Work Health and Safety and Other Legislation Amendment Regulation (No. 1) 2016

1Short title

This regulation may be cited as the Work Health and Safety and Other Legislation Amendment Regulation (No. 1) 2016 .

2Regulation amended

This part amends the Electrical Safety Regulation 2013 .

3Amendment of s 24 (Performance of high voltage live line work)

Section 24(4), definition high voltage live line work management plan, paragraph (a), ‘guidelines’—
omit, insert—

standards

4Amendment of s 25 (Testing of electrical equipment after electrical work)

Section 25(3) and (4)—
omit, insert—

(3)If a training person performs the work mentioned in subsection (2) under the supervision of a licensed electrical worker, subsection (2) applies to the licensed electrical worker and not the training person as if the licensed electrical worker were performing the work.

(4)A licensed electrical contractor or electricity entity who performs the electrical work of connecting the electrical equipment to a source of electricity for use for its intended purpose must ensure the electrical equipment is tested as required under subsections (6) and (7).

Maximum penalty—40 penalty units.

5Amendment of s 64 (Operation of trade contractor’s licence)

Section 64(2), definition trade contractor’s licence, ‘ Queensland Building Services Authority Regulation 2003 ’—
omit, insert—

Queensland Building and Construction Commission Regulation 2003

6Amendment of s 69 (Meaning of unsafe distance for persons, operating plant and vehicles for overhead electric lines)

Section 69(4), second mention—
renumber as section 69(5).

7Insertion of new s 285A

Part 15, division 3—
insert—

285A Prescribed Act—Act, s 193

Each Act stated in schedule 8A is prescribed for section 193(3)(c)(ii) of the Act.

8Insertion of new sch 8A

After schedule 8—
insert—

Schedule 8A Prescribed Acts—Act, section 193

section 285A

Building Act 1975

Coal Mining Safety and Health Act 1999

Coroners Act 2003

Electricity Act 1994

Fair Trading Act 1989

Fire and Emergency Services Act 1990

Further Education and Training Act 2014

Mining and Quarrying Safety and Health Act 1999

Petroleum and Gas (Production and Safety) Act 2004

Police Powers and Responsibilities Act 2000

Queensland Building and Construction Commission Act 1991

Queensland Civil and Administrative Tribunal Act 2009

Workers’ Compensation and Rehabilitation Act 2003

9Regulation amended

This part amends the Safety in Recreational Water Activities Regulation 2011 .

10Amendment of s 6 (Count of all persons on board to be made and recorded)

Section 6(6), penalty, ‘for subsection (6)’—
omit.

11Amendment of s 12 (Count of all persons on board to be made and recorded)

Section 12(6), penalty, ‘for subsection (6)’—
omit.

12Insertion of new pt 4

Part 4—
insert—

Part 4 Miscellaneous

15 Prescribed Act—Act, s 41

Each Act stated in schedule 1A is prescribed for section 41(3)(c)(ii) of the Act.

13Insertion of new sch 1A

Before schedule—
insert—

Schedule 1A Prescribed Acts—Act, section 41

section 15

Coroners Act 2003

Police Powers and Responsibilities Act 2000

Queensland Civil and Administrative Tribunal Act 2009

Transport Operations (Marine Safety) Act 1994

14Amendment of schedule (Dictionary)

(1)Schedule, definition recreational dive training organisation, ‘AS4005.1, part 1’—
omit, insert—

AS 4005.1 ‘Training and certification of recreational divers’, part 1 (Minimum entry-level SCUBA diving)

(2)Schedule, definition recreational dive training organisation, editor’s note—
omit.

15Regulation amended

This part amends the State Penalties Enforcement Regulation 2014 .

16Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

Schedule 1, entry for Work Health and Safety Regulation 2011 —
insert—

s 42(1)		71/5	36
s 299(1)		71/5	36
s 300(1)		71/5	36
s 300(2)		71/5	36
s 306(1)		71/5	36
s 306L(5)		71/5	36
s 306Q(2)		71/5	36
s 317(1)		48/25	213/5
s 330(1)		71/5	36
s 339(1)		71/5	36
s 339(3)		71/5	36
s 346(1)		71/5	36
s 346(3)		48/25	213/5
s 419(1)		71/5	36
s 446(1)		48/25	213/5
s 446(3)		48/25	213/5
s 466(1)		48/25	213/5
s 466(3)		48/25	213/5

17Regulation amended

This part amends the Work Health and Safety Regulation 2011 .

