Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

ASBESTOS MANAGEMENT POLICY AND GUIDANCE

Policy statement

1. Asbestos and asbestos-containing materials are health hazards—particularly if/when asbestos fibres become airborne. Defence takes action to create a safe working environment free of risks from asbestos.

Scope

2. This policy applies to all Defence workers, including ADF members, APS employees, ADF cadets, contractors and other persons.

3. The application of this policy to contractors and sub-contractors is dependent on the degree of control and influence that Defence has over the undertaking and will be defined within the relevant contractual arrangements.

Policy – core elements

4. This policy applies to all Groups and Services who have a responsibility to manage processes under any of the following categories:

4.1 asbestos-related work—work involving asbestos (other than asbestos removal work to which the Work Health and Safety Regulations 2011, Chapter 8, Part 8.7 - Asbestos removal work (Annex A) applies) that is permitted under the exceptions set out in the Work Health and Safety Regulations 2011, Chapter 8, Part 8.1, Regulation 419(3), (4) and (5) – Work involving asbestos or asbestos containing material – prohibitions and exceptions (Annex B); and

4.2 asbestos removal work—including removal of asbestos and asbestos-containing materials as well as class A or class B asbestos removal work as outlined in the Work Health and Safety Regulations 2011, Part 8.10, Division 1 – Asbestos removalists – requirements to be licensed (Annex C).

5. Asbestos removal work must be performed to Australian standards by appropriately qualified personnel. Defence personnel are not to remove asbestos except in an emergency. In an emergency situation asbestos may be removed by Defence personnel only if they are qualified, trained and licensed in accordance with the provisions of the Work Health and Safety Act 2011, the Work Health and Safety Regulations 2011 and associated Codes of Practice.

6. Groups and Services must prevent new asbestos or asbestos-containing materials being introduced into Defence by any means of acquisition.

7. Defence assets containing asbestos or asbestos-containing materials may only be sold, gifted or disposed of in accordance with the Work Health and Safety Regulations 2011. All safety-related information relevant to the use, storage, transport, handling, maintenance, decommissioning, dismantling and disposal of the asset must be provided to the recipients.

8. Before starting and throughout asbestos-related work, a competent person must perform atmospheric monitoring of the work area if there is uncertainty whether the exposure

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standard is likely to be exceeded. Further information is provided in SafetyMan – Hazardous Chemicals Management Procedure 12 - Health Monitoring for Hazardous Chemicals and SafetyMan – Hazardous Chemicals Management Procedure 13 - Monitoring for Airborne Contaminants.

9. Due to the serious consequences that may result from exposure to asbestos, Defence shall investigate all asbestos exposure events reported within Sentinel. Defence shall:

9.1 determine the exact cause of the exposures;

9.2 assess the risk (likelihood and consequence) of recurrence;

9.3 develop controls to prevent future incidents; and

9.4 continually improve the Defence safety management system.

10. External/environmental and personal risk factors are to be considered in the assessment of asbestos risk.

Roles and responsibilities

11. Group Heads and Service Chiefs as officers of the Person Conducting a Business or Undertaking are responsible for allocating sufficient resources to effectively manage asbestos-related risks.

12. Commanders/managers and supervisors must take all practicable steps to protect the health and safety of workers. They have a responsibility to:

12.1 understand how asbestos affects their workers and the work being performed;

12.2 consult with workers to identify, assess and control asbestos-related hazards and risks;

12.3 ensure the appropriate risk management is conducted for all activities;

12.4 provide all workers with appropriate education, information, instruction, training and supervision;

12.5 implement improvements to reduce asbestos-related risks, so far as is reasonably practicable to acceptable levels; and

12.6 analyse event reports where exposure to asbestos, or potential exposure, may cause or contribute to injury or illness.

13. All workers have a responsibility to:

13.1 take all reasonably practical steps to safeguard their own health and safety, and the safety of others in the workplace;

13.2 understand and follow established safe work practices and procedures, participate in training and hazard identification, and control risks arising from asbestos hazards in accordance with guidance;

13.3 advise supervisors of any perceived risk that could increase exposure to injury or illness;

13.4 monitor themselves and their fellow workers, and take action when they observe elevated risks to themselves or others; and

13.5 report exposure or potential exposure to asbestos that might result in injury or illness.

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14. SafetyMan - Asbestos Management Policy Guidance - Roles and Responsibilities contains a detailed list of roles and responsibilities in relation to asbestos management within Defence.

References and related documents

15. Work Health and Safety Act 2011

16. Work Health and Safety Regulations 2011

17. SafetyMan:

17.1 Hazardous Chemicals Management Procedure 12 - Health Monitoring for Hazardous Chemicals Monitoring for Hazardous Chemicals

17.2 Hazardous Chemicals Management Procedure 13 - Monitoring for Airborne Contaminants

17.3 Work Health and Safety Event (Incident) Reporting Policy and Guidance

17.4 Work Health and Safety Event Investigation Policy

17.5 Personal Protective Equipment Policy

18. SafeWork Australia, Code of Practice How to Manage and Control Asbestos in the Workplace

19. SafeWork Australia, Code of Practice - How to Safely Remove Asbestos

20. NSW Environmental Protection Authority - Protection of the Environment Operations Act 1997

21. Northern Territory Environmental Protection Authority Act 2012 - Waste Management Pollution and Control Act

22. Queensland Department of Environment and Heritage Protection - Environmental Protection Regulation 2008

23. Western Australian Department of Environment Regulation - Environmental Protection Act 1986

24. Environmental Protection Authority of Tasmania - Environmental Management and Pollution Control (Waste Management) Regulations 2010

25. Environmental Protection Authority of Victoria - Environment Protection Act 1970

26. Environmental Protection Authority of South Australia - Environment Protection Act 1993

27. ACT Environmental and Planning Directorate - Environment Protection Act 1997

28. Globally Harmonized System of Classification and Labelling of Chemicals (GHS)

29. Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment, [NOHSC:1003 (1995)]

30. Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres 2nd Edition [NOHSC:3003 (2005)]

31. Australian Standards

31.1 AS 1319 - 1994 - Safety Signs for the Occupational Environment

31.2 AS/NZS 1715:2009 - Selection, Use and Maintenance of Respiratory Protective Equipment

31.3 AS 4964 - 2004 -Method for the Qualitative Identification of Asbestos in Bulk Samples

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32. Health Directive No 258, Determining the Requirement for Occupational Health Monitoring in the Australian Defence Force

33. Health Directive No 296, Health Aspects to Managing Asbestos Containing Material in the Australian Defence Force

34. Defence Asbestos Exposure Evaluation Scheme (DAEES) telephone 1300 333 362

35. Defence Technical Fact Sheet - Asbestos Information Sheet (WHS intranet website)

36. Safety, Rehabilitation and Compensation Commission (SRCC)

37. Safe Work Australia Website - Hazardous Chemical Information System

38. Asbestos Safety and Eradication Agency National Strategic Plan

39. Estate and Infrastructure Group, Safety Policy and Assurance Directorate

Annexes

A. Work Health and Safety Regulations 2011 – Chapter 8, Part 8.7 - Asbestos removal work

B. Work Health and Safety Regulations 2011 – Chapter 8, Part 8.1, Regulation 419 – Work involving asbestos or asbestos containing materials – prohibitions and exceptions

C. Work Health and Safety Regulations 2011 – Chapter 8, Part 8.10, Division 1 – Asbestos removalists – requirements to be licensed

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Annex A

Work Health and Safety Regulations 2011

Chapter 8, Part 8.7 – Asbestos removal work

Note: In this Part some duties are placed on licensed asbestos removalists and some on asbestos removalists generally.

458 - Duty to ensure asbestos removalist is licensed

(1) A person conducting a business or undertaking that commissions the removal of asbestos must ensure that the asbestos removal work is carried out by a licensed asbestos removalist who is licensed to carry out the work.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) Subregulation (1) does not apply if the asbestos to be removed is:

(a) 10 square metres or less of non-friable asbestos or ACD associated with the removal of that amount of non-friable asbestos; or

(b) ACD that is not associated with the removal of friable or non-friable asbestos and is only a minor contamination.

(3) If subregulation (2) applies, the person conducting the business or undertaking that commissions the asbestos removal work must ensure that the work is carried out by a competent person who has been trained in accordance with regulation 445.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

459 - Asbestos removal supervisor must be present or readily available

A licensed asbestos removalist must ensure that the nominated asbestos removal supervisor for asbestos removal work is:

(a) if the asbestos removal work requires a Class A licence—present at the asbestos removal area whenever the asbestos removal work is being carried out; and

(b) if the asbestos removal work requires a Class B licence—readily available to a worker carrying out asbestos removal work whenever the work is being carried out.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

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Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

460 - Asbestos removal worker must be trained

(1) A licensed asbestos removalist must not direct or allow a worker to carry out licensed asbestos removal work unless the removalist is satisfied that the worker holds a certification in relation to the specified VET course for asbestos removal relevant to the class of licensed asbestos removal work to be carried out by the worker.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) A licensed asbestos removalist must provide appropriate training to a worker carrying out licensed asbestos removal work at a workplace to ensure that the work is carried out in accordance with the asbestos removal control plan for the workplace.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) In this regulation:

appropriate training means training designed specifically for the workplace where the licensed asbestos removal work is carried out and the work to be carried out at the workplace.

Note: Unless this regulation applies, the obligation to provide training to workers carrying out unlicensed asbestos removal work is set out in regulation 445.

461 - Licensed asbestos removalist must keep training records

(1) A licensed asbestos removalist must keep a record of the training undertaken by a worker carrying out licensed asbestos removal work:

(a) while the worker is carrying out licensed asbestos removal work; and

(b) for 5 years after the day the worker stopped carrying out licensed asbestos removal work for the removalist.

Penalty:

(a) In the case of an individual—$1 250.

(b) In the case of a body corporate—$6 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) The licensed asbestos removalist must ensure that the training record is readily accessible at the asbestos removal area and available for inspection under the Act.

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Penalty:

(a) In the case of an individual—$1 250.

(b) In the case of a body corporate—$6 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

462 - Duty to give information about health risks of licensed asbestos removal work

A licensed asbestos removalist must give the following information to a person likely to be engaged to carry out licensed asbestos removal work before the person is engaged to carry out the work:

(a) the health risks and health effects associated with exposure to asbestos;

(b) the need for, and details of, health monitoring of a worker carrying out licensed asbestos removal work.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

463 - Asbestos removalist must obtain register

(1) A licensed asbestos removalist must obtain a copy of the asbestos register for a workplace before the removalist carries out asbestos removal work at the workplace.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) Subregulation (1) does not apply if the asbestos removal work is to be carried out at domestic premises.

464 - Asbestos removal control plan

(1) A licensed asbestos removalist must prepare an asbestos removal control plan for any licensed asbestos removal work the removalist is commissioned to undertake.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) An asbestos removal control plan must include:

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(a) details of how the asbestos removal will be carried out, including the method to be used and the tools, equipment and personal protective equipment to be used; and

(b) details of the asbestos to be removed, including the location, type and condition of the asbestos.

(3) The licensed asbestos removalist must give a copy of the asbestos removal control plan to the person who commissioned the licensed asbestos removal work.

Penalty:

(a) In the case of an individual—$3 600.

(b) In the case of a body corporate—$18 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

465 - Asbestos removal control plan to be kept and available

(1) Subject to subregulation (2), a licensed asbestos removalist must ensure that a copy of the asbestos removal control plan prepared under regulation 464 is kept until the asbestos removal work to which it relates is completed.

Penalty:

(a) In the case of an individual—$3 600.

(b) In the case of a body corporate—$18 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) If a notifiable incident occurs in connection with the asbestos removal work to which the asbestos removal control plan relates, the licensed asbestos removalist must keep the asbestos removal control plan for at least 2 years after the incident occurs.

Penalty:

(a) In the case of an individual—$3 600.

(b) In the case of a body corporate—$18 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) The licensed asbestos removalist must ensure that, for the period for which the asbestos removal control plan must be kept under this regulation, a copy is:

(a) readily accessible to:

(i) a person conducting a business or undertaking at the workplace; and

(ii) the person’s workers at the workplace, or a health and safety representative who represents the workers; and

(iii) if the asbestos removal work is to be carried out in domestic premises—the occupants of the premises; and

(b) available for inspection under the Act.

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Penalty:

(a) In the case of an individual—$3 600.

(b) In the case of a body corporate—$18 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

466 - Regulator must be notified of asbestos removal

(1) A licensed asbestos removalist must give written notice to the regulator at least 5 days before the removalist commences licensed asbestos removal work.

Penalty:

(a) In the case of an individual—$3 600.

(b) In the case of a body corporate—$18 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) Despite subregulation (1), licensed asbestos removal work may be commenced immediately if there is:

(a) a sudden and unexpected event, including a failure of equipment, that may cause persons to be exposed to respirable asbestos fibres; or

(b) an unexpected breakdown of an essential service that requires immediate rectification to enable the service to continue.

(3) If the asbestos must be removed immediately, the licensed asbestos removalist must give notice to the regulator:

(a) immediately by telephone; and

(b) in writing within 24 hours after notice is given under paragraph (a).

Penalty:

(a) In the case of an individual—$3 600.

(b) In the case of a body corporate—$18 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(4) A notice under subregulation (1) or (3) must include the following:

(a) the following in relation to the licensed asbestos removalist:

(i) name;

(ii) registered business name;

(iii) Australian Business Number;

(iv) licence number;

(v) business contact details;

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(b) the name and business contact details of the supervisor of the licensed asbestos removal work;

(c) the name of the competent person or licensed asbestos assessor engaged to carry out a clearance inspection and issue a clearance certificate for the work;

(d) the name and contact details of the person for whom the work is to be carried out;

(e) the following in relation to the workplace where the asbestos is to be removed:

(i) the name, including the registered business or company name, of the person with management or control of the workplace;

(ii) the address and, if the workplace is large, the specific location of the asbestos removal;

(iii) the kind of workplace;

(f) the date of the notice;

(g) the date when the asbestos removal work is to commence and the estimated duration of the work;

(h) whether the asbestos to be removed is friable or non-friable;

(i) if the asbestos to be removed is friable—the way the area of removal will be enclosed;

(j) the estimated quantity of asbestos to be removed;

(k) the number of workers who are to carry out the asbestos removal work;

(l) for each worker who is to carry out asbestos removal work—details of the worker’s competency to carry out asbestos removal work.

467 - Licensed asbestos removalist must tell certain persons about intended asbestos removal work

(1) This regulation applies if a licensed asbestos removalist is to carry out licensed asbestos removal work at a workplace.

(2) The licensed asbestos removalist must, before commencing the licensed asbestos removal work, tell the person with management or control of the workplace:

(a) that licensed asbestos removal work is to be carried out at the workplace; and

(b) when the work is to commence.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) If the workplace is domestic premises, the licensed asbestos removalist must, so far as is reasonably practicable, before commencing the licensed asbestos removal work, tell the following persons that asbestos removal work is to be carried out at the workplace, and when the work is to commence:

(a) the person who commissioned the asbestos removal work;

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(b) a person conducting a business or undertaking at the workplace;

(c) the occupier of the domestic premises;

(d) the owner of the domestic premises;

(e) anyone occupying premises in the immediate vicinity of the workplace.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

468 - Person with management or control of workplace must tell persons about asbestos removal work

(1) This regulation applies if the person with management or control of a workplace is told that asbestos removal work is to be carried out at the workplace.

(2) The person must ensure that the following persons are told that asbestos removal work is to be carried out at the workplace and when the work is to commence, before the work commences:

(a) the person’s workers and any other persons at the workplace;

(b) the person who commissioned the asbestos removal work.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) The person must take all reasonable steps to ensure that the following persons are told that asbestos removal work is to be carried out at the workplace and when the work is to commence, before the work commences:

(a) anyone conducting a business or undertaking at, or in the immediate vicinity of, the workplace;

(b) anyone occupying premises in the immediate vicinity of the workplace.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

469 - Signage and barricades for asbestos removal work

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An asbestos removalist must ensure that:

(a) signs alerting persons to the presence of asbestos are placed to indicate where the asbestos removal work is being carried out; and

(b) barricades are erected to delineate the asbestos removal area.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

470 - Limiting access to asbestos removal area

(1) This regulation applies to:

(a) a person conducting a business or undertaking at a workplace who commissions a person to carry out licensed asbestos removal work at the workplace; and

(b) a person with management or control of a workplace who is aware that licensed asbestos removal work is being carried out at the workplace.

(2) Subject to subregulation (4), the person must ensure, so far as is reasonably practicable, that no-one other than the following has access to an asbestos removal area:

(a) workers engaged in the asbestos removal work;

(b) other persons associated with the asbestos removal work;

(c) anyone allowed under these Regulations or another law to be in the asbestos removal area.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) The person may refuse to allow access to an asbestos removal area at the workplace to anyone who does not comply with:

(a) a control measure implemented for the workplace in relation to asbestos; or

(b) a direction of the licensed asbestos removalist.

(4) A person referred to in paragraph (2)(a), (b) or (c) has access to an asbestos removal area subject to any direction of the licensed asbestos removalist.

(5) If a person referred to in paragraph (2)(a), (b) or (c) has access to an asbestos removal area, the person must comply with any direction of the licensed asbestos removalist.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

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Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

471 Decontamination facilities

(1) An asbestos removalist must ensure that facilities are available to decontaminate the following:

(a) the asbestos removal area;

(b) any plant used in the asbestos removal area;

(c) workers carrying out asbestos removal work;

(d) other persons who have access to the asbestos removal area under paragraph 470(2)(b).

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) An asbestos removalist must ensure that nothing that is likely to be contaminated with asbestos is removed from the asbestos removal area unless the thing:

(a) is decontaminated before being removed; or

(b) is sealed in a container, and the exterior of the container is, before being removed:

(i) decontaminated; and

(ii) labelled in accordance with the GHS to indicate the presence of asbestos.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

472 - Disposing of asbestos waste and contaminated personal protective equipment

(1) Subject to subregulations (2) and (3), an asbestos removalist must ensure that asbestos waste:

(a) is contained and labelled in accordance with the GHS before the waste is removed from an asbestos removal area; and

(b) is disposed of as soon as practicable at a site authorised to accept asbestos waste.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

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Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) An asbestos removalist must ensure that personal protective equipment used in asbestos removal work and contaminated with asbestos:

(a) is sealed in a container before being removed from an asbestos waste area; and

(b) so far as is reasonably practicable, is disposed of on the completion of the asbestos removal work at a site authorised to accept asbestos waste; and

(c) if it is not reasonably practicable to dispose of the personal protective equipment that is clothing:

(i) is laundered at a laundry equipped to launder asbestos-contaminated clothing; or

(ii) if it is not practicable to launder the clothing—is kept in the sealed container until it is re-used for asbestos removal purposes; and

(d) if it is not reasonably practicable to dispose of the personal protective equipment that is not clothing:

(i) is decontaminated before it is removed from the asbestos removal area; or

(ii) if it is not practicable to decontaminate the equipment in the asbestos removal area—is kept in the sealed container until it is re-used for asbestos removal purposes.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Example: Work boots.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) An asbestos removalist must ensure that a sealed container referred to in subregulation (2) is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed from the asbestos removal area.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note 1: Relevant electricity safety legislation will also apply to the person conducting the business or undertaking.

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

473 - Clearance inspection

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(1) This regulation applies if a person commissions licensed asbestos removal work at a workplace.

(2) The person or, if the workplace is domestic premises, the licensed asbestos removalist must ensure that, when the licensed asbestos removal work is completed, a clearance inspection of the asbestos removal area at the workplace is carried out by:

(a) if the asbestos removal work must be carried out by the holder of a Class A asbestos removal licence—an independent licensed asbestos assessor; or

(b) in any other case—an independent competent person.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) In this regulation, a clearance inspection is an inspection of an asbestos removal area after asbestos removal work has been completed to verify that the area is safe for normal use, that:

(a) includes a visual inspection; and

(b) may include air monitoring.

Note: If it is not reasonably practicable for the licensed asbestos assessor or competent person to be independent, the person or licensed asbestos removalist may apply to the regulator for an exemption under Part 11.2 from the requirement that the assessor or competent person be independent.

474 - Clearance certificates

(1) This regulation applies if a clearance inspection has been made in accordance with regulation 473.

