Occupational Health and Safety Regulation 2001 - NSW Legislation

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Contents (2001 - 648)

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Occupational Health and Safety Regulation 2001
Status information
Chapter 1 Preliminary
- 1 Name of Regulation
- 2 Commencement
- 3 Definitions
- 4 Application of Regulation
- 5 Meaning of “control” of risks
- 6 Application of provisions providing for alternative duties if primary duty not reasonably practicable
- 6A Duties to apply so far as is reasonably practicable
- 7 Application of provisions of Part 2 of the Act (relating to general duties of certain persons) to persons having duties under this Regulation
- 8 Responsibilities held by more than one responsible person
Chapter 2 Places of work—risk management and other matters
- Note
- 9 Employer to identify hazards
- 10 Employer to assess risks
- 11 Employer to eliminate or control risks
- 12 Employer to review risk assessments and control measures
- 13 Employer to provide instruction, training and information
- 14 Employer to provide supervision
- 15 Provision by an employer of personal protective equipment
- 16 Employer to obtain information
- 17 Employer to provide for emergencies
- 18 Employer to provide amenities
- 19 Maintenance of amenities and accommodation
- 20 Employer to provide first aid facilities and personnel
Chapter 3 Workplace consultation
- Note
- 21 Definitions
- 22 Setting up consultation arrangements (section 15 (f) of the Act)
- 23 Workgroups represented by OHS committees or OHS representatives
- 24 Minimum requirements for OHS committees
- 25 Minimum requirements for election of OHS representatives
- 26 Other agreed arrangements (sections 16 (c) and 17 (3) of the Act)
- 27 Related obligations of employer with respect to duty to consult
- 28 Employees to disclose certain matters
- 29 Procedure for resolving matter that may be risk to health and safety
- 30 Additional functions of OHS committees and OHS representatives (section 18 (d) of the Act)
- 31 Training to be undertaken by members of OHS committees and OHS representatives
- 32 Savings and transitional arrangements
Chapter 4 Work premises and working environment
- Note
- Part 4.1 Preliminary
  - 33 Definitions
- Part 4.2 Work premises
- Part 4.3 Use of places of work
- Part 4.4 Manual handling
- Part 4.5 Long distance truck driver fatigue
Chapter 5 Plant
- Note
- Part 5.1 Preliminary
  - 82 Definitions
  - 83 Plant affecting public safety
- Part 5.2 Design, manufacture and registration of plant
- Part 5.3 Supply of plant
- Part 5.4 Working with plant
Chapter 6 Hazardous substances
- Note
- Part 6.1 Preliminary
- Part 6.2 Manufacture of hazardous substances
- Part 6.3 Supply of hazardous substances
- Part 6.4 Use of hazardous substances
Chapter 6A Dangerous goods
- Note
- Part 6A.1 Preliminary
- Part 6A.2 Manufacture, import and supply of dangerous goods
- Part 6A.3 Obligations of occupiers
- Part 6A.4 Obligations of employers
- Part 6A.5 Specific provisions applying to all dangerous goods to which section 135A of Act applies
Chapter 6B Major hazard facilities
- Part 6B.1 Preliminary
- Part 6B.2 Hazard identification and risk assessment
  - 175C Extension of hazard identification and risk assessment provisions
  - 175D Regular risk assessments
- Part 6B.3 Duties in relation to major hazard facilities
  - 175E Duties in relation to major accidents at major hazard facilities
- Part 6B.4 Notification regarding operation of major hazard facilities and potential major hazard facilities
- Part 6B.5 WorkCover may determine potential major hazard facilities to be major hazard facilities
  - 175K WorkCover may determine a potential major hazard facility to be a major hazard facility
- Part 6B.6 Provisional registration and registration of major hazard facilities
- Part 6B.7 Duties of employees at major hazard facilities
  - 175X Duties of employees at major hazard facilities
- Part 6B.8 Miscellaneous
Chapter 7 Hazardous processes
- Note
- Part 7.1 Spray painting
- Part 7.2 Abrasive blasting
- Part 7.3 Welding
- Part 7.4 Electroplating
- Part 7.5 Molten metal
- Part 7.6 Lead processes and lead risk work
- Part 7.7 Electrical work
Chapter 8 Construction work
- Note
- Part 8.1 Preliminary
- Part 8.2 OHS induction training—construction work
- Part 8.3 Special workplace arrangements for construction work
- Part 8.4 Control of risks arising during construction work
- Part 8.5 Excavation work—particular provisions
- Part 8.6 Demolition work—particular provisions
- Part 8.7 Asbestos—particular provisions
- Part 8.8 Diving work—particular provisions
Chapter 9 Certification of workers
- Part 9.1A Licences for high risk work
- Part 9.1 Certificates of competency for pesticides, fumigants and certain loadshifting machines
- Part 9.2
  - 299–316 (Repealed)
Chapter 10 Licensing of certain businesses
- Part 10.1 Preliminary
  - 317 Definitions
- Part 10.2 Licences required for demolition or asbestos removal work
  - 318 Licensed work not to be carried on without a licence
- Part 10.3 Provisions relating to licences
- Part 10.4
  - 330 (Repealed)
Chapter 10A Registration of clothing factories
- Part 10A.1 Preliminary
  - 330A Definitions
- Part 10A.2 Registration
- Part 10A.3 Miscellaneous
  - 330G Manner of giving applications and notices
  - 330H Public register
- Part 10A.4 Savings and transitional provisions
  - 330I Savings and transitional provisions
Chapter 11 Permits for certain work
- Part 11.1 Preliminary
  - 331 Definitions
- Part 11.2 Permits required for demolition or friable asbestos removal work
  - 332 Demolition work or friable asbestos removal work not to be done without a permit
- Part 11.3 Provisions relating to permits
- Part 11.4 Savings and transitional provisions
  - 340 Savings and transitional provisions
Chapter 12 Miscellaneous
- Part 12.1 Notification of accidents and other matters
- Part 12.2 Prescription of additional serious incidents
  - 344 Non-disturbance of places and plant involved in serious incidents—additional serious incidents
- Part 12.3 Notifications of proposed work
  - 345 Proposed work in respect of which notice is required
  - 346 WorkCover or Department Head (Mining) to be notified of any reviews of risk assessments
- Part 12.4 Exemptions
- Part 12.5 Reviews of decisions
  - 351 Decisions subject to review by the Administrative Decisions Tribunal: section 36 of the Act
- Part 12.6 Penalty notice offences
- Part 12.7 Other miscellaneous provisions
Schedule 1 Standards covering design and manufacture of plant
Schedule 2 Penalty notices
Schedule 3 Savings and transitional provisions
Schedules 4, 4A (Repealed)
Schedule 5 Quantities of dangerous goods
Schedule 6 Placarding requirements
Schedule 7 Information to be contained in a manifest
Schedule 8 Identification of a major hazard facility
Historical notes