18Amendment of s 2 (Commencement)

Section 2(2C), ‘1 January 2017’—
omit, insert—

1 January 2019

19Amendment of s 55 (Minimising risk associated with falling objects)

Section 55(1), ‘section 38’—
omit, insert—

section 54

20Amendment of s 101 (Application for renewal)

Section 101(2)—
insert—

(e)if the applicant was directed by the regulator to obtain a reassessment of competency under section 95, a declaration by the applicant that he or she has obtained the reassessment of competency.

21Amendment of s 272A (Duration of registration on commencement)

(1)Section 272A(1), ‘1 January 2017’—
omit, insert—

1 January 2019

(2)Section 272A(2), ‘31 January 2017’—
omit, insert—

31 January 2019

22Amendment of s 279A (Duration of renewal on commencement)

(1)Section 279A(1), ‘1 January 2017’—
omit, insert—

1 January 2019

(2)Section 279A(2), ‘31 January 2017’—
omit, insert—

31 January 2019

23Amendment of s 328 (Application of pt 7.1)

Section 328(5) after ‘categorised’—
insert—

only

24Amendment of s 335 (Labelling hazardous chemicals)

(1)Section 335(2)—
omit, insert—

(2)A hazardous chemical is correctly labelled if—

(a)the selection and use of label elements is in accordance with the GHS and the hazardous chemical is labelled as stated in schedule 9, part 3; or

(b)the hazardous chemical is—

(i)labelled under a law of the Commonwealth relating to the labelling of hazardous chemicals; and

(ii)labelled in a way that corresponds, or substantially corresponds, to the way a hazardous chemical is labelled as stated in schedule 9, part 3.

(2)Section 335(3)(a), from ‘Standard’ to ‘time’, second mention—
omit, insert—

Poisons Standard

(3)Section 335—
insert—

(7)This section does not apply to a veterinary chemical if—

(a)the veterinary chemical is—

(i)included in the Poisons Standard, schedule 4; and

(ii)in a form intended for direct administration to an animal for therapeutic purposes; or

(b)the veterinary chemical is included in the Poisons Standard, schedule 8.

(8)In this section—

Poisons Standard means the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 (Cwlth).

veterinary chemical means a veterinary chemical product within the meaning of the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth).

25Amendment of s 341 (Labelling hazardous chemicals—general requirement)

Section 341—
insert—

(2)However, subsection (1) does not apply if the hazardous chemical is—

(a)supplied to the workplace before 1 January 2017; and

(b)labelled according to the national labelling code.

26Amendment of s 342 (Labelling hazardous chemicals—containers)

(1)Section 342—
insert—

(1A)However, subsection (1) does not apply to a hazardous chemical if the chemical is—

(a)either—

(i)manufactured at the workplace before 1 January 2017; or

(ii)transferred or decanted from its original container at the workplace before 1 January 2017; and

(b)labelled according to the national labelling code; and

(c)not supplied to another workplace.

Note—

See section 338 for provisions about labelling a hazardous chemical supplied to another workplace.

(2)Section 342—
insert—

(2A)However, subsection (2) does not apply if the hazardous chemical is—

(a)stored in the container at the workplace before 1 January 2017; and

(b)labelled according to the national labelling code.

27Amendment of s 435 (Duty to provide health monitoring)

Section 435(1)(b) ‘is’, first mention—
omit.

