Occupational Health and Safety Regulations 2017

to further the objects of the Occupational Health and Safety Act 2004 by—

providing for health and safety in relation to workplaces and hazards, activities and things at workplaces; and

providing for the management of asbestos-containing materials in workplaces, the removal of asbestos, and the licensing of asbestos removalists; and

providing for the safe operation of major hazard facilities and mines in order to reduce the likelihood of a serious incident occurring; and

specifying training requirements for certain persons engaged in construction work at workplaces; and

providing for the licensing of certain persons engaged in high risk work at workplaces; and

providing procedures for the resolution of health and safety issues at workplaces; and

specifying the information to be included in entry permits issued under Part 8 of the Act; and

providing for other matters that are required or permitted by the Act or that are necessary to give effect to the Act; and

to further the objects of the Dangerous Goods Act 1985 by—

prohibiting the use of asbestos; and

providing for the protection of property from damage from the use of dangerous goods at major hazard facilities.

This Chapter, Division 1 of Part 4.4, Division 1 of Part 5.2 and Chapter 7 are made under section 158 of the Occupational Health and Safety Act 2004 and section 52 of the Dangerous Goods Act 1985.

The remaining provisions of these Regulations (except Division 4 of Part 4.4 and Division 7 of Part 5.2 and Chapter 9) are made under section 158 of the Occupational Health and Safety Act 2004.

Division 4 of Part 4.4, Division 7 of Part 5.2 and Chapter 9 are made under section 52 of the Dangerous Goods Act 1985.

These Regulations (except regulation 376(c), clause 19 of Schedule 3, clause 1.6(g) of Schedule 16 and clause 10(b) of Schedule 17) come into operation on 18 June 2017.

Regulation 376(c), clause 19 of Schedule 3, clause 1.6(g) of Schedule 16 and clause 10(b) of Schedule 17 come into operation on 18 June 2018.

The Authority may make determinations of the following—

a scheme for the approval of laboratories for the purpose of paragraph (b) of the definition of approved asbestos laboratory in regulation 5;

an exposure measurement method for the purpose of paragraph (b) of the definition of asbestos exposure standard in regulation 5;

an occupational health and safety management system for the purpose of paragraph (b) of the definition of asbestos occupational health and safety management system in regulation 5;

a method of air sampling for the purpose of paragraph (b) of the definition of asbestos paraoccupational air monitoring in regulation 5;

a specified construction RTO or a class of construction RTOs for the purpose of the definition of construction statement of attainment in regulation 5;

a product that is not engineered stone for the purpose of the definition of engineered stone in regulation 5;

a specified authorised assessor or a class of authorised assessors for the purpose of the definition of notice of assessment (satisfactory) in regulation 5;

evidence of a specified class for the purpose of the definition of recognised evidence of construction induction training in regulation 5;

a prohibited hazardous substance for the purposes of regulation 153(2);

a hazardous substance, and particular circumstances (if any), for the purposes of regulation 154(1)(c);

the minimum record retention period (not exceeding 30 years) for a particular hazardous substance for the purposes of regulations 168(1)(a) and 171(1)(a);

a hazardous substance for which health monitoring is required for the purposes of regulation 169(1)(a)(ii);

the minimum record retention period (not exceeding 30 years) for the purposes of regulations 204(a), 263(2)(a), 283(2)(a) and 313(2)(a);

an auditable process to verify that asbestos‑containing material has been removed from construction or demolition material for the purposes of regulation 206(a);

a method to measure asbestos-containing material in construction or demolition material for the purposes of regulation 206(b);

an asbestos-related activity for the purposes of regulation 302(l);

a crystalline silica process for the purposes of regulation 319B(1)(g);

an activity, procedure, plant, process, substance, situation or other circumstance to be a mining hazard for the purposes of regulation 400(1)(b).

If the Authority makes a determination under these Regulations it must publish a notice in the Government Gazette that—

states that the determination has been made; and

identifies to whom and to what the determination applies; and

identifies the provision or provisions of these Regulations to which the determination relates; and

may include any other details that the Authority considers to be appropriate.

As soon as reasonably possible after it has complied with subregulation (2), the Authority must cause a similar notice to be published in a newspaper circulating generally throughout Victoria.

A determination (other than a determination made under regulation 6A, 363 or 364) takes effect on the day on which the notice is published in the Government Gazette, or on any later day specified in the notice.

The Authority must make a copy of a determination available for inspection by any person affected by the determination.

Nothing in this regulation is intended to require the Authority to include in the notice under subregulation (2) or (3) or the determination under subregulation (5)—

any confidential or personal information about an individual; or

any information relating to manufacturing or commercial secrets or working processes.

For the purpose of paragraph (b) of the definition of facility in regulation 5, the Authority may determine that any ship, floating platform or other place is a facility if satisfied that—

it is a workplace at which Schedule 14 materials are present or likely to be present; and

it is located in, proposed to be located in or will be located in—

Victorian coastal waters; or

any sea within the limits of Victoria.

The Authority must send to the proposed operator of a ship, floating platform or other place in respect of which a determination is made under subregulation (1) a written notice that—

sets out the determination; and

states the reasons for the determination; and

specifies the date on which the determination takes effect.

The date specified under subregulation (2)(c) must be not less than 30 days after the proposed operator is sent the notice.

A ship, floating platform or other place in respect of which a determination is made under subregulation (1) is taken to be a facility from the date on which the determination takes effect.

A provision of these Regulations that sets out a way that an employer complies with a duty under section 21 or 35 of the Act in relation to employees extends to the employer's duty under that section to an independent contractor engaged by the employer and any employees of the independent contractor.

If a provision of these Regulations (other than subregulation (1)) provides that an employer's duty under another provision of these Regulations extends to an independent contractor—

that other provision applies as if a reference to an employee were a reference to an independent contractor engaged by the employer and any employees of the independent contractor; and

the duty of the employer under that other provision extends to an independent contractor engaged by the employer, and any employees of the independent contractor, in relation to matters over which the employer has control or would have control if not for any agreement purporting to limit or remove that control.

a designer, in relation to plant, is a reference to a person who designs the plant and who knows, or ought reasonably to know, that the plant is to be used at a workplace;

a manufacturer, in relation to plant or a substance, is a reference to a person who manufactures that plant or substance and who knows, or ought reasonably to know, that the plant or substance is to be used at a workplace;

a supplier, in relation to plant or a substance, is a reference to a person who supplies that plant or substance and who knows, or ought reasonably to know, that the plant or substance is to be used at a workplace (whether by the person supplied or anyone else).