Occupational Health and Safety Regulation 2001

Repealed version for 7 June 2011 to 31 December 2011 (accessed 1 March 2019 at 08:59)

Chapter 4 Part 4.3 Division 9 Clause 71

71 Safety of atmosphere—particular risk control measures

(1) Subject to subclause (4), an employer must ensure that no person enters a confined space unless:
(a)  the confined space contains a safe oxygen level, and
(b)  any atmospheric contaminants in the confined space are reduced below the appropriate exposure standards referred to in clause 51 (Atmospheric contaminants—particular risk control measures), and
(c)  the confined space is free from extremes of temperature, and
(d)  the concentration of any flammable contaminant in the atmosphere of the confined space is below 5% of its LEL.
(2) An employer must ensure that, if a concentration of flammable contaminant in the atmosphere of a confined space is found to be more than 5% of its LEL and less than 10% of its LEL, all persons leave the confined space unless a continuous monitoring, suitably calibrated flammable contaminant detector is used in the confined space at all times while persons are present in it.
(3) An employer must ensure that, if a concentration of flammable contaminant in the atmosphere of a confined space is found to be 10% of its LEL or more, all persons leave the confined space.
(4) If a safe oxygen level cannot be provided or atmospheric contaminants cannot be reduced to safe levels in a confined space, persons may enter the space if equipped with suitable personal protective equipment including air supplied respiratory protective equipment.
(5) If an atmospheric contaminant is present in a confined space, or a confined space contains less than 19.5% oxygen, an employer must provide warning signs.
Maximum penalty: Level 4.