28Amendment of ch 8, pt 8.8, hdg (Asbestos removal requiring class A licence)

Chapter 8, part 8.8, heading, before ‘licence’—
insert—

asbestos removal

29Amendment of s 475 (Air monitoring—asbestos removal requiring class A licence)

Section 475, heading, before ‘licence’—
insert—

asbestos removal

30Amendment of s 589 (Amendment imposed by regulator)

(1)Section 589(3)(c), ‘28 days’—
omit, insert—

14 days

(2)Section 589(3)(c)(iii), ‘28 days’—
omit, insert—

14 days

31Amendment of s 689 (Major hazard facility—regulator to be satisfied about particular matters)

Section 689(2), ‘subsection (1)(c)’—
omit, insert—

subsection (1)(d)

32Insertion of new s 701A

Chapter 11, part 11.3—
insert—

701A Prescribed Act—Act, s 271

Each Act stated in schedule 18A is prescribed for section 271(3)(c)(ii) of the Act.

33Amendment of sch 3 (High risk work licences and classes of high risk work)

(1)Schedule 3, item 20—
omit, insert—

20

Personnel and materials hoist

(1)  Use of a personnel and materials hoist (2)  Use of a materials hoist

(2)Schedule 3, item 28—
omit, insert—

28	Steam turbine operation	Operation of a steam turbine that has an output of 500 kilowatts or more and—
		(a)  is multi-wheeled; or (b)  is capable of a speed greater than 3600 revolutions per minute; or (c)  has attached condensers; or (d)  has a multi-staged heat exchange extraction process

34Amendment of sch 4 (High risk work licences—competency requirements)

(1)Schedule 4, item 22—
omit, insert—

22

Concrete placing boom

Licence to operate a concrete placing boom

(2)Schedule 4, item 28—
omit, insert—

28

Steam turbine operation

Licence to operate a steam turbine

35Amendment of sch 5 (Registration of plant and plant designs)

(1)Schedule 5, part 1, section 1, item 1.4—
omit, insert—

1.4Lifts, escalators and moving walkways

(2)Schedule 5, part 1, section 1, item 1.8, ‘covered’—
omit, insert—

classified

(3)Schedule 5, part 2, section 3, item 3.4—
omit, insert—

3.4Lifts, escalators and moving walkways, except lifts stated in section 4(2)

(4)Schedule 5, part 2, section 3, item 3.6, ‘covered’—
omit, insert—

classified

36Amendment of sch 13, s 3 (Outer warning placards—requirements)

Schedule 13, section 3(3), definition red, ‘2007S’—
omit, insert—

2700S

37Insertion of new sch 18A

After schedule 18—
insert—

Schedule 18A Prescribed Acts—Act, section 271

section 701A

Anti-Discrimination Act 1991

Building Act 1975

Coal Mining Safety and Health Act 1999

Coroners Act 2003

Disaster Management Act 2003

Education (General Provisions) Act 2006

Electricity Act 1994

Environmental Protection Act 1994

Explosives Act 1999

Fair Trading Act 1989

Fire and Emergency Services Act 1990

Further Education and Training Act 2014

Heavy Vehicle National Law Act 2012

Hospital and Health Boards Act 2011

Local Government Act 2009

Mining and Quarrying Safety and Health Act 1999

Petroleum and Gas (Production and Safety) Act 2004

Police Powers and Responsibilities Act 2000

Private Health Facilities Act 1999

Public Health Act 2005

Queensland Building and Construction Commission Act 1991

Queensland Civil and Administrative Tribunal Act 2009

Sustainable Planning Act 2009

Transport (Rail Safety) Act 2010

Transport Operations (Marine Safety) Act 1994

Transport Operations (Passenger Transport) Act 1994

Transport Operations (Road Use Management) Act 1995

Waste Reduction and Recycling Act 2011

Workers’ Compensation and Rehabilitation Act 2003

38Amendment of sch 19 (Dictionary)

(1)Schedule 19—
insert—

national labelling code means the document titled ‘National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)]’, declared by the National Occupational Health and Safety Commission in March 1994.

(2)Schedule 19, definition concrete placing boom, ‘a knuckle’—
omit, insert—

an articulating

(3)Schedule 19, definition pressure piping, paragraph (a), ‘liquid’—
omit, insert—

fluid

(4)Schedule 19, definition tower crane, paragraph (a)—
omit, insert—

(a)a crane that has a boom or jib mounted on a tower structure; and