(2) The licensed asbestos assessor or competent person who carried out the clearance inspection must issue a clearance certificate, in accordance with this regulation, before the asbestos removal area at the workplace is re-occupied.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) The licensed asbestos assessor or competent person must ensure that the asbestos removal area does not pose a risk to health and safety from exposure to asbestos.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

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Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(4) The licensed asbestos assessor or competent person must not issue a clearance certificate unless satisfied that:

(a) the asbestos removal area, and the area immediately surrounding it, are free from visible asbestos contamination; and

(b) if the assessor or competent person undertook air monitoring as part of the clearance inspection—the monitoring shows asbestos below 0.01 fibres/ml.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(5) The clearance certificate must be in writing and must state that:

(a) the assessor or competent person found no visible asbestos residue from asbestos removal work in the area, or in the vicinity of the area, where the work was carried out; and

(b) if air monitoring was carried out by the assessor or competent person as part of the clearance inspection—the airborne asbestos fibre level was less than 0.01 asbestos fibres/ml.

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Annex B

Work Health and Safety Regulations 2011

Chapter 8, Part 8.1 - Prohibitions and authorised conduct

419 - Work involving asbestos or asbestos containing material —prohibitions and exceptions

(1) A person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, work involving asbestos.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) In this regulation, work involves asbestos if the work involves manufacturing, supplying, transporting, storing, removing, using, installing, handling, treating, disposing of or disturbing asbestos or ACM.

(3) Subregulation (1) does not apply if the work involving asbestos is any of the following:

(a) genuine research and analysis;

(b) sampling and identification in accordance with these Regulations;

(c) maintenance of, or service work on, non-friable asbestos or ACM, fixed or installed before 31 December 2003, in accordance with these Regulations;

(d) removal or disposal of asbestos or ACM, including demolition, in accordance with these Regulations;

(e) the transport and disposal of asbestos or asbestos waste where an equivalent provision to this subregulation in a corresponding WHS law states that subregulation 419(1) of that law does not apply;

(f) demonstrations, education or practical training in relation to asbestos or ACM;

(g) display, or preparation or maintenance for display, of an artefact or thing that is, or includes, asbestos or ACM;

(h) management in accordance with these Regulations of in situ asbestos that was installed or fixed before 31 December 2003;

(i) work that disturbs asbestos during mining operations that involve the extraction of, or exploration for, a mineral other than asbestos;

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(j) laundering asbestos contaminated clothing in accordance with these Regulations.

(4) Subregulation (1) does not apply if the regulator approves the method adopted for managing risk associated with asbestos.

(5) Subregulation (1) does not apply to the following:

(a) soil that a competent person has determined:

(i) does not contain any visible ACM or friable asbestos; or

(ii) if friable asbestos is visible—does not contain more than trace levels of asbestos determined in accordance with AS 4964:2004 (Method for the qualitative identification of asbestos in bulk samples);

(b) naturally occurring asbestos managed in accordance with an asbestos management plan prepared under regulation 432.

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Annex C

Work Health and Safety Regulations

Chapter 8, Part 8.10 – Licensing of asbestos removalists and asbestos assessors

Division 1—Asbestos removalists—requirement to be licensed

485 - Requirement to hold Class Asbestos removal licence

(1) A person must not carry out the removal of the following at a workplace unless the person, or the person on whose behalf the work is carried out, holds a Class A asbestos removal licence:

(a) friable asbestos;

(b) except as provided in regulation 486, ACD.

Note: See subsection 43(1) of the Act.

(2) A person who conducts a business or undertaking must not direct or allow a worker to carry out the removal of the following unless the person holds a Class A asbestos removal licence:

(a) friable asbestos;

(b) except as provided in regulation 486, ACD.

Note: See subsection 43(2) of the Act.

486 - Exception to requirement to hold Class A asbestos removal licence

A Class A asbestos removal licence is not required for the removal of ACD that:

(a) is associated with the removal of non-friable asbestos; or

(b) is not associated with the removal of friable or non-friable asbestos and is only a minor contamination.

487 - Requirement to hold Class B asbestos removal licence

(1) A person must not carry out the removal of the following at a workplace unless the person, or the person on whose behalf the work is carried out, holds a Class B asbestos removal licence or a Class A asbestos removal licence:

(a) more than 10 square metres of non-friable asbestos or ACM;

(b) ACD associated with the removal of more than 10 square metres of non-friable asbestos or ACM.

Note: See subsection 43(1) of the Act

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(2) A person who conducts a business or undertaking must not direct or allow a worker to carry out the removal of the following unless the person holds a Class B asbestos removal licence or a Class A asbestos removal licence:

(a) more than 10 square metres of non-friable asbestos or ACM;

(b) ACD associated with the removal of more than 10 square metres of non-friable asbestos or ACM.

Note: See subsection 43(2) of the Act.

488 - Recognition of asbestos removal licences in other jurisdictions

(1) In this Division, a reference to an asbestos removal licence includes a reference to an equivalent licence:

(a) granted under a corresponding WHS law; and

(b) that is being used in accordance with the terms and conditions under which it was granted.

(2) Subregulation (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

ASBESTOS MANAGEMENT POLICY GUIDANCE – ASBESTOS EXCEPTION

1. The following information supports the application of Defence SafetyMan - Asbestos Management Policy and Guidance.

2. Although the import and use of asbestos was banned in Australia from 31 December 2003, up until 31 December 2010 Defence was exempt from the ban for mission-critical items of equipment. Consequently, there is asbestos in some military equipment.

3. The Work Health and Safety Regulations 2011, Chapter 8 – Asbestos (Annex A), allows Defence to continue to use items/parts made of asbestos-containing material in equipment for which asbestos-free replacement items/parts are not available or for which replacement has not yet been required as part of normal, on-going maintenance. Similarly, asbestos-containing material may remain in existing infrastructure until it requires replacement as part of on-going maintenance.

4. Since the exemption expired, Comcare has agreed that exceptions to the legislation can be considered on a case-by-case basis under the Work Health and Safety Regulations 2011, 419(4) - Work involving asbestos or asbestos containing material – prohibitions and exemptions. If issued, exceptions can be subject to a range of conditions and review requirements.

5. Occasionally, a need arises for Defence to purchase materiel from countries whose asbestos regimes are different from Australia. Therefore, while Defence always seeks asbestos-free equipment and parts, occasionally Defence may seek exceptions to legislation and bans in order to purchase materiel to develop/maintain/sustain required capability.

Scope

6. This guidance outlines the process for a business unit to seek exception (not exemption) from Work Health and Safety legislation under Work Health and Safety Regulations 2011, 419(4) - Work involving asbestos or asbestos containing material – prohibitions and exemptions.

Defence exception process

7. Requests for exception are submitted to dpg.whs@defence.gov.au. Note: throughout the exception process, work to find asbestos-free materiel should continue.

8. The following issues/requirements should be addressed in the submission seeking Defence Work Health and Safety Committee and Defence Committee approval:

8.1. strengthened contractual terms—for all Defence materiel that requires a positive assurance from overseas suppliers that their materiel does not contain asbestos. The assurance must include independent assurance by a suitably qualified occupational hygienist who is cognisant of the Australian test standards, or by an accredited laboratory such as the National Association of Testing Authorities;

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8.2. the Safe Work Australia Code of Practice – How to Manage and Control Asbestos in the Workplace indicates that a quality assurance system should be implemented to ensure—before importation or use—that there is no asbestos in imported plant or other materiel;

8.3. where asbestos is identified in materiel to be acquired or in the associated inventory, exhaustive examination of alternatives is to be undertaken—including re-engineering or replacement—to identify viable, asbestos-free alternatives;

8.4. a comprehensive asbestos management plan must be submitted with the application for exception. A rigorous regime of internal controls is required to cover the use of the materiel to which the exception would apply. The asbestos management plan shall require regulator approval;

8.5. a concise, risk-based argument addressing why a non-asbestos alternative cannot be sought and how any risks associated with the asbestos item shall be managed; and

8.6. within five years of an exception being approved by the regulator, a review is required to examine existing controls and the viability of new controls and solutions aimed at eliminating asbestos from the plant/equipment that is the subject of the exception.

References and related documents

9. Work Health and Safety Act 2011

10. Work Health and Safety Regulations 2011

11. Safe Work Australia Code of Practice – How to Manage and Control Asbestos in the Workplace

Annex

A. Work Health and Safety Regulations 2011 – Chapter 8 – Asbestos

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Annex A

Work Health and Safety Regulations 2011

Chapter 8 - Asbestos

Part 8.1 - Prohibitions and Authorised Conduct

419 Work involving asbestos or ACM—prohibitions and exceptions

(1) A person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, work involving asbestos.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) In this regulation, work involves asbestos if the work involves manufacturing, supplying, transporting, storing, removing, using, installing, handling, treating, disposing of or disturbing asbestos or ACM.

(3) Subregulation (1) does not apply if the work involving asbestos is any of the following:

(a) genuine research and analysis;

(b) sampling and identification in accordance with these Regulations;

(c) maintenance of, or service work on, non-friable asbestos or ACM, fixed or installed before 31 December 2003, in accordance with these Regulations;

(d) removal or disposal of asbestos or ACM, including demolition, in accordance with these Regulations;

(e) the transport and disposal of asbestos or asbestos waste in accordance with [jurisdictional legislation];

Note

See jurisdictional note in the Appendix.

(f) demonstrations, education or practical training in relation to asbestos or ACM;

(g) display, or preparation or maintenance for display, of an artefact or thing that is, or includes, asbestos or ACM;

(h) management in accordance with these Regulations of in situ asbestos that was installed or fixed before 31 December 2003;

(i) work that disturbs asbestos during mining operations that involve the extraction of, or exploration for, a mineral other than asbestos;

(j) laundering asbestos contaminated clothing in accordance with these Regulations.

(4) Subregulation (1) does not apply if the regulator approves the method adopted for managing risk associated with asbestos.

(5) Subregulation (1) does not apply to the following:

(a) soil that a competent person has determined:

(i) does not contain any visible ACM or friable asbestos; or

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(ii) if friable asbestos is visible—does not contain more than trace levels of asbestos determined in accordance with AS 4964:2004 (Method for the qualitative identification of asbestos in bulk samples);

(b) naturally occurring asbestos managed in accordance with an asbestos management plan prepared under regulation 432.

Part 8.2 - General Duty

420 - Exposure to airborne asbestos at workplace

(1) A person conducting a business or undertaking at a workplace must ensure that:

(a) exposure of a person at the workplace to airborne asbestos is eliminated so far as is reasonably practicable; and

(b) if it not reasonably practicable to eliminate exposure to airborne asbestos—exposure is minimised so far as is reasonably practicable.

Note

WHS Act—section 19 (see regulation 9).

(2) A person conducting a business or undertaking at a workplace must ensure that the exposure standard for asbestos is not exceeded at the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) Subregulations (1)(a) and (2) do not apply in relation to an asbestos removal area:

(a) that is enclosed to prevent the release of respirable asbestos fibres in accordance with regulation 477; and

(b) in which negative pressure is used in accordance with that regulation.

Part 8.3 - Management of Asbestos and Associated Risks

421 - Application of Part 8.3

(1) This Part does not apply to naturally occurring asbestos.

(2) Regulations 425, 426, 427, 428, 429 and 430 do not apply to any part of residential premises that is used only for residential purposes.

422 - Asbestos to be identified or assumed at workplace

(1) A person with management or control of a workplace must ensure, so far as is reasonably practicable, that all asbestos or ACM at the workplace is identified by a competent person.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) A person with management or control of a workplace must:

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(a) if material at the workplace cannot be identified but a competent person reasonably believes that the material is asbestos or ACM—assume that the material is asbestos; and

(b) if part of the workplace is inaccessible to workers and likely to contain asbestos or ACM—assume that asbestos is present in the part of the workplace.

(3) Subregulation (1) does not apply if the person:

(a) assumes that asbestos or ACM is present; or

(b) has reasonable grounds to believe that asbestos or ACM is not present.

(4) If asbestos or ACM is assumed to be present at a workplace, it is taken to be identified at the workplace.

423 - Analysis of sample

(1) A person with management or control of a workplace may identify asbestos or ACM by arranging for a sample of material at the workplace to be analysed for the presence of asbestos or ACM.

(2) If a person with management or control of a workplace arranges for an analysis, the person must ensure that the sample is analysed only by:

(a) a NATA-accredited laboratory accredited for the relevant test method; or

(b) a laboratory approved by the regulator in accordance with guidelines published by Safe Work Australia; or

(c) a laboratory operated by the regulator.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

424 - Presence and location of asbestos to be indicated

A person with management or control of a workplace must ensure that:

(a) the presence and location of asbestos or ACM identified at the workplace under regulation 422 is clearly indicated; and

(b) if it is reasonably practicable to do so, indicate the presence and location of the asbestos or ACM by a label.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

425 - Asbestos register

(1) A person with management or control of a workplace must ensure that a register (an asbestos register) is prepared and kept at the workplace.

Maximum penalty:

In the case of an individual—$3 600.

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In the case of a body corporate—$18 000.

(2) The person must ensure that the asbestos register is maintained to ensure the information in the register is up to date.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(3) The asbestos register must:

(a) record any asbestos or ACM identified at the workplace under regulation 422, or likely to be present at the workplace from time to time including:

(i) the date on which the asbestos or ACM was identified; and

(ii) the location, type and condition of the asbestos or ACM; or

(b) state that no asbestos or ACM is identified at the workplace if the person knows that no asbestos or ACM is identified, or is likely to be present from time to time, at the workplace.

(4) The person is not required to prepare an asbestos register for a workplace if a register has already been prepared for that workplace.

(5) Subject to subregulation (6), this regulation applies to buildings whenever constructed.

(6) This regulation does not apply to a workplace if:

(a) the workplace is a building that was constructed after 31 December 2003; and

(b) no asbestos has been identified at the workplace; and

(c) no asbestos is likely to be present at the workplace from time to time.

426 - Review of asbestos register

A person with management or control of a workplace where an asbestos register is kept must ensure that the register is reviewed and as necessary revised if:

(a) the asbestos management plan is reviewed under regulation 430; or

(b) further asbestos or ACM is identified at the workplace; or

(c) asbestos is removed from, or disturbed, sealed or enclosed at, the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

427 - Access to asbestos register

(1) A person with management or control of a workplace where an asbestos register is kept must ensure that the asbestos register is readily accessible to:

(a) a worker who has carried out, carries out or intends to carry out, work at the workplace; and

(b) a health and safety representative who represents a worker referred to in paragraph (a); and

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(c) a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and

(d) a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(2) If a person conducting a business or undertaking carries out, or intends to carry out, work at a workplace that involves a risk of exposure to airborne asbestos, the person with management or control of the workplace must ensure that the person is given a copy of the asbestos register.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

428 - Transfer of asbestos register by person relinquishing management or control

If a person with management or control of a workplace plans to relinquish management or control of the workplace, the person must ensure, so far as is reasonably practicable, that the asbestos register is given to the person, if any, assuming management or control of the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

429 - Asbestos management plan

(1) This regulation applies if asbestos or ACM is:

(a) identified at a workplace under regulation 422; or

(b) likely to be present at a workplace from time to time.

(2) A person with management or control of the workplace must ensure that a written plan (an asbestos management plan) for the workplace is prepared.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) A person with management or control of the workplace must ensure that the asbestos management plan is maintained to ensure the information in the plan is up to date.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(4) An asbestos management plan must include information about the following:

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(a) the identification of asbestos or ACM;

Example

A reference or link to the asbestos register for the workplace and signage and labelling.

(b) decisions, and reasons for decisions, about the management of asbestos at the workplace;

Example

Safe work procedures and control measures.

(c) procedures for detailing incidents or emergencies involving asbestos or ACM at the workplace;

(d) workers carrying out work involving asbestos.

Example

Consultation, responsibilities, information and training.

(5) A person with management or control of a workplace must ensure that a copy of the asbestos management plan for the workplace is readily accessible to:

(a) a worker who has carried out, carries out or intends to carry out, work at the workplace; and

(b) a health and safety representative who represents a worker referred to in paragraph (a); and

(c) a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and

(d) a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

430 - Review of asbestos management plan

(1) A person with management or control of a workplace that has an asbestos management plan must ensure that the plan is reviewed and as necessary revised in the following circumstances:

(a) there is a review of the asbestos register or a control measure;

(b) asbestos is removed from, or disturbed, sealed or enclosed at, the workplace;

(c) the plan is no longer adequate for managing asbestos or ACM at the workplace;

(d) a health and safety representative requests a review under subregulation (2);

(e) at least once every 5 years.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

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(2) A health and safety representative for workers at a workplace may request a review of an asbestos management plan if the representative reasonably believes that:

(a) a circumstance referred to in subregulation (1)(a), (b) or (c) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and

(b) the person with management and control of the workplace has not adequately reviewed the asbestos management plan in response to the circumstance.

Part 8.4 - Management of Naturally Occurring Asbestos

431 - Naturally occurring asbestos

The person with management or control of a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with naturally occurring asbestos at the workplace.

Note

WHS Act—section 20 (see regulation 9).

432 - Asbestos management plan

(1) This regulation applies if naturally occurring asbestos is:

(a) identified at a workplace; or

(b) likely to be present at a workplace.

(2) A person with management or control of the workplace must ensure that a written plan (an asbestos management plan) for the workplace is prepared in relation to the naturally occurring asbestos.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) A person with management or control of the workplace must ensure that the asbestos management plan is maintained to ensure the information in the plan is up to date.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(4) An asbestos management plan must include information about the following:

(a) the identification of naturally occurring asbestos;

(b) decisions, and reasons for decisions, about the management of naturally occurring asbestos at the workplace;

Example

Safe work procedures and control measures.

(c) procedures for detailing incidents or emergencies involving naturally occurring asbestos at the workplace;

(d) workers carrying out work involving naturally occurring asbestos.

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Example

Consultation, responsibilities, information and training.

(5) A person with management or control of a workplace must ensure that a copy of the asbestos management plan for naturally occurring asbestos at the workplace is readily accessible to:

(a) a worker who has carried out, carries out or intends to carry out, work at the workplace; and

(b) a health and safety representative who represents a worker referred to in paragraph (a); and

(c) a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and

(d) a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

433 - Review of asbestos management plan

A person with management or control of a workplace that has an asbestos management plan for naturally occurring asbestos must ensure that the plan is reviewed and as necessary revised if the plan is no longer adequate for managing naturally occurring asbestos at the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

Example

A control measure is revised under regulation 38.

434 - Training in relation to naturally occurring asbestos

A person conducting a business or undertaking must ensure that the training required under regulation 445 includes training in the hazards and risks associated with naturally occurring asbestos for workers who carry out work where naturally occurring asbestos is likely to be found.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Part 8.5 - Asbestos at the Workplace

Division 1 - Health monitoring

435 - Duty to provide health monitoring

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(1) A person conducting a business or undertaking must ensure that health monitoring is provided, in accordance with regulation 436, to a worker carrying out work for the business or undertaking if the worker is:

(a) carrying out licensed asbestos removal work at a workplace and is at risk of exposure to asbestos when carrying out the work; or

(b) is carrying out other ongoing asbestos removal work or asbestos-related work and is at risk of exposure to asbestos when carrying out the work.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) For the purposes of subregulation (1)(a), the person must ensure that the health monitoring of the worker commences before the worker carries out licensed asbestos removal work.

(3) The person must ensure that the worker is informed of any health monitoring requirements before the worker carries out any work that may expose the worker to asbestos.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

436 - Duty to ensure that appropriate health monitoring is provided

A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in regulation 435 includes:

(a) consideration of:

(i) the worker's demographic, medical and occupational history; and

(ii) records of the worker's personal exposure; and

(b) a physical examination of the worker,

unless another type of health monitoring is recommended by a registered medical practitioner.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

437 - Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience

(1) A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in regulation 435 is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

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(2) The person must consult the worker in relation to the selection of the registered medical practitioner.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

438 - Duty to pay costs of health monitoring

(1) A person conducting a business or undertaking must pay all expenses relating to health monitoring referred to in regulation 435.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(2) If 2 or more persons conducting businesses or undertakings have a duty to provide health monitoring for a worker and have arranged for one of them to commission the health monitoring, the costs of the health monitoring for which any of those persons is liable must be apportioned equally between each of those persons unless they agree otherwise.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

439 - Information that must be provided to registered medical practitioner

A person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring:

(a) the name and address of the person conducting the business or undertaking;

(b) the name and date of birth of the worker;

(c) the work that the worker is, or will be, carrying out that has triggered the requirement for health monitoring;

(d) if the worker has started that work, how long the worker has been carrying out that work.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

440 - Duty to obtain health monitoring report

(1) A person conducting a business or undertaking who commissioned health monitoring referred to in regulation 435 must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker.

