Occupational Health and Safety Amendment Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Occupational Health and Safety Amendment Regulations 2014 S.R. No. 54/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 Determinations of Authority 5 7 Documents incorporated as in force from time to time 5 8 New regulation 1.2.5 inserted 5 1.2.5 Compliance with the GHS 5 9 Provision of information, instruction and training 5 10 Record of inspections and maintenance 6 3.5.31 Record of inspections and maintenance 6 11 Lifts 7 12 Information, instruction and training 7 13 New regulation 3.5.45A inserted 8 3.5.45A Notification of incidents 8 14 Registration of plant designs 8 15 Plant designs to be registered 8 16 Altered plant designs to be registered 8 17 Registration of items of plant 8 18 Employer must not use unlicensed employees to do high risk work 8 19 Exceptions 9 20 Preparation of MSDS 9 21 Currency of MSDS 9 22 Requirement to hold carcinogens licence 9 23 Training record 10 24 Training record 10 25 Information to go to Authority 10 26 Application of Subdivision 10 27 Regulation 5.1.25 revoked 10 28 Inquiry before making determination 10 29 Report of health surveillance 11 30 Notice to Authority 11 31 Information, instruction and training 11 -- 1 of 27 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel 32 Time for processing the application 11 33 Fee to be paid before a licence can be granted 11 34 Application for the renewal of a high risk work licence 12 35 Transfer of authorising jurisdiction on renewal of high risk work licence 12 36 Fee to be paid before carcinogens licence can be renewed 12 37 Application of Part 6.2 (Registration) 12 38 Regulation 6.2.8 revoked 12 39 Division 3 of Part 6.2 revoked 12 40 Exemptions in relation to high risk work 13 7.2.2 Exemptions in relation to high risk work 13 41 Who may apply for an exemption 13 42 Grounds on which an exemption (other than in relation to high risk work) may be granted 13 43 Grounds on which an exemption in relation to high risk work may be granted 14 44 Plant 14 45 Hazardous substances—MSDS 14 46 Asbestos 14 47 Major hazard facilities 14 48 References to Acts 14 49 New Part 8.3 inserted 15 PART 8.3—OTHER TRANSITIONAL PROVISIONS 15 8.3.1 Carcinogens licences 15 8.3.2 Construction projects 16 50 Schedule 2 substituted 16 SCHEDULE 2—Plant 16 51 Schedule 3—High Risk Work—Licence classes 19 52 Schedule 4—High Risk Work—Pressure Equipment for which Licence Is Not Required 19 53 New Schedules 5A and 5B inserted 20 SCHEDULE 5A—Prohibited Carcinogenic Substances 20 SCHEDULE 5B—Restricted Carcinogenic Substances 21 ═══════════════ ENDNOTES 22 -- 2 of 27 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 54/2014 Occupational Health and Safety Act 2004 Occupational Health and Safety Amendment Regulations 2014 The Governor in Council makes the following Regulations: Dated: 17 June 2014 Responsible Minister: GORDON RICH-PHILLIPS Assistant Treasurer YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Occupational Health and Safety Regulations 2007— (a) to remove the requirement to register items of plant; and (b) to add two items to the plant design registration Schedule; and (c) to remove certain administrative requirements; and (d) to permit duty holders to comply with a range of editions of the GHS; and (e) to increase the threshold before certain principal contractors’ duties apply in relation to construction projects; and (f) to make other minor amendments. -- 3 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 158 of the Occupational Health and Safety Act 2004. 3 Commencement These Regulations come into operation on 1 July 2014. 4 Principal Regulations In these Regulations, the Occupational Health and Safety Regulations 20071 are called the Principal Regulations. 5 Definitions (1) In regulation 1.1.5 of the Principal Regulations, in the definition of AS 2030—Gas Cylinders— (a) for paragraph (a) substitute— "(a) AS 2030.1 Gas cylinders, Part 1: General requirements; and"; (b) in paragraph (c), for "Insulated;" substitute "Insulated; and"; (c) after paragraph (c) insert— "(d) AS 2030.5 Gas cylinders, Part 5: Filling, inspection and testing of refillable cylinders;". (2) In regulation 1.1.5 of the Principal Regulations, in the Note at the foot of the definition of Australian Safety and Compensation Council, after "2005." insert "Safe Work Australia succeeded the Australian Safety and Compensation Council in April 2009.". (3) In regulation 1.1.5 of