employed
person must—
cont’d cont’d
66

(a) inform the person who (a) inform the person who
has management or control has management or control
of the workplace that of the workplace that
asbestos is fixed to or asbestos is present in the
installed in the building, building, structure, ship or
structure ship or plant; and plant; and
(b) in the case of plant under (b) in the case of plant under
the management or control the management or control
of an employer at the of an employer at the
workplace, inform the workplace, inform the
employer that asbestos employer that asbestos
is fixed to or installed in is present in the plant.
the plant.
4.3.39 Identification and removal of 244 Identification and removal of No change to duty holder
asbestos before demolition asbestos before demolition and requirements.
refurbishment
(1) A person who manages or (1) A person who manages or The duties where a person who has
controls a workplace or plant that controls a workplace or plant that management or control of a workplace
forms part of a workplace must— forms part of a workplace must and employers at a workplace who
(a) identify asbestos under that identify asbestos under that have management or control of
person’s management or person’s management or control asbestos have to identify and
control that is likely to be that is likely to be disturbed by remove asbestos before demolition
disturbed by proposed proposed demolition or and refurbishment work, have been
demolition work; and refurbishment work and— consolidated into a single regulation.
(b) ensure, so far as is (a) if the proposed work is These duties remain unchanged.
reasonably practicable, that refurbishment work, ensure,
the asbestos is removed so far as is reasonably
before the demolition work practicable, that the
is commenced. asbestos is removed; or
(2) Subregulation (1)(b) does not (b) if the proposed work is
prevent the demolition of parts of demolition work, ensure,
a building, structure, ship or plant so far as is reasonably
in order to gain access to the practicable, that the
asbestos. asbestos is removed before
the demolition work is
Example
commenced.
Part of a wall may be demolished to
(2) An employer at a workplace
gain access to asbestos in a riser
must identify asbestos under
shaft.
that employer’s management
(3) Subregulation (1) does not
or control, including asbestos-
apply—
containing material that is fixed
(a) in an emergency; or or installed in any plant under
(b) to domestic premises. the management or control of
the employer, that is likely to be
disturbed by proposed demolition
or refurbishment work and—
cont’d cont’d
67

(4) An employer or self-employed (a) if the proposed work is
person performing demolition refurbishment work, ensure,
work on domestic premises so far as is reasonably
must— practicable, that the
(a) identify asbestos under that asbestos is removed; or
person’s management or (b) if the proposed work is
control that is likely to be demolition work, ensure,
disturbed by proposed so far as is reasonably
demolition work; and practicable, that the
(b) ensure, so far as is asbestos is removed before
reasonably practicable, that the demolition work is
the asbestos is removed commenced.
before the demolition work (3) Subregulations (1)(b) and (2)(b)
is commenced. do not prevent the demolition of
(5) Subregulation (4)(b) does not parts of a building, structure,
prevent the demolition of part of ship or plant in order to gain
domestic premises in order to access to the asbestos.
gain access to the asbestos. Example
4.3.40 Identification and removal of Part of a wall may be demolished to
asbestos before refurbishment gain access to asbestos in a riser
shaft.
(1) A person who manages or
controls a workplace or plant at a (4) Subregulations (1) and (2) do not
workplace must— apply—
(a) identify asbestos under the (a) to demolition work in an
person’s management or emergency; or
control that is likely to be (b) to domestic premises.
disturbed by the proposed (5) An employer or self-employed
refurbishment work; and person performing demolition or
(b) ensure, so far as is refurbishment work on domestic
reasonably practicable, that premises must identify asbestos
the asbestos is removed. under that person’s management
(2) Subregulation (1) does not apply or control that is likely to be
to domestic premises. disturbed by proposed demolition
or refurbishment work and—
person performing refurbishment (a) if the proposed work is
work on domestic premises refurbishment work, ensure,
must— so far as is reasonably
practicable, that the
(a) identify asbestos that is
asbestos is removed; or
likely to be disturbed by the
proposed refurbishment
work; and
(b) ensure, so far as is
the asbestos is removed. cont’d
68

(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.
(6) Subregulation (5)(b) does not
prevent the demolition of part of
domestic premises in order to
gain access to the asbestos.
4.3.41 Requirements for asbestos 246 Requirements for asbestos No change to duty holder
removal work removal work requirements.
(1) A person who manages or A person who is required to ensure The regulation has been streamlined
controls a workplace or plant at asbestos is removed under regulation but there is no change to duty holder
a workplace must ensure that 244 must ensure that the asbestos requirements.
asbestos removal work is removal work is performed by—
performed— (a) an asbestos removal
(a) by an asbestos licence licence holder; or
holder; or (b) a person who is permitted
(b) by a person who is under regulation 250 to
permitted under regulation perform limited asbestos
4.3.45 to perform the removal work.
asbestos removal work.
apply to domestic premises.
person performing demolition or
refurbishment work on domestic
premises must ensure that
asbestos removal work is
performed—
(a) by an asbestos licence
holder; or
(b) by a person who is
permitted under regulation
4.3.45 to perform the
asbestos removal work.
69

4.3.42 Emergency procedures 247 Emergency procedures Change to duty holder requirements.
(1) If an emergency occurs at a (1) If an emergency occurs at a Due to incorporation of the Dangerous
workplace where there was workplace where asbestos was Goods Order 2007, the application of
fixed or installed asbestos in present in a building, structure, this regulation has been expanded to
a building, structure, ship or ship or plant immediately before include any asbestos that was present
plant immediately before the the emergency occurred, the in the workplace immediately before
emergency occurred, the person person who manages or controls the emergency occurred, where
who manages or controls the the workplace must— previously it was limited to fixed
workplace must— (a) consider the asbestos or installed asbestos.
(a) consider the asbestos register; and
register; and (b) before demolition occurs,
(b) before demolition occurs, document a procedure
document a procedure that that will reduce the risk of
will, so far as is reasonably exposure of employees and
practicable, reduce the risk persons in the vicinity of the
of exposure of employees demolition site to asbestos
and persons in the vicinity to below the asbestos
of the demolition site to exposure standard so far
asbestos to below the as is reasonably practicable.
asbestos exposure (2) Subregulation (1) does not apply
standard. in the case of domestic premises.
(2) Subregulation (1) does not apply (3) A person engaged for the
in the case of domestic premises. purpose of asbestos removal
(3) A person engaged for the work as part of an emergency
purpose of asbestos removal must comply, so far as is
work as part of an emergency reasonably practicable, with
must comply, so far as is Division 7.
reasonably practicable, with (4) If an emergency occurs at
Division 7. domestic premises where
(4) If an emergency occurs at asbestos was present in a
domestic premises, an employer building, structure, ship or
or self-employed person plant immediately before
performing demolition work must, the emergency occurred, an
before demolition, document a employer or self-employed
procedure that will, so far as is person performing demolition
reasonably practicable, reduce work at the premises must,
the risk of exposure of before demolition, document
employees and persons in the a procedure that will reduce the
vicinity of the demolition site to risk of exposure of employees
asbestos to below the asbestos and persons in the vicinity of the
exposure standard. demolition site to asbestos to
below the asbestos exposure
standard so far as is reasonably
practicable.
70

Division 7—Removal of asbestos Division 7—Removal of asbestos Division 7—Removal of asbestos
Dangerous Goods Order 2007 Division 7 of Part 4.4 – Asbestos Change to duty holder requirements.
The DG Order prohibiting the removal Multiple changes have been made to Duties in relation to asbestos removal
of certain asbestos at workplaces is Division 7 of ‘Part 4.4 – Asbestos’ to work now apply to all asbestos at a
a separate document and is not give effect to the incorporation of the workplace, not just asbestos fixed or
incorporated into the OHS Dangerous Goods Order 2007 into the installed in a building, structure, ship
Regulations 2007. Regulations. or plant.
This includes, but is not limited to,
asbestos-contaminated dust and
asbestos-contaminated soil.
4.3.45 Limited asbestos removal work 250 Limited asbestos removal work Change to duty holder requirements.
without licence permitted
An employer or self-employed person (1) An employer or self-employed Due to the incorporation of the
may perform asbestos removal work in person may perform asbestos Dangerous Goods Order 2007,
accordance with this Subdivision in removal work, in accordance the application of this regulation
relation to non-friable asbestos- with this Subdivision, involving— has been expanded to include
containing material if— (a) the removal of non-friable asbestos-contaminated dust.
(a) the area of asbestos- asbestos-containing The amount of asbestos-contaminated
containing material to be material if— dust permitted to be removed as
removed does not exceed (i) the area of non-friable limited asbestos removal work is
10 square metres in total; asbestos-containing now explicitly outlined in regulation
and material to be 250(1)(b) and (1)(c).
(b) the total time over which removed does not
asbestos removal work is exceed 10 square
performed in any period of metres in total; and
7 days does not exceed (ii) the employer or
1 hour. self-employed person
does not perform
more than 1 hour
of asbestos removal
work in total during
a 7 day period; or
(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
cont’d
71

(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).
4.3.51 Signs 255 Signs and barricades Change to duty holder requirements.
An employer or self-employed person An employer or self-employed person As an employer or self-employed
performing asbestos removal work performing limited asbestos removal person performing limited asbestos
must ensure that appropriately placed work must ensure that appropriately removal work, you now have a duty to
signs are used to indicate the area placed signs and barricades are used ensure appropriately placed barricades
where the removal work is being to indicate the area where the removal as well as signs are used to indicate
performed. work is being performed. the area where limited asbestos
removal work is being performed.
4.3.54 Elimination of airborne 258 Elimination of airborne asbestos Change to duty holder requirements.
asbestos fibres fibres
An employer or self-employed person An employer or self-employed person As an employer or self-employed
performing asbestos removal work performing limited asbestos removal person performing limited asbestos
must ensure that removal work is work must ensure that the asbestos removal work, you now have a duty
performed in a manner that eliminates removal work is performed in a to ensure the removal work is
the release of airborne asbestos fibres manner that, so far as is reasonably performed in a manner that prevents
so far as is reasonably practicable. practicable— the contamination of areas adjacent
(a) eliminates the release of to the asbestos removal area.
airborne asbestos fibres;
and
(b) prevents the contamination
of areas adjacent to the
asbestos removal area.
72

4.3.56 Disposal of asbestos waste 260 Disposal of asbestos waste Change to duty holder requirements.
An employer or self-employed person An employer or self-employed person Due to changes to the Environment
performing asbestos removal work performing limited asbestos removal Protection Authority requirements, the
must ensure that asbestos waste is— work must ensure that asbestos waste application of this regulation has been
(a) disposed of as soon as is is disposed of— expanded to permit employers or
reasonably practicable; and (a) as soon as reasonably self-employed persons performing
(b) disposed of in an possible; and limited asbestos removal work to
appropriate manner that (b) in an appropriate manner dispose of asbestos waste at a
eliminates the release of that eliminates the release number of types of premises.
airborne asbestos fibres; of airborne asbestos fibres;
and and
(c) disposed of at a waste (c) at premises—
disposal site licensed by (i) in respect of which
the Environment Protection the occupier is
Authority. licensed by the
Environment
Protection Authority
to dispose of asbestos
waste; or
(ii) to which regulation
12 of the Environment
Protection (Scheduled
Premises and
Exemptions)
Regulations 2017
applies in relation to
the disposal; or
(iii) set out in a
classification issued
under regulation
11(1)(b) of the
Environment
Protection (Industrial
Waste Resource)
Regulations 2009
that classifies
asbestos waste
as non-prescribed
industrial waste.
73