Maximum penalty:

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In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) The health monitoring report must include the following:

(a) the name and date of birth of the worker;

(b) the name and registration number of the registered medical practitioner;

(c) the name and address of the person conducting the business or undertaking who commissioned the health monitoring;

(d) the date of health monitoring;

(e) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring;

(f) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring;

(g) whether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring.

441 - Duty to give health monitoring report to worker

A person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to the worker as soon as practicable after the person obtains the report.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

442 - Duty to give health monitoring report to regulator

A person conducting a business or undertaking for which a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to a worker to the regulator as soon as practicable after obtaining the report if the report contains:

(a) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring; or

(b) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work referred to in regulation 435.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

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443 - Duty to give health monitoring report to relevant persons conducting businesses or undertakings

A person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to all other persons conducting businesses or undertakings who have a duty to provide health monitoring for the worker as soon as practicable after obtaining the report.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

444 - Health monitoring records

(1) A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record:

(a) identified as a record in relation to the worker; and

(b) for at least 40 years after the record is made.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(2) The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker's written consent.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(3) Subregulation (2) does not apply if the record is disclosed under regulation 442 or 443 or to a person who must keep the record confidential under a duty of professional confidentiality.

Division 2 - Training

445 - Duty to train workers about asbestos

(1) In addition to the training required by Division 1 of Part 3.2, a person conducting a business or undertaking must ensure that workers engaged by the person, whom the person reasonably believes may be involved in asbestos removal work or in the carrying out of asbestos-related work, are trained in the identification and safe handling of, and suitable control measures for, asbestos and ACM.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) This regulation does not apply in relation to a worker referred to in regulation 460.

(3) The person must ensure that a record is kept of the training undertaken by the worker:

(a) while the worker is carrying out the work; and

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(b) for 5 years after the day the worker ceases working for the person.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(4) The person must keep the record available for inspection under the Act.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

Division 3 - Control on use of certain equipment

446 - Duty to limit use of equipment

(1) A person conducting a business or undertaking must not use, or direct or allow a worker to use, either of the following on asbestos or ACM:

(a) high-pressure water spray;

(b) compressed air.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(2) Subregulation (1)(a) does not apply to the use of a high pressure water spray for fire fighting or fire protection purposes.

(3) A person conducting a business or undertaking must not use, or direct or allow a worker to use, any of the following equipment on asbestos or ACM unless the use of the equipment is controlled:

(a) power tools;

(b) brooms;

(c) any other implements that cause the release of airborne asbestos into the atmosphere.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(4) In subregulation (3), the use of equipment is controlled if:

(a) the equipment is enclosed during its use; or

(b) the equipment is designed to capture or suppress airborne asbestos and is used in accordance with its design; or

(c) the equipment is used in a way that is designed to capture or suppress airborne asbestos safely; or

(d) any combination of paragraphs (a), (b) and (c) applies.

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Part 8.6 - Demolition and Refurbishment

447 - Application—Part 8.6

(1) This Part applies to the demolition or refurbishment of a structure or plant constructed or installed before 31 December 2003.

(2) In this regulation, demolition or refurbishment does not include minor or routine maintenance work, or other minor work.

448 - Review of asbestos register

The person with management or control of a workplace must ensure that, before demolition or refurbishment is carried out at the workplace, the asbestos register for the workplace is:

(a) reviewed; and

(b) if the register is inadequate having regard to the proposed demolition or refurbishment—revised.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

Example

The register identifies an inaccessible area that is likely to contain asbestos and the area is likely to be accessible because of demolition.

449 - Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment

The person with management or control of a workplace must ensure that the person conducting a business or undertaking who carries out the demolition or refurbishment is given a copy of the asbestos register before the demolition or refurbishment is commenced.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

450 - Duty to obtain asbestos register

A person conducting a business or undertaking who carries out demolition or refurbishment at a workplace must obtain a copy of the asbestos register from the person with management or control of the workplace, before the person commences the demolition or refurbishment.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

451 - Determining presence of asbestos or ACM

(1) This regulation applies if:

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(a) demolition or refurbishment is to be carried out at a workplace; and

(b) there is no asbestos register for the structure or plant to be demolished or refurbished at the workplace.

(2) The person conducting a business or undertaking who is to carry out the demolition or refurbishment must not carry out the demolition or refurbishment until the structure or plant has been inspected to determine whether asbestos or ACM is fixed to or installed in the structure or plant.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) The person conducting a business or undertaking who is to carry out the demolition or refurbishment must ensure that the determination is undertaken by a competent person.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(4) The person conducting a business or undertaking who is to carry out the demolition or refurbishment must assume that asbestos or ACM is fixed to or installed in the structure or plant if:

(a) the competent person is, on reasonable grounds, uncertain whether or not asbestos is fixed to or installed in the structure or plant; or

(b) part of the structure or plant is inaccessible and likely to be disturbed.

(5) If asbestos or ACM is determined or assumed to be fixed to or installed in the structure or plant, the person conducting a business or undertaking who is to carry out the demolition or refurbishment must inform:

(a) if the workplace is residential premises:

(i) the occupier of the premises; and

(ii) the owner of the premises; and

(b) in any other case—the person with management or control of the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

452 - Identification and removal of asbestos before demolition

(1) This regulation applies if a structure or plant at a workplace is to be demolished.

(2) This regulation does not apply:

(a) in an emergency to which regulation 454 applies; or

(b) to residential premises.

(3) The person with management or control of the workplace, or of the structure or plant, must ensure:

(a) that all asbestos that is likely to be disturbed by the demolition is identified; and

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(b) so far as is reasonably practicable, that the asbestos is removed before the demolition is commenced.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(4) Subregulation (3)(b) does not apply if the purpose of the demolition is to gain access to the asbestos.

453 - Identification and removal of asbestos before demolition of residential premises

(1) A person conducting a business or undertaking that is to carry out the demolition of residential premises must ensure:

(a) that all asbestos that is likely to be disturbed by the demolition is identified; and

(b) so far as is reasonably practicable, that the asbestos is removed before the demolition is commenced.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) This regulation does not apply in an emergency to which regulation 455 applies.

(3) Subregulation (1)(b) does not apply if the purpose of the demolition is to gain access to the asbestos.

454 - Emergency procedure

(1) This regulation applies if:

(a) an emergency occurs at a workplace other than residential premises; and

(b) a structure or plant at the workplace must be demolished; and

(c) asbestos is fixed to or installed in the structure or plant before the emergency occurs.

(2) The person with management or control of the workplace must ensure, so far as is reasonably practicable, that:

(a) before the demolition is commenced, a procedure is developed that will, so far as is reasonably practicable, reduce the risk of exposure of workers and persons in the vicinity of the demolition site to asbestos to below the exposure standard; and

(b) the asbestos register for the workplace is considered in the development of the procedure.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(3) The person must ensure that the regulator is given written notice about the emergency:

(a) immediately after the person becomes aware of the emergency; and

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(b) before the demolition is commenced.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(4) For the purposes of this regulation, an emergency occurs if:

(a) a structure or plant is structurally unsound; or

(b) collapse of the structure or plant is imminent.

455 - Emergency procedure—residential premises

(1) This regulation applies if:

(a) an emergency occurs at residential premises; and

(b) a structure or plant at the premises must be demolished; and

(c) asbestos is fixed to or installed in the structure or plant before the emergency occurs.

(2) A person conducting a business or undertaking who is to carry out the demolition of the residential premises must ensure so far as is reasonably practicable, that, before the demolition is commenced, a procedure is developed that will, so far as is reasonably practicable, reduce the risk of exposure of workers and persons in the vicinity of the demolition site to asbestos to below the exposure standard.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(3) The person must ensure that the regulator is given written notice about the emergency:

(a) immediately after the person becomes aware of the emergency; and

(b) before the demolition is commenced.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(4) For the purposes of this regulation, an emergency occurs if:

(a) a structure or plant is structurally unsound; or

(b) collapse of the structure or plant is imminent.

456 - Identification and removal of asbestos before refurbishment

(1) This regulation applies if a structure or plant at a workplace is to be refurbished.

(2) This regulation does not apply to residential premises.

(3) The person with management or control of the workplace, or of the structure or plant, must ensure:

(a) that all asbestos that is likely to be disturbed by the refurbishment is identified; and

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(b) so far as is reasonably practicable, that the asbestos is removed before the refurbishment is commenced.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

457 - Refurbishment of residential premises

A person conducting a business or undertaking who is to carry out refurbishment of residential premises must ensure:

(a) that all asbestos that is likely to be disturbed by the refurbishment is identified; and

(b) so far as is reasonably practicable, that the asbestos is removed before the refurbishment is commenced.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Part 8.7 - Asbestos Removal Work

Note

In this Part some duties are placed on licensed asbestos removalists and some on asbestos removalists generally.

458 - Duty to ensure asbestos removalist is licensed

(1) A person conducting a business or undertaking that commissions the removal of asbestos must ensure that the asbestos removal work is carried out by a licensed asbestos removalist who is licensed to carry out the work.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) Subregulation (1) does not apply if the asbestos to be removed is:

(a) 10 square metres or less of non-friable asbestos or ACD associated with the removal of that amount of non-friable asbestos; or

(b) ACD that is not associated with the removal of friable or non-friable asbestos and is only a minor contamination.

(3) If subregulation (2) applies, the person conducting the business or undertaking that commissions the asbestos removal work must ensure that the work is carried out by a competent person who has been trained in accordance with regulation 445.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

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459 - Asbestos removal supervisor must be present or readily available

A licensed asbestos removalist must ensure that the nominated asbestos removal supervisor for asbestos removal work is:

(a) if the asbestos removal work requires a Class A asbestos removal licence—present at the asbestos removal area whenever the asbestos removal work is being carried out; and

(b) if the asbestos removal work requires a Class B asbestos removal licence—readily available to a worker carrying out asbestos removal work whenever the work is being carried out.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

460 - Asbestos removal worker must be trained

(1) A licensed asbestos removalist must not direct or allow a worker to carry out licensed asbestos removal work unless the removalist is satisfied that the worker holds a certification in relation to the specified VET course for asbestos removal relevant to the class of licensed asbestos removal work to be carried out by the worker.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) A licensed asbestos removalist must provide appropriate training to a worker carrying out licensed asbestos removal work at a workplace to ensure that the work is carried out in accordance with the asbestos removal control plan for the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) In this regulation, appropriate training means training designed specifically for the workplace where the licensed asbestos removal work is carried out and the work to be carried out at the workplace.

Note

Unless this regulation applies, the obligation to provide training to workers carrying out unlicensed asbestos removal work is set out in regulation 445.

461 - Licensed asbestos removalist must keep training records

(1) A licensed asbestos removalist must keep a record of the training undertaken by a worker carrying out licensed asbestos removal work:

(a) while the worker is carrying out licensed asbestos removal work; and

(b) for 5 years after the day the worker stopped carrying out licensed asbestos removal work for the removalist.

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Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(2) The licensed asbestos removalist must ensure that the training record is readily accessible at the asbestos removal area and available for inspection under the Act.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

462 - Duty to give information about health risks of licensed asbestos removal work

A licensed asbestos removalist must give the following information to a person likely to be engaged to carry out licensed asbestos removal work before the person is engaged to carry out the work:

(a) the health risks and health effects associated with exposure to asbestos;

(b) the need for, and details of, health monitoring of a worker carrying out licensed asbestos removal work.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

463 - Asbestos removalist must obtain register

(1) A licensed asbestos removalist must obtain a copy of the asbestos register for a workplace before the removalist carries out asbestos removal work at the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) Subregulation (1) does not apply if the asbestos removal work is to be carried out at residential premises.

464 - Asbestos removal control plan

(1) A licensed asbestos removalist must prepare an asbestos removal control plan for any licensed asbestos removal work the removalist is commissioned to undertake.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) An asbestos removal control plan must include:

(a) details of how the asbestos removal will be carried out, including the method to be used and the tools, equipment and personal protective equipment to be used; and

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(b) details of the asbestos to be removed, including the location, type and condition of the asbestos.

(3) The licensed asbestos removalist must give a copy of the asbestos removal control plan to the person who commissioned the licensed asbestos removal work.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

465 - Asbestos removal control plan to be kept and available

(1) Subject to subregulation (2), a licensed asbestos removalist must ensure that a copy of the asbestos removal control plan prepared under regulation 464 is kept until the asbestos removal work to which it relates is completed.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(2) If a notifiable incident occurs in connection with the asbestos removal work to which the asbestos removal control plan relates, the licensed asbestos removalist must keep the asbestos removal control plan for at least 2 years after the incident occurs.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(3) The licensed asbestos removalist must ensure that, for the period for which the asbestos removal control plan must be kept under this regulation, a copy is:

(a) readily accessible to:

(i) a person conducting a business or undertaking at the workplace; and

(ii) the person's workers at the workplace, or a health and safety representative who represents the workers; and

(iii) if the asbestos removal work is to be carried out in residential premises—the occupants of the premises; and

(b) available for inspection under the Act.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

466 - Regulator must be notified of asbestos removal

(1) A licensed asbestos removalist must give written notice to the regulator at least 5 days before the removalist commences licensed asbestos removal work.

Maximum penalty:

In the case of an individual—$3 600.

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In the case of a body corporate—$18 000.

(2) Despite subregulation (1), licensed asbestos removal work may be commenced immediately if there is:

(a) a sudden and unexpected event, including a failure of equipment, that may cause persons to be exposed to respirable asbestos fibres; or

(b) an unexpected breakdown of an essential service that requires immediate rectification to enable the service to continue.

(3) If the asbestos must be removed immediately, the licensed asbestos removalist must give notice to the regulator:

(a) immediately by telephone; and

(b) in writing within 24 hours after notice is given under paragraph (a).

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(4) A notice under subregulation (1) or (3) must include the following:

(a) the following in relation to the licensed asbestos removalist:

(i) name;

(ii) registered business name;

(iii) Australian Business Number;

(iv) licence number;

(v) business contact details;

(b) the name and business contact details of the supervisor of the licensed asbestos removal work;

(c) the name of the competent person or licensed asbestos assessor engaged to carry out a clearance inspection and issue a clearance certificate for the work;

(d) the name and contact details of the person for whom the work is to be carried out;

(e) the following in relation to the workplace where the asbestos is to be removed:

(i) the name, including the registered business or company name, of the person with management or control of the workplace;

(ii) the address and, if the workplace is large, the specific location of the asbestos removal;

(iii) the kind of workplace;

(f) the date of the notice;

(g) the date when the asbestos removal work is to commence and the estimated duration of the work;

(h) whether the asbestos to be removed is friable or non-friable;

(i) if the asbestos to be removed is friable—the way the area of removal will be enclosed;

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(j) the estimated quantity of asbestos to be removed;

(k) the number of workers who are to carry out the asbestos removal work;

(l) for each worker who is to carry out asbestos removal work—details of the worker's competency to carry out asbestos removal work.

467 - Licensed asbestos removalist must inform certain persons about intended asbestos removal work

(1) This regulation applies if a licensed asbestos removalist is to carry out licensed asbestos removal work at a workplace.

(2) The licensed asbestos removalist must, before commencing the licensed asbestos removal work, inform the person with management or control of the workplace:

(a) that licensed asbestos removal work is to be carried out at the workplace; and

(b) when the work is to commence.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) If the workplace is residential premises, the licensed asbestos removalist must, so far as is reasonably practicable, before commencing the licensed asbestos removal work, inform the following persons that asbestos removal work is to be carried out at the workplace, and when the work is to commence:

(a) the person who commissioned the asbestos removal work;

(b) a person conducting a business or undertaking at the workplace;

(c) the occupier of the residential premises;

(d) the owner of the residential premises;

(e) anyone occupying premises in the immediate vicinity of the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

468 - Person with management or control of workplace must inform persons about asbestos removal work

(1) This regulation applies if the person with management or control of a workplace is informed that asbestos removal work is to be carried out at the workplace.

(2) The person must ensure that the following persons are informed that asbestos removal work is to be carried out at the workplace and when the work is to commence, before the work commences:

(a) the person's workers and any other persons at the workplace;

(b) the person who commissioned the asbestos removal work.

Maximum penalty:

In the case of an individual—$6 000.

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In the case of a body corporate—$30 000.

(3) The person must take all reasonable steps to ensure that the following persons are informed that asbestos removal work is to be carried out at the workplace and when the work is to commence, before the work commences:

(a) anyone conducting a business or undertaking at, or in the immediate vicinity of, the workplace;

(b) anyone occupying premises in the immediate vicinity of the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

469 - Signage and barricades for asbestos removal work

An asbestos removalist must ensure that:

(a) signs alerting persons to the presence of asbestos are placed to indicate where the asbestos removal work is being carried out; and

(b) barricades are erected to delineate the asbestos removal area.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

470 - Limiting access to asbestos removal area

(1) This regulation applies to:

(a) a person conducting a business or undertaking at a workplace who commissions a person to carry out licensed asbestos removal work at the workplace; and

(b) a person with management or control of a workplace who is aware that licensed asbestos removal work is being carried out at the workplace.

(2) Subject to subregulation (4), the person must ensure, so far as is reasonably practicable, that no-one other than the following has access to an asbestos removal area:

(a) workers engaged in the asbestos removal work;

(b) other persons associated with the asbestos removal work;

(c) anyone allowed under these Regulations or another law to be in the asbestos removal area.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) The person may refuse to allow access to an asbestos removal area at the workplace to anyone who does not comply with:

(a) a control measure implemented for the workplace in relation to asbestos; or

(b) a direction of the licensed asbestos removalist.

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(4) A person referred to in subregulation (2)(a), (b) or (c) has access to an asbestos removal area subject to any direction of the licensed asbestos removalist.

(5) If a person referred to in subregulation (2)(a), (b) or (c) has access to an asbestos removal area, the person must comply with any direction of the licensed asbestos removalist.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

471 - Decontamination facilities

(1) An asbestos removalist must ensure that facilities are available to decontaminate the following:

(a) the asbestos removal area;

(b) any plant used in the asbestos removal area;

(c) workers carrying out asbestos removal work;

(d) other persons who have access to the asbestos removal area under regulation 470(2)(b).

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) An asbestos removalist must ensure that nothing that is likely to be contaminated with asbestos is removed from the asbestos removal area unless the thing:

(a) is decontaminated before being removed; or

(b) is sealed in a container, and the exterior of the container is, before being removed:

(i) decontaminated; and

(ii) labelled in accordance with the GHS to indicate the presence of asbestos.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

472 - Disposing of asbestos waste and contaminated personal protective equipment

(1) Subject to subregulations (2) and (3), an asbestos removalist must ensure that asbestos waste:

(a) is contained and labelled in accordance with the GHS before the waste is removed from an asbestos removal area; and

(b) is disposed of as soon as practicable at a site authorised to accept asbestos waste.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

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(2) An asbestos removalist must ensure that personal protective equipment used in asbestos removal work and contaminated with asbestos:

(a) is sealed in a container before being removed from an asbestos waste area; and

(b) so far as is reasonably practicable, is disposed of on the completion of the asbestos removal work at a site authorised to accept asbestos waste; and

(c) if it is not reasonably practicable to dispose of the personal protective equipment that is clothing:

(i) is laundered at a laundry equipped to launder asbestos-contaminated clothing; or

(ii) if it is not practicable to launder the clothing—is kept in the sealed container until it is re-used for asbestos removal purposes; and

(d) if it is not reasonably practicable to dispose of the personal protective equipment that is not clothing:

(i) is decontaminated before it is removed from the asbestos removal area; or

(ii) if it is not practicable to decontaminate the equipment in the asbestos removal area—is kept in the sealed container until it is re-used for asbestos removal purposes.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Example

Work boots.

(3) An asbestos removalist must ensure that a sealed container referred to in subregulation (2) is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed from the asbestos removal area.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Note

See the jurisdictional notes in the Appendix.

473 - Clearance inspection

(1) This regulation applies if a person commissions licensed asbestos removal work at a workplace.

(2) The person or, if the workplace is residential premises, the licensed asbestos removalist must ensure that, when the licensed asbestos removal work is completed, a clearance inspection of the asbestos removal area at the workplace is carried out by:

(a) if the asbestos removal work must be carried out by the holder of a Class A asbestos removal licence—an independent licensed asbestos assessor; or

(b) in any other case—an independent competent person.

Maximum penalty:

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In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) In this regulation, a clearance inspection is an inspection of an asbestos removal area after asbestos removal work has been completed to verify that the area is safe for normal use, that:

(a) includes a visual inspection; and

(b) may include air monitoring.