the Principal Regulations, in the definition of carcinogens licence— (a) for "Schedule 1" substitute "Schedule 5A"; r. 2 -- 4 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 3 Authorised by the Chief Parliamentary Counsel (b) for "Schedule 2" (where twice occurring) substitute "Schedule 5B". (4) In regulation 1.1.5 of the Principal Regulations, for the definition of competency standard substitute— "competency standard means a competency standard that is endorsed for the purposes of the National Standard for Licensing Persons Performing High Risk Work published by the Australian Safety and Compensation Council in April 2006;". (5) In regulation 1.1.5 of the Principal Regulations, at the foot of the definition of equivalent legislation insert— "Example Laws of another State or Territory or the Commonwealth relating to work health and safety.". (6) In regulation 1.1.5 of the Principal Regulations, for the definition of GHS substitute— "GHS means the Globally Harmonized System of Classification and Labelling of Chemicals, Third revised edition, Fourth revised edition or Fifth revised edition, published by the United Nations;". (7) In regulation 1.1.5 of the Principal Regulations, in the definition of HSIS, for "the Australian Safety and Compensation Council" substitute "Safe Work Australia". (8) In regulation 1.1.5 of the Principal Regulations, the definition of National Model Regulations for the Control of Scheduled Carcinogenic Substances is revoked. (9) In regulation 1.1.5 of the Principal Regulations, insert the following definitions— r. 5 -- 5 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 4 Authorised by the Chief Parliamentary Counsel "National Occupational Health and Safety Commission means the tripartite statutory authority established in 1985 under the National Occupational Health and Safety Commission Act 1985 of the Commonwealth; Note This body was succeeded by the Australian Safety and Compensation Council in January 2006 which itself was succeeded by Safe Work Australia in April 2009. Safe Work Australia means Safe Work Australia established by section 5 of the Safe Work Australia Act 2008 of the Commonwealth;". (10) In regulation 1.1.5 of the Principal Regulations, for the definition of Schedule 1 carcinogenic substance substitute— "Schedule 5A carcinogenic substance means a substance (or any of its salts) listed in Schedule 5A used— (a) as a pure substance; or (b) in a mixture containing 0⋅1% or more of that substance (or any of its salts), determined as a weight/weight (w/w) concentration for solids or liquids or a volume/volume (v/v) concentration for gases;". (11) In regulation 1.1.5 of the Principal Regulations, for the definition of Schedule 2 carcinogenic substance substitute— "Schedule 5B carcinogenic substance means— (a) benzene as listed in Schedule 5B; and (b) any other substance (or any of its salts) listed in that Schedule used— (i) as a pure substance; or r. 5 -- 6 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 5 Authorised by the Chief Parliamentary Counsel (ii) in a mixture containing 0⋅1% or more of that substance (or any of its salts), determined as a weight/weight (w/w) concentration for solids or liquids or a volume/volume (v/v) concentration for gases;". (12) In regulation 1.1.5 of the Principal Regulations, for the definition of scheduled carcinogenic substance substitute— "scheduled carcinogenic substance means a Schedule 5A carcinogenic substance or a Schedule 5B carcinogenic substance;". 6 Determinations of Authority Regulation 1.1.6(e) of the Principal Regulations is revoked. 7 Documents incorporated as in force from time to time In regulation 1.2.1(1) of the Principal Regulations, after "any document" insert ", other than the GHS,". 8 New regulation 1.2.5 inserted After regulation 1.2.4 of the Principal Regulations insert— "1.2.5 Compliance with the GHS In complying with the GHS, a person may use the Third revised edition, the Fourth revised edition or the Fifth revised edition of the Globally Harmonized System of Classification and Labelling of Chemicals but not a combination of these editions.". 