4.3.57 Laundering of clothing 261 Laundering of clothing Change to duty holder requirements.
contaminated with asbestos contaminated with asbestos
(1) An employer or self-employed (1) An employer or self-employed As an employer and self-employed
person performing asbestos person performing limited person performing asbestos removal
removal work must provide for asbestos removal work must work, it’s been clarified that you must
the laundering of personal provide for the laundering of launder personal protective clothing
protective clothing that is likely personal protective clothing that that is likely to be contaminated with
to be contaminated with is likely to be contaminated with asbestos at a laundry equipped to
asbestos and that is not asbestos at a laundry equipped launder asbestos-contaminated
contained and disposed of to launder clothing contaminated clothing.
in accordance with regulations with asbestos if that clothing is
4.3.55 and 4.3.56. not contained and disposed of
(2) If an employer or self-employed in accordance with regulations
person performing asbestos 259 and 260.
removal work arranges for (2) If an employer or self-employed
personal protective clothing that person performing limited
is likely to be contaminated with asbestos removal work arranges
asbestos to be laundered at a for personal protective clothing
commercial laundry, the employer that is likely to be contaminated
or person must ensure that— with asbestos to be laundered,
(a) the clothing is contained so the employer or person must
as to eliminate the release ensure that—
of airborne asbestos fibres; (a) the clothing is contained so
and as to eliminate the release
(b) the exterior of the of airborne asbestos fibres;
container— and
(i) is decontaminated (b) the exterior of the
before being removed container—
from the area where (i) is decontaminated
the removal work is before being removed
performed; and from the area where
(ii) indicates the the removal work is
presence of asbestos performed; and
before the clothing is (ii) indicates the presence
transferred to the of asbestos before the
laundry. clothing is transferred
to the laundry.
74

4.3.58(3) Medical examinations 262 Medical examinations No change to duty holder
requirements.
(1) An employer performing (1) An employer performing limited Sub-regulation 4.3.58(3) has been
asbestos removal work must asbestos removal work must removed from regulation 262 of the
arrange for appropriate medical arrange for appropriate medical OHS Regulations 2017.
examinations to be conducted by examinations to be conducted by With this change Regulation 4.3.58(4)
a registered medical practitioner a registered medical practitioner is now 262(3) and Regulation
for each employee engaged in for each employee engaged in 4.3.58(5) is now 262(4).
ongoing asbestos removal work ongoing asbestos removal work
if there is a risk of exposure to if there is a risk of exposure to
airborne asbestos fibres above airborne asbestos fibres in
one half of the asbestos excess of one half of the
exposure standard. asbestos exposure standard.
(2) Respiratory protective equipment (2) Respiratory protective equipment
must not be considered in must not be taken into account
establishing whether there is a in establishing whether there is
risk of exposure to airborne a risk of exposure to airborne
asbestos fibres above one half asbestos fibres in excess of one
of the exposure standard. half of the exposure standard.
(3) The purpose of the medical (3) The employer must ensure that
examination is to monitor the medical examinations are
employee’s health for the provided—
purpose of identifying changes (a) before the employee
in the employee’s health status commences asbestos
due to occupational exposure to removal work for the first
asbestos. time for that employer
(4) The employer must ensure unless the employee has
that medical examinations are had an appropriate medical
provided— examination within the
(a) before the employee preceding 2 years; and
commences asbestos (b) at intervals of not more
removal work for the first than 2 years; and
time for that employer (c) within 30 days after the
unless the employee has employee has ceased
had an appropriate medical asbestos removal work
examination within the unless the employee has
preceding 2 years; and had an appropriate medical
(b) at intervals of not more examination within the
than 2 years; and preceding year.
(c) within 30 days after the (4) In this regulation the duties
employee has ceased of an employer in relation to
asbestos removal work medical examinations extend
unless the employee has to an independent contractor.
had an appropriate medical
examination within the
preceding year.
cont’d
75

(5) In this regulation the duties of
an employer in relation to
medical examinations extend
to an independent contractor.
4.3.49 Provision of information about 301 Information to be provided to Change to duty holder requirements.
proposed asbestos removal work persons occupying premises in
immediate and adjacent areas
(1) This regulation applies if an (1) An employer or self-employed As an employer or self-employed
employer or self-employed person who is commissioned person who commissions asbestos
person is commissioned to to perform work for a person removal work or who has been
perform work for a person and and intends to perform limited informed of proposed limited asbestos
plans to remove asbestos that is asbestos removal work must, removal work, you are required to
permitted under regulation before the limited asbestos inform all employers, employees and
4.3.45 to be removed. removal work commences, inform other persons occupying premises in
(2) The employer or self-employed the person who commissioned the immediate and adjacent areas to
person must inform the person the asbestos removal work about where the work will take place about
who commissioned the work that the proposed limited asbestos the work before the work commences.
asbestos removal work will be removal work. This requirement now also includes
performed before the (2) A person who commissions domestic premises.
commissioned work commences. asbestos removal work or who
(3) A person who has been informed has been informed of proposed
of the proposed asbestos limited asbestos removal work
removal work under under subregulation (1) must
subregulation (2) must notify before the work commences
employers in the immediate and inform all employers and other
adjacent areas to where the persons occupying premises
proposed removal work will take in the immediate and adjacent
place of the proposed removal areas to where the work will
work before that removal work take place about the work.
commences. (3) An employer who has been
(4) An employer who has been informed about asbestos
notified of the proposed removal work in accordance with
asbestos removal work in subregulation (2) must before
accordance with subregulation the work commences inform
(3) must inform employees in the employees in the immediate and
immediate and adjacent areas of adjacent areas to where the work
the proposed removal work will take place about the work.
before the removal work (4) For the purposes of this
commences. regulation, the employer or
4.3.90 Employers in immediate and self-employed person performing
adjacent areas to be informed the asbestos removal work is the
person who commissions the
A person who commissions
asbestos removal work if the
asbestos removal work must,
work will be performed at
before the asbestos removal work
domestic premises.
commences, inform all employers in
the immediate and adjacent areas of
the proposed removal work.
76

4.3.59 Notice of medical practitioner These regulations have been removed. Change to duty holder requirements.
An employer must notify the Authority As an employer or asbestos licence
in writing within 7 days of the name holder, you no longer need to notify
and contact details of the registered WorkSafe of the name and contact
medical practitioner the employer details of registered medical
has engaged to undertake medical practitioners engaged to undertake
examinations in accordance with medical examinations in regards
regulation 4.3.58. to asbestos.
The asbestos licence holder must
notify the Authority in writing within 7
days of the name and contact details
of the registered medical practitioner
the licence holder has engaged to
undertake medical examinations in
accordance with regulation 4.3.79.
The employer must notify the Authority
in writing within 7 days of the name
and contact details of the registered
medical practitioner the employer
has engaged to undertake medical
examinations in accordance with
regulation 4.3.109.
4.3.60 Results of medical 263 Results of medical examinations Change to duty holder requirements.
examinations
(1) An employer must ensure that (1) An employer must obtain a As an employer performing limited
a summary of results of a summary of results of a medical asbestos removal work, you now have
medical examination of a examination of a person carried a duty to obtain a summary of results
person carried out as required out as required by regulation of a medical examination from a
by regulation 4.3.58 indicating 262 indicating whether an registered medical practitioner of
whether an asbestos-related asbestos-related disease exists any employees engaged in ongoing
disease exists and the fitness and the fitness of the person asbestos removal work if there is a
of the person to engage in to engage in limited asbestos risk of exposure to airborne asbestos
asbestos removal work is removal work. fibres in excess of one half of the
provided to the employer by the (2) The employer must keep a asbestos exposure standard.
registered medical practitioner. copy of the summary of results Previously you had to ensure that a
(2) The employer must retain a copy obtained under this regulation summary of the medical examination
of the summary of results for— was provided by the medical
obtained under this regulation (a) a period (not exceeding practitioner.
for— 30 years) determined
(a) a period (not exceeding by the Authority; or
30 years) determined (b) if no period has been
by the Authority; or determined by the Authority,
(b) if no period has been 30 years.
determined by the
Authority, 30 years.
77

4.3.61(2) Person not to perform 264 Class A asbestos removal work Change to duty holder requirements.
asbestos removal work unless
licenced
(2) A person must not perform A person must not perform Class A As a Class A asbestos removal
asbestos removal work of friable asbestos removal work unless that licence holder, you are now permitted
asbestos or within a negative air person— to engage an independent contractor
enclosure at a workplace unless (a) holds a Class A asbestos to perform asbestos removal work
that person— removal licence; or involving the operation of an excavator.
(a) is the holder of a Class A (b) is an employee of a person The independent contractor must be
asbestos removal licence; who holds a Class A supervised at all times by the Class A
or asbestos removal licence; asbestos removal licence holder and
(b) is an employee of the or the asbestos removal supervisor.
holder of a Class A (c) is an independent
asbestos removal licence. 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.
78

4.3.64 Information to job applicants 268 Information to job applicants and Change to duty holder requirements.
independent contractors
An asbestos licence holder must An asbestos removal licence holder As an asbestos removal licence holder,
provide each applicant who applies for must provide each applicant who you now have a new duty to inform
employment with the licence holder to applies for employment with, and each independent contractors who seek
perform asbestos removal work with independent contractor who seeks to to be engaged by you about health
information about— be engaged by, the licence holder to effects and risks associated with the
(a) the health effects and risks perform asbestos removal work with work and their requirement to have
associated with exposure information about— medical examinations as part of the
to airborne asbestos fibres; (a) the health effects and risks work.
and associated with exposure to
(b) the need for, and details of, airborne asbestos fibres;
medical examinations and
required under this (b) the need for, and details of,
Subdivision. medical examinations
required under this
Subdivision.
4.3.66 Training record to be made 270 Training record No change to duty holder
requirements.
An asbestos licence holder performing (1) An asbestos removal licence Regulations 4.2.66 and 4.3.67 from
asbestos removal work must ensure holder performing asbestos the OHS Regulations 2007 have been
that a record is made of the training removal work must make a consolidated.
undertaken by a person performing record of the training undertaken As an asbestos licence holder, you
the asbestos removal work. by a person performing the still have a duty to make a record of
4.3.67 Training record to be retained asbestos removal work. the training undertaken by a person
and made available (2) The asbestos removal licence performing asbestos removal work,
holder must keep the record retain the record and make it readily
An asbestos licence holder performing
of training — available while the work is being
asbestos work must ensure that the
(a) while the person performs performed.
record of training made under
regulation 4.3.66 is— asbestos removal work
for the asbestos removal
(a) retained while the person
licence holder; and
performs asbestos removal
work for the asbestos (b) readily accessible where
licence holder; and the asbestos removal
work is being performed
(b) readily available where
for inspection on request
the asbestos removal
under the Act.
work is being performed.
79

An asbestos licence holder performing An asbestos removal licence holder Due to changes to the Environment
asbestos removal work must ensure performing asbestos removal work Protection Authority requirements,
that asbestos waste is— must ensure that asbestos waste is the application of this regulation has
(a) disposed of as soon as is disposed of— been expanded to permit employers
reasonably practicable; and (a) as soon as reasonably or self-employed persons performing
(b) disposed of in an possible; and limited asbestos removal work to
appropriate manner that (b) in an appropriate manner dispose of asbestos waste at a
eliminates the release of that eliminates the release number of types of premises.
airborne asbestos fibres; of airborne asbestos fibres;
and and
(c) disposed of at a waste (c) at premises—
disposal site licensed by (i) in respect of which
the Environment Protection the occupier is
Authority. licensed by the
Environment
to dispose of
asbestos waste; or
Premises and
Exemptions)
Regulations 2007
applies in relation
to the disposal; or
(iii) set out in a
under regulation
11(1)(b) of the
Environment
Waste Resource)
Regulations 2009
that classifies
asbestos waste
as non-prescribed
industrial waste.
80