Note

If it is not reasonably practicable for the licensed asbestos assessor or competent person to be independent, the person or licensed asbestos removalist may apply to the regulator for an exemption under Part 11.2 from the requirement that the assessor or competent person be independent.

474 - Clearance certificates

(1) This regulation applies if a clearance inspection has been made in accordance with regulation

473 - Clearance Inspection

(2) The licensed asbestos assessor or competent person who carried out the clearance inspection must issue a clearance certificate, in accordance with this regulation, before the asbestos removal area at the workplace is re-occupied.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) The licensed asbestos assessor or competent person must ensure that the asbestos removal area does not pose a risk to health and safety from exposure to asbestos.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(4) The licensed asbestos assessor or competent person must not issue a clearance certificate unless satisfied that:

(a) the asbestos removal area, and the area immediately surrounding it, are free from visible sbestos contamination; and

(b) if the assessor or competent person undertook air monitoring as part of the clearance inspection—the monitoring shows asbestos below 0·01 fibres/ml.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(5) The clearance certificate must be in writing and must state that:

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(a) the assessor or competent person found no visible asbestos residue from asbestos removal work in the area, or in the vicinity of the area, where the work was carried out; and

(b) if air monitoring was carried out by the assessor or competent person as part of the clearance inspection—the airborne asbestos fibre level was less than 0·01 asbestos fibres/mL.

Part 8.8 - Asbestos Removal Requiring Class A Asbestos Removal Licence

475 - Air monitoring—asbestos removal requiring Class A asbestos removal licence

(1) A person conducting a business or undertaking who commissions asbestos removal work requiring a Class A asbestos removal licence at a workplace must ensure that an independent licensed asbestos assessor undertakes air monitoring of the asbestos removal area at the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) If the workplace is residential premises, the licensed removalist carrying out asbestos removal work requiring a Class A asbestos removal licence at the premises must ensure that an independent licensed asbestos assessor undertakes air monitoring of the asbestos removal area at the premises.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) The air monitoring must be carried out:

(a) immediately before the licensed asbestos removal work commences, unless glove bags are to be used for the removal; and

(b) while the licensed asbestos removal work is carried out.

(4) The person who commissions the licensed asbestos removal work must ensure that the results of the air monitoring are given to the following:

(a) workers at the workplace;

(b) health and safety representatives for workers at the workplace;

(c) a person conducting a business or undertaking at the workplace;

(d) other persons at the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(5) If the workplace is residential premises, the licensed asbestos removalist carrying out the licensed asbestos removal work at the premises must ensure that the results of the air monitoring are given to the following:

(a) the person who commissioned the asbestos removal work;

(b) workers at the workplace;

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(c) health and safety representatives for workers at the workplace;

(d) a person conducting a business or undertaking at the workplace;

(e) the occupier of the residential premises;

(f) the owner of the residential premises;

(g) other persons at the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(6) An independent licensed asbestos assessor, who undertakes air monitoring for the purposes of this regulation, must use the membrane filter method for the air monitoring.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

476 - Action if respirable asbestos fibre level too high

(1) The licensed removalist carrying out asbestos removal work requiring a Class A asbestos removal licence at a workplace must:

(a) if respirable asbestos fibre levels are recorded at the asbestos removal area at 0·01 fibres/ml or more, but not more than 0·02 fibres/ml—immediately:

(i) investigate the cause of the respirable asbestos fibre level; and

(ii) implement controls to prevent exposure of anyone to asbestos; and

(iii) prevent the further release of respirable asbestos fibres; and

(b) if respirable asbestos fibre levels are recorded at the asbestos removal area at more than 0·02 fibres/ml—immediately:

(i) order the asbestos removal work to stop; and

(ii) notify the regulator; and

(iii) investigate the cause of the respirable asbestos fibre level; and

(iv) implement controls to prevent exposure of anyone to asbestos; and

(v) prevent the further release of respirable asbestos fibre.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) If the licensed removalist stops asbestos removal work requiring a Class A asbestos removal licence because the recorded respirable asbestos fibre level exceeds 0·02 fibres/ml, the removalist must ensure that the asbestos removal work does not resume until air monitoring shows that the recorded respirable asbestos fibre level is below 0·01 fibres/ml.

Maximum penalty:

In the case of an individual—$6 000.

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In the case of a body corporate—$30 000.

477 - Removing friable asbestos

(1) A licensed asbestos removalist removing friable asbestos must ensure, so far as is reasonably practicable, the following:

(a) the asbestos removal area is enclosed to prevent the release of respirable asbestos fibres;

(b) subject to subregulation (3), negative pressure is used;

(c) the wet method of asbestos removal is used;

(d) subject to subregulation (3), the asbestos removal work does not commence until the air monitoring is commenced by a licensed asbestos assessor;

(e) air monitoring is undertaken during the asbestos removal work, at times decided by the independent licensed asbestos assessor undertaking the monitoring;

(f) any glove bag used to enclose the asbestos removal area is dismantled and disposed of safely.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) A licensed asbestos removalist must ensure that any enclosure used in removing friable asbestos is tested for leaks.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) Subregulations (1)(b) and (1)(d) do not apply if glove bags are used in the Class A asbestos removal work.

(4) The licensed removalist must not dismantle an enclosure for a friable asbestos removal area until the removalist receives results of air monitoring, showing that the recorded respirable asbestos fibre level within the enclosure is below 0·01 fibres/ml, from:

(a) if the friable asbestos is removed from residential premises—the licensed asbestos assessor who undertook the air monitoring; or

(b) in any other case—the person who commissioned the Class A asbestos removal work.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(5) The licensed removalist must ensure that an enclosure for a friable asbestos removal area is dismantled in a way that, so far as is reasonably practicable, eliminates the release of respirable asbestos fibre.

Maximum penalty:

In the case of an individual—$6 000.

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In the case of a body corporate—$30 000.

(6) The person who commissioned the removal of the friable asbestos must obtain a clearance certificate from a licensed asbestos assessor after the enclosure for the friable asbestos removal area has been dismantled.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Part 8.9 - Asbestos-related Work

478 - Application of Part 8.9

This Part applies in relation to asbestos-related work.

479 - Uncertainty as to presence of asbestos

(1) If there is uncertainty (based on reasonable grounds) as to whether work to be carried out for a business or undertaking is asbestos-related work, the person conducting the business or undertaking must ensure that analysis of a sample is undertaken to determine if asbestos or ACM is present.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) For the purposes of subregulation (1), the person must ensure that the sample is analysed only by:

(a) a NATA-accredited laboratory accredited for the relevant test method; or

(b) a laboratory approved by the regulator in accordance with guidelines published by Safe Work Australia; or

(c) a laboratory operated by the regulator.

(3) Subregulation (1) does not apply if the person assumes that asbestos is present.

480 - Duty to give information about health risks of asbestos-related work

A person conducting a business or undertaking must give the following information to a person likely to be engaged to carry out asbestos-related work for the business or undertaking before the person is engaged to carry out the work:

(a) the health risks and health effects associated with exposure to asbestos;

(b) the need for, and details of, health monitoring of a worker carrying out asbestos-related work.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Asbestos Management Policy Guidance – Asbestos Exception

Date of release: July 2017 Current as at: July 2017 34

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481 - Asbestos-related work to be in separate area

A person conducting a business or undertaking that involves the carrying out of asbestos-related work must ensure that:

(a) the asbestos-related work area is separated from other work areas at the workplace; and

(b) signs alerting persons to the presence of asbestos are placed to indicate where the asbestos-related work is being carried out; and

(c) barricades are erected to delineate the asbestos-related work area.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

482 - Air monitoring

(1) A person conducting a business or undertaking at a workplace must ensure that a competent person carries out air monitoring of the work area where asbestos-related work is being carried out if there is uncertainty as to whether the exposure standard is likely to be exceeded.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) If the competent person determines that the exposure standard has been exceeded at any time in a work area, the person conducting the business or undertaking must, so far as is reasonably practicable:

(a) determine the workers and other persons who were in the work area during that time: and

(b) warn those workers about possible exposure to respirable asbestos fibres; and

(c) so far as is reasonably practicable, warn the other persons about possible exposure to respirable asbestos fibres.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) The person conducting the business or undertaking must ensure that information about exposure to respirable asbestos fibres, including the determination made by the competent person and the results of the air monitoring, is readily accessible to the workers and other persons referred to in subregulation (2).

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

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Date of release: July 2017 Current as at: July 2017 35

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483 - Decontamination facilities

(1) A person conducting a business or undertaking for which asbestos-related work is carried out must ensure that facilities are available to decontaminate the following:

(a) the asbestos-related work area;

(b) any plant used in the asbestos-related work area;

(c) workers carrying out the asbestos-related work.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) The person must ensure that nothing that is likely to be contaminated with asbestos is removed from the asbestos-related work area unless the thing:

(a) is decontaminated before being removed; or

(b) is sealed in a container, and the exterior of the container is:

(i) decontaminated; and

(ii) labelled in accordance with the GHS to indicate the presence of asbestos,

before being removed.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

484 - Disposing of asbestos waste and contaminated personal protective equipment

(1) Subject to subregulation (2), a person conducting a business or undertaking for which asbestos-related work is carried out must ensure that asbestos waste:

(a) is contained and labelled in accordance with the GHS before the waste is removed from an asbestos-related work area; and

(b) is disposed of as soon as practicable at a site authorised to accept asbestos waste.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) The person must ensure that personal protective equipment used in asbestos-related work and contaminated with asbestos:

(a) is sealed in a container, and that the exterior of the container is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed; and

(b) so far as is reasonably practicable, is disposed of on the completion of the asbestos-related work at a site authorised to accept asbestos waste; and

(c) if it is not reasonably practicable to dispose of the personal protective equipment that is clothing:

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(i) is laundered at a laundry equipped to launder asbestos-contaminated clothing; or

(ii) if it is not practicable to launder the clothing, is kept in the sealed container until it is re-used for the purposes of asbestos-related work; and

(d) if it is not reasonably practicable to dispose of the personal protective equipment that is not clothing:

(i) is decontaminated before it is removed from the asbestos removal area; or

(ii) if it is not practicable to decontaminate the equipment in the asbestos removal area, is kept in the sealed container until it is re-used for the purposes of asbestos-related work.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Example

Work boots.

(3) The person must ensure that a sealed container referred to in subregulation (2) is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed from the asbestos-related work area.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Note

See the jurisdictional notes in the Appendix.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

ASBESTOS MANAGEMENT POLICY GUIDANCE - ROLES AND RESPONSIBILITIES

1. All Defence leaders are responsible for promoting a strong safety culture so individuals will understand and recognise the requirement to manage the risks and hazards associated with asbestos and asbestos-containing materials.

2. The following table describes additional responsibilities for Defence individuals.

Group Heads and Service Chiefs

In reporting to the Secretary of Defence and to the Chief of Defence Force, Group Heads and Service Chiefs are accountable for:

ensuring their asbestos management policies and guidance material are consistent with this policy;

investigating and reporting asbestos incidents as part of annual work health and safety assurance;

establishing and implementing asbestos management plans specific to their workplaces;

ensuring their operating procedures for the control of asbestos hazards are consistent with this policy and relevant legislation;

implementing agreements with responsible support organisations, Capability Acquisition and Sustainment Group for materiel and Estate and Infrastructure Group for facilities and land, with respect to asbestos management;

maintaining asbestos management meeting/decision records;

working with the Capability Acquisition and Sustainment Group and the Estate and Infrastructure Group, and implementing processes to assure materiel acquired is asbestos-free;

providing key messages and direction on asbestos hazards, plans to mitigate risks and what individuals who might be exposed to asbestos should do; and

allocating sufficient resources to asbestos management programs in line with the degree of assessed risk.

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Joint Operations Command

Joint Operations Command is responsible for delivering a readiness plan(s) to deal with asbestos hazards on operations, exercise and Defence Assistance to Civil Communities into wider military emergency planning.

Estate and Infrastructure Group

Estate and Infrastructure Group has responsibility for:

developing, implementing and maintaining asbestos policy for items of fixed plant, Defence-owned infrastructure and asbestos in soils;

administering, identifying, labelling and enclosing, encapsulating or removing asbestos from Defence buildings and land;

maintaining asbestos registers clearly identifying the location and condition of existing asbestos and asbestos-containing materials on establishments;

inspecting all Defence structures to locate asbestos;

providing asbestos management and advice to Groups and Services about asbestos exposure risk, control, management and removal, relating to asbestos in Defence buildings, infrastructure and soil;

ensuring that contractors providing advice or undertaking work in relation to asbestos are qualified, licensed and experienced in accordance with state and Commonwealth requirements, and that they do not introduce new asbestos products or asbestos-containing materials to infrastructure; and

controlling and managing the asbestos exposure risks associated with the infrastructure and the Defence estate.

Capability Acquisition and Sustainment Group

Capability Acquisition and Sustainment Group has responsibility to:

develop, implement and maintain asbestos management policy for platforms, ships and non-fixed equipment;

administer, identify, label and enclose, encapsulate or remove asbestos from Defence equipment;

maintain asbestos registers clearly identifying the location and condition of existing asbestos materials in equipment (in-situ);

ensure no new asbestos products or asbestos-containing materials are procured or introduced into service;

strengthen contractual terms with overseas suppliers of Defence materiel to gain a positive assurance that their materiel does not contain asbestos;

implement a quality assurance system to ensure-before it is used or supplied to Defence workplaces-that plant and other materials imported from countries where asbestos has not been banned is free of asbestos;

provide leadership in relation to the prohibition on the importation and use of asbestos by:

- eliminating or substituting materiel items/parts identified as containing asbestos;

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- seeking exemptions through Comcare for mission-critical items containing asbestos where an asbestos-free alternative is not available; and

- implementing treatment measures for mission-critical items containing asbestos where available.

maintain policy relating to the differences in international governments’ definitions of asbestos-containing materials and guidance for personnel involved with foreign military sales; and

where asbestos or asbestos-containing materials has been identified, conduct physical audits of Defence inventory holdings to ensure recontamination has not occurred.

Prime contractors

Prime contractors have shared duty responsibilities in the Defence undertaking and are responsible for:

ensuring their workers and subcontractors are appropriately trained, qualified/licensed and aware of their responsibilities in relation to Defence asbestos management policy and the Work Health and Safety Regulations 2011;

satisfying the requirements of the Work Health and Safety Act 2011 and Work Health and Safety Regulations 2011 by identifying, assessing and controlling the risks associated with asbestos and asbestos-containing materials in their area of responsibility;

complying with the Work Health and Safety Act 2011 and Work Health and Safety Regulations 2011, relevant state/territory legislation and regulations addressing disposal, storage, waste management and transport requirements;

complying with Defence policy and procedures and any other procedures stipulated or specified in contract documents;

managing their inventory to ensure that asbestos and asbestos-containing materials are not introduced into new products, installations, platforms, inventory or materiel;

ensuring they and their sub-contractors comply with all relevant Defence safety policies, procedures and directives as specified in the contract;

ensuring that subcontractors’ safety management systems are in place and align with Defence policy and procedures; and

recording and documenting any perceived exposure to asbestos.

Work Health and Safety Branch

Work Health and Safety Branch is Defence’s work health and safety centre of expertise for asbestos. The Branch has responsibility to:

maintain, review and update policy in response to legislative requirements, Defence capability and resourcing levels;

provide advice to stakeholders and clients in response to inquiries about asbestos illness and injury, exposure control, management, maintenance and removal;

Asbestos Management Policy Guidance - Roles and Responsibilities

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provide information and advice throughout Defence on asbestos management/policy issues;

coordinate and manage the operation of the Defence Asbestos and Hazardous Chemicals Exposure Scheme;

liaise with Comcare and Defence stakeholders on asbestos management policy and investigation issues in accordance with SafetyMan - Comcare Interactions Policy;

liaise with the Groups and Services and Comcare with regard to asbestos exceptions;

maintain records of reported asbestos exposures;

monitor Comcare investigation findings and Audit and Fraud Control Division findings and recommended corrective actions to ensure completion; and

monitor reports of incidents, including possible individual exposures and major breakdowns in asbestos handling procedures to assure reports are managed effectively.

References and related documents

3. Work Health and Safety Act 2011

4. Work Health and Safety Regulations 2011

5. Defence Asbestos and Hazardous Chemicals Exposure Scheme

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017

UNCONTROLLED IF PRINTED

ASBESTOS MANAGEMENT PROCEDURE 01 - HAZARD AND RISK IDENTIFICATION FOR ASBESTOS

1. This procedure provides work health and safety information relating to the SafetyMan - Asbestos Management Policy and Guidance.

Introduction

2. Asbestos has physical and chemical properties (heat insulation, fire resistance and high friction capabilities) which resulted in its widespread use, including in the workplace (eg buildings, building products, platforms, machinery, plant and equipment). However, asbestos is extremely hazardous. Therefore, the Work Health and Safety Regulations 2011 require the identification of asbestos in the workplace, including naturally occurring asbestos, so the risk of exposure can be eliminated or minimised, so far as is reasonably practicable. To facilitate the identification process, this procedure supplements the requirements of SafetyMan – Asbestos Management Procedure 02 -Risk Management of Asbestos in Workplaces.

Identification of asbestos

3. A person managing or controlling a workplace must ensure asbestos or asbestos-containing material at the workplace is identified by a competent person. Identifying asbestos or asbestos-containing materials is the first step in managing the risk of exposure to asbestos.

4. As there may be more than one person in the workplace responsible for identifying asbestos, it is important that all duty holders consult, cooperate and coordinate with each other as well as consulting with workers and health and safety representatives:

4.1. the person with control of the workplace must manage the identification of asbestos with the person who has day-to-day management of the workplace to ensure it has been done accurately; and

4.2. all suspected finds of asbestos in the Defence estate should be reported to the immediate supervisor of the identifier, the supervisor of the activity, the person managing or controlling the workplace and the Defence Estate and Infrastructure Group relevant Base Support Manager as soon as practicable.

5. If the person managing or controlling the workplace has reasonable grounds to believe that asbestos is present, and that there is no risk or hazard identified, then there is a need to consult a competent person to identify the substances assumed or thought to be asbestos.

Procedure 01 - Hazard and Risk Identification for Asbestos

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6. Factors that must be considered and formally recorded for future reference, should a decision be made not to consult with a competent person include:

6.1. The age of the building/platform/equipment:

6.1.1. asbestos was widely used in platforms/plant as an insulator until the late 1980s when bans on its manufacture and use were put in place. However, the use of asbestos was not prohibited until 31 December 2003; and

6.1.2. as the bans were not absolute prior to 2003 and asbestos-containing inventory/spare parts may have been stockpiled or recycled and used, it is possible that asbestos may be present in platforms that were constructed up to and potentially later than 31 December 2003.

6.2. Refurbishments or additions to the building/platform prior to 31 December 2003:

6.2.1. any refurbishment or refit to the original platform prior to 1990 and potentially up to 31 December 2003 may have involved the use of asbestos-containing parts; and

6.2.2. while the original parts may not have contained asbestos, subsequent additions may contain asbestos.

6.3. Information from designers and design plans and manufacturers or suppliers of plant:

6.3.1. asbestos may be present in specific parts of plant/equipment in a workplace if it was used in gasket and friction brake products;

6.3.2. despite a large reduction in its use, chrysotile asbestos was still being used in some specific applications until recent years, including rotary vane vacuum pumps and in gaskets for certain types of equipment; and

6.3.3. for plant designed, built and installed prior to 1 January 2004, the supplier, manufacturer or designer of the plant should be consulted to find out if asbestos is present. Ideally, this advice would be obtained in writing. For plant that was designed, built and installed after 1 January 2004, the design plans should be reviewed and advice sought from an experienced engineer or plant designer.

6.4. Information from workers who have worked in the workplace for a long time:

6.4.1. experienced workers may be aware of the history of the building, including its age, construction, renovation or repairs, and may know where asbestos is located in the workplace.

Visual inspection for asbestos

7. The workplace should be visually inspected to identify asbestos and asbestos-containing materials and to identify inaccessible areas where there might be asbestos (and which must be assumed to contain asbestos).

7.1. The inspection must be comprehensive—including all buildings, structures, ceiling spaces, cellars, shafts, storage areas and wall cavities.

7.2. Material must be assumed to contain asbestos if it cannot be identified or there is uncertainty whether it contains asbestos or if the material is inaccessible.

7.3. The design plans for a building, structure, ship or plant/equipment may assist in identifying inaccessible areas, as would discussion with builders, architects, manufacturers of plant and maintenance workers.

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7.4. Knowledge of materials used in the construction of the building or experience and findings from inspections of similar sections of the building (or similar buildings) may also assist.

