Occupational Health and Safety (Plant) (Amendment) Regulations 1998

i Occupational Health and Safety (Plant) (Amendment) Regulations 1998 S.R. No. 138/1998 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Principal Regulations 1 4. Insertion of new definition 2 5. Substitution of regulation 601 2 601. Application of this Part 2 6. Insertion of sub-regulation in regulation 711 2 7. Substitution of regulation 903 2 903. Duties applicable to various persons in relation to roll-over protection on tractors 3 ═══════════════ NOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 1998 S.R. No. 138/1998 Occupational Health and Safety Act 1985 Occupational Health and Safety (Plant) (Amendment) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 17 November 1998 Responsible Minister: ROGER M. HALLAM Minister for Finance SHANNON DELLAMARTA Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the provisions in the Occupational Health and Safety (Plant) Regulations 19951 concerning the duties of certain persons in relation to tractors. 2. Authorising provision These Regulations are made under section 59 of the Occupational Health and Safety Act 1985. 3. Principal Regulations In these Regulations the Occupational Health and Safety (Plant) Regulations 1995 are called the Principal Regulations. -- 2 of 6 -- S.R. No. 138/1998 Occupational Health and Safety (Plant) (Amendment) Regulations 1998 2 4. Insertion of new definition In regulation 105 of the Principal Regulations, after the definition of "risk" insert— ' "roll-over protection" means a structure to protect the operator of a tractor against injury as a result of the tractor rolling over in any direction.'. 5. Substitution of regulation 601 For regulation 601 of the Principal Regulations substitute— "601. Application of this Part In this Part— (a) regulations 603 and 604(1)(a) do not apply to plant ordered by a supplier before the commencement of these Regulations; and (b) regulation 603 does not apply to any requirement which may be placed on a supplier by that regulation in relation to the fitting of roll-over protection on a tractor which conveys its power to the ground directly by wheels 2 .". 6. Insertion of sub-regulation in regulation 711 After regulation 711(2) of the Principal Regulations insert— "(2A) Sub-regulation (2) does not apply in relation to the fitting of roll-over protection on a tractor which conveys its power to the ground directly by wheels 3 .". 7. Substitution of regulation 903 For regulation 903 of the Principal Regulations substitute— r. 4 -- 3 of 6 -- S.R. No. 138/1998 Occupational Health and Safety (Plant) (Amendment) Regulations 1998 3 '903. Duties applicable to various persons in relation to roll-over protection on tractors (1) A supplier must ensure that a tractor manufactured in, or imported into, Victoria on or after 1 July 1981 is not supplied to any person for use in a workplace unless it is fitted with roll-over protection. (2) An employer or self-employed person must ensure that a tractor is not used at the employer's or self-employed person's workplace unless it is fitted with roll-over protection. Penalty: Body corporate—400 penalty units. In any other case—100 penalty units. (3) Sub-regulation (2) does not apply to a tractor manufactured in, or imported into, Victoria before 1 July 1981 if it is not practicable to fit roll-over protection to the tractor. (4) This regulation does not apply to— (a) a tractor supplied to a workplace for use, or used at a workplace, in circumstances where there is no likelihood of the tractor overturning; or (b) a tractor used in, or being driven to, or from, an operation— (i) in an orchard; or (ii) inside, or in close proximity to, a building or structure— if it would not be practicable for the operation to be carried out by means of the tractor if it were fitted with roll- over protection; or r. 7 -- 4 of 6 -- S.R. No. 138/1998 Occupational Health and Safety (Plant) (Amendment) Regulations 1998 4 (c) a tractor weighing less than 560 kilograms, the weight being taken in the lightest form in which the tractor is normally available for retail sale when new and without water, fuel or lubricating oil. (5) Sub-regulation (1) does not apply to a tractor which the supplier intends to be used for parts or scrap material. (6) In this regulation— "supplier" does not include an auctioneer whose main function in relation to a tractor is to facilitate the supply of the tractor by way of conducting an auction; and "tractor" has the same meaning attributed to it in regulation 105 except that in this regulation the term only applies to a tractor which conveys its power directly to the ground by wheels.'. ═══════════════ r. 7 -- 5 of 6 -- S.R. No. 138/1998 Occupational Health and Safety (Plant) (Amendment) Regulations 1998 5 NOTES 1 Reg. 1: S.R. No. 81/1995 2 Reg. 5: There are specific obligations imposed on a supplier in relation to the fitting of roll-over protection for tractors in regulation 903 and that regulation should be referred to if supplying a tractor. 3 Reg. 6: There are specific obligations imposed on an employer (and self- employed person) in relation to the fitting of roll-over protection for tractors in regulation 903 and that regulation should be referred to if using a tractor. Notes -- 6 of 6 --