4.3.78 Laundering of clothing 281 Laundering of clothing Change to duty holder requirements
(1) An asbestos licence holder (1) An asbestos removal licence As an abestos removal licence holder
performing asbestos removal holder performing asbestos performing asbestos removal work,
work must provide for the removal work must provide for it has been clarified that you must
laundering of personal protective the laundering of personal launder personal protective clothing
clothing that is likely to be protective clothing that is likely that is likely to be contaminated with
contaminated with asbestos to be contaminated with asbestos at a laundry equipped to
and that is not contained and asbestos at a laundry equipped launder asbestos-contaminated
disposed of in accordance with to launder clothing contaminated clothing.
regulations 4.3.76 and 4.3.77. with asbestos if that if that
(2) If an asbestos licence holder clothing is not contained and
performing asbestos removal disposed of in accordance
work arranges for personal with regulations 279 and 280.
protective clothing that is (2) If an asbestos removal licence
likely to be contaminated with holder performing asbestos
asbestos to be laundered at a removal work arranges for
commercial laundry, the licence personal protective clothing that
holder must ensure that— is likely to be contaminated with
(a) the clothing is contained so asbestos to be, the licence
as to eliminate the release holder must ensure that—
of airborne asbestos fibres; (a) the clothing is contained so
and as to eliminate the release
(b) the exterior of the of airborne asbestos fibres;
container— and
(i) is decontaminated (b) the exterior of the
before being removed container—
from the area where (i) is decontaminated
the removal work is before being removed
performed; and from the area where
(ii) indicates the the removal work is
presence of asbestos performed; and
before the clothing is (ii) indicates the presence
transferred to the of asbestos before the
laundry. clothing is transferred
to the laundry.
81

4.3.81 Results of medical 283 Results of medical examinations Change to duty holder requirements.
examinations
(1) The asbestos licence holder (1) The asbestos removal licence As the asbestos removal licence
must ensure that a summary of holder must obtain a summary of holder, you now have a duty to obtain
results of a medical examination results of a medical examination a summary of results of a medical
of a person carried out as of a person carried out as examination of a person to see if an
required by regulation 4.3.79, required by regulation 282, asbestos-related disease exists and
indicating whether an asbestos- indicating whether an asbestos- to determine their fitness to engage
related disease exists and the related disease exists and the in asbestos removal work from
fitness of the person to engage fitness of the person to engage a registered medical practitioner.
in asbestos removal work, is in asbestos removal work. Previously an asbestos removal
provided to the asbestos licence (2) The asbestos removal licence licence holder had to ensure that
holder by the registered medical holder must keep a copy of the a summary of results of a medical
practitioner. summary of results obtained examination was provided.
(2) The asbestos licence holder under this regulation for—
must retain a copy of the (a) a period (not exceeding
summary of results obtained 30 years) determined by
under this regulation for— the Authority; or
(a) A period (not exceeding (b) if no period has been
30 years) determined by determined by the
the Authority; or Authority, 30 years.
(b) if no period has been
determined by the
Authority, 30 years.
4.3.82 Application of Subdivision 284 Application of Subdivision Change to duty holder requirements.
This Subdivision applies to asbestos This Subdivision applies to Class A As a Class A asbestos licence holder,
removal work involving friable asbestos removal work. your duties now expressly include
asbestos-containing material. 5 Definitions friable asbestos that is not fixed or
installed and asbestos-contaminated
Note Class A asbestos removal work,
dust.
A Class A asbestos removal licence means asbestos removal work (other
is required for this removal work. The definition of Class A asbestos
than limited asbestos removal work)
removal work has also been added
1.1.5 Definitions involving the removal of—
to reflect the new duties.
Class A asbestos removal licence (a) friable asbestos; or
means a licence that permits the (b) asbestos-contaminated
holder to remove asbestos of any dust (other than asbestos-
kind as specified in the licence; contaminated dust
associated with or derived
from the removal of
non-friable asbestos);
82

4.3.85 Air monitoring required before 287 Asbestos paraoccupational air Change to duty holder requirements.
commencement of removal work monitoring requirements
If asbestos paraoccupational air If asbestos paraoccupational air As a Class A asbestos licence holder,
monitoring is required under regulation monitoring is required under regulation you now have a duty to not
4.3.91 the asbestos licence holder 292 the Class A asbestos removal recommence Class A asbestos
must not commence asbestos licence holder must not— removal work until the results of most
removal work until that monitoring (a) commence asbestos recent paraoccupational air monitoring
has commenced. removal work until the have been obtained.
asbestos paraoccupational For further information about changes
air monitoring has to licensing, visit worksafe.vic.gov.au
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.
4.3.91 Asbestos paraoccupational air 292 Asbestos paraoccupational air Change to duty holder requirements.
monitoring monitoring
(1) A person who commissions (1) A person who commissions As an employer or person who
asbestos removal work with Class A asbestos removal commissions Class A asbestos
respect to friable asbestos- work must arrange for asbestos removal work, you have a duty to
containing material must arrange paraoccupational air monitoring arrange for an asbestos
for asbestos paraoccupational air to be conducted before the work paraoccupational air monitoring
monitoring to be conducted commences and for the duration sample to be analysed before and
before the work commences and of the work if— during the duration of the asbestos
for the duration of the work if— (a) the asbestos removal work removal work.
(a) The asbestos removal work will be performed indoors; This now applies to asbestos
will be performed indoors; or contaminated dust as well as friable
or (b) the asbestos removal work asbestos-containing material.
(b) The asbestos removal work will be performed outdoors
will be performed outdoors and will constitute a risk
and will constitute a risk to to other persons.
other persons. (2) A person who commissions
(2) A person who commissions Class A asbestos removal work
asbestos removal work must must arrange for an asbestos
arrange for an asbestos paraoccupational air monitoring
paraoccupational air monitoring sample to be analysed as soon
sample to be analysed as soon as reasonably possible after it
as is reasonably possible after is taken.
it is taken.
83

4.3.92 Results of monitoring to be 295 Results of inspection and Change to duty holder requirements.
made available monitoring to go to licence holder
(1) A person who commissions The person who commissioned the As a person who commissions the
asbestos removal work must Class A or Class B asbestos removal Class A or Class B asbestos removal
provide the results of asbestos work must ensure that the results of work, you now have a duty to ensure
paraoccupational air monitoring the inspection and monitoring under that the results of visual inspection
to the asbestos licence holder as regulation 294 are provided to the and asbestos paraoccupational air
soon as the results are received. asbestos removal licence holder. monitoring are provided to the
(2) A person who commissions asbestos removal licence holder;
asbestos removal work must previously this was limited to the
ensure that a copy of the results results of asbestos paraoccupational
of asbestos paraoccupational air air monitoring.
monitoring is accessible to the
health and safety representative
of any affected designated work
group and to any affected
employees.
4.3.96 Clearance certificates 297 Clearance certificates Change to duty holder requirements.
(1) This regulation applies to (1) The person who commissioned Due to the incorporation of the
asbestos removal work of— the Class A or Class B asbestos Dangerous Goods Order 2007, the
(a) friable asbestos-containing removal work must obtain application of this regulation has been
material; or a clearance certificate from expanded to any asbestos. Previously
(b) more than 10 square an independent person on it was limited to fixed or installed
metres of non-friable fixed completion of the asbestos asbestos.
or installed asbestos- removal work and before the
containing material. area where the asbestos removal
(2) The person who commissioned work was being performed is
the asbestos removal work must re-occupied.
obtain a clearance certificate (2) A clearance certificate must
from an independent person state that—
before the area where the (a) an inspection by an
asbestos removal work was independent person has
being performed is re-occupied. 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
cont’d cont’d
84

(3) A clearance certificate must (b) if required under regulation
state that— 292 or 294, asbestos
(a) an inspection by an paraoccupational air
independent person has monitoring in the area
found that there is no where the asbestos removal
visible asbestos residue work was performed
remaining as a result of indicates that the airborne
the asbestos removal work asbestos fibre level is less
in the area where the than 0·01 f/ml. before the
asbestos removal work area where the asbestos
was performed or in removal work was being
the area immediately performed is re-occupied.
surrounding the area where (3) Despite subregulations (1) and
the asbestos removal work (2), a clearance certificate is not
was performed; and required if the asbestos removal
(b) if applicable, asbestos work consisted only of the
paraoccupational air removal of non-friable asbestos-
monitoring in the area containing material not
where the asbestos exceeding 10 square metres
removal work was in total.
performed indicates that
the airborne asbestos fibre
level is less than 0·01 f/ml.
4.3.97 Notification of asbestos 298 Notice of asbestos removal work No change to duty holder
removal work requirements.
(1) Subject to subregulation (5) (1) Subject to subregulation (7) and Regulation 7.1.3(2) and 7.1.3(3)
and regulation 4.3.92(2), regulation 299(2), an asbestos have been incorporated into
the asbestos licence holder removal licence holder must Regulation 298.
must notify the Authority of notify the Authority of asbestos
asbestos removal work in removal work in accordance with
accordance with subregulation subregulation (2)—
(a) if the work involves removal (a) if the work involves removal
of a total area of 10 square of a total area of 10 square
metres or less of non-friable metres or less of non-
asbestos-containing material that friable asbestos-containing
is fixed or installed in a building, material that is present in
structure, ship or plant, a building, structure, ship
at last 24 hours before or plant, at least 24 hours
the work commences; or before the work
(b) in any other case, at least commences; or
5 days before the work (b) in any other case, at least
commences. 5 days before the work
commences.
cont’d cont’d
85

(2) A notification under (2) A notice under subregulation (1)
subregulation (1) must be must be in writing and include
in writing and include the the information in Schedule 13.
information in Schedule 8. (3) Before commencing the
(3) Before commencing the asbestos removal work, the
asbestos removal work, the asbestos removal licence holder
asbestos licence holder must must give a copy of the notice
give a copy of the notification under subregulation (1) to the
under subregulation (1) to the person who commissioned
person who commissioned the the asbestos removal work.
work. (4) If any change occurs to any
(4) An asbestos licence holder information provided at any time
may proceed with the asbestos by the asbestos removal licence
removal work despite notifying holder to the Authority in relation
the Authority of a change under to the notice of a matter that is
regulation 7.1.3. ongoing (whether in notifying
(5) The Authority may vary the the matter, under this regulation
notification requirements under or in any other circumstance),
this regulation by including the asbestos removal licence
a specific condition in a licence holder must advise the Authority
with respect to notification. in writing of that change as soon
as reasonably possible after the
4.3.98 Notification in an unexpected
person becomes aware that the
situation
change has occurred.
(1) This regulation applies to
the following situations
apply in relation to a change of
(an “unexpected situation”)—
supervisor.
(a) a sudden, unexpected
(6) An asbestos removal licence
event, including work
holder may proceed with the
required by non-routine
asbestos removal work despite
failures of equipment,
advising the Authority of a
that may result in persons
change under subregulation (4).
being exposed to airborne
(7) The Authority may vary the
asbestos fibres; or
notice requirements under this
(b) an unexpected breakdown
regulation by including a specific
of an essential service
condition in a licence with
(including gas, water,
respect to notice.
sewerage, electricity
and telecommunications)
that requires immediate
rectification to enable
continuance of that service.
cont’d cont’d
86