7.5. All asbestos finds (and assumed asbestos) must be included in an asbestos register. Taking notes and photographs during the inspection can assist in producing the asbestos register.

8. In addition to the initial visual inspection of the workplace, the person managing or controlling a workplace should regularly (eg annually) inspect the workplace to identify changes to the condition of asbestos and the associated risk, and to identify previously unidentified asbestos.

Arranging a sample to identify asbestos

9. Only a competent person can take a sample of material to be analysed for the presence of asbestos. Samples must only be analysed by a laboratory accredited by the National Association of Testing Authorities.

10. A directory of National Association of Testing Authorities accredited laboratories is at http://www.nata.com.au. Search for Facilities and Labs/Chemical Testing/Asbestos, or call 1800 621 666.

11. Once the analysis results are known, the person managing/controlling the workplace (refer to para 5) must update the asbestos register and asbestos management plan. Refer to SafetyMan – Asbestos Management Procedure 06 - Asbestos Record Keeping, Labelling and Signage.

12. If suspected asbestos is stable and non-friable then it should not be disturbed. Only material that is loose/friable or will be disturbed should be sampled.

13. As soon as asbestos is identified in the workplace, or there is an assumption that there is asbestos in the workplace, an asbestos management plan and an asbestos register are to be created. Refer to SafetyMan – Asbestos Management Procedure 06 - Asbestos Record Keeping, Labelling and Signage.

Customs regulations

14. The Customs (Prohibited Imports) Regulations 1956 prohibit the importation of plant containing asbestos and any other form of asbestos. This prohibition has been in place since 31 December 2003. However, while Australia has prohibited the importation and use of asbestos, many countries still use it and the possibility remains that imported plant and materials may contain asbestos. Notwithstanding, any importation of asbestos is in contravention of the Customs Regulations.

Procedure 01 - Hazard and Risk Identification for Asbestos

Date of release: July 2017 Current as at: July 2017 4

Examples

15. The following photos provide some examples of where asbestos may be found:

Clutch plate (Serial no. 0059B-18/08)

Brake Shoe (0051/04-18/13)

M2A2 inert charge bags (Serial no. N/A)

Macchi Air-conditioning Pipes, external fuselage – left side (Serial no. 0571/10 – 18/01 6)

Asbestos lagging on board a vessel.

120cm Searchlight – WII (Lens Seal)

(Serial no. 0443/1-18/03)

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Procedure 01 - Hazard and Risk Identification for Asbestos

Date of release: July 2017 Current as at: July 2017 5

Broken asbestos cement sheets in old buildings.

References and related documents

16. Work Health and Safety Act 2011

17. Work Health and Safety Regulations 2011 Chapter 8 Asbestos

18. Code of Practice – How to Control and Manage Asbestos in the Workplace

19. Code of Practice – How to Safely Remove Asbestos

20. SafetyMan:

20.1. Asbestos Management Policy suite

20.2. Hazardous Chemicals Management Policy suite

21. Work Health and Safety Branch – Asbestos webpage

22. Australian Standard 4964–2004—Method for the Qualitative Identification of Asbestos in Bulk Samples (SAI Global)

23. National Association of Testing Authorities

24. Customs (Prohibited Imports) Regulations 1956

25. Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres 2nd Edition

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Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017

UNCONTROLLED IF PRINTED

ASBESTOS MANAGEMENT PROCEDURE 02 - RISK MANAGEMENT OF ASBESTOS IN WORKPLACES

1. This procedure provides work health and safety information relating to the SafetyMan - Asbestos Management Policy and Guidance.

Asbestos hazard management process

2. In accordance with the Work Health and Safety Regulations 2011, Groups and Services are required to create and implement an asbestos management plan addressing the following:

2.1. identification of current and foreseeable hazards to health and safety due to asbestos;

2.2. establishing a system of work associated with asbestos;

2.3. completing a risk assessment for each asbestos hazard and assumed asbestos hazard (whether or not assumed asbestos content has been confirmed);

2.4. implementing hazard management systems including asbestos removal, access restrictions, provision of personal protective equipment, medical checks and installation of workplace signage;

2.5. maintaining records about hazard identification and subsequent risk control action;

2.6. establishing a program of regular monitoring and assessment of asbestos hazards and risks in the workplace; and

2.7. providing training, information, instruction and supervision to people in the workplace including staff, contractors and visitors.

Risk management process

3. Hazard identification and confirmation must be undertaken if there is doubt as to the presence of asbestos in buildings, building products, equipment or equipment parts (refer to SafetyMan – Asbestos Management Procedure 01 – Hazard and Risk Identification for Asbestos and SafetyMan – Asbestos Management Procedure 06 - Asbestos Record Keeping, Labelling and Signage). If there is uncertainty whether asbestos is present in a workplace, the person with management or control of the workplace must assume asbestos is present and manage accordingly. Guidance for identifying and testing asbestos is in SafetyMan – Asbestos Management Procedure 01 – Hazard and Risk Identification for Asbestos.

4. Estate and Infrastructure Group regional offices are responsible for developing asbestos management plans for fixed plant and Defence infrastructure and for the administration, identification (surveys), labelling, enclosure, encapsulating and removal of asbestos from Defence buildings and land. SafetyMan - Asbestos Management Procedure 01 - Hazard and Risk Identification for Asbestos can be used to assist in the identification of asbestos in the workplace.

Procedure 02 - Risk Management of Asbestos in Workplaces

Date of release: July 2017 Current as at: July 2017 2

5. No portable equipment should contain asbestos. Capability Acquisition and Sustainment Group is aware of the prohibition on the importation of equipment containing asbestos. Asbestos may exist and be embedded in equipment parts, eg gaskets, and these will remain in-situ until appropriate maintenance requires the asbestos containing material to be replaced. Any embedded asbestos containing material is to be identified and workers who could be exposed to the material must be informed and educated on the risk associated with exposure.

Measurement of airborne asbestos

6. Airborne asbestos levels may be measured to monitor exposure, to study the effect of exposure, and for compensation purposes. In the event that a manager has cause to believe there may be airborne asbestos in the workplace (eg because friable asbestos has been disturbed), the level of airborne asbestos should be measured/monitored. Measuring must be conducted by a National Association of Testing Authorities accredited laboratory.

7. Air monitoring may be used in conjunction with periodic visual assessments by the workplace manager/controller to monitor the risk of exposure. Air sampling is not to be used as an alternative to visual assessment.

Measuring asbestos

8. Within the occupational environment, monitoring of asbestos fibres aims to quantify the number of breathable asbestos fibres present within the breathing zone to determine the level of risk.

9. Pictures below are examples of air sampling equipment.

Figure 1 – Air Sampling Pump. Figure 2 – Sampling Pump Conductive Cowling.

Risk assessment

10. Prior to any work taking place on any item or material that may contain asbestos, commanders/managers must ensure an asbestos exposure risk assessment is conducted. In the case of materiel, this will involve consulting with the relevant system program office within Capability Acquisition and Sustainment Group to determine whether asbestos is present (in-situ) in the platform. Further, before starting any work within Defence estate, contractors and Defence personnel must consult the asbestos register and the regional asbestos management plan to determine whether any asbestos on the site is likely to be disturbed by the proposed work.

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Procedure 02 - Risk Management of Asbestos in Workplaces

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Risk factors

11. The condition and location of asbestos will determine the period between each visual inspection. In situations where the asbestos is in good condition and unlikely to be disturbed, visual inspection on an annual basis is to occur. In other cases such as situations where the asbestos is becoming friable (dry/crumbly) risk assessments must be conducted to consider the degree of risk, and all factors that may influence the degree of risk, before remediation can take place.

Conducting risk assessment

12. A risk-based approach must be taken to determine the priorities of replacing asbestos items with safe alternatives using normal maintenance schedules. Asbestos items that have been installed into platforms after 2003 have the same level of risk as an item installed before prohibition. Therefore, managers and commanders should not increase that level of risk by unnecessarily replacing the item outside of routine maintenance.

13. The potential for exposure of persons entering a building or using equipment is to be evaluated if the presence of asbestos is confirmed, and details of the evaluation recorded on the asbestos hazard register. A competent person (refer to SafetyMan - Asbestos Management Procedure 01 - Hazard and Risk Identification for Asbestos) is to assess the associated risk (that is, the potential of the asbestos to release airborne dust) and is to visually inspect the general condition of all asbestos hazards identified in the workplace.

14. The Code of Practice - How to Manage and Control Asbestos in the Workplace provides advice on the assessment of risk.

15. If asbestos or asbestos-containing material is in good condition and left undisturbed, it is unlikely that asbestos fibres will be released into the air and the risk to health is extremely low. It is usually safer to leave it and review its condition over time. However, if the asbestos or asbestos-containing material has deteriorated or has been disturbed and asbestos-contaminated dust is present, the likelihood that asbestos fibres will become airborne asbestos is increased.

16. The type of material that binds asbestos fibres will influence the potential to become airborne asbestos and varies between different asbestos or asbestos containing material types. These could be a loosely bound sprayed (or limpet) coating as it is more likely to release fibres when disturbed than asbestos cement in which fibres are firmly bound.

17. The following list ranks different types of asbestos according to the likelihood that asbestos could become airborne and released into the air if it has deteriorated or been disturbed. The potential risk to health is greater for items higher up the list if people are exposed to airborne asbestos, but any of the materials listed can produce asbestos fibres if they are disturbed.

Procedure 02 - Risk Management of Asbestos in Workplaces

Date of release: July 2017 Current as at: July 2017 4

18. In conducting a risk assessment, the following should be considered:

18.1. type of asbestos;

18.2. condition, stability of asbestos;

18.3. location of the asbestos;

18.4. accessibility of personnel to the asbestos;

18.5. work activity being conducted in the area where the asbestos has been identified;

18.6. frequency of exposure;

18.7. environmental conditions;

18.8. purpose of asbestos; and

18.9. access to appropriate personal protective equipment.

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Procedure 02 - Risk Management of Asbestos in Workplaces

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Risk management

19. Under Work Health and Safety Regulations 2011, Regulation 420(1) (a) – Exposure to airborne asbestos at the workplace (Annex A), elimination of the hazard must be the first consideration in the management of risk. Where it is possible to remove the asbestos this process must be undertaken by approved and qualified contractors. Contracts and contractors used for the removal or maintenance of asbestos are to comply with the requirements of the Code of Practice - How to Safely Remove Asbestos. So far as is reasonably practicable, the risk control methods are to be applied by accredited agencies that are registered under relevant State or Territory legislation, see SafetyMan – Asbestos Management Procedure 05 - Removal of Asbestos from the Workplace.

Risk control

20. Asbestos risks must be eliminated wherever possible and where it is safe to do so. Reasons for failure to eliminate asbestos risks are to be documented and recorded. Where elimination of the asbestos hazard is not possible or is not warranted based upon the risk assessment, Work Health and Safety Regulations 2011, Regulation 420(1) (b) - Exposure to airborne asbestos at the workplace requires that exposure to asbestos fibres is to be minimised so far as is reasonably practicable.

21. Enclosing, encapsulating, sealing or using certain tools is options for this form of controls. These controls are explained in the Code of Practice - How to Manage and Control Asbestos in the Workplace.

22. In cases where there is negligible risk of exposure and asbestos will not be damaged, disturbed or degraded causing the release of airborne particles, it may be unnecessary to apply measures to control the hazard. In such cases, monitoring of the potential hazard must still be conducted periodically.

23. Commanders/managers are to use the risk assessment to determine treatment or control methods that will ensure that persons are not exposed to asbestos to an extent likely to endanger their health. In completing a risk assessment for the asbestos hazard it is important that sound treatment strategies and methods are developed, implemented, monitored, reviewed and communicated. Treatment strategies must be thoroughly analysed to ensure they are not creating additional hazards that may be of larger magnitude than the initial hazard. In addition, consideration must be given to the impact of risk treatment failure.

Tools and equipment

24. Certain equipment must not be used on asbestos. It is therefore important to select the correct equipment to minimise the generation of airborne asbestos.

25. Manually operated (non-powered) hand tools should be used wherever possible. If they will not provide sufficient physical force to perform the required operation, low-speed, battery-powered tools that are able to be used in conjunction with wet methods for dust control are preferred.

26. Battery-powered tools should be fitted with a local exhaust ventilation dust control hood wherever possible operating through high efficiency particle air filters. If a local exhaust ventilation dust control hood cannot be attached and other dust control methods including pastes and gels are unsuitable, then shadow vacuuming techniques should be used.

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27. Where power tools with dust suppression/extraction are used, exposure monitoring should be carried out to ensure the controls used are effective in reducing the generation of fibres. It is good practice to ensure that the levels of airborne fibres do not exceed one half of the exposure standard (0.1 fibres/ml). If more than half the exposure standard is exceeded, work should be stopped and improvements made to the controls being used.

28. The use of high-pressure water and compressed air is prohibited under the Work Health and Safety Regulations 2011 as they can cause asbestos to become friable.

Asbestos vacuum cleaners

29. Asbestos vacuum cleaners should comply with the requirements in Australian and New Zealand Standard 60335.2.69 Household and similar electrical appliances (particular requirements for wet and dry vacuum cleaners, including power brush, for industrial and commercial use these can be found at Part 2.69).

30. Household vacuum cleaners, including cleaners with a high efficiency particulate air filter, must never be used where asbestos may be present.

31. More comprehensive information about asbestos vacuum cleaners is provided in the Code of Practice - How to Safely Remove Asbestos.

Safe work practices

32. Administrative controls include safe work practices and procedures. Safe work practices must be applied for asbestos removal work or other asbestos-related work. Techniques that prevent or minimise the generation of airborne asbestos fibres include:

32.1. wetting asbestos using surface or wetting agents, such as detergent water;

32.2. using thickened substances, pastes and gels, including hair gel and shaving cream, to cover the surfaces of asbestos being worked on (these substances should be compatible with the conditions of use, including the temperature, and should not pose a risk to health);

32.3. shadow vacuuming; and

32.4. performing the task in a controlled environment, eg a ventilated enclosure.

33. When selecting the best technique, the work should first be assessed for any electrical hazards that might result from the use of water or other liquids. If an electrical hazard exists, primary consideration should be given to removing the asbestos, rather than relying on dry work methods.

34. If asbestos-related work or maintenance or service tasks are assessed by a competent person as involving similar levels of risk, they too may be performed only after the risks for that task have been assessed and appropriate control measures implemented.

35. The use of high-speed abrasive power tools such as angle grinders, sanders, saws and high-speed drills is prohibited under the Work Health and Safety Regulations 2011, except where used with dust suppression/extraction controls operating through a high efficiency particle air filter system. These controls include local exhaust ventiliation dust-control hoods that attach to the tool and isolate the area where the work is occurring ensuring that the dust is captured.

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Personal protective equipment

36. The selection, use and maintenance of personal protective equipment is covered in SafetyMan - Personal Protective Equipment Policy. Personal protective equipment is the last line of defence—used after all other control methods have been implemented so far as is reasonably practicable—and should not be used in isolation of other higher-order control methods.

Laundering

37. Whenever reasonably practicable to do so, disposable coveralls should be used as protective clothing. When non-disposable protective clothing is used, the contaminated clothing must be laundered in a suitable laundering facility that is equipped to launder asbestos-contaminated clothing. Contaminated protective clothing must not be laundered in homes. Any clothing worn under coveralls must be disposed of or suitably bagged for laundering as asbestos-contaminated clothing.

Ongoing risk management

38. Groups and Services (through commanders and managers) must take all reasonably practicable steps to ensure that:

38.1. control measures are documented, maintained, and effectively supervised to minimise risk to health and safety;

38.2. systems of work are implemented and effectively supervised to minimise risk to health and safety;

38.3. personal protective equipment, if required, is provided and maintained to minimise risk to health and safety; and

38.4. reported hazardous situations do not place personnel at risk while steps are being implemented to rectify/control the hazardous situation.

39. If the controls implemented to eliminate or minimise a risk are inadequate, the Group or Service must take all reasonably practicable steps to apply administrative controls, including introducing safe working practices and restricting access to hazardous areas to prevent exposure. Restricting access to areas where the occupational exposure limit of asbestos could be exceeded is crucial. Further information is in Safe Work Australia - Hazardous Chemicals Information System.

Asbestos management plans

40. Where asbestos or asbestos-containing material has been identified in a workplace, in the first instance an effective estate asbestos management plan must be developed and implemented. The plan defines strategies and programs for managing asbestos in the workplace. Groups and Services must develop a local plan managing asbestos related work.

41. The asbestos management plan (in accordance with Work Health and Safety Regulations 2011, Regulation 429 – Asbestos management plan (Annex B)) must be readily accessible in the workplace. The plan must:

41.1. comply with Defence internal policies and procedures and external regulatory requirements;

41.2. address hazard identification and risk assessment processes and outcomes. Further information is in SafetyMan – Asbestos Management Procedure 01 - Hazard and Risk Identification for Asbestos;

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41.3. address development and implementation of strategies to ensure the health and safety of workers, for example restricting access to areas awaiting risk assessment. Further information is in the Code of Practice - How to Manage and Control Asbestos in the Workplace;

41.4. include consultation with Health and Safety Representatives;

41.5. incorporate all records as required (asbestos management plans, risk assessments, asbestos registers, exposure monitoring results, results from health surveillance, disposal records, etc). Further information/instruction is in SafetyMan - Asbestos Management Procedure 06 - Asbestos Record Keeping, Labelling and Signage;

41.6. address training, information and instruction to be provided to workers; and

41.7. detail provisions for workers to access health examinations.

42. Other information that may be included in the asbestos management plan is:

42.1. an outline of how asbestos risks will be controlled, including consideration of appropriate control measures;

42.2. a timetable for managing risks of exposure, eg priorities and dates for any reviews, circumstances and activities that could affect the timing of action;

42.3. identification of each appointment (or individual) with responsibilities under the asbestos management plan and their responsibilities;

42.4. procedures, including a timetable for reviewing and, if necessary, revising the asbestos management plan and asbestos register; and

42.5. air monitoring procedures at the workplace, if required.

Asbestos management plan review

43. The person managing or controlling the workplace must ensure the asbestos management plan is reviewed and, if necessary, revised at least once every five years or when:

43.1. there is a review of the asbestos register or a control measure; or

43.2. asbestos is removed from, or disturbed, sealed or enclosed at the workplace; or

43.3. the plan is no longer adequate for managing asbestos or asbestos-containing material at the workplace; or

43.4. a Health and Safety Representative requests a review (refer to Work Health and Safety Regulations 2011, Regulation 430 (2) (a) and (b) – Review of asbestos management plan (Annex C)).

References and related documents

44. Work Health and Safety Act 2011

45. Work Health and Safety Regulations 2011 Chapter 8 Asbestos

46. Code of Practice - How to Manage and Control Asbestos in the Workplace

47. Code of Practice - How to Safely Remove Asbestos

48. Safe Work Australia - Hazardous Chemicals Information System

49. SafetyMan:

49.1. Hazardous Chemicals Management Policy suite

49.2. Asbestos Management Policy suite

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49.3. Personal Protective Equipment Policy

50. Australian Standard 4964-2004 - Method for the Qualitative Identification of Asbestos in Bulk Samples

51. Australian Standard 1319-1994 - Safety Signs for the Occupational Environment;

52. Australian/New Zealand Standard 1715:2009 - Selection, Use and Maintenance of Respiratory Protective Equipment

53. Australian and New Zealand Standard 60335.2.69 Household and similar electrical appliances

54. Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment, [NOHSC:1003 (1995)]

55. Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres 2nd Edition [NOHSC:3003 (2005)]

56. Globally Harmonized System of Classification and Labelling of Chemicals (GHS)

57. Work Health and Safety Branch – Asbestos webpage

Annexes

A. Work Health and Safety Regulations 2011, Regulation 420 – Exposure to airborne asbestos at the workplace

B. Work Health and Safety Regulations 2011, Regulation 429 – Asbestos management plan

C. Work Health and Safety Regulations 2011, Regulation 430 – Review of asbestos management plan

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Annex A

Work Health and Safety Regulations 2011

Regulation 420 Exposure to airborne asbestos at workplace

(1) A person conducting a business or undertaking at a workplace must ensure that:

(a) exposure of a person at the workplace to airborne asbestos is eliminated so far as is reasonably practicable; and

(b) if it not reasonably practicable to eliminate exposure to airborne asbestos—exposure is minimised so far as is reasonably practicable.

Note: WHS Act—section 19 (see regulation 9).

