Occupational Health and Safety Amendment (Miscellaneous) Regulations 2010

i Occupational Health and Safety Amendment (Miscellaneous) Regulations 2010 S.R. No. 93/2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Principal Regulations 2 4 Definitions 2 5 Matters to be included in licence applications 3 ═══════════════ ENDNOTES 4 -- 1 of 5 -- 1 STATUTORY RULES 2010 S.R. No. 93/2010 Occupational Health and Safety Act 2004 Occupational Health and Safety Amendment (Miscellaneous) Regulations 2010 The Governor in Council makes the following Regulations: Dated: 21 September 2010 Responsible Minister: TIM HOLDING Minister for Finance, WorkCover and the Transport Accident Commission MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Occupational Health and Safety Regulations 2007— (a) in relation to persons applying for a licence to perform high risk work that they are authorised to perform under a certificate of competency; and (b) to update the definitions of asbestos and registered medical practitioner. 2 Authorising provision These Regulations are made under section 158 of the Occupational Health and Safety Act 2004. -- 2 of 5 -- S.R. No. 93/2010 Occupational Health and Safety Amendment (Miscellaneous) Regulations 2010 2 3 Principal Regulations In these Regulations, the Occupational Health and Safety Regulations 2007 1 are called the Principal Regulations. 4 Definitions (1) For the definition of asbestos in regulation 1.1.5 of the Principal Regulations substitute— 'asbestos means— (a) the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock-forming minerals, including— (i) actinolite asbestos; (ii) anthophyllite asbestos; (iii) chrysotile ("white asbestos"); (iv) crocidolite ("blue asbestos"); (v) grunerite asbestos (or amosite) ("brown asbestos"); (vi) tremolite asbestos; or (b) any material or object, whether natural or manufactured, that contains one or more of the mineral silicates referred to in paragraph (a); Notes 1 The mineral silicates set out in paragraph (a)(i), (ii), (v) and (vi) use the same name for both the asbestiform and non-asbestiform varieties. The word "asbestos" has been included here to emphasise that only the asbestiform habit of these minerals is regulated as asbestos by these Regulations. r. 3 -- 3 of 5 -- S.R. No. 93/2010 Occupational Health and Safety Amendment (Miscellaneous) Regulations 2010 3 2 A substance that contains both non-asbestiform mineral silicates and a hazardous substance is a hazardous substance to which Part 4.1 (Hazardous Substances) applies.'. (2) For the definition of registered medical practitioner in regulation 1.1.5 of the Principal Regulations substitute— "registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);". 5 Matters to be included in licence applications At the end of regulation 6.1.1 of the Principal Regulations insert— "(2) Despite subregulation (1), an application by a person who holds a certificate of competency (as defined in regulation 8.2.1) and who seeks to be licensed to perform the type of work authorised by that certificate need only— (a) include the following— (i) a declaration by the applicant that he or she has maintained the competencies required to do the work that the certificate of competency authorises him or her to do; and (ii) any photograph of the applicant required by the Authority; and (iii) any other proof of identity required by the Authority; and (b) be accompanied by the application fee required by regulation 6.1.2(2).". ═══════════════ r. 5 -- 4 of 5 -- S.R. No. 93/2010 Occupational Health and Safety Amendment (Miscellaneous) Regulations 2010 4 ENDNOTES 1 Reg. 3: S.R. No. 54/2007 as amended by S.R. Nos 140/2007 and 18/2010. Endnotes -- 5 of 5 --