(2) In an unexpected situation, the 299 Notice in an unexpected situation
asbestos licence holder must, (1) This regulation applies to the
not later than 24 hours after following situations (an
commencing asbestos removal unexpected situation)—
work, notify the Authority of the (a) a sudden, unexpected
removal work in accordance event, including work
with subregulation (3). required by non-routine
(3) A notification under failures of equipment,
subregulation (2) must be in that may result in persons
writing and include the being exposed to airborne
information in Schedule 8. asbestos fibres; or
(4) The Authority may vary the (b) an unexpected breakdown
notification requirements under of an essential service
this regulation by including a (including gas, water,
specific condition in a licence sewerage, electricity and
with respect to the notification. telecommunications) that
7.1.3 Specific notifications requires immediate
(1) This regulation applies to a rectification to enable
notification to the Authority continuance of that service.
required by— (2) In an unexpected situation,
(a) regulation 4.3.97, in relation the asbestos removal licence
to asbestos removal work; holder must, not later than 24
hours after commencing
(b) regulation 4.3.98, of an
asbestos removal work, notify the
unexpected situation;
Authority of the removal work in
(c) regulation 5.2.27 (presence
accordance with subregulation
of specified quantities
(3).
of certain substances at
(3) A notice under subregulation (2)
a facility).
must be in writing and include
(2) If any change occurs to any
the information in Schedule 13.
information provided at any
(4) If any change occurs to any
time by the person to the
information provided at any time
Authority in relation to the
by the asbestos removal licence
notification of a matter that is
holder to the Authority in relation
ongoing (whether in notifying
to the notice of a matter that is
the matter, under this regulation
ongoing (whether in notifying the
or in any other circumstance), the
matter, under this regulation or
person must advise the Authority
in any other circumstance),
in writing of that change as soon
the asbestos removal licence
as is reasonably possible after
holder must advise the Authority
the person becomes aware that
in writing of that change as soon
the change has occurred.
as reasonably possible after the
person becomes aware that the
change has occurred.
cont’d cont’d
87

(3) Subregulation (2) does not (5) Subregulation (4) does not
apply in relation to a change of apply in relation to a change
supervisor in relation to a matter of supervisor.
for which notification is required (6) The Authority may vary the
by regulation 4.3.97. notice requirements under this
regulation by including a specific
condition in a licence with
respect to the notice.
Division 8—Activities involving Division 8—Activities involving Division 8—Activities involving
asbestos asbestos asbestos
This Division applies to the following This Division applies to the following If you are involved in asbestos-related
activities (asbestos-related activities) activities (asbestos-related activities at a workplace, you now
that are carried out at a workplace— activities) that are carried out at need to be aware of the changes to
(a) the handling, including for a workplace— the Environmental Protection Authority
the purpose of removal or (a) the handling, including for requirements for premises accepting
transport for disposal, of the purpose of removal or asbestos waste.
aircraft and automotive transport for disposal, of Regulation 302 has been updated
components that are aircraft and automotive to reflect these changes.
asbestos-containing components that are
material or that have asbestos-containing
asbestos-containing material or that have
material fixed to them asbestos-containing
or installed in them; material fixed to them
(b) the laundering of or installed in them;
clothing contaminated (b) the laundering of clothing
with asbestos; contaminated with
(c) research involving asbestos; asbestos;
(d) sampling or analysis (c) research involving asbestos;
involving suspected (d) sampling or analysis
asbestos; involving suspected
(e) the transport of asbestos asbestos;
waste for disposal (e) the transport of asbestos
purposes; waste for disposal
(f) working at a site licensed purposes;
by the Environment (f) working at premises—
Protection Authority to (i) in respect of which
accept asbestos waste; the occupier is
(g) the enclosing or sealing licensed by the
of asbestos; Environment
(h) hand drilling and cutting Protection Authority
of asbestoscontaining to dispose of asbestos
material; waste; or
cont’d cont’d
88

(i) maintenance of dust (ii) to which the
extraction equipment, Environment
contaminated with Protection
asbestos; (Scheduled Premises
(j) processing of construction and Exemptions)
and demolition material Regulations 2017
in accordance with the applies in relation
method determined by the to the disposal; or
Authority under regulation (iii) set out in a
4.3.1(b); classification issued
(k) any other activity (other under regulation
than asbestos removal 11(1)(b) of the
work to which Division 7 Environment
applies) that is likely to Protection (Industrial
produce airborne asbestos Waste Resource)
fibres in excess of one half Regulations 2009
of the asbestos exposure that classifies
standard; asbestos waste
(l) any other activity as non-prescribed
determined by the Authority industrial waste;
for the purposes of this (g) the enclosing or sealing
Division. 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;
cont’d
89

(l) any other activity
determined by the
Authority for the purposes
of this Division.
An employer carrying out an An employer carrying out an asbestos- As an employer carrying out an
asbestos-related activity must related activity must ensure that asbestos-related activity, you can
ensure that asbestos waste is— asbestos waste is disposed of— now dispose of asbestos waste at
(a) disposed of as soon as is (a) as soon as reasonably additional sites permitted by the
reasonably practicable; and possible; and Environmental Protection Authority.
(b) disposed of in an (b) in an appropriate manner
appropriate manner that that eliminates the release
eliminates the release of of airborne asbestos fibres;
airborne asbestos fibres; and
and (c) at premises—
(c) disposed of at a waste (i) in respect of which
disposal site licensed by the occupier is
the Environment Protection licensed by the
Authority. Environment
to dispose of
asbestos waste; or
Premises and
Exemptions)
Regulations 2017
applies in relation
to the disposal; or
(iii) set out in a
under regulation
11(1)(b) of the
Environment
Waste Resource)
Regulations 2009
that classifies
asbestos waste as
non-prescribed
industrial waste.
90

4.3.116 Laundering of clothing 317 Laundering of clothing Change to duty holder requirements.
(1) An employer carrying out an (1) An employer carrying out an As an employer carrying out an
asbestos-related activity must asbestos-related activity must asbestos-related activity, you have
provide for the laundering of provide for the laundering of a duty to provide for the laundering
personal protective clothing that personal protective clothing that of personal protective clothing that
is used for an asbestos-related is used for an activity and that is used and that is likely to be
activity and that is likely to be is likely to be contaminated with contaminated with asbestos.
contaminated with asbestos asbestos at a laundry equipped It has been clarified that you must
and that is not contained and to launder clothing contaminated have this protective clothing laundered
disposed of in accordance with with asbestos if that clothing is at laundries equipped to launder
regulations 4.3.114 and 4.3.115. not contained and disposed of in asbestos contaminated clothing.
(2) If the employer arranges for accordance with regulations 315
personal protective clothing that and 316.
is likely to be contaminated with (2) If the employer arranges for
asbestos to be laundered at a personal protective clothing that
commercial laundry, the employer is likely to be contaminated with
must ensure that— asbestos to be laundered, the
(a) The clothing is contained employer must ensure that—
so as to eliminate the (a) the clothing is contained so
release of airborne as to eliminate the release
asbestos fibres; and of airborne asbestos fibres;
(b) The exterior of the and
container— (b) the exterior of the
(i) is decontaminated container—
before being removed (i) is decontaminated
from the work area; before being removed
and from the work area;
(ii) indicates the and
presence of asbestos (ii) indicates the presence
before the clothing is of asbestos before the
transferred to the clothing is transferred
laundry. to the laundry.
91

Schedule 6—Asbestos This Schedule has been removed. No change to duty holder
requirements.
Regulation 4.3.18 This schedule no longer applies
and has been removed from the
Categories of asbestos containing
OHS Regulations 2017.
material containing chrysotile
asbestos and their uses If you are involved with the use,
re-use, installation and replacement
Category 1 of asbestos-contaminated material,
Products consisting of a mixture of you are no longer exempt in relation
asbestos and phenol formaldehyde to chrysotile asbestos under regulation
resin or asbestos and cresylic 4.3.18 as it was only in effect until
formaldehyde resin that are used in— 1 January 2008.
(a) vanes for rotary vacuum The exemption for Category 1 and 2
pumps; or asbestos-contaminated material was
(b) vanes for rotary in effect until 1 January 2008,
compressors; or while Category 3 was in effect until
(c) split face seals of at least 1 January 2011.
150 millimetres in diameter
used to prevent leakage
of water from cooling
water pumps in fossil
fuel electricity generating
stations.
Category 2
Chrysotile-containing parts and
components in relation to which an
exemption under the Occupational
Health and Safety (Commonwealth
Employment) (National Standards)
Regulations 1994 of the
Commonwealth has been granted
to the Commonwealth Department
of Defence or the Australian
Defence Force.
Category 3
Chrysotile-containing parts and
components in relation to which an
exemption under the Occupational
Health and Safety (Safety Standards)
Regulations 1994 of the
Commonwealth has been granted
to the Commonwealth Department
of Defence or the Australian
Defence Force.
92

Schedule 7—Asbestos Schedule 12—Information required Change to duty holder requirements.
to be included in an asbestos
control plan
Regulation 4.3.69 Regulation 272 If you are required to have an
(1) A record to indicate that the asbestos control plan, you now have
Information required to be included
notice requirements have a duty to include the name of any
in an asbestos control plan
been met and that required independent contractors engaged,
(1) A record to indicate that the namely excavator operators, in the
documentation is kept at the
notification requirements have plan.
workplace where the asbestos
been met and that required
removal work is performed. You are also required to include in
documentation is kept at the
(2) In relation to asbestos— the control plan in relation to asbestos,
workplace where the asbestos
(a) its location; the quantity proposed to be removed.
removal work is performed.
(b) the quantity of asbestos This requirement was added following
(2) In relation to asbestos—
proposed to be removed; the incorporation of the Dangerous
(a) its location; Goods Order 2007 into the OHS
and
(b) in relation to asbestos- Regulations 2017.
containing material— (c) in relation to asbestos-
containing material—
(i) whether the asbestos-
containing material is (i) whether the asbestos-
friable or non-friable; containing material is
friable or non-friable;
(ii) the type of asbestos-
containing material; (ii) the type of asbestos-
containing material;
(iii) the condition of the
asbestos-containing (iii) the condition of the
material; asbestos-containing
material.
(iv) the quantity of
asbestos-containing (3) The type of personal protective
material proposed to clothing and personal protective
be removted. equipment to be used, including
respiratory protective equipment.
(3) The type of personal protective
clothing and personal protective (4) Proposed risk control measures
equipment to be used, including to be used to prevent release of
respiratory protective equipment. airborne asbestos fibres from the
area where the asbestos removal
(4) Proposed risk control measures
work is being performed.
to be used to prevent release of
airborne asbestos fibres from the (5) If the area where the asbestos
area where the asbestos removal removal work is being performed
work is being performed. in a negative air enclosure,
details regarding—
(5) If the area where the asbestos
removal work is being performed (a) smoke testing; and
in a negative air enclosure, (b) negative air units.
details regarding— (6) Details of decontamination
(a) smoke testing; procedures for—
(b) negative air units. (a) persons performing the
asbestos removal work;
cont’d cont’d
93

(6) Details of decontamination (b) tools and equipment used
procedures for— for the asbestos removal
(a) persons performing the work; and
asbestos removal work; (c) non-disposable personal
(b) tools and equipment used protective clothing and
for the asbestos removal personal protective
work; equipment.
(c) non-disposable personal (7) Method of disposal of—
protective clothing and (a) asbestos waste;
personal protective (b) disposable personal
equipment. protective clothing and
(7) Method of disposal of— personal protective
(a) asbestos waste; equipment; and
(b) disposable personal (c) the structure used to
protective clothing and enclose the area where
personal protective the asbestos removal work
equipment; is being performed.
(c) the structure used to (8) Administrative controls to be
enclose the area where implemented, including—
the asbestos removal work (a) security; and
is being performed. (b) work practices.
(8) Administrative controls to be (9) Methods of cleaning following
implemented, including— asbestos removal work.
(a) security; (10) Names of persons engaged
(b) work practices. by the licence holder or person
(9) Methods of cleaning following who commissioned the asbestos
asbestos removal work. removal work (as applicable)
(10) Names of persons engaged by to conduct asbestos
the licence holder or person paraoccupational air monitoring
who commissioned the work (if any) and to conduct the
(as applicable) to conduct clearance inspection.
asbestos paraoccupational air (11) Names of any independent
monitoring (if any) and to contractors engaged by the
conduct the clearance asbestos removal licence
inspection. holder to perform asbestos
removal work.
94