(2) A person conducting a business or undertaking at a workplace must ensure that the exposure standard for asbestos is not exceeded at the workplace.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) Paragraphs (1)(a) and (2) do not apply in relation to an asbestos removal area:

(a) that is enclosed to prevent the release of respirable asbestos fibres in accordance with regulation 477; and

(b) in which negative pressure is used in accordance with that regulation.

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Annex B

Work Health and Safety Regulations 2011

Regulation 429 Asbestos management plan

(1) This regulation applies if asbestos or ACM is:

(a) identified at a workplace under regulation 422; or

(b) likely to be present at a workplace from time to time.

(2) A person with management or control of the workplace must ensure that a written plan (an asbestos management plan) for the workplace is prepared.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) A person with management or control of the workplace must ensure that the asbestos management plan is maintained to ensure the information in the plan is up to date.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(4) An asbestos management plan must include information about the following:

(a) the identification of asbestos or ACM;

Example: A reference or link to the asbestos register for the workplace and signage and labelling.

(b) decisions, and reasons for decisions, about the management of asbestos at the workplace;

Example: Safe work procedures and control measures.

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(c) procedures for detailing incidents or emergencies involving asbestos or ACM at the workplace;

(d) workers carrying out work involving asbestos.

Example: Consultation, responsibilities, information and training.

(5) A person with management or control of a workplace must ensure that a copy of the asbestos management plan for the workplace is readily accessible to:

(a) a worker who has carried out, carries out or intends to carry out, work at the workplace; and

(b) a health and safety representative who represents a worker referred to in paragraph (a); and

(c) a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and

(d) a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.

Penalty:

(a) In the case of an individual—$3 600.

(b) In the case of a body corporate—$18 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

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Annex C

Work Health and Safety Regulations 2011

Regulation 430 Review of asbestos management plan

(1) A person with management or control of a workplace that has an asbestos management plan must ensure that the plan is reviewed and as necessary revised in the following circumstances:

(a) there is a review of the asbestos register or a control measure;

(b) asbestos is removed from, or disturbed, sealed or enclosed at, the workplace;

(c) the plan is no longer adequate for managing asbestos or ACM at the workplace;

(d) a health and safety representative requests a review under subregulation (2);

(e) at least once every 5 years.

Penalty:

(a) In the case of an individual—$3 600.

(b) In the case of a body corporate—$18 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) A health and safety representative for workers at a workplace may request a review of an asbestos management plan if the representative reasonably believes that:

(a) a circumstance referred to in subregulation (1)(a), (b) or (c) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and

(b) the person with management and control of the workplace has not adequately reviewed the asbestos management plan in response to the circumstance.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017

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ASBESTOS MANAGEMENT PROCEDURE 03 - UNEXPECTED FINDS OF ASBESTOS

1. This procedure provides work health and safety information relating to the SafetyMan - Asbestos Management Policy and Guidance.

Introduction

2. Occasionally, asbestos is found unexpectedly—for example: while conducting operations outside of Australia (especially in developing countries); or during Defence Assistance to the Civil Community operations such as bushfire or flood assistance; or when installing or removing infrastructure.

3. This procedure deals with unexpected finds in any workplace, including a worker’s normal workplace as well as workplaces in the (national and international) deployed environment.

Unexpected asbestos finds

4. This procedure deals with asbestos unexpectedly found during the operation of asbestos-containing plant/equipment/platforms or minor maintenance or refurbishment projects. Major work, large refurbishment and demolition projects at Defence establishments are managed through a structured remediation program separate from normal site operations and are beyond the scope of this procedure.

5. The management and remediation of asbestos, including asbestos in soils within Defence establishments is the responsibility of the Estate and Infrastructure Group who engage specialised contractors for this type of work.

6. Before commencing work on plant/equipment the Capability Acquisition and Sustainment Group asbestos register must be consulted. Further information is in SafetyMan – Asbestos Management Procedure 02 – Risk Management of Asbestos in Workplaces.

7. When dealing with an unexpected find in a platform/plant/equipment, the commander or manager is to undertake a risk assessment, add the item to the asbestos register and create an asbestos management plan. If the suspect item is an inventory or stock item, which is subsequently confirmed to contain asbestos, disposal action is required. Local Joint Logistics Units or Estate and Infrastructure Group can assist with the disposal of asbestos-containing items.

8. Details regarding reporting suspected asbestos, organising sampling and analysis are in the SafetyMan – Asbestos Management Procedure 01 - Hazard and Risk Identification for Asbestos.

Procedure 03 - Unexpected Finds of Asbestos

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9. Irrespective of the work being undertaken, or the location of the work, workers who believe they may have been exposed to asbestos or asbestos containing material are to report the event immediately to their workplace supervisor (or commander or manager). Formal incident reporting in accordance with SafetyMan – Work Health and Safety Event (Incident) Reporting Policy and Guidance and supporting guidelines is to occur only after an industrial hygiene investigation confirms the presence of asbestos and that people may have been exposed to airborne asbestos.

10. In the event that workers may have been exposed to airborne asbestos, asbestos levels may be measured and monitored. Workplace managers can find more information about airborne asbestos measurement in SafetyMan – Asbestos Management Procedure 02 - Risk Management of Asbestos in Workplaces.

11. In the event a test confirms the presence of asbestos, the asbestos register should be amended and an asbestos management plan developed and implemented. Further information is in SafetyMan – Asbestos Management Procedure 06 - Asbestos Record Keeping, Labelling and Signage.

Asbestos in soil

12. Human activities can contaminate the soil. Where Defence workers, including contractors, are required to complete activities involving excavation in soil that may have been contaminated, assessments of the soil in the immediate and surrounding area are to be undertaken prior to, during and after excavation to determine:

12.1 whether asbestos, asbestos-containing material and other contaminants are present;

12.2 the feasibility of re-using the soil in the excavation; and

12.3 the potential cost to remove the contaminated soil from site.

13. A preliminary site inspection will generally be conducted as a desktop study and will involve collecting information on the location, type, condition and amount of any contaminants present on the site.

14. Risk assessments should start early in the contaminated soil investigation. Immediate hazard or contamination control measures may sometimes be necessary to protect on-site personnel and the local community.

15. At all times, exposure of individuals should not exceed National Exposure Standards. Hence, measuring and monitoring of airborne asbestos may be required. An occupational hygienist must be engaged to measure and monitor the level of breathable asbestos in the air. The Defence Work Health and Safety Services Standing Offer Panel (SON2405851) provides contact details of occupational hygienists.

16. Managing and remediating sites contaminated with asbestos are specialised tasks. Engaging specialists, including asbestos removalists, is required for all but the most minor of non-friable contaminations. As stated previously, no Defence worker (civilian, military or contractor) is to be engaged to remove or handle asbestos from contaminated buildings or worksites except in emergency situations and then only if properly trained.

Preparation for sampling and analysis

17. Details for arranging sampling and testing of soil for asbestos are in the SafetyMan - Asbestos Management Procedure 01 - Hazard and Risk Identification for Asbestos. Specific soil investigation methodologies for identifying the extent and distribution of contamination and the contaminant/s are outlined in the National Environmental Protection Measure 1999.

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Asbestos risk during Defence Assistance to the Civil Community operations

18. Asbestos is of most concern when airborne, breathable asbestos fibres are generated—for example, asbestos cement building material may explode during fire producing airborne, breathable fibres. Asbestos contamination may also result from fire-fighting water runoff which can carry fine asbestos material. Consequently, all work health and safety plans for Defence Assistance to the Civil Community operations are to consider the risk of exposure of Defence personnel to asbestos.

19. Recommended immediate management actions for when the Defence Assistance to the Civil Community area of operation is first accessible to Defence personnel include the following:

19.1 identify the worst contaminated areas (eg areas where asbestos cement sheeting has been used). If there is time, have representative samples from the areas tested for asbestos;

19.2 limit access to properly trained personnel with sufficient site risk information and appropriate personal protective equipment. Further information is in the Asbestos Site Entry Safety Analysis Checklist located within this document;

19.3 wet the potentially contaminated areas, especially the footprint and adjacent areas, to settle dust;

19.4 limit site access and disturbance, especially from vehicles. Erect warning signs and fencing if necessary;

19.5 provide guidance for concerned or affected members of the public; and

19.6 after a fire, some actions may be appropriate for nearby houses or buildings, such as turning off ventilation systems. Responders must wear a Class P2 respirator and employ hygienic practices.

20. Commanders or managers should also consider the use of perimeter air monitoring for asbestos fibres. This may be appropriate for major contamination or reassurance purposes if requested by the host governing authority, especially if there are occupied residences or sensitive buildings nearby, such as schools. When atmospheric sampling is required to measure and monitor the level of breathable asbestos in the air, an occupational hygienist must be engaged.

Defence Assistance to the Civil Community asbestos management principles

21. The presence of asbestos in the area of operations must be ascertained so the risk may be assessed and management plans may be implemented. The Asbestos Site Entry Safety Analysis Checklist—which identifies potential sources of information about asbestos along with management strategies—may be of assistance to commanders and managers.

22. Asbestos testing may be required for fragments, soil and air. Ideally a sole analytical laboratory capable of testing fragment, soil and air samples would be contracted.

23. Appointing dedicated project managers for building remediation and associated tasks may be an effective strategy as Local Government Agencies and other responsible agencies may not have time or project expertise, including in regard to financial issues, or experience working with insurers.

24. Consider undertaking the building/remediation work in stages and define criteria for prioritising some sites ahead of others.

25. Make maximum use of local government agencies records and information about the affected buildings and areas, including age and building materials used.

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26. Implement systems/processes/precautions to avoid recontamination of remediated sites (eg recontamination by machinery tracking).

Preliminary asbestos exposure assessment checklist

27. The template below is an example of a general exposure risk assessment checklist that should be completed prior to approaching or entering areas or premises affected by fire in Defence Assistance to the Civil Community environments.

Procedure 03 - Unexpected Finds of Asbestos

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ASBESTOS SITE ENTRY SAFETY ANALYSIS CHECKLIST

This checklist is intended for Environmental Health and Occupational Hygienists at any stage of asbestos fire management but may be used by others involved.

Information compilation

From the following, tick the source/s from which information about potential asbestos contamination has been obtained:

Brief from Local Government Agency Owner Advice Building records Police State/Local Fire Authority Other (describe):………………………………………………………………………………………………………………………

Is there sufficient credible information to inform risk assessment and management plan? Yes No Maybe

For ‘No’ or Maybe’, additional information should be sought or a more cautionary approach taken to any site entry.

Hazard identification and rating

In the following table, identify the hazards that may be present and rate the likelihood that they are present.

Hazard Likely Unlikely Unknown Comment

Fire/heat

Friable/brittle asbestos

Bonded asbestos, eg pieces

Other hazardous material/fumes

Other:

Other:

Other:

Risk management action

In the following table, identify the risk management actions that should be implemented.

Measure Yes No/NA Unknown Comment

First responder escort

Other relevant escort

Work partner/s

Movement plan

Personal protective equipment

Other:

Other:

For personal protective equipment from the following list, identify the equipment that will be used (minimum normally is a Class P2 respirator, safety shoes/boots, safety glasses and gloves).

respirator gloves safety shoes hard hat eye protection coveralls other (describe):

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Final review and decision

Based on the information available and the hazards identified and risk management actions, is the site safe to enter?

Yes. Proceed with inspection but review process as necessary.

No. Seek advice from commander/manager and/or expert external agencies.

Name:

Signature:

Date:

Contaminated sites

28. The management and remediation of sites contaminated with asbestos is a specialised task. In some instances, site remediation may entail removal of asbestos and asbestos-containing material from the site; in other cases this may not be practicable, and other management strategies should be used. Engaging specialists, including asbestos removalists, is highly recommended for all but the most minor of non-friable asbestos and asbestos-containing material.

29. The National Environment Protection (Assessment of Site Contamination) Measure 1999 sets out the general principles for assessment and remediation of contaminated sites. The National Environment Protection (Assessment of Site Contamination) Measure 1999 recommends that a person conducting a business or undertaking who has a workplace that is, or is suspected of being, contaminated with asbestos should engage specialists possessing the identified competencies.

30. Defence personnel (ADF members, APS employees, ADF cadets and other persons) are not to be involved in asbestos removal or remediation work. This is a specialised field and requires individuals to be trained and licensed. Specialist contractors should be engaged to undertake asbestos removal and/or remediation.

Naturally occurring asbestos

31. The Code of Practice – How to Manage and Control Asbestos in the Workplace provides information on the application of Work Health and Safety Regulations 2011, Part 8.4 - Management of naturally occurring asbestos (Annex A).

32. As for other asbestos, asbestos-containing material and suspected asbestos, naturally occurring asbestos identified or assumed at a workplace must be included on the asbestos register and a management plan must be developed.

References and related documents

33. Work Health and Safety Act 2011

34. Work Health and Safety Regulations 2011 - Chapter 8 Asbestos

35. Code of Practice - How to Manage and Control Asbestos in the Workplace

36. Code of Practice - How to Safely Remove Asbestos

37. SafetyMan

37.1.1. Hazardous Chemicals Management Policy suite

37.1.2. Asbestos Management Policy suite

Procedure 03 - Unexpected Finds of Asbestos

Date of release: July 2017 Current as at: July 2017 7

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37.1.3. Work Health and Safety Event (Incident) Reporting Policy and Guidance

38. Australian Standards (SAI Global)

38.1.1. Australian Standard 4964–2004 - Method for the qualitative identification of asbestos in bulk samples

38.1.2. Australian Standard 1319–1994 - Safety signs for the occupational environment

38.1.3. Australian Standard 4482.1-2005 - Guide to the investigation and sampling of sites with potentially contaminated soil - Non-volatile and semi-volatile compounds

38.1.4. Australian/New Zealand Standard 1715:2009 - Selection, use and maintenance of respiratory protective equipment

39. National Environmental Protection (Assessment of Site Contamination) Measure 1999

40. Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment, [NOHSC:1003 (1995)]

41. Guidance Note on the Membrane Filter method for Estimating Airborne Asbestos Fibres 2nd Edition [NOHSC:3003 (2005)]

42. Work Health and Safety Branch – Asbestos webpage

Annex

A. Work Health and Safety Regulations 2011, Part 8.4 – Management of naturally occurring asbestos

Procedure 03 - Unexpected Finds of Asbestos

Date of release: July 2017 Current as at: July 2017 8

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ANNEX A

Work Health and Safety Regulations 2011

Part 8.4 - Management of Naturally Occurring Asbestos

Regulation 431 - Naturally occurring asbestos

The person with management or control of a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with naturally occurring asbestos at the workplace.

Note

WHS Act—section 20 (see regulation 9).

Regulation 432 - Asbestos management plan

(1)This regulation applies if naturally occurring asbestos is:

(a)identified at a workplace; or

(b)likely to be present at a workplace.

(2)A person with management or control of the workplace must ensure that a written plan (an asbestos management plan) for the workplace is prepared in relation to the naturally occurring asbestos.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3)A person with management or control of the workplace must ensure that the asbestos management plan is maintained to ensure the information in the plan is up to date.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(4)An asbestos management plan must include information about the following:

(a)the identification of naturally occurring asbestos;

(b)decisions, and reasons for decisions, about the management of naturally occurring asbestos at the workplace;

Example

Safe work procedures and control measures.

(c)procedures for detailing incidents or emergencies involving naturally occurring asbestos at the workplace;

(d)workers carrying out work involving naturally occurring asbestos.

Example

Consultation, responsibilities, information and training.

(5)A person with management or control of a workplace must ensure that a copy of the asbestos management plan for naturally occurring asbestos at the workplace is readily accessible to:

(a) a worker who has carried out, carries out or intends to carry out, work at the workplace; and

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(b) a health and safety representative who represents a worker referred to in paragraph (a); and

(c) a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and

(d) a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

Regulation 433 - Review of asbestos management plan

A person with management or control of a workplace that has an asbestos management plan for naturally occurring asbestos must ensure that the plan is reviewed and as necessary revised if the plan is no longer adequate for managing naturally occurring asbestos at the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

Example

A control measure is revised under regulation 38.

Regulation 434 - Training in relation to naturally occurring asbestos

A person conducting a business or undertaking must ensure that the training required under regulation 445 includes training in the hazards and risks associated with naturally occurring asbestos for workers who carry out work where naturally occurring asbestos is likely to be found.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017

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ASBESTOS MANAGEMENT PROCEDURE 04 - ASBESTOS CONTRACT AND CONTRACTOR CONTROL

1. This procedure provides work health and safety information relating to the SafetyMan - Asbestos Management Policy and Guidance and clarifies shared duty responsibilities and the documentation of safety information including responsibilities. These activities are best placed in the contract between Defence and contractors performing work in the Defence undertaking.

2. Based on the risks associated with handling and disposing of asbestos or asbestos containing material, all asbestos removal operations are to be contracted out to specialist personnel (except in emergency situations) who have the appropriate licences and training to undertake the work.

3. To ensure high standards of work health and safety performance, safety must be considered when:

3.1. selecting contractors;

3.2. developing contractual arrangements;

3.3. planning contractor work health and safety management;

3.4. inducting and training contractors for site work health and safety;

3.5. monitoring contractor work health and safety performance;

3.6. partnering with industry in work health and safety; and

3.7. controlling visitors to the workplace.

4. Defence needs to ensure that the contracts developed for asbestos work and asbestos removal tasks are clear and that Defence responsibilities, contractor responsibilities and common responsibilities for shared duties under the Work Health and Safety Act 2011 are clearly articulated.

5. When a contractor is engaged for asbestos-related work, Defence is responsible for monitoring and managing the safety of contract workers—because they are Defence workers under the Work Health and Safety Act 2011.

6. This procedure provides an outline of requirements to assist commanders and managers in developing contracts for asbestos work or asbestos removal work in their area of responsibility.

Asbestos-related work

7. The Work Health and Safety Regulations 2011 allows work on asbestos under certain circumstances. Licensed removal work is an acceptable practice under the Work Health and Safety Regulations 2011 if the party undertaking the work is qualified to do so. Work where asbestos may be encountered as part of an unrelated task is referred to as asbestos-related work, eg removal of asbestos containing brake pads during a vehicle

Procedure 04—Asbestos Contract and Contractor Control

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servicing task. Under the Work Health and Safety Regulations 2011 asbestos-related work includes:

7.1. research and analysis;

7.2. sampling and identification in accordance with the Work Health and Safety Regulations 2011;

7.3. maintenance of, or service work on, non-friable asbestos or asbestos-containing material fixed or installed before 31 December 2003, in accordance with the Work Health and Safety Regulations 2011;

7.4. the transport and disposal of asbestos and asbestos waste in accordance with jurisdictional legislation;

7.5. demonstrations, education or practical training in relation to asbestos or asbestos-containing material;

7.6. display, or preparation or maintenance for display, of an artefact or thing that is, or includes, asbestos or asbestos-containing material;

7.7. management in accordance with the Work Health and Safety Regulations 2011 of in-situ asbestos that was installed or fixed before 31 December 2003;

7.8. work that disturbs asbestos during mining operations that involve the extraction of or exploration for a mineral other than asbestos;

7.9. laundering asbestos-contaminated clothing in accordance with the Work Health and Safety Regulations 2011;

7.10. where the Regulator approves the method adopted for managing risks associated with asbestos;

7.11. soil that a competent person has determined does not contain any visible asbestos, does not contain more than trace levels of asbestos determined in accordance with Australian Standards 4964:2004 Method for the Qualitative Identification of Asbestos in Bulk Samples; and/or

7.12. management, in accordance with an asbestos management plan of naturally occurring asbestos.

8. When undertaking asbestos-related work, the Work Health and Safety Regulations 2011 require that the work is performed in accordance with the following requirements:

8.1. the worker must be informed of the health risks of exposure to asbestos and that they will need to undergo health monitoring;

8.2. a competent person carries out air monitoring of the work area if there is uncertainty whether the exposure standard is likely to be exceeded; and

8.3. any suspected asbestos that is encountered must be identified, or if it is not possible to identify then it must be assumed to contain asbestos.

9. Defence employees and members are not permitted to undertake intentional asbestos-related work or asbestos removal work except in emergency situations. Under these circumstances, Defence employees and members must be licensed and trained asbestos removalists.

Procedure 04—Asbestos Contract and Contractor Control

Date of release: July 2017 Current as at: July 2017 3

Asbestos contract management process

10. The stages in the contract process, including specifically where safety criteria should be considered are indicated below:

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Procedure 04—Asbestos Contract and Contractor Control

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Stage 1 - Contract specification

11. The specification issued is to ensure that safety criteria are established and included as part of the request for tender/request for quotation. A contractor must comply with all the specified asbestos safety criteria before entry into a contract with Defence. The purpose of the criteria is to ensure that the contractor’s safety standards are in line with the standards generally set by Defence. These criteria will be applied to all asbestos-related contracts irrespective of size.