9 Provision of information, instruction and training Regulation 2.1.2 of the Principal Regulations is revoked. r. 6 -- 7 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 6 Authorised by the Chief Parliamentary Counsel 10 Record of inspections and maintenance For regulation 3.5.31 of the Principal Regulations substitute— "3.5.31 Record of inspections and maintenance An employer must ensure that any record of inspections and maintenance carried out on the following plant is retained for the period that the employer has management or control of the plant— (a) the plant referred to in items 1.2, 1.3, 1.5, 1.14 and 1.16 of Schedule 2; (b) amusement structures to which AS 3533.1—Amusement rides and devices—Part 1: Design and construction applies, other than amusement structures determined by AS 3533.1 to be class 1; (c) boilers with a hazard level A, B or C as determined by AS 4343 Pressure equipment—Hazard levels; (d) lifts; (e) pressure vessels with a hazard level A, B or C as determined by AS 4343 Pressure equipment—Hazard levels, other than— (i) gas cylinders to which AS 2030— Gas Cylinders applies; and Note See the definition of AS 2030—Gas Cylinders which encompasses AS 2030.1, AS 2030.2, AS 2030.4 and AS 2030.5. r. 10 -- 8 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 7 Authorised by the Chief Parliamentary Counsel (ii) liquefied petroleum gas fuel vessels for automotive use to which AS/NZS 3509—LP Gas fuel vessels for automotive use applies; and (iii) serially produced vessels to which AS 2971—Serially produced pressure vessels applies. Penalty: 60 penalty units for a natural person; 300 penalty units for a body corporate.". 11 Lifts For regulation 3.5.41(3) of the Principal Regulations substitute— "(3) An employer must ensure that any risk to a person travelling in a lift, that is associated with the use of the lift, is— (a) eliminated so far as is reasonably practicable; or (b) if it is not reasonably practicable to eliminate the risk, reduced so far as is reasonably practicable. Note Act compliance—sections 21 and 23 (see regulation 1.1.7).". 12 Information, instruction and training Regulation 3.5.45(1) of the Principal Regulations is revoked. r. 11 -- 9 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 8 Authorised by the Chief Parliamentary Counsel 13 New regulation 3.5.45A inserted After regulation 3.5.45 of the Principal Regulations insert— "3.5.45A Notification of incidents For the purposes of section 37(2)(h) of the Act, the collapse, overturning, failure or malfunction of, or damage to, any plant referred to in regulation 3.5.31 is prescribed.". 14 Registration of plant designs (1) For the heading to Division 7 of Part 3.5 of the Principal Regulations substitute— "Division 7—Registration of plant designs". (2) The heading to Subdivision 1 of Division 7 of Part 3.5 of the Principal Regulations is revoked. 15 Plant designs to be registered In regulation 3.5.47(1) of the Principal Regulations omit "Part 1 of". 16 Altered plant designs to be registered In regulation 3.5.48(1) of the Principal Regulations omit "Part 1 of". 17 Registration of items of plant Subdivision 2 of Division 7 of Part 3.5 of the Principal Regulations is revoked. 18 Employer must not use unlicensed employees to do high risk work In regulation 3.6.2(b) of the Principal Regulations, for "or 3.6.3(1)(b)" substitute ", 3.6.3(1)(b) or 3.6.3(1A)". r. 13 -- 10 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 9 Authorised by the Chief Parliamentary Counsel 19 Exceptions After regulation 3.6.3(1) of the Principal Regulations insert— "(1A) Regulation 3.6.1(1) does not apply to a person who is performing high risk work involving plant (other than work referred to in Part 1 of Schedule 3) that is performed solely for the purpose of testing, installing, commissioning, maintaining or repairing that plant. Note This exception does not include operating the plant in order to load or unload the plant from a vehicle.". 20 Preparation of MSDS At the foot of regulation 4.1.5(2) of the Principal Regulations insert— "Note An MSDS prepared in accordance with equivalent legislation may be described as a Safety Data Sheet (SDS) under that legislation.". 21 Currency of MSDS Regulation 4.1.16 of the Principal Regulations is revoked. 22 Requirement to hold carcinogens licence (1) In regulation 4.2.3(1) of the Principal Regulations, for "Schedule 1" (where twice occurring) substitute "Schedule 5A". (2) In regulation 4.2.3(2) of the Principal Regulations, for "Schedule 2" (where twice occurring) substitute "Schedule 5B". (3) In regulation 4.2.3(3) of the Principal Regulations, for "Schedule 2" (where twice occurring) substitute "Schedule 5B". r. 19 -- 11 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 10 Authorised by the Chief Parliamentary Counsel 23 Training record In regulation 4.3.46(a) of the Principal Regulations, for "the training" substitute "any training". 