Schedule 8—Asbestos Schedule 13—Information required Change to duty holder requirements.
to be included in a notice of asbestos
removal work
Regulations 4.3.97 and 4.3.98 Regulations 298 and 299 If you have to write a notice of
(1) The name, registered business asbestos removal work, you are now
Information required to be included
name, Australian Business required to also include in the notice
in a notification of asbestos removal
Number, licence number and whether it is asbestos-contaminated
work
contact details of the licence dust (item 7), the number of
(1) The name, registered business contractors, namely excavator
holder.
name, Australian Business operators (item 11), and the name
Number, licence number and (2) The name of the supervisor
who will oversee the asbestos of the independent person who
contact details of the licence determined that airborne asbestos
holder. removal work and the
supervisor’s contact details. fibre levels are likely to be less than
(2) The name of the supervisor one half of the exposure standard.
who will oversee the asbestos (3) The name and contact details
removal work and the of the person who commissioned
supervisor’s contact details. the asbestos removal work.
(3) The client name and contact (4) The name, including registered
details. business or corporate name,
and address of the workplace
(4) The name, including registered
and type of workplace where the
business or corporate name, and
asbestos removal work will be
address of the workplace and
performed including the specific
type of workplace where the
location if it is a large workplace.
asbestos removal work will be
performed including the specific (5) The date of notice.
location if it is a large workplace. (6) The commencement date
(5) The date of notification. and estimated duration of
the asbestos removal work.
(6) The commencement date
and estimated duration of (7) Whether the asbestos is friable
the asbestos removal work. asbestos-containing material,
non-friable asbestos-containing
(7) Whether the asbestos is friable
material or asbestos-
asbestos-containing material or
contaminated dust.
non-friable asbestos-containing
material. (8) If the work is Class A asbestos
removal work, details of the way
(8) If friable asbestos-containing
that the area where the asbestos
material is to be removed, details
removal work is to be performed
of the way that the area where
will be enclosed.
the asbestos removal work is to
be performed will be enclosed. (9) The type of asbestos-containing
material.
(9) The type of asbestos-containing
material. (10) The estimated quantity of
asbestos to be removed.
(10) The estimated quantity of
asbestos to be removed. (11) The number of persons who
will perform the asbestos
(11) The number of employees
removal work.
who will perform the asbestos
removal work.
cont’d cont’d
95

(12) Details of training and (12) Details of training and
experience of those individual experience of those individual
employees, if different to the persons, if different to the
information notified previously. information notified previously.
(13) The date of any asbestos (13) If an independent person has
register or employer’s asbestos determined that airborne
register used to prepare the asbestos fibres levels are likely
asbestos control plan. to be less than one half of the
asbestos exposure standard,
the name of that independent
person.
Part 4.4 Lead Part 4.3 Lead Part 4.3 Lead
4.4.5(2) Medical examinations and 181(2) Medical examinations and Change to duty holder requirements.
biological monitoring biological monitoring
(2) In this Part, a requirement for (2) In this Part, a requirement for Haematocrit correction is no longer
biological monitoring of a person biological monitoring of a person required when undertaking blood lead
is a requirement for biological is a requirement for biological level analysis.
monitoring that consists of the monitoring that consists of the
testing of the venous blood of testing of the venous blood of
the person by a pathology the person by a pathology
service accredited by NATA service accredited by NATA
under the supervision of a under the supervision of a
registered medical practitioner registered medical practitioner
to determine the amount of lead to determine the amount of
in the blood corrected to a lead in the blood.
haematocrit of 0·45 (45%) for
males and a haematocrit of
0·42 (42%) for females.
96

Chapter 5—Hazardous industries Chapter 5—Hazardous industries Chapter 5—Hazardous industries
Part 5.1—Construction Part 5.1—Construction Part 5.1—Construction
5.1.5 What is a safe work method 324 What is a safe work method Change to duty holder requirements.
statement? statement?
In this Part a safe work method In this Part a safe work method As an employer or self-employed
statement means a document that— statement means a document that— person, the regulations specifically
(a) identifies work that is high (a) identifies work that is high require you to ensure your safe work
risk construction work; and risk construction work; and method statement (SWMS) is set out
(b) states the hazards and risks (b) states the hazards and and expressed in a way that is readily
of that work; and risks of that work; and accessible and comprehensible to the
(c) sufficiently describes (c) sufficiently describes persons who use it.
measures to control those measures to control those This explicit requirement reflects
risks; and risks; and WorkSafe’s current policy and
(d) describes how the risk (d) describes how the risk guidance on SWMS.
control measures are to control measures are to
be implemented. be implemented; and
(e) is set out and expressed
in a way that is readily
accessible and
comprehensible to the
persons who use it.
97

5.1.6 Self-employed person to have This regulation has been removed. No change to duty holder
the same duties as an employer requirements.
(1) A self-employed person must As a self-employed person, where
comply with the requirements you have a duty within Part 5.1 of
of this Part as if that person the OHS Regulations 2017 and where
were an employer. such a duty is required to be compliant
(2) If a provision of this Part is with the OHS Act, this duty will now
an Act compliance provision, be specifically referenced in the
compliance by a self-employed relevant regulation rather than in an
person with that provision in overarching provision that requires you
respect of a matter is the way to comply with the whole of the Part.
that the self-employed person
complies with the self-employed
person’s duty under section
24 of the Act in respect of
that matter.
(3) A self-employed person’s duties
under this regulation apply only
so far as to ensure, so far as is
persons are not exposed to
risks to their health and safety
arising from the conduct of the
undertaking of the self-employed
person.
98

Division 2—Control of risk Division 2—Control of risk Division 2—Control of risk
No equivalent regulation. 331 Emergency procedures Change to duty holder requirements.
(1) This section applies to As an employer or self-employed
construction work if there is person, the OHS Regulations 2017
a risk of a person becoming now explicitly require you to develop
engulfed by soil or other material emergency procedures if there is a
when the work is performed. risk of a person becoming engulfed
(2) An employer or self-employed by soil or other material when
person must establish construction work is being performed.
emergency procedures in Rescues in these circumstances need
accordance with subregulations to occur quickly and may involve a risk
(3) and (4) before the of further ground collapse which can
construction work is undertaken. put both trapped people and their
(3) The employer or self-employed rescuers at risk. An engulfment hazard
person must ensure that the has a similar risk profile to falls and
emergency procedures— confined spaces hazards that already
(a) so far as is reasonably have specific emergency response
practicable, enable— requirements within the regulations.
(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
risk, reduced so far as is
reasonably practicable.
cont’d
99

(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.
Division 3—Induction training for Division 3—Construction induction Division 3—Construction induction
construction work training training
5.1.19 Application of Division 338 Application of Division No change to duty holder
requirements.
This Division applies to all persons at a This Division applies to all persons at a If you undertake construction
workplace at which construction work workplace at which construction work work you are still required to have
is performed, with the exception of— is performed, with the exception of— undertaken construction induction
(a) visitors to the workplace (a) visitors to the workplace training and hold a construction
who are accompanied at all who are accompanied at all induction training card (CI card) or
times by a person who has times by a person who has provide specified evidence of having
received construction received construction undertaken the required construction
induction training; and induction training; and induction training. There are no
(b) persons temporarily at the (b) persons temporarily at the changes to the CI card application
workplace to deliver plant, workplace to deliver plant, process.
supplies or materials. supplies or materials. However, you are no longer required
to register for construction work.
5.1.20 Construction induction training 339 Construction induction training
The registration provisions have been
to be provided to be provided
removed from the OHS Regulations
(1) Subject to regulation 5.1.23, (1) Subject to regulation 342, 2017.
an employer must ensure that an employer must ensure that
construction induction training is construction induction training is
provided in accordance with this provided in accordance with this
regulation to a person who is regulation to a person who—
employed to perform (a) is employed to perform
construction work and— construction work; and
(a) who is neither registered, (b) does not hold a current
nor taken under these construction induction card.
Regulations to be (2) The construction induction
registered, under Part 6.2 training must be provided to
(Registration) to perform the person before the person
construction work; or commences construction work.
(b) who has not performed (3) The construction induction
construction work in the training must be provided by
preceding 2 years. a construction RTO.
(2) The construction induction
340 Requirement to hold a current
training must be provided to
the person before the person
commences construction work. Subject to regulation 342, a person
must not perform construction work at
(3) The construction induction
a workplace unless the person holds a
training must be provided by
current construction induction card.
a construction RTO.
cont’d cont’d
100

5.1.21 Requirement to be registered 341 Employer must not allow a
Subject to regulation 5.1.23, a person person to perform construction work
must not perform construction work unless the person holds a current
at a workplace unless the person is construction induction card
registered, or taken under these (1) Subject to regulation 342,
Regulations to be registered, under an employer must not
Part 6.2 (Registration) to perform knowingly allow a person
construction work. whom the employer employs
5.1.22 Employer must not allow to perform construction work
unregistered employee to perform unless the person holds a current
construction work construction induction card.
(2) A reference in subregulation (1)
Subject to regulation 5.1.23, an
to a person employed by the
employer must not knowingly allow a
employer includes a person
person (including a person placed with
placed with the employer under
an employer under a work experience
a work experience arrangement
arrangement under the Education and
under the Education and
Training Reform Act 2006) whom the
Training Reform Act 2006.
employer employs to perform
construction work unless the person 342 Exemptions
is registered, or taken under these (1) Regulations 339, 340 and 341
Regulations to be registered, under do not apply in relation to a
Part 6.2 (Registration) to perform person who is employed to
construction work. perform construction work during
5.1.23 Temporary exemption the period of 28 days after the
person’s employment
(1) If an employer employs a person
commences if—
to perform construction work,
regulations 5.1.20, 5.1.21 and (a) the person has not
5.1.22 do not apply for the first performed construction
28 consecutive days if— work during the preceding
2 years; and
(a) the person employed has
not performed construction (b) the employer makes an
work in the preceding 2 application and pays for
years; and the person to undertake
construction induction
(b) the employer ensures
training before or during
that an application for
the period of 28 days; and
the person to undertake
training is made and paid
for by the employer before
or during that 28 day
period.
cont’d cont’d
101

(2) The employer must ensure that (c) the employer ensures that
the person employed receives— the person receives direct
(a) direct supervision; and supervision, directions,
(b) directions, demonstrations demonstrations and
and monitoring— monitoring appropriate
appropriate to the to the construction work
construction work performed by the person
performed by the person, for the 28 day period so
for the 28 day period that, so far as is reasonably
referred to in subregulation practicable, the person
(1), so that, so far as is can perform the work in
reasonably practicable, a manner that is safe and
the person can perform without risks to health.
the work in a manner that (2) Regulations 339, 340 and
is safe and without risks 341 do not apply in relation
to health. to a person who is employed
to perform construction work
5.1.24 Offence to refuse to accept
during the period of 60 days
after the person has been issued
(1) An employer must not knowingly with a construction statement
refuse to accept a current of attainment.
(3) Regulations 339, 340 and
from a person as evidence of
341 do not apply in relation
the registration of that person
to a person who is employed
for the purposes of this Part.
if the person—
(2) For the purposes of
(a) completed the Construction
subregulation (1), construction
Induction Basic Induction
induction card means—
Training course before
(a) a construction induction 1 July 2008 and holds
card issued by the Authority a card evidencing that
under Part 6.2 completion; and
(Registration);
(b) has performed construction
(b) recognised evidence of work in the preceding
construction induction 2 years.
training;
(c) a construction statement
of attainment issued to a
person within the previous
60 day period;
cont’d cont’d
102