12. The criteria are established to provide evidence of the contractor’s good safety performance record. The following provides a guide for the evaluation and assessment of a contractor’s asbestos safety performance:

12.1. the contractor’s general approach to safety (such as incident statistics or records of industrial disputes concerning safety matters and the contractor’ response to them) and any safety training the contractor may have done and what it involved;

12.2. the asbestos training qualifications and experience of the contractor’s personnel and the quality of the contractor’s plant used in asbestos-related tasks. This criterion may be assessed through contractor-supplied supporting documentation, such as maintenance schedules for plant, appropriate (including safety-specific) training undertaken by workers, etc;

12.3. the contractor’s system of safety performance which will include written safe work procedures, risk assessment and control strategies, first aid arrangements, emergency procedures and, where appropriate, subcontractor evaluation (contractor and Defence have a shared duty responsibility in this matter);

12.4. asbestos register management requirements (contractor and Defence have a shared duty responsibility in this matter);

12.5. contractor’s asbestos management plan (or asbestos removal control plan) and review schedule for the tasks identified;

12.6. details of workers’ training and currency prior to undertaking work in Defence workplaces;

12.7. health monitoring plan, responsibilities to manage and pay for health monitoring and health monitoring records management and sharing;

12.8. site management plan to control exposure of workers, visitors and third parties to asbestos (contractor and Defence have a shared duty responsibility in this matter);

12.9. disclosure of the equipment to be used, its maintenance and registration where required, on the tasks involving asbestos;

12.10. contractor details on how they will undertake the tasks required and comply with work health and safety legislation related to the tasks;

12.11. Class A and B asbestos removal licensing compliance;

12.12. copies of the licensing details of asbestos removalist personnel of the contractor who will be used in the asbestos removal work;

12.13. names, qualifications and licence details of all contractor personnel to be used in the implementation of the proposed contract;

12.14. name and full details of the contract asbestos removal supervisor;

12.15. details of training records which must be kept on-site by the licensed asbestos removalist;

Procedure 04—Asbestos Contract and Contractor Control

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12.16. methods for isolating the workplace where asbestos removal work is to be undertaken;

12.17. details of air monitoring systems in the workplace where required;

12.18. list of asbestos assessor licensed personnel;

12.19. details of method of notifying Comcare of asbestos removal work (contractor and Defence have a shared duty responsibility in this matter);

12.20. communication of asbestos removal work with affected people (contractor and Defence have a shared duty responsibility in this matter);

12.21. contractor details for signposting, barricades and labelling asbestos in the workplace during and after the work processes;

12.22. access control to the asbestos removal workplace (contractor and Defence have a shared duty responsibility in this matter);

12.23. details of decontamination methods and facilities;

12.24. waste disposal methods for asbestos, personal protective equipment and clothing used or contaminated during the specified asbestos work (contractor and Defence have a shared duty responsibility in this matter);

12.25. methods for conducting clearance inspections and issuing clearance certificates where appropriate;

12.26. details of the open and effective communication channels/systems between the contractor and the contract manager (contractor and Defence have a shared duty responsibility in this matter);

12.27. efficient method(s) for monitoring the contractor’s safety performance during the contract period (contractor and Defence have a shared duty responsibility in this matter);

12.28. commitment to safety dispute resolution procedures (contractor and Defence have a shared duty responsibility in this matter); and

12.29. timely notification and reporting of contractor workplace incidents (contractor and Defence have a shared duty responsibility in this matter).

Stage 2 - Tender evaluation

13. When selecting a preferred tender, responsible commanders or managers are to consider evidence of previous best practice performance of the contractor and the contractor’s staff in relation to safety matters both as submitted and based upon previous experience with the contractors in the Defence workplace. Long-term contractors (eg contracted for a term of twelve months or more) should be invited to participate on local safety committees.

14. The tenderer is to comply with the work health and safety legislation and Defence policies and procedures.

15. The responsible commander or manager is to ensure that a Defence Safety Liaison Officer has been nominated for the asbestos work. The nomination of a Defence Safety Liaison Officer is essential when the asbestos work undertaken by the contractor has the potential to affect the health and safety of Defence and contract workers (contractor and Defence have a shared duty responsibility in this matter).

Procedure 04—Asbestos Contract and Contractor Control

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16. The approved contractor must provide an outline of the asbestos management plan as part of the tender process. This plan must be fleshed out and approved prior to the contract being signed by the contract parties. This will assist in clarifying the responsibilities of all parties in the management of the work and the workplace prior to work starting.

Stage 3 - Contract negotiations

17. The following safety systems are to be included (if not already included in the Request for Tender or Request for Quotation documentation) in the requirements for the contract to conduct asbestos-related work or asbestos removal work:

17.1. conduct and record hazard and risk assessments for identified holdings of asbestos in the workplace undergoing works; and

17.2. notify Defence of asbestos-containing material identified during work so that Defence asbestos registers can be updated; and

17.3. a single workplace safety system and systems for workplace management including an up-to-date asbestos management plan, site safety inductions and an auditing program compliant with work health and safety legislation and Defence policy and procedures.

Stage 4 - Contract signing

18. All the agreed clauses to achieve legislative compliance are to be included in the contract. A general statement that the contractor is to comply with work health and safety legislation is not suitable. The work and the work processes are to be clearly defined and clauses relating to the work and responsibilities are to clarify all aspects of the asbestos tasks involved in the contract.

19. Shared duty responsibilities can be managed by one or both of the contract parties and this must be stated. However, where shared duty responsibilities are stated, each party must monitor the other party’s performance to verify that the responsibilities are being performed or both parties could be liable for any non-compliance.

Stage 5 - Contract commencement

20. Companies or individuals engaged to perform asbestos work for Defence and Defence-controlled workplaces must have a demonstrated understanding of the site safety and emergency procedures by signing a Contractor Site Safety Agreement which forms part of the tender documentation. This agreement will also form part of the initial order for engagement.

21. The Defence contractor manager or Defence Safety Liaison Officer will ensure that:

21.1. contractors and their staff, before they commence the work, receive an induction brief which addresses local: communication channels, emergency procedures, prohibited areas, first aid arrangements, hazards and their control arrangements, safety-related dispute arrangements, Defence safety policies and procedures, and incident notification and reporting procedures; and

21.2. where the contractor takes control of the workplace for asbestos removal tasks, the contractor provides induction and briefing to potentially exposed workers and Defence personnel.

22. The regulator is to be notified before asbestos removal work commences (this is a shared duty responsibility).

Procedure 04—Asbestos Contract and Contractor Control

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Stage 6 - Contract monitoring

23. The Defence Safety Liaison Officer monitors health and safety performance during the period of the contract where the contractor’s safety performance has the potential to affect Defence and contractor workers. The role of the Defence Safety Liaison Officer may be performed by the commander or manager, or the contract project manager (as specified in the contract documentation), or any other person nominated for the task.

24. The role of the Defence Safety Liaison Officer may vary depending on whether the workplace is contractor or Defence controlled. In a contractor-controlled workplace, the Defence Safety Liaison Officer has no jurisdiction to monitor the contractor’s safety performance. Where the contractor’s safety performance has the potential to affect Defence workers, the duties of the Defence Safety Liaison Officer, with respect to safety, include:

24.1. periodically monitoring the safety performance of contractors and their staff within the workplace. A method of monitoring a contractor’s safety performance is to be developed;

24.2. liaising with the appropriate Defence supervisor who has contractors at their workplace to monitor compliance by the contractor and the contractor’s staff with safety arrangements and advise the commander or manager accordingly so that all matters are taken into account when reviewing or renewing contracts;

24.3. ensuring Standard Operating Procedures that address the health and safety obligations of Defence are extended to include contractors and their staff as defined Defence workers; and

24.4. providing contractors with a copy of this procedure during their induction brief.

25. The manner in which the Defence Safety Liaison Officer undertakes their duties is dependent upon the nature of the contract and the degree of risk posed to the health and safety of Defence workers. All contracted asbestos tasks are considered to be high risk and high levels of interaction and monitoring would be expected and should be documented.

26. Where Defence workers are required to work in the same workplace as the specialist asbestos contractor, the Defence Safety Liaison Officer is to brief the appropriate safety advisor and/or Health and Safety Representative on procedures for reporting breaches of safety standards (including those committed by the subcontractors).

27. If a contractor breaches safety standards on Defence premises and the breach could result in exposure of Defence workers to asbestos dusts, the Defence Safety Liaison Officer may after consultation with and authorisation by the commander or manager and project manager, stop the work of the contractor. Such an event would be regarded as a dangerous incident and must be reported through Sentinel and by telephone to the regulator who may require an investigation. Where an incident occurs the incident site is to be preserved until it is released by the regulator back into Defence control. Irrespective of whether an incident has occurred, asbestos must not be left in a condition where other people can be exposed to breathable dust.

Procedure 04—Asbestos Contract and Contractor Control

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28. The Work Health and Safety Act 2011 provides that a health and safety representative is to inform immediately the supervisor responsible for the workplace or work system if the health and safety representative has reasonable cause to believe that there is an emergency or an immediate threat to the health and safety of any worker. The supervisor must take action that they consider appropriate to remove that threat. If the supervisor cannot be contacted immediately, the health and safety representative may direct the worker(s) to evacuate or cease work, in a safe manner. Work should only cease where the breach has not been satisfactorily addressed within a stipulated time frame and there is a significant risk to a person’s health and safety. The work should resume when the significant risk to health and safety has been eliminated or minimised to the mutual satisfaction of all parties. If a breach in safety provisions occurs at the contractor’s premises then Defence workers are to be removed until the issue has been satisfactorily resolved.

29. Should any safety issues arise relating to contractors working within Defence workplaces, appropriate Defence safety officers may be contacted to assist with the resolution of any policy related issues.

30. When re-negotiating contracts with existing contractors, the SafetyMan – Asbestos Management Policy suite is to be acknowledged and the requirements incorporated into those contracts.

Stage 7 - Contract evaluation

31. For asbestos removal work, the contractor must conduct air monitoring and keep records. At the end of the work the contractor is to provide a clearance certificate indicating compliance with the requirements of the legislation and an indication that it is safe to reoccupy the area.

32. The Defence Safety Liaison Officer must obtain the air monitoring results and the clearance certificate and confirm that the work has been completed in accordance with the legislation and the terms of the contract before agreement that the contracted work has been finalised.

Control of asbestos contractors in Defence workplaces

33. Defence-controlled workplaces are to be managed to protect the health, safety and welfare of Defence workers, contractors and third parties at or near the workplace. This obligation is also imposed upon the contractor. Defence obligations include:

33.1. maintaining a safe workplace, without risk to their health, that provides adequate facilities for their welfare at work;

33.2. ensuring safety at work in connection with the supply, use, handling, storage and transportation of plant or substances;

33.3. ensuring safe access to, and egress from, the workplace;

33.4. ensuring, before commencement of the work, the provision of the necessary information, contract safety induction briefing and a workplace safety briefing on the Defence safety standards and policy;

33.5. providing appropriate mechanisms for continuing consultation and review of safety matters; and

33.6. ensuring that the contractor’s system of work does not place the contractor’s workers or Defence workers at risk of injury/illness.

34. Contractors must report to the workplace supervisor daily advising of their presence in the workplace. This is to ensure that emergency management procedures, if enacted, cover all workers and people present at the workplace. Contractors must be inducted into a new workplace in accordance with Defence policy.

Procedure 04—Asbestos Contract and Contractor Control

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Contractor-controlled workplaces

35. Defence is to ensure that the contractor in control of a workplace has an agreed and appropriate safety management system in place that will ensure the safety of the contractor’s staff, sub-contractors and Defence workers working in the vicinity. A contractor-controlled workplace is defined as a workplace over which Defence has no control or open access such as a fenced-off construction or demolition site. It does not include partitioned areas of buildings or offices within buildings over which Defence does exercise control.

36. Contractors must supply to Defence a copy of their safety/asbestos management plan as part of the contract negotiations at Stage 3 of the contract process. This plan is to show how the contractor will provide a safe and healthy workplace for its workers, sub-contractors and third parties.

37. A copy of the plan should be available on-site and for review by the Defence contract manager, the regulator, workers and affected third parties at all times during the course of the contract.

Visitors to workplaces

38. Both Defence and the contractor owe a duty of care to visitors to the workplace under relevant work health & safety legislation. All visitors must report to the workplace supervisor and be inducted on the safety issues affecting the workplace being visited. Visitors must be escorted at all times by an inducted worker of Defence or the contractor in control of the workplace.

Incident management and reporting

39. Incidents and near misses are to be reported when there is:

39.1. damage to property/equipment;

39.2. injury to, or illness or death of, a worker;

39.3. exposure to asbestos dusts (notifiable to the regulator); and/or

39.4. a potential for any of the consequences in para’s 39.1–39.3.

40. In Defence-controlled workplaces, reporting accords with SafetyMan – Work Health and Safety Event (Incident) Reporting Policy and Guidance. Sentinel is the preferred method of incident reporting in Defence. Further information can be accessed via the following intranet link: http://whs.eas.defence.mil.au/sentinel.htm.

41. All incidents related to asbestos exposure, or the potential for that exposure, are to be investigated in accordance with SafetyMan – Work Health and Safety Event Investigation Policy to prevent the possible recurrence of the events leading to the incident. Details are to be reported through the chain of command or management chain to the Defence Work Health and Safety Branch for review.

42. SafetyMan – Asbestos Management Procedure 07 - Asbestos Incident Management provides details on incident management, incident reporting and incident investigation requirements in Defence.

43. For contractor-controlled workplaces, incidents will be reported according to the relevant State or Territory safety legislation. Details of all incidents at the workplace and covered by the contract, including measures taken by the contractor to prevent a recurrence of the incident, will be reported to the Defence contract manager or Defence Safety Liaison Officer for review against the contractors’ asbestos management plan and the general terms of contract.

Procedure 04—Asbestos Contract and Contractor Control

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References and related documents

44. Work Health and Safety Act 2011

45. Work Health and Safety Regulations 2011, Chapter 8 Asbestos

46. Code of Practice - How to Manage and Control Asbestos in the Workplace

47. Code of Practice - How to Safely Remove Asbestos

48. SafetyMan

48.1. Hazardous Chemicals Management Policy suite

48.2. Asbestos Management Policy suite

48.3. Work Health and Safety Event (Incident) Reporting Policy and Guidance

48.4. Work Health and Safety Event Investigation Policy suite.

49. Australian Standards 4964:2004 - Method for the Qualitative Identification of Asbestos in Bulk Samples

50. Defence Asbestos and Hazardous Chemicals Exposure Scheme (DAHCES) - Telephone 1800 DEFENCE (1800 333 362)

51. Work Health and Safety Branch – Asbestos webpage

52. Defence Work Health and Safety Branch Sentinel Business Support Team - contact help desk on 1800 220 820 or email whs.sentinel@defence.gov.au

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017

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ASBESTOS MANAGEMENT PROCEDURE 05 - REMOVAL OF ASBESTOS FROM THE WORKPLACE

1. This procedure provides work health and safety information relating to the SafetyMan – Asbestos Management Policy and Guidance.

Introduction

2. Contractors and sub-contractors are to be qualified and licensed for the work being undertaken and must comply with the provisions of the Work Health and Safety Act 2011, the Work Health and Safety Regulations 2011, Chapter 8 - Asbestos (Annex A), and associated Codes of Practice. Cross-jurisdictional licenses are to be checked to confirm they comply with the Commonwealth version of the harmonised work health and safety legislation.

3. In an emergency situation asbestos may be removed by Defence personnel only if they are qualified, trained and licensed in accordance with the provisions of the Work Health and Safety Act 2011, the Work Health and Safety Regulations 2011 and associated Codes of Practice.

4. The general duty of care obligations of officers of the Person Conducting a Business or Undertaking must be maintained at all times when managing the risks associated with asbestos in Defence-controlled workplaces.

Asbestos removal

5. Defence does not maintain a dedicated, in-house asbestos removal capability. When asbestos removal is needed, Defence engages contractors who are licensed to work in the state or territory where the work is to be undertaken. Notwithstanding, in emergency situations and in accordance with paragraph 3 asbestos removal tasks may be undertaken by Defence personnel.

6. Asbestos and asbestos containing material may be removed in the following circumstance:

6.1. if the risk assessment indicates the need for removal;

6.2. the asbestos risk/hazard cannot be eliminated by enclosing, encapsulating and/or sealing and removal of high-risk and/or friable asbestos or asbestos containing material in a poor condition is an immediate priority; and

6.3. where feasible, asbestos and asbestos-containing material should be removed during scheduled renovation, refurbishment, demolition and maintenance works instead of enclosing, encapsulating or sealing.

Removal licensing

7. The Work Health and Safety Regulations 2011 set out a framework for managing asbestos-containing material in the workplace.

Procedure 05 - Removal of Asbestos from the Workplace

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8. Removal of asbestos is to be undertaken by accredited agencies (specialist contractors) and licensed personnel only. Specialist contractors should undertake all asbestos removal, unless there is no practical alternative.

9. Defence is to ensure that contracted asbestos removal personnel are licensed, trained, inducted, informed and supervised in accordance with Work Health and Safety Regulations 2011, Regulations 458-462 – Asbestos Removal Work (Annex A). Specialist contractors are also required to meet any applicable state/territory licensing and removal requirements.

10. Defence is to provide, and the contractor is to seek, the applicable asbestos registers related to the work being undertaken. The Code of Practice - How to Safely Remove Asbestos is to be used as a guide by Defence contract managers and Defence Safety Liaison Officers for monitoring the performance of the contractor.

11. Under Work Health and Safety Regulations 2011, Regulation 488 – Recognition of asbestos removal licences in other jurisdictions (Annex A), asbestos removal licenses are recognised across each jurisdiction.

Asbestos-related work

12. Defence personnel may undertake asbestos-related work on Defence establishments where non-friable asbestos-containing material will be encountered, in areas of 10m2 or less. Work may take place as part of minor routine maintenance work including the removal of asbestos or asbestos-containing material in the form of gaskets or brake components in accordance with procedures outlined in the code of practice.

13. Defence must ensure that a competent person (such as an occupational hygienist or asbestos assessor) carries out air monitoring of the workplace (in accordance with the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Dust [National Occupational Health and Safety Commission: 3003 (1988)]) where asbestos-related work is being carried out if there is uncertainty as to whether the exposure standard is likely to be exceeded.

14. Where this situation occurs, Defence is to direct the contractor/worker(s) involved with the asbestos-related work or removal works to ensure that the asbestos management plan caters for the worst case management requirements.

Asbestos removal plan

15. The asbestos removalist must prepare an asbestos removal plan for the contracted work and provide details to the Defence contract manager, the local commander/manager, Defence Safety Liaison Officer and Regional Asbestos Officer. The asbestos removal plan must include:

15.1. details of how the asbestos removal will be carried out, including the method to be used and the tools, equipment and personal protective equipment to be used; and

15.2. details of the asbestos to be removed, including the location, type and condition of the asbestos.

16. The asbestos removal plan should also include how other hazards/risks shall be managed—such as confined spaces, heights/falls, heat stress, and the use of electrical equipment and electricity.

17. The asbestos removal plan is to be readily accessible for the period of the contract and until the asbestos removal work has been completed. All plans must be reviewed by a competent person such as an occupational hygienist or an asbestos assessor. The

Procedure 05 - Removal of Asbestos from the Workplace

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Defence Work Health and Safety Services Standing Offer Panel (SON2405851) provide contact details for occupational hygienists.

Notification to the regulator

18. The asbestos removalist is to notify the regulator in writing at least five days before the licensed asbestos removal work is undertaken. In the case of an emergency removal the removalist is to notify the regulator immediately by telephone and within 24 hours in writing. The notification to remove asbestos must include the requirements set out under section 3.6 of the Code of Practice - How to Safely Remove Asbestos.

Emergency demolition

19. Any emergency that requires the demolition of a structure (domestic premises excluded for this procedure) or equipment that contains asbestos or asbestos-containing material is to be notified to the Regulator before the demolition work starts.

20. A procedure is to be developed by the demolition contractor that will, so far as is reasonably practicable, reduce the risk of exposure—to less than the exposure standard—of workers and persons in the vicinity of the demolition. The procedure will consider the requirements of the asbestos register and is to be provided to the regulator before work commences.