24 Training record For regulation 4.3.118(a) of the Principal Regulations substitute— "(a) ensure that a record is made of any training provided in relation to carrying out asbestos- related activities; and". 25 Information to go to Authority In regulation 4.4.27 of the Principal Regulations— (a) in subregulation (1), for "within 48 hours" substitute "as soon as is reasonably possible"; (b) in subregulation (2), for "within 48 hours" substitute "as soon as is reasonably possible"; (c) subregulation (3) is revoked. 26 Application of Subdivision In regulation 5.1.13(1) of the Principal Regulations, for "$250 000" substitute "$350 000". 27 Regulation 5.1.25 revoked Regulation 5.1.25 of the Principal Regulations is revoked. 28 Inquiry before making determination In regulation 5.3.5(3)(b) of the Principal Regulations, for "14" substitute "28". r. 23 -- 12 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 11 Authorised by the Chief Parliamentary Counsel 29 Report of health surveillance For regulation 5.3.15(2) of the Principal Regulations substitute— "(2) The operator of a mine must obtain a copy of a report under subregulation (1). Penalty: 60 penalty units for a natural person; 300 penalty units for a body corporate. Note The operator must provide a copy of the report to the employee to whom the report relates as soon as is reasonably possible after receiving the report (see regulation 2.1.4(2)(a)).". 30 Notice to Authority Regulation 5.3.16(1) of the Principal Regulations is revoked. 31 Information, instruction and training In regulation 5.3.40 of the Principal Regulations, for "In addition to the matters set out in regulation 2.1.2, the operator" substitute "The operator". 32 Time for processing the application After regulation 6.1.4(2)(a) of the Principal Regulations insert— "(ab) in the case of an application for a high risk work licence, within 45 days after receiving the application; or". 33 Fee to be paid before a licence can be granted In regulation 6.1.17(1)(a) of the Principal Regulations, for "Schedule 2" substitute "Schedule 5B". r. 29 -- 13 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 12 Authorised by the Chief Parliamentary Counsel 34 Application for the renewal of a high risk work licence (1) In regulation 6.1.38(2)(b) of the Principal Regulations, for "60" substitute "120". (2) In regulation 6.1.38(7) of the Principal Regulations, for "60" substitute "45". 35 Transfer of authorising jurisdiction on renewal of high risk work licence In regulation 6.1.39(1) of the Principal Regulations— (a) in paragraph (b), for "work; and" substitute "work."; (b) paragraph (c) is revoked. 36 Fee to be paid before carcinogens licence can be renewed In regulation 6.1.41(1)(a) of the Principal Regulations, for "Schedule 2" substitute "Schedule 5B". 37 Application of Part 6.2 (Registration) Regulation 6.2.1(b) of the Principal Regulations is revoked. 38 Regulation 6.2.8 revoked Regulation 6.2.8 of the Principal Regulations is revoked. 39 Division 3 of Part 6.2 revoked Division 3 of Part 6.2 (Registration) of the Principal Regulations is revoked. r. 34 -- 14 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 13 Authorised by the Chief Parliamentary Counsel 40 Exemptions in relation to high risk work For regulation 7.2.2 of the Principal Regulations substitute— "7.2.2 Exemptions in relation to high risk work (1) The Authority may exempt any person, or any class of person (including persons who are under 18 years of age) from complying with regulation 3.6.1 in relation to specified high risk work. (2) The Authority may exempt an employer, or a class of employer, from complying with regulation 3.6.2 in relation to specified high risk work that the employer seeks to have performed by a person, or class of person, who does not hold an appropriate high risk work licence (including persons who are under 18 years of age).". 41 Who may apply for an exemption (1) In regulation 7.2.3(1) of the Principal Regulations, after "7.2.1" insert "or 7.2.2(1)". (2) In regulation 7.2.3(2) of the Principal Regulations, for "7.2.2" substitute "7.2.2(2)". 