(d) a card evidencing (4) Regulations 339, 340 and 341
completion before 1 July do not apply in relation to a
2008 of the Construction person who is employed to
Industry Basic Induction perform construction work if the
training course. person has recognised evidence
Part 6.2 – Division 4—Registration to of construction induction training
perform construction work (6.2.15 – and—
6.2.21) (a) not more than 2 years
have passed since the
Consequential amendments arising
recognised evidence of
from the removal of the above
Registration provisions in relation
training was issued; or
to the performance of construction
work have been included in Part 5.1 (b) the person has performed
– Division 3—Construction induction construction work in the
training (Regulations 338 – 353) preceding 2 years.
Regulations 343 - 353 include
consequential amendments arising
from the removal of Part 6.2 -
Division 4 - Registration to perform
construction work (6.2.15 - 6.2.21)
in relation to construction induction
cards and statements of attainment.
Part 5.2—Major Hazard Facilities Part 5.2—Major hazard facilities Part 5.2—Major hazard facilities
Division 3—Safety duties of operators Division 6—Safety duties of operators Division 6—Safety duties of operators
5.2.5 Safety Management System 372 Safety management system No change to duty holder
requirements.
(1) The operator of a major hazard (1) The operator of a major hazard The content requirements for a
facility must establish and facility must establish and Safety Management System remain
implement a Safety Management implement the same but they have been
System for the major hazard a safety management system for consolidated in Schedule 15 of
facility, in accordance with this the major hazard facility, in the OHS Regulations 2017.
regulation. accordance with this regulation, As a major hazard facility operator,
(2) The operator must use the which provides a comprehensive you can now refer to Schedule 15
Safety Management System as and integrated management of the new regulations for details
the primary means of ensuring system for of all content required in a Safety
the safe operation of the major all risk control measures adopted Management System.
hazard facility. under this Part. There is a new provision at 373 to
(3) A Safety Management System (2) The operator must use the safety make clear that you must keep the
must — management system as the Safety Management System available
(a) be documented; and primary means of ensuring the for inspection as required under the
(b) provide a comprehensive safe operation of the major OHS Act.
and integrated hazard facility. Note that 5.2.5(4) has now been
management system for moved into a separate provision
all aspects of risk control (regulation 374).
measures adopted under
this Part; and
cont’d cont’d
103

(c) be set out and expressed (3) The operator of a major hazard
in a way that is readily facility must ensure that the
accessible and safety management system—
comprehensible to (a) is documented; and
persons who use it; and (b) is set out and expressed
(d) set out the operator’s in a way that is readily
safety policy, including the accessible and
operator’s broad aims in comprehensible to persons
relation to the safe who use it; and
operation of the major (c) includes all of the matters
hazard facility; and specified in Schedule 15.
(e) set out the operator’s
373 Operator to keep safety
specific safety objectives
management system available
and describe the systems
The operator of a major hazard facility
and procedures by which
must keep the documented safety
those objectives are to be
management system available for
achieved; and inspection on request under the Act.
(f) set out how the operator
374 Review of safety management
intends to comply with this
system
Division and Division 5; and
(g) include all of the matters The operator of a major hazard facility
must review and, if necessary, revise
specified in Schedule 10.
the safety management system at
(4) The operator of a major hazard least once every 5 years as well as
facility must review and, if in the following circumstances—
necessary, revise the Safety (a) before a modification is
Management System if— made to the major hazard
(a) a modification is made to facility;
the major hazard facility; or (b) after a major incident
(b) a major incident occurs at occurs at the major
the major hazard facility— hazard facility.
and in any event at least
once every 5 years.
5.2.9 Emergency plan 375 Emergency plan Change to duty holder requirements.
(1) The operator of a major hazard (1) The operator of a major As an operator of a major hazard
facility must prepare an hazard facility must prepare facility, you now have a duty to provide
emergency plan for the major an emergency plan for the major a copy of the parts of the emergency
hazard facility in accordance hazard facility in accordance plan relevant to the off-site
with this regulation. with this regulation. consequences of a major incident
(2) The emergency plan prepared (2) The emergency plan must to municipal councils in the area
under this regulation must be be included as a risk control occupied by the local community.
included as a risk control measure adopted under This will help to ensure municipal
measure adopted under regulation 371 for that councils are able to prepare and
regulation 5.2.8 for that major hazard facility. respond more quickly in the event
major hazard facility. of a major incident.
cont’d cont’d cont’d
104

(3) An emergency plan must— (3) The emergency plan must— In addition, you must be able to carry
(a) address the potential (a) address the potential out the emergency plan immediately
on-site and off-site on-site and off-site if a major incident, or an uncontrolled
consequences of a major consequences of a major event or incident which could lead to
incident occurring; and incident occurring; and a major incident, occurs.
(b) include all matters specified (b) include all matters specified
in Schedule 11; and in Schedule 16; and
(c) be prepared in conjunction (c) be prepared in conjunction
with— with—
(i) the emergency (i) the emergency
services that have services that have
responsibility for the responsibility for the
area in which the area in which the
major hazard facility major hazard facility
is located; and is located; and
(ii) in relation to the (ii) in relation to the
off-site consequences off-site consequences
of a major incident of a major incident
occurring, the occurring, the
municipal councils in municipal councils in
the area occupied by the area occupied by
the local community. the local community.
(4) After preparing an emergency (4) The operator of a major hazard
plan, the operator must— facility must ensure that the
(a) keep a copy of the emergency plan is able to be
emergency plan at the carried out immediately if—
major hazard facility for (i) a major incident
use by the emergency occurs; or
services consulted under (ii) an uncontrolled event
subregulation (3)(c)(i); and or incident occurs that
(b) inform those emergency could reasonably be
services of the location of expected to lead to
the copy of the emergency a major incident.
plan; and 376 Emergency plan to be kept and
(c) forward a copy of the sent to emergency services and
plan to those emergency municipal councils
services.
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
cont’d
105

(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.
5.2.12 Review by operator 379 Review by operator No change to duty holder
requirements.
(1) The operator of a major hazard (1) In order to ensure that an The revised provision makes clear
facility who has— operator of a major hazard facility that as an operator of a major hazard
(a) identified major incident is complying with regulation 371 facility, you must review and revise
hazards and possible major by adopting appropriate risk the emergency plan at least every
incidents under regulation control measures, the operator five years, as well as in the
5.2.6; or must review and, if necessary, circumstances set out at 379(2).
(b) conducted a Safety revise the following—
Assessment under (a) the major incident hazards
regulation 5.2.7; or and possible major
(c) adopted risk control incidents identified under
measures under regulation regulation 368;
5.2.8— (b) the safety assessment;
must review and, if necessary, (c) the risk control measures
revise those matters to ensure adopted under regulation
that the risk control measures 371;
adopted are such that the (d) the emergency plan.
operator continues to comply (2) A review under this regulation
with regulation 5.2.8. must be conducted at least
(2) A review and revision under this every 5 years as well as in
regulation must be conducted— the following circumstances—
(a) at the direction of the (a) at the direction of the
Authority; or Authority;
(b) before a modification is (b) before any modification is
made to the major hazard made to the major hazard
facility; or facility;
cont’d cont’d
106

(c) after a major incident (c) after any major incident
occurs at the major hazard occurs at the major hazard
facility; or facility;
(d) when an effectiveness (d) when an effectiveness test
test indicates a deficiency indicates a deficiency in
in a risk control measure; or a risk control measure;
(e) if there has been any (e) if there has been any
change to the change to the
circumstances that formed circumstances that
part of the initial Property formed part of the property
Protection Assessment protection assessment
under regulation 5.2.36; or under regulation 382;
(f) if a health and safety (f) after receiving a request
representative requests from a health and safety
the operator to conduct representative.
a review— (3) A health and safety
and in any event at least representative may make a
once every 5 years. request under subregulation (2)
(3) A health and safety (f) if the health and safety
representative may make a representative believes on
request under subregulation (2) reasonable grounds that—
(f) if the health and safety (a) any of the circumstances
representative believes on referred to in subregulation
reasonable grounds that— (2)(a) to (e) exists; or
(a) any of the circumstances (b) the operator has failed—
referred to in (i) to properly review the
subregulations (2)(a) to (2) risk control measures;
(e) exists; or or
(b) the operator has failed— (ii) to take into account
(i) to properly review the any of the
risk control measures; circumstances
or referred to in
(ii) to take into account subregulation (2)(a)
any of the to (e) in conducting a
circumstances review of, or revising,
referred to in the risk control
subregulations (2)(a) measures.
to (2)(e) in conducting (4) The operator must review and, if
a review of the risk necessary, revise the emergency
control measures. plan for the major hazard facility
in conjunction with—
cont’d cont’d
107

(4) The operator must review and, if (a) the emergency services
necessary, revise the emergency that have responsibility for
plan for the major hazard facility the area in which the major
in conjunction with— hazard facility is located;
(a) the emergency services and
that have responsibility for (b) in relation to the off-site
the area in which the major consequences of a major
hazard facility is located; incident occurring, the
and municipal councils within
(b) in relation to the off-site the area occupied by
consequences of a major the local community.
incident occurring, the
municipal councils within
the area occupied by
the local community.
Division 4—Safety Case Division 8—Safety Case Division 8—Safety Case
5.2.17 Review of Safety Case 387 Review of safety case Change to duty holder requirements.
(1) An operator of a major hazard (1) The operator of a major hazard As an operator of a major hazard
facility must review and revise facility must review and revise facility, you now have more flexibility
the Safety Case for the major the safety case for the major in providing revised information to
hazard facility if— hazard facility if— WorkSafe following a review of the
(a) the risk control measures (a) the risk control measures safety case for your major hazard
are revised under regulation are revised under regulation facility.
5.2.12; or 379; or You can now provide WorkSafe with
(b) the operator intends to (b) the operator intends to details of the changes made to the
apply for the renewal of apply for the renewal of safety case, rather than the entire
the operator’s major hazard the operator’s major hazard revised safety case.
facility licence under Part facility licence under Part You can also still provide the entire
6.1 (Licences); or 6.1 (Licences); or revised safety case by choice, and
(c) a Property Protection (c) a property protection will be required to do so upon a
Assessment is revised assessment for the facility request by WorkSafe.
under regulation 5.2.37. is revised under regulation
(2) A revised Safety Case must— 383.
(a) include all of the matters (2) A revised safety case must—
required under regulation (a) include all of the matters
5.2.15; and required under regulation
(b) specify the changes 385; and
made to the Safety Case in (b) specify the changes
relation to matters specified made to the safety case in
in regulation 5.2.15(1). relation to matters specified
(3) If a Safety Case is revised by in regulation 385(1).
the operator of a major hazard (3) If a safety case is revised by
facility, the operator must provide the operator of a major hazard
a copy of the revised Safety facility, the operator must, as
Case to the Authority as soon soon as reasonably possible after
as is reasonably possible after the revision is made, provide to
the revision is made. the Authority a copy of—
cont’d
108