Asbestos disposal

21. All state and territory legislation requires both friable and non-friable asbestos to be disposed of at a site authorised to accept asbestos waste. Under state and territory-specific legislation, operators of waste facilities are required to obtain a license from the environment protection authority in their jurisdiction to allow them to accept asbestos-containing material waste.

22. Table 1 summarises the state/territory legislation containing the regulatory framework associated with the issue of licenses in relation to asbestos waste.

Table 1 – State/territory asbestos waste legislative frameworks

State/territory Governing authority Relevant legislation

New South Wales New South Wales Environmental Protection Authority

Protection of the Environment Operations Act 1999

Northern Territory Northern Territory Environmental Protection Authority

Waste Management Pollution and Control Act

Queensland Queensland Department of Environment and Heritage Protection

Environmental Protection Regulation 2008

Western Australia Western Australian Department of Environment Regulation

Environmental Protection Act 1986

Tasmania Environmental Protection Authority of Tasmania

Environmental Management and Pollution Control (Waste Management) Regulations 2010

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Victoria Environmental Protection Authority of Victoria

Environment Protection Act 1970

South Australia Environmental Protection Authority of South Australia

Environment Protection Act 1993

Australian Capital Territory

Australian Capital Territory Environment and Planning Directorate

Environment Protection Act 1997

Transport and disposal

23. The asbestos removalist must ensure that asbestos waste is contained and labelled in accordance with the Globally Harmonized System for the Identification and Labelling of Hazardous Chemicals before the waste is removed from an asbestos removal area. Asbestos waste is to be disposed of as soon as practicable at a site authorised to accept asbestos waste.

24. Transport and disposal of asbestos waste, including contaminated Personal Protective Equipment, are only to be carried out in a manner that will prevent the liberation of asbestos fibres into the atmosphere.

25. Asbestos waste is not to be stored for extended periods or buried on Defence property. Details of transfer and disposal of asbestos waste are to be recorded in an asbestos register.

26. For asbestos-containing material items from plant or equipment, when correctly bagged, the collected asbestos-containing material can be transported to the regional Joint Logistics Unit by unit means. However, the Joint Logistics Unit must be contacted prior to moving the asbestos-containing material as it may be more cost-effective to have an approved contractor collect directly from the unit. The cost of this collection or disposal will initially be met by the Joint Logistics Unit.

Waste containers

27. Where specialist asbestos containers are not available, asbestos waste should be collected in suitable containers such as heavy duty polyethylene bags. Bags must be heavy duty (thickness at least 200 μm), made of clear plastic and no more than 1200 mm long and 900mm wide to prevent manual task injuries. Containers/bags must be marked with the label ‘Caution: Asbestos—do not open or damage bag, do not inhale dust’.

28. Asbestos waste disposal bags must not be filled to more than 50 per cent capacity and must be double-bagged to reduce the chance of the bags rupturing.

Asbestos-contaminated soil removal

29. Asbestos contamination of soil may be detected during building and road construction and excavation, waste disposal, damage following a severe weather event, weathering over time, or when asbestos is inappropriately handled or damaged during removal jobs. Asbestos-contaminated soil must be managed and may require removal.

30. Naturally occurring asbestos is not considered contamination whilst in situ. However, once disturbed, naturally occurring asbestos poses the same potential health risk as other asbestos. Therefore sites containing naturally occurring asbestos require appropriate management.

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31. A risk assessment by an independent, licensed asbestos assessor or competent person, including contaminated site assessment practitioners, should determine the most appropriate control measures and remediation strategies.

32. Asbestos-contaminated soil is also subject to requirements of other regulatory agencies such as the Environmental Protection Agency, public health agencies and local governments.

33. Guidance on the assessment and remediation of contaminated sites is in the Assessment of Contaminated Sites National Environmental Protection Measure. The National Environmental Protection Measure is published by the Environmental Protection Heritage Council. Other state and territory environmental legislation may also need to be considered when dealing with asbestos-contaminated soils.

References and related documents

34. Work Health and Safety Act 2011

35. Work Health and Safety Regulations 2011 Chapter 8 Asbestos

36. Code of Practice - How to Safely Remove Asbestos

37. Code of Practice - How to Manage and Control Asbestos in the Workplace

38. Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres 2nd Edition

39. Globally Harmonized System for the Identification and Labelling of Hazardous Chemicals

40. SafetyMan:

40.1. Hazardous Chemicals Management Policy suite;

40.2. Asbestos Management Policy suite;

40.3. Work Health and Safety Event (Incident) Reporting Policy and Guidance; and

40.4. Work Health and Safety Event Investigation Policy.

41. ABR 6303, Section 4, Chapter 23 - Asbestos

42. AAP 6730.001, Section 4, Chapter 4 - Asbestos;

43. Protection of the Environment Operations Act 1997

44. Waste Management Pollution and Control Act

45. Environmental Protection Regulation 2008

46. Environmental Protection Act 1986

47. Environmental Management and Pollution Control (Waste Management) Regulations 2010

48. Environment Protection Act 1970

49. Environment Protection Act 1993

50. Environment Protection Act 1997

51. National Environment Protection Council

52. Work Health and Safety Branch – Asbestos webpage

53. Defence Asbestos and Hazardous Chemicals Exposure Scheme (DAHCES) - telephone 1800 DEFENCE (1800 333 362)

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54. Defence Work Health and Safety Branch Business Support Team - telephone 1800 220 820 or e-mail WHS.Sentinel@defence.gov.au.

Annex

A. Work Health and Safety Regulations 2011, Chapter 8 – Asbestos

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Annex A

Work Health and Safety Regulations 2011

Chapter 8 Asbestos

Part 8.1 Prohibitions and Authorised Conduct

419 Work involving asbestos or ACM—prohibitions and exceptions

(1) A person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, work involving asbestos.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) In this regulation, work involves asbestos if the work involves manufacturing, supplying, transporting, storing, removing, using, installing, handling, treating, disposing of or disturbing asbestos or ACM.

(3) Subregulation (1) does not apply if the work involving asbestos is any of the following:

(a) genuine research and analysis;

(b) sampling and identification in accordance with these Regulations;

(c) maintenance of, or service work on, non-friable asbestos or ACM, fixed or installed before 31 December 2003, in accordance with these Regulations;

(d) removal or disposal of asbestos or ACM, including demolition, in accordance with these Regulations;

(e) the transport and disposal of asbestos or asbestos waste in accordance with [jurisdictional legislation];

Note

See jurisdictional note in the Appendix.

(f) demonstrations, education or practical training in relation to asbestos or ACM;

(g) display, or preparation or maintenance for display, of an artefact or thing that is, or includes, asbestos or ACM;

(h) management in accordance with these Regulations of in situ asbestos that was installed or fixed before 31 December 2003;

(i) work that disturbs asbestos during mining operations that involve the extraction of, or exploration for, a mineral other than asbestos;

(j) laundering asbestos contaminated clothing in accordance with these Regulations.

(4) Subregulation (1) does not apply if the regulator approves the method adopted for managing risk associated with asbestos.

(5) Subregulation (1) does not apply to the following:

(a) soil that a competent person has determined:

(i) does not contain any visible ACM or friable asbestos; or

(ii) if friable asbestos is visible—does not contain more than trace levels of asbestos determined in accordance with AS 4964:2004 (Method for the qualitative identification of asbestos in bulk samples);

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(b) naturally occurring asbestos managed in accordance with an asbestos management plan prepared under regulation 432.

Part 8.2 General Duty

420 Exposure to airborne asbestos at workplace

(1) A person conducting a business or undertaking at a workplace must ensure that:

(a) exposure of a person at the workplace to airborne asbestos is eliminated so far as is reasonably practicable; and

(b) if it not reasonably practicable to eliminate exposure to airborne asbestos—exposure is minimised so far as is reasonably practicable.

Note

WHS Act—section 19 (see regulation 9).

(2) A person conducting a business or undertaking at a workplace must ensure that the exposure standard for asbestos is not exceeded at the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) Subregulations (1)(a) and (2) do not apply in relation to an asbestos removal area:

(a) that is enclosed to prevent the release of respirable asbestos fibres in accordance with regulation 477; and

(b) in which negative pressure is used in accordance with that regulation.

Part 8.3 Management of Asbestos and Associated Risks

421 Application of Part 8.3

(1) This Part does not apply to naturally occurring asbestos.

(2) Regulations 425, 426, 427, 428, 429 and 430 do not apply to any part of residential premises that is used only for residential purposes.

422 Asbestos to be identified or assumed at workplace

(1) A person with management or control of a workplace must ensure, so far as is reasonably practicable, that all asbestos or ACM at the workplace is identified by a competent person.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) A person with management or control of a workplace must:

(a) if material at the workplace cannot be identified but a competent person reasonably believes that the material is asbestos or ACM—assume that the material is asbestos; and

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(b) if part of the workplace is inaccessible to workers and likely to contain asbestos or ACM—assume that asbestos is present in the part of the workplace.

(3) Subregulation (1) does not apply if the person:

(a) assumes that asbestos or ACM is present; or

(b) has reasonable grounds to believe that asbestos or ACM is not present.

(4) If asbestos or ACM is assumed to be present at a workplace, it is taken to be identified at the workplace.

423 Analysis of sample

(1) A person with management or control of a workplace may identify asbestos or ACM by arranging for a sample of material at the workplace to be analysed for the presence of asbestos or ACM.

(2) If a person with management or control of a workplace arranges for an analysis, the person must ensure that the sample is analysed only by:

(a) a NATA-accredited laboratory accredited for the relevant test method; or

(b) a laboratory approved by the regulator in accordance with guidelines published by Safe Work Australia; or

(c) a laboratory operated by the regulator.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

424 Presence and location of asbestos to be indicated

A person with management or control of a workplace must ensure that:

(a) the presence and location of asbestos or ACM identified at the workplace under regulation 422 is clearly indicated; and

(b) if it is reasonably practicable to do so, indicate the presence and location of the asbestos or ACM by a label.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

425 Asbestos register

(1) A person with management or control of a workplace must ensure that a register (an asbestos register) is prepared and kept at the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

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(2) The person must ensure that the asbestos register is maintained to ensure the information in the register is up to date.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(3) The asbestos register must:

(a) record any asbestos or ACM identified at the workplace under regulation 422, or likely to be present at the workplace from time to time including:

(i) the date on which the asbestos or ACM was identified; and

(ii) the location, type and condition of the asbestos or ACM; or

(b) state that no asbestos or ACM is identified at the workplace if the person knows that no asbestos or ACM is identified, or is likely to be present from time to time, at the workplace.

(4) The person is not required to prepare an asbestos register for a workplace if a register has already been prepared for that workplace.

(5) Subject to subregulation (6), this regulation applies to buildings whenever constructed.

(6) This regulation does not apply to a workplace if:

(a) the workplace is a building that was constructed after 31 December 2003; and

(b) no asbestos has been identified at the workplace; and

(c) no asbestos is likely to be present at the workplace from time to time.

426 Review of asbestos register

A person with management or control of a workplace where an asbestos register is kept must ensure that the register is reviewed and as necessary revised if:

(a) the asbestos management plan is reviewed under regulation 430; or

(b) further asbestos or ACM is identified at the workplace; or

(c) asbestos is removed from, or disturbed, sealed or enclosed at, the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

427 Access to asbestos register

(1) A person with management or control of a workplace where an asbestos register is kept must ensure that the asbestos register is readily accessible to:

(a) a worker who has carried out, carries out or intends to carry out, work at the workplace; and

(b) a health and safety representative who represents a worker referred to in paragraph (a); and

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(c) a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and

(d) a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(2) If a person conducting a business or undertaking carries out, or intends to carry out, work at a workplace that involves a risk of exposure to airborne asbestos, the person with management or control of the workplace must ensure that the person is given a copy of the asbestos register.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

428 Transfer of asbestos register by person relinquishing management or control

If a person with management or control of a workplace plans to relinquish management or control of the workplace, the person must ensure, so far as is reasonably practicable, that the asbestos register is given to the person, if any, assuming management or control of the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

429 Asbestos management plan

(1) This regulation applies if asbestos or ACM is:

(a) identified at a workplace under regulation 422; or

(b) likely to be present at a workplace from time to time.

(2) A person with management or control of the workplace must ensure that a written plan (an asbestos management plan) for the workplace is prepared.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) A person with management or control of the workplace must ensure that the asbestos management plan is maintained to ensure the information in the plan is up to date.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(4) An asbestos management plan must include information about the following:

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(a) the identification of asbestos or ACM;

Example

A reference or link to the asbestos register for the workplace and signage and labelling.

(b) decisions, and reasons for decisions, about the management of asbestos at the workplace;

Example

Safe work procedures and control measures.

(c) procedures for detailing incidents or emergencies involving asbestos or ACM at the workplace;

(d) workers carrying out work involving asbestos.

Example

Consultation, responsibilities, information and training.

(5) A person with management or control of a workplace must ensure that a copy of the asbestos management plan for the workplace is readily accessible to:

(a) a worker who has carried out, carries out or intends to carry out, work at the workplace; and

(b) a health and safety representative who represents a worker referred to in paragraph (a); and

(c) a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and

(d) a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

430 Review of asbestos management plan

(1) A person with management or control of a workplace that has an asbestos management plan must ensure that the plan is reviewed and as necessary revised in the following circumstances:

(a) there is a review of the asbestos register or a control measure;

(b) asbestos is removed from, or disturbed, sealed or enclosed at, the workplace;

(c) the plan is no longer adequate for managing asbestos or ACM at the workplace;

(d) a health and safety representative requests a review under subregulation (2);

(e) at least once every 5 years.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

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(2) A health and safety representative for workers at a workplace may request a review of an asbestos management plan if the representative reasonably believes that:

(a) a circumstance referred to in subregulation (1)(a), (b) or (c) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and

(b) the person with management and control of the workplace has not adequately reviewed the asbestos management plan in response to the circumstance.

Part 8.4 Management of Naturally Occurring Asbestos

431 Naturally occurring asbestos

The person with management or control of a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with naturally occurring asbestos at the workplace.

Note

WHS Act—section 20 (see regulation 9).

432 Asbestos management plan

(1) This regulation applies if naturally occurring asbestos is:

(a) identified at a workplace; or

(b) likely to be present at a workplace.

(2) A person with management or control of the workplace must ensure that a written plan (an asbestos management plan) for the workplace is prepared in relation to the naturally occurring asbestos.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) A person with management or control of the workplace must ensure that the asbestos management plan is maintained to ensure the information in the plan is up to date.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(4) An asbestos management plan must include information about the following:

(a) the identification of naturally occurring asbestos;

(b) decisions, and reasons for decisions, about the management of naturally occurring asbestos at the workplace;

Example

Safe work procedures and control measures.

(c) procedures for detailing incidents or emergencies involving naturally occurring asbestos at the workplace;

(d) workers carrying out work involving naturally occurring asbestos.

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Example

Consultation, responsibilities, information and training.

(5) A person with management or control of a workplace must ensure that a copy of the asbestos management plan for naturally occurring asbestos at the workplace is readily accessible to:

(a) a worker who has carried out, carries out or intends to carry out, work at the workplace; and

(b) a health and safety representative who represents a worker referred to in paragraph (a); and

(c) a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and

(d) a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

433 Review of asbestos management plan

A person with management or control of a workplace that has an asbestos management plan for naturally occurring asbestos must ensure that the plan is reviewed and as necessary revised if the plan is no longer adequate for managing naturally occurring asbestos at the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

Example

A control measure is revised under regulation 38.

434 Training in relation to naturally occurring asbestos

A person conducting a business or undertaking must ensure that the training required under regulation 445 includes training in the hazards and risks associated with naturally occurring asbestos for workers who carry out work where naturally occurring asbestos is likely to be found.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Part 8.5 Asbestos at the Workplace

Division 1 Health monitoring

435 Duty to provide health monitoring

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(1) A person conducting a business or undertaking must ensure that health monitoring is provided, in accordance with regulation 436, to a worker carrying out work for the business or undertaking if the worker is:

(a) carrying out licensed asbestos removal work at a workplace and is at risk of exposure to asbestos when carrying out the work; or

(b) is carrying out other ongoing asbestos removal work or asbestos-related work and is at risk of exposure to asbestos when carrying out the work.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) For the purposes of subregulation (1)(a), the person must ensure that the health monitoring of the worker commences before the worker carries out licensed asbestos removal work.

(3) The person must ensure that the worker is informed of any health monitoring requirements before the worker carries out any work that may expose the worker to asbestos.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

436 Duty to ensure that appropriate health monitoring is provided

A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in regulation 435 includes:

(a) consideration of:

(i) the worker's demographic, medical and occupational history; and

(ii) records of the worker's personal exposure; and

(b) a physical examination of the worker,

unless another type of health monitoring is recommended by a registered medical practitioner.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

437 Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience

(1) A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in regulation 435 is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

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(2) The person must consult the worker in relation to the selection of the registered medical practitioner.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

438 Duty to pay costs of health monitoring

(1) A person conducting a business or undertaking must pay all expenses relating to health monitoring referred to in regulation 435.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(2) If 2 or more persons conducting businesses or undertakings have a duty to provide health monitoring for a worker and have arranged for one of them to commission the health monitoring, the costs of the health monitoring for which any of those persons is liable must be apportioned equally between each of those persons unless they agree otherwise.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

439 Information that must be provided to registered medical practitioner

A person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring:

(a) the name and address of the person conducting the business or undertaking;

(b) the name and date of birth of the worker;

(c) the work that the worker is, or will be, carrying out that has triggered the requirement for health monitoring;

(d) if the worker has started that work, how long the worker has been carrying out that work.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

440 Duty to obtain health monitoring report

(1) A person conducting a business or undertaking who commissioned health monitoring referred to in regulation 435 must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker.

Maximum penalty:

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In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) The health monitoring report must include the following:

(a) the name and date of birth of the worker;

(b) the name and registration number of the registered medical practitioner;

(c) the name and address of the person conducting the business or undertaking who commissioned the health monitoring;

(d) the date of health monitoring;

(e) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring;

(f) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring;

(g) whether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring.

441 Duty to give health monitoring report to worker

A person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to the worker as soon as practicable after the person obtains the report.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

442 Duty to give health monitoring report to regulator

A person conducting a business or undertaking for which a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to a worker to the regulator as soon as practicable after obtaining the report if the report contains:

(a) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring; or

(b) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work referred to in regulation 435.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

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443 Duty to give health monitoring report to relevant persons conducting businesses or undertakings

A person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to all other persons conducting businesses or undertakings who have a duty to provide health monitoring for the worker as soon as practicable after obtaining the report.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

444 Health monitoring records

(1) A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record:

(a) identified as a record in relation to the worker; and

(b) for at least 40 years after the record is made.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(2) The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker's written consent.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(3) Subregulation (2) does not apply if the record is disclosed under regulation 442 or 443 or to a person who must keep the record confidential under a duty of professional confidentiality.

Division 2 Training

445 Duty to train workers about asbestos

(1) In addition to the training required by Division 1 of Part 3.2, a person conducting a business or undertaking must ensure that workers engaged by the person, whom the person reasonably believes may be involved in asbestos removal work or in the carrying out of asbestos-related work, are trained in the identification and safe handling of, and suitable control measures for, asbestos and ACM.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) This regulation does not apply in relation to a worker referred to in regulation 460.

(3) The person must ensure that a record is kept of the training undertaken by the worker:

(a) while the worker is carrying out the work; and

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(b) for 5 years after the day the worker ceases working for the person.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(4) The person must keep the record available for inspection under the Act.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

Division 3 Control on use of certain equipment

446 Duty to limit use of equipment

(1) A person conducting a business or undertaking must not use, or direct or allow a worker to use, either of the following on asbestos or ACM:

(a) high-pressure water spray;

(b) compressed air.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(2) Subregulation (1)(a) does not apply to the use of a high pressure water spray for fire fighting or fire protection purposes.

(3) A person conducting a business or undertaking must not use, or direct or allow a worker to use, any of the following equipment on asbestos or ACM unless the use of the equipment is controlled:

(a) power tools;

(b) brooms;

(c) any other implements that cause the release of airborne asbestos into the atmosphere.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(4) In subregulation (3), the use of equipment is controlled if:

(a) the equipment is enclosed during its use; or

(b) the equipment is designed to capture or suppress airborne asbestos and is used in accordance with its design; or

(c) the equipment is used in a way that is designed to capture or suppress airborne asbestos safely; or

(d) any combination of paragraphs (a), (b) and (c) applies.

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Part 8.6 Demolition and Refurbishment

447 Application—Part 8.6

(1) This Part applies to the demolition or refurbishment of a structure or plant constructed or installed before 31 December 