42 Grounds on which an exemption (other than in relation to high risk work) may be granted For regulation 7.2.4(1)(b) of the Principal Regulations substitute— "(b) that the provision that is to be the subject of the exemption is an administrative requirement under these Regulations that is inappropriate or unnecessary in the circumstances.". r. 40 -- 15 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 14 Authorised by the Chief Parliamentary Counsel 43 Grounds on which an exemption in relation to high risk work may be granted For regulation 7.2.5(2) of the Principal Regulations substitute— "(2) In the case of an application for an exemption under regulation 7.2.2(1) in relation to specified high risk work, the Authority may require a person to satisfy it as to the competency of the person in relation to any relevant skill or knowledge. (2A) In the case of an application by an employer for an exemption under regulation 7.2.2(2) in relation to a particular employee, the Authority may require the employer to satisfy it as to the competency of the employee in relation to any relevant skill or knowledge.". 44 Plant Regulation 8.1.3(2), (4), (5) and (6) of the Principal Regulations are revoked. 45 Hazardous substances—MSDS Regulation 8.1.4 of the Principal Regulations is revoked. 46 Asbestos Regulation 8.1.6 of the Principal Regulations is revoked. 47 Major hazard facilities Regulation 8.1.8(2), (3) and (7) of the Principal Regulations are revoked. 48 References to Acts Regulation 8.1.11 of the Principal Regulations is revoked. r. 43 -- 16 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 15 Authorised by the Chief Parliamentary Counsel 49 New Part 8.3 inserted After Part 8.2 of the Principal Regulations insert— "PART 8.3—OTHER TRANSITIONAL PROVISIONS 8.3.1 Carcinogens licences (1) A licence to use a Schedule 1 carcinogenic substance at a laboratory, granted under these Regulations as in force immediately before 1 July 2014, continues in force on and after that date in relation to the corresponding Schedule 5A carcinogenic substance. (2) A licence to use a Schedule 2 carcinogenic substance at a laboratory, granted under these Regulations as in force immediately before 1 July 2014, continues in force on and after that date in relation to the corresponding Schedule 5B carcinogenic substance. (3) A licence to use a Schedule 2 carcinogenic substance at a workplace other than a laboratory, granted under these Regulations as in force immediately before 1 July 2014, continues in force on and after that date in relation to the corresponding Schedule 5B carcinogenic substance. Note 1 July 2014 is the commencement date of the Occupational Health and Safety Amendment Regulations 2014. r. 49 -- 17 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 16 Authorised by the Chief Parliamentary Counsel 8.3.2 Construction projects Despite the amendment of regulation 5.1.13(1) by regulation 26 of the Occupational Health and Safety Amendment Regulations 2014, Subdivision 2 of Division 2 of Part 5.1 applies to a construction project the cost of which is $250 000 or more if the construction contract for the project was entered into before 1 July 2014. Note 1 July 2014 is the commencement date of the Occupational Health and Safety Amendment Regulations 2014. __________________". 50 Schedule 2 substituted For Schedule 2 to the Principal Regulations substitute— "SCHEDULE 2 PLANT Regulations 3.5.47 and 3.5.48 PLANT REQUIRING REGISTRATION OF DESIGN 1.1 Pressure equipment, other than the following— (a) pressure piping; (b) miniature boilers designed in accordance with the Australian Miniature Boiler Safety Committee Code Parts 1, 2, 3 or 4, published by the Australian Miniature Boiler Safety Committee; (c) gas cylinders or fired heaters, with a hazard level equivalent to hazard level E as set out in AS 4343 Pressure equipment—Hazard levels. r. 50 -- 18 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 17 Authorised by the Chief Parliamentary Counsel 1.2 Tower cranes. 1.3 Self-erecting tower cranes. 1.4 Lifts, other than— (a) platforms for raising or lowering stage performers and associated equipment; and (b) plant designed only to store vehicles in a designated parking facility. 1.5 Building maintenance units. 1.6 Hoists, with a platform movement in excess of 2·4 metres, designed to lift people. 1.7 Work boxes suspended from cranes. 