(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).
Division 7—Determination of major Division 4—Determination of major Division 4—Determination of major
hazard facility hazard facility hazard facility
5.2.27 Operators of certain facilities 360 Operators of certain facilities to Change to duty holder requirements.
to notify Authority notify Authority
(1) The operator of a facility at (1) Subject to subregulation (2), Under the OHS Regulations 2017,
which Schedule 9 materials are the operator of a facility at which an operator of a facility that is not yet
present or likely to be present in Schedule 14 materials are a major hazard facility is required to
a quantity exceeding 10% of present, or likely to be present, notify WorkSafe where materials
their threshold quantity but less in a quantity exceeding 10% listed in Schedule 14 are present at
than their threshold quantity of their threshold quantity must the facility in a quantity exceeding
must notify the Authority of this notify the Authority of this 10% of their threshold.
circumstance in accordance with circumstance in accordance To reduce confusion about who has
this regulation. with this regulation. to notify, the upper limit on the quantity
(2) The notification must be given (2) Subregulation (1) does not apply required for notification has been
within 30 days after the operator to— removed. That is, the new provision
becomes aware, or ought (a) a person who has applied requires a facility operator to notify
reasonably to have become under regulation 514 to the the Authority where they hold
aware, of the circumstance Authority for registration to Schedule 14 materials at or above
giving rise to the requirement operate the facility as a threshold levels, as well as where
to notify. major hazard facility; or they hold amounts above 10% but
(b) an operator of a registered less than full threshold.
major hazard facility. To ensure that this change does not
(3) The notice under subregulation duplicate existing requirements and
(1) must be given within 30 days impose undue burden on operators,
after the operator becomes the provision makes clear that a
aware, or ought reasonably person who has already registered
to have become aware, of the (or applied to register) a proposed
circumstance giving rise to the major hazard facility would not have
requirement to notify. to provide a notification for the same
(4) Without limiting regulation 532, facility.
the notice must contain—
cont’d
109

(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.
Schedule 9—Materials at Schedule 14—Materials at Change to duty holder requirements.
Major Hazard Facilities major hazard facilities and their
(and their thresholds) threshold quantities
Regulation 1.1.5 Regulation 5 Schedule 14 of OHS Regulations
Refer to OHS Regulations 2007 Refer to OHS Regulations 2017 2017 has been updated to reflect
for detail. for detail. improved safety knowledge about the
storage of hazardous materials and
to align with the Globally Harmonized
System of Classification and Labelling
of Chemicals (GHS) terminology.
As an operator of a major hazard
facility, you need to review Schedule
14 to determine whether any changes
to material descriptions or thresholds
affect your operations. For example,
operators should consider whether
any hazardous materials they have
on site are subject to a revised
threshold quantity.
Refer to the regulations for full
details of the schedules.
110

Schedule 11—Major Hazard Facilities Schedule 16—Matters to be included Change to duty holder requirements.
in major hazard facility emergency
plan
Regulation 5.2.9 Regulation 375 As an operator of a major hazard
1 Site and hazard detail facility, you now have a duty to
Matters to be included in Emergency
1.1 The name, location, postal consider the protection of emergency
Plan
address and nature of the services personnel when preparing
1 Site and hazard detail an emergency plan. The new duty
operations of the major
1.1 The name, location, postal has been inserted into Schedule 16
hazard facility.
address and nature of the (at 1.6) of the OHS regulations 2017.
operations of the major 1.2 A detailed map of—
This ensures that the potential impact
hazard facility. (a) the site of the major
of a major incident on first responders
1.2 A detailed map of— hazard facility; and
is planned for as part of the
(a) the site of the major (b) the area surrounding the
preparation and implementation of
hazard facility; site showing details of
the facility’s emergency plan.
residents, the built and
(b) the area surrounding Requirements in the rest of the
natural environment,
the site showing details Schedule are unchanged.
closely located major
of residents, the built and
hazard facilities and all
natural environment, closely
other neighbours whose
located major hazard
health or safety could be
facilities and all other
adversely affected by a
neighbours whose health
major incident.
or safety could be adversely
affected by a major The map must also identify all
incident. potentially hazardous inventories
in the area that are known to the
The map should also identify all
operator and the location of all
potentially hazardous inventories
staging points for emergency
in the area that are known to the
services.
operator and the location of all
staging points for emergency 1.3 Inventory of Schedule 14
services. materials present or likely to be
present at the major hazard
1.3 Inventory of Schedule 9 materials
facility.
present or likely to be present at
the major hazard facility. 1.4 Minimum and maximum number
of employees expected to be
1.4 Minimum and maximum number
on-site at any one time and their
of employees expected to be
likely or normal location within
on-site at any one time and their
the major hazard facility.
likely or normal location within
the major hazard facility. 1.5 Infrastructure likely to be
affected by a major incident,
1.5 Infrastructure likely to be
including any utilities, road, rail,
affected by a major incident,
airport or shipping infrastructure.
including any utilities, road, rail,
airport or shipping infrastructure.
cont’d cont’d
111

1.6 Emergency planning 1.6 Emergency planning
assumptions, including assumptions for each identified
emergency measures planned major incident, including—
for identified major incidents, (a) planned emergency
the area likely to be affected, measures; and
the likely duration of events, (b) the area likely to be
protection of the local affected; and
community, including other (c) the likely duration of events;
nearby facilities, and the built and
and natural environment.
(d) protection of the local
1.7 For each major incident hazard community; and
and major incident, a description
(e) protection of nearby
of the measures taken and to
facilities; and
be taken to control or limit the
(f) protection of the built and
natural environment; and
incident, including a description
of all protective resources (g) protection of any
available and all emergency emergency services
response procedures. 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
incident, including a description
of all protective resources
available and all emergency
response procedures.
112

Schedule 12—Major hazard facilities Schedule 17—Additional matters to Change to duty holder requirements.
be included in major hazard facility
safety case
Regulations 5.2.15(1)(c) and 8.1.8(7) Regulation 385 As an operator of a major hazard
facility, you no longer have to provide
Additional matters to be included A FACILITY DESCRIPTION
graphically presented demographic
in Safety Case 2 The surrounding area information for the local community
A FACILITY DESCRIPTION 2.1 A plan to scale of the facility and in your safety case.
2 The surrounding area its surrounding area showing the You now have a duty to provide
following— seismic data in the safety case where
2.1 A plan to scale of the facility and
its surrounding area showing— (a) the location of the facility it is relevant to the risk of a major
within the surrounding area; incident at a major hazard facility.
(a) the location of the facility
within the surrounding area; (b) topographical information; The likelihood and consequence of a
(b) topographical information; (c) surrounding land uses; major incident may be affected by the
(d) the location of any type and nature of any seismic activity
(c) surrounding land uses;
identified external threats posing a risk and it is therefore useful
(d) the location of any
(including other major to have this data included in a safety
identified external threats
hazard facilities or other case where it is relevant.
(including other major
facilities that could affect You now also have a duty to provide
hazard facilities or other
the safety of the major a summary of any notifiable incidents
facilities that could affect
hazard facility). (i.e. incidents that require notification
the safety of the major
2.2 Demographic information for to WorkSafe under Part 5 of the OHS
hazard facility).
the local community, including Act) that have occurred at the major
2.2 Graphically presented
surrounding land uses permitted hazard facility in the last five years, in
demographic information for
by the local planning authority. addition to major incidents as shown
the local community, including
at Item 10. This is intended to ensure
surrounding land uses permitted 2.3 Meteorological and seismic data
by the local planning authority. relevant to the estimation of the that operators address hazards and
effects of any major incident. risks highlighted by previous incidents,
2.3 Meteorological data relevant to including those that may not fall within
the estimation of the effects of the definition of a ‘major incident’.
any major incident.
Requirements in the rest of the
Schedule are unchanged.
B SAFETY INFORMATION B SAFETY INFORMATION
8 Major incident history 10 Major incident history
A summary of the major A summary of—
incidents that have occurred at (a) the major incidents that
the major hazard facility over the have occurred at the major
previous 5 years. 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.
113

Part 5.3—Mines Part 5.3—Mines Part 5.3—Mines
5.3.2 What is a mining hazard? 400 What is a mining hazard? Change to duty holder requirements.
(1) For the purposes of this Part, (1) For the purposes of this Part, The list of mining hazards has been
a mining hazard is any activity, a mining hazard is— consolidated to retain the remaining
procedure, plant, process, (a) any activity, procedure, mining-hazards types and to align
substance, situation or other plant, process, substance, with the model Work Health and
circumstance that could pose a situation or other Safety laws terminology for
risk to health or safety in relation circumstance relating to principal mining hazards.
to— work performed at a mine As a result, the scope of ‘airborne
(a) ground control; that could pose a risk to dust’ as a mining hazard has been
(b) slope stability; health or safety in relation broadened to cover ‘air quality
(c) rock falls; to any of the following— including dust or other airborne
(d) rock bursts; (i) ground or strata contaminants’.
(e) susceptibility to failure, including
seismiactivity; ground control, slope
stability, rock falls,
(f) inrush of water or semi-
rock bursts and
solids;
susceptibility to
(g) shaft sinking or winding;
seismic activity;
(h) mining plant, including
(ii) inundation or inrush
mobile plant and remote
of any substance;
control equipment;
(iii) mine shafts and
(i) heavy transport equipment;
winding operations;
(j) mine fires or explosions;
(iv) mining plant, including
(k) gas outbursts; mobile plant and
(l) loss of ventilation; remote control
(m) airborne dust; equipment;
(n) radiation from rock strata (v) heavy transport
or other sources; equipment;
(o) proximity to dangerous (vi) mine fire or explosion;
openings; (vii) gas outbursts;
(p) tailings dams; (viii) loss of ventilation;
(q) exposure to sodium cyanide (ix) air quality including
and its reaction products; dust or other airborne
(r) any other matter contaminants;
determined by the Authority (x) radiation from rock
under subregulation (2)— strata or other
but does not include a sources;
major incident hazard. (xi) proximity to
dangerous openings;
(xii) tailings dams;
(xiii) exposure to sodium
cyanide and its
reaction products;
cont’d
114

(b) any other activity,
procedure, plant, process,
substance, situation or
other circumstance
determined by the
Authority to be a mining
hazard under regulation 6.
Division 2—Safety duties of mine Division 2—Safety duties of mine Division 2—Safety duties of mine
operators operators operators
5.3.11 Who may enter mine 408 Who may enter mine Change to duty holder requirements.
The operator of a mine must ensure (1) The operator of a mine must As an operator of a mine, you now
that— ensure, so far as is reasonably have more flexibility to allow an
(1) no person, other than an practicable, that— apprentice or trainee over 16 years
inspector, or a person authorised (a) no person, other than but under 18 years of age to work
under section 87 of the Act, an inspector, or a person in an underground mine if they are
enters the mine without authorised under section under direct supervision.
permission; 87 of the Act, enters the You can now also allow a person
(2) no person under the age of mine without permission; under the age of 16 years to work
16 years is employed at the and at the mine but not to carry out work
mine; (b) no person under the age in any open cut workings or in an
(3) no employee under the age of 16 years is engaged to underground mine.
of 18 years works underground. 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).
cont’d
115

(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
(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
cont’d
116

(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.
5.3.18 Communication in the event of 415 Communication in the event of Change to duty holder requirements.
an employee working alone an employee working alone
The operator of the mine must ensure, The operator of the mine must ensure, As an operator of a mine, you must
so far as is reasonably practicable, that so far as is reasonably practicable, that now ensure that there are available
there are available means for constant there are available means for effective means for effective communication
communication with an employee who communication with an employee who with an employee who is working
is working alone at an isolated location is working alone at an isolated location alone at an isolated location at a mine.
at a mine. at a mine. This change to replace ‘constant’ with
‘effective’ communication provides a
more flexible and performance-based
approach to the communication
requirements.
5.3.30(1)(a) Working environment 429(1)(a) Working environment Change to duty holder requirements.
(1) The operator of a prescribed (1) The operator of a prescribed As an operator of a prescribed mine,
mine must ensure that— mine must ensure that— you must now ensure air is maintained
(a) the air throughout the mine (a) the air throughout the mine at a safe level throughout areas in the
is maintained at a safe where persons work or mine ‘where persons work or travel’, or
level; travel, or areas of the mine areas in the mine ‘where a person may
where a person may work work or travel’.
or travel, is maintained at Previously, you were required to
a safe level; maintain air at a safe level
‘throughout the mine’.
117