1.8 Amusement structures to which AS 3533.1— Amusement rides and devices—Part 1: Design and construction applies, other than the following— (a) amusement structures determined by AS 3533.1 to be class 1; (b) amusement structures that are, or are intended to be, permanently installed and operated in playgrounds; (c) water slides on which water facilitates users sliding easily, predominantly under gravity, along a static structure; (d) water wave generators that prevent users from coming into contact with the machinery used to generate the waves; (e) inflatable devices, unless they have a platform height (the height of the highest part of the device designed to support users) of at least 3 metres and rely on a supply of continuously blown air to maintain their shape; r. 50 -- 19 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 18 Authorised by the Chief Parliamentary Counsel (f) amusement structures that are specifically designed for a sporting, professional stunt, theatrical or acrobatic purpose or activity, including canoes operating on artificial currents; (g) rides or devices that are used as a form of transport, including quad bikes and snow mobiles; (h) go-karts; (i) parasailing equipment; (j) coin or token operated devices that are intended to be ridden, at the one time, by not more than 4 children who must be below the age of 10 years. 1.9 Prefabricated scaffolding, being an integrated system of prefabricated components manufactured in such a way that the possible geometry of assembled scaffolds is pre-determined by the designer. 1.10 Boom-type elevating work platforms. 1.11 Gantry cranes with a safe working load greater than 5 tonnes or bridge cranes with a safe working load greater than 10 tonnes, and a gantry crane or a bridge crane which is designed to handle molten metal or dangerous goods. 1.12 Vehicle hoists, being hoists that are permanently installed or intended to be permanently installed in a workplace to elevate a vehicle to allow work to be performed on the vehicle. 1.13 Mast-climbing work platforms. 1.14 Mobile cranes with a safe working load greater than 10 tonnes. 1.15 Chairlifts, being aerial powered ropeways that incorporate either elevated open chairs or closed cabins (gondola-type). 1.16 Concrete-placing units (truck-mounted with boom). __________________". r. 50 -- 20 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 19 Authorised by the Chief Parliamentary Counsel 51 Schedule 3—High Risk Work—Licence classes (1) In clause 9 of Schedule 3 to the Principal Regulations, for the definition of fork-lift truck substitute— "fork-lift truck means a powered industrial truck equipped with a mast and an elevating load carriage to which is attached a pair of fork arms or other load holding attachment, including a truck on which the operator is raised with the attachment for order-picking, but does not include— (a) a pedestrian operated industrial truck; or (b) a tractor fitted with a pair of fork arms or other load holding attachment.". (2) Clause 24 of Schedule 3 to the Principal Regulations is revoked. 52 Schedule 4—High Risk Work—Pressure Equipment for which Licence Is Not Required (1) In Schedule 4 to the Principal Regulations, in item 1, in the definition of AMBSC Code, for "Parts 1 or 2" substitute "Parts 1, 2, 3 or 4". (2) In Schedule 4 to the Principal Regulations, after item 2.8 insert— "2.9 Boilers manufactured before 1952 provided they are used solely for a historical purpose or activity, including an activity that is ancillary to a historical activity. Examples 1 An historical activity may be an historical display, parade, demonstration or re-enactment. 2 An activity ancillary to a historical activity may be restoring, maintaining, modifying, servicing, repairing or housing a boiler used, or to be used, for a historical activity.". r. 51 -- 21 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 20 Authorised by the Chief Parliamentary Counsel 53 New Schedules 5A and 5B inserted After Schedule 5 to the Principal Regulations insert— "SCHEDULE 5A Regulations 4.2.2 and 4.2.3 PROHIBITED CARCINOGENIC SUBSTANCES ITEM PROHIBITED CARCINOGENIC SUBSTANCE [Chemical Abstract Number] 1 2-Acetylaminofluorene [53-96-3] 2 Aflatoxins 3 4-Aminodiphenyl [92-67-1] 4 Benzidine [92-87-5] (including benzidine dihydrochloride [531-85-1]) 5 bis(Chloromethyl) ether [542-88-1] 6 Chloromethyl methyl ether [107-30-2] (technical grade which contains bis(chloromethyl) ether) 7 4-Dimethylaminoazobenzene [60-11-7] (Dimethyl Yellow) 8 2-Naphthylamine [91-59-8] 9 4-Nitrodiphenyl [92-93-3] __________________ r. 53 -- 22 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 21 Authorised by the Chief Parliamentary Counsel SCHEDULE 5B Regulations 4.2.2 and 4.2.3 RESTRICTED CARCINOGENIC SUBSTANCES ITEM PROHIBITED CARCINOGENIC SUBSTANCE [Chemical Abstract Number] 1 Acrylonitrile [107-13-1] 2 Benzene [71-43-2] when used as a feedstock containing more than 50% of benzene by volume 3 3,3'-Dichlorobenzidine [91-94-1] and its salts (including 3,3'-Dichlorobenzidine dihydrochloride [612-83-9]) ITEM PROHIBITED CARCINOGENIC SUBSTANCE [Chemical Abstract Number] 4 Diethyl sulfate [64-67-5] 5 Dimethyl sulphate [77-78-1] 6 Ethylene dibromide [106-93-4] when used as a fumigant 7 4,4'-Methylene bis(2-chloroaniline) [101-14-4] MOCA 8 3-Propiolactone [57-57-8] (Beta-propiolactone) 9 o-Toluidine [95-53-4] and o-Toluidine hydrochloride [636-21-5] 10 Vinyl chloride monomer [75-01-4] __________________". ═══════════════ r. 53 -- 23 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 22 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 54/2007. Reprint No. 1 as at 4 April 2013. Reprinted to S.R. No. 57/2012. —— Table of Applied, Adopted or Incorporated Matter The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. In this table— Principal Regulations means the Occupational Health and Safety Regulations 2007. Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 5(1), which amends the definition of AS 2030—Gas Cylinders in the Principal Regulations and regulation 10, which substitutes regulation 3.5.31 of the Principal Regulations AS 2030.1-2009, Gas cylinders, Part 1: General requirements, published by Standards Australia in 2009 AS 2030.2-1996, The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases, Part 2: Cylinders for dissolved acetylene, published by Standards Australia in 1996, reissued in 2000 incorporating Amendment Nos 1 and 2 The whole Endnotes -- 24 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 23 Authorised by the Chief Parliamentary Counsel Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document AS 2030.4-1985, The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases, Part 4: Welded cylinders—Insulated, published by Standards Australia in 1985, reissued in 1999 incorporating Amendment No. 1 AS 2030.5-2009, Gas cylinders, Part 5: Filling, inspection and testing of refillable cylinders, published by Standards Australia in 2009 Regulation 5(4), which substitutes the definition of competency standard in the Principal Regulations National Standard for Licensing Persons Performing High Risk Work, published by the Australian Safety and Compensation Council in April 2006 The whole Regulation 5(6), which substitutes the definition of GHS in the Principal Regulations, regulation 7, which amends regulation 1.2.1 of the Principal Regulations, and regulation 8, which substitutes regulation 1.2.5 of the Principal Regulations Globally Harmonized System of Classification and Labelling of Chemicals, 3rd , 4 th and 5th editions, published by the United Nations in 2009, 2011 and 2013 respectively The whole -- 25 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 24 Authorised by the Chief Parliamentary Counsel Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 10, which substitutes regulation 3.5.31 of the Principal Regulations, and regulation 50, which substitutes Schedule 2 to the Principal Regulations AS 3533.1-2009, Amusement rides and devices—Part 1: Design and construction, published by Standards Australia in 2009, reissued in 2011 incorporating Amendment No. 1 AS 4343-2005, Pressure equipment–Hazard levels, 2nd edition published by Standards Australia in 2005 The whole The whole Regulation 10, which substitutes regulation 3.5.31 of the Principal Regulations AS 2971-2007, Serially produced pressure vessels, published by Standards Australia in 2007 AS/NZS 3509:2009–LP Gas fuel vessels for automotive use, published by Standards Australia and Standards NZ in 2009 The whole The whole -- 26 of 27 -- S.R. No. 54/2014 Occupational Health and Safety Amendment Regulations 2014 25 Authorised by the Chief Parliamentary Counsel Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 50, which substitutes Schedule 2 to the Principal Regulations, and regulation 52, which amends Schedule 4 to the Principal Regulations AMBSC Code Part 1, Issue 7—2001, Copper boilers, published by the Australian Miniature Boiler Safety Committee in 2001 AMBSC Code Part 2, Issue 4—1995, Steel boilers, published by the Australian Miniature Boiler Safety Committee in 1995 AMBSC Code Part 3, Issue 1.0—2006, Sub- Miniature boilers, published by the Australian Miniature Boiler Safety Committee in 2006 AMBSC Code Part 4, Issue 1—2010, Duplex steel boilers, published by the Australian Miniature Boiler Safety Committee in 2010 The whole -- 27 of 27 --