5.3.34(2)(4) Emergency plan 433 Emergency plan Change to duty holder requirements.
(2) The operator must use the (2) The emergency plan must— The duty on a mine operator to use
emergency plan as the primary (a) … the emergency plan as the primary
means of responding to incidents (b) be prepared in conjunction means of responding to incidents
involving a significant risk of with— involving significant risk of serious
serious injury or death. (i) the emergency injury or death has been made clearer
(4) After preparing the emergency services that have by 433(2)(d) and 433(3) of the
plan, the operator of the responsibility for the OHS Regulations 2017.
prescribed mine must— area in which the These require the operator to ensure
(a) keep a copy of the mine is located; and that the plan is able to be
emergency plan at the mine (ii) in relation to major implemented ‘immediately’ in response
for use by the emergency mining hazards that to such incidents and to ‘immediately’
services consulted under could adversely affect implement the plan in responding to
subregulation (3)(b)(i); and the health or safety those incidents.
(b) inform the emergency of persons in the area As an operator of a prescribed mine,
services of the location of surrounding the mine, 434(b)(ii) requires you to provide
the copy of the emergency any municipal council relevant parts of the plan to municipal
plan; and in that area; and councils that have been required to
(c) forward a copy of the (c) … be involved in the preparation of the
emergency plan to those plan under 433(2)(b)(ii).
(d) be able to be implemented
emergency services. immediately in response to This will help municipal councils be
an incident involving a prepared, and respond more quickly
significant risk of serious in the event of an incident that may
injury or death. impact the community and
communications (eg. the council may
(3) The operator must
have a role in informing the community
immediately implement the
and developing an integrated council/
emergency plan in
community response).
responding to incidents
involving a significant risk
of serious injury or death.
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
(b) send a copy of the
emergency plan to—
cont’d
118

(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(3)(b)(ii).
Chapter 6—Licensing and Chapter 6—Licensing and Chapter 6—Licensing and
Registration Registration Registration
Part 6.1—Licences Part 6.1—Licences Part 6.1—Licences
Division 1—Applications Division 1—Applications Division 1—Applications
6.1.1(2) Matters to be included in These provisions have been removed. Change to duty holder requirements.
licence applications
(2) Despite subregulation (1), The mechanism for conversion
an application by a person who of expired old certificates
holds a certificate of competency (i.e. certificate of competency and
(as defined in regulation 8.2.1) old style certificates issued under
and who seeks to be licensed former legislation) to current high risk
to perform the type of work work licences has been removed.
authorised by that certificate The previous regulations replaced
need only— certificates of competency with high
(a) include the following— risk work licences in 2007 and
(i) a declaration by the provided for the phased expiry of
applicant that he or all old certificates by 30 June 2012.
she has maintained The proposed change has closed
the competencies a 10 year transition period for the
required to do the conversion of old certificates to
work that the high risk work licences.
certificate of If you require a new high risk work
competency licence, you will need to apply
authorises him or following the steps set out in Division
her to do; and 1 of Part 6.1 of the OHS Regulations
(ii) any photograph of the 2017. Before applying for a licence
applicant required by you will need to apply to an authorised
the Authority; and assessor for a competency
assessment (see regulation 134 of
the OHS Regulations).
cont’d cont’d
119

(iii) any other proof of Details of what you need to do to
identity required by apply for a new high risk work licence
the Authority; and can be found at worksafe.vic.gov.au
(b) be accompanied by the
application fee required
by regulation 6.1.2(2).
6.1.9(a) Additional information to
be included in licence applications
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—
(a) if the person holds a
certificate of competency
(as defined in regulation
8.2.1) and seeks to be
licensed to perform the
type of work authorised
by the certificate,
a declaration by the
person that he or she
has maintained the
competencies required
to do the work that the
certificate authorises him
or her to do;
6.1.9(b) Additional information to be 458 Additional information to be Change to duty holder requirements.
included in licence application included in high risk work licence
application
In addition to any other information In addition to any other information If you are applying for a high risk work
required by these Regulations, required by these Regulations, licence, only a notice of assessment
a person applying for a high risk a person applying for a high risk (satisfactory) will be recognised as
work licence must also include with work licence must also include with evidence of a person’s competency
the application— the application, in relation to the work in a licence application. You are no
(b) in any other case, in relation in respect of which the licence is longer able to include a statement of
to the work in respect of sought, a notice of assessment attainment with your application.
which the licence is (satisfactory) issued for that work. For further information about changes
sought— to licensing, visit worksafe.vic.gov.au
(i) a statement of
attainment in
respect of the relevant
competency standard
for that work; or
cont’d
120

(ii) a notice of
satisfactory
assessment of
competency issued
under Division 3 of
Part 3.6 (High Risk
Work) for that work.
6.1.13 Additional information to be 462 Additional information to be Change to duty holder requirements.
included in licence application included in asbestos removal licence
application
Regulation 6.1.13(1) does not have (1) In addition to any other If you are applying for an asbestos
equivalent provisions to paragraphs information required by these removal licence, you are now required
(h) and (i) of regulation 462 in the Regulations, a person applying to declare whether or not you have
OHS Regulations 2017. for an asbestos removal licence ever been found guilty of an offence
must also include the following under specified environment
with the application— protection laws (including in relation to
(h) a declaration as to whether the transport or disposal of asbestos).
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 the
Environment Protection Act
1970 or the Environment
Protection (Industrial Waste
Resource) Regulations
2009 in relation to the
transport
or disposal of asbestos;
(i) the details of any
finding of guilt
declared under
paragraph (h);
121

Division 2—Other provisions Division 2—Other provisions Division 2—Other provisions
concerning licences concerning a licence concerning a licence
6.1.24 Authority may impose terms 473 Authority may impose terms Change to duty holder requirements.
and conditions on licences and conditions on licence
(1) In granting or renewing a licence (1) This regulation applies to— If you hold a major hazard facility
under this Part, the Authority may (a) the grant or renewal of a licence, it is now explicit that WorkSafe
impose on the licence any terms licence under this Part; or has the ability to impose terms and
or conditions that it considers (b) the transfer of a major conditions on that licence when that
to be appropriate to further the hazard facility licence licence is transferred to another
purposes for which the licence under regulation 479. operator.
is granted or renewed. (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.
Part 6.2—Registration Part 6.2—Registration Part 6.2—Registration
Division 4—Registration to perform No equivalent Division No equivalent Division
construction work
Registration to perform construction Provisions concerning registration to No change to duty holder
work (6.2.15 – 6.2.21) perform construction work have been requirements.
removed. As a construction worker, you are
Consequential amendments arising no longer required to be registered
from the removal of the Registration to perform construction work.
provisions in relation to the However, you must still complete
performance of construction work construction induction training and
have been included in Part 5.1 - hold a construction induction card
Division 3—Construction induction (CI card) or provide specified evidence
training (Regulations 338 – 353). of having undertaken the required
construction induction training before
you can perform construction work.
There are no changes to the CI card
application process.
122

Chapter 7—Administrative matters Chapter 7—Administrative matters Chapter 7—Administrative matters
and exemptions and exemptions and exemptions
Part 7.2—Exemptions Part 7.2—Exemptions Part 7.2—Exemptions
7.2.10 Notice of exemptions to be 546 Notice of exemptions to be given No change to duty holder
given to individual applicants to individual applicants requirements.
If the Authority grants an exemption If the Authority grants an exemption Where WorkSafe is required to give
in response to an application, the in response to an application, a notice of a decision in relation to
Authority must give a copy of the the Authority must give a copy of exemptions, WorkSafe must now give
exemption to the person who applied the exemption to the person who that notice within 14 days after the
for the exemption. applied for the exemption within decision. This time limit applies to:
7.2.13 Notice of refusal 14 days after granting the exemption. •• the provision of a copy of an
549 Notice of refusal exemption after WorkSafe grants
If the Authority refuses to grant an
the exemption
exemption, the Authority must notify If the Authority refuses to grant an
the person who applied for the exemption, the Authority must notify •• a notice of a refusal to grant an
exemption of the reasons for the the person who applied for the exemption
refusal in writing. exemption of the reasons for the •• a notice of the variation or
7.2.14 Variation or revocation of refusal in writing within 14 days after revocation of an exemption
exemption deciding to refuse the application. (unless the exemption applies to
550 Variation or revocation of a class of person, process,
(1) The Authority may vary or
exemption substance, activity or thing).
revoke an exemption at any
time— (1) The Authority may vary or
(a) in the case of an exemption revoke an exemption at any
applying to a class of time—
person, process, substance, (a) in the case of an exemption
activity or thing, by placing applying to a class of
a notice in the Government person, process, substance,
Gazette setting out the activity or thing, by placing
variation, or stating that the a notice in the Government
exemption has been Gazette setting out the
revoked; or variation, or stating that
(b) in any other case, by giving the exemption has been
a written notice of the revoked; or
variation or revocation to (b) in any other case, by giving
the person to whom the a written notice of the
exemption applies. variation or revocation to
the person to whom the
exemption applies within
14 days after deciding to
vary or revoke the
exemption.
123
Other changes across the regulations

Licensing and other fees Licensing and other fees Change to duty holder
requirements.
Where fees were prescribed in the The OHS Regulations 2017 provide From 18 June 2017, the amount of
OHS Regulations 2007, such as the for fees by reference to fee units. Fee a fee is to be calculated by multiplying
fee for a licence or considering an units have a meaning within the the number of fee units specified in
exemption application, set fees were Monetary Units Act 2004 and they the OHS Regulations 2017 by the
used. increase annually. current fee unit value. The value of
a fee unit for each financial year is
fixed by the Treasurer.
Provisions in the OHS Regulations
2017 providing for fees by reference
to fee units, include provisions relating
to:
•• Construction induction card
applications
•• High risk work licences
(new or renewal)
•• Class A and Class B asbestos
removal licences (new or renewal)
•• Major Hazard Facility (MHF)
licence (new or renewal)
•• Carcinogenic substance licence
(new or renewal)
•• Replacement of lost, stolen or
destroyed licence documents
•• Registration of plant design
(and notice of a prescribed
equipment design under the
Equipment (Public Safety)
Regulations 2017)
•• Exemption applications
•• [New] Transfer of an MHF licence
and amendment to an MHF licence
Transitional arrangements apply for
some fees.
Details of what fees and transitional
arrangements apply to you can be
found at worksafe.vic.gov.au or call
the WorkSafe Advisory Service on
1800 136 089.
124
Further information
For further information, contact the
WorkSafe Advisory Service on 1800 136 089 or
email info@worksafe.vic.gov.au. Further information
is also available on the WorkSafe website,
worksafe.vic.gov.au
125

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Guide to the Occupational

Health and Safety Regulations 2017

Chapter 1—Preliminary 15 Chapter 4—Hazardous substances and materials cont’d

Part 1.1—Introductory matters 15 Schedule 7—Asbestos – Information required

Other changes that apply across the regulations 124

How to use this guide

Disclaimer: This guide contains material of a

Finding the changes that apply to you—A quick reference table

4.3.51 Signs 255 Signs and barricades Change to requirements.

Other changes that apply across the regulations

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

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OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?

OHS Regulations 2007 OHS Regulations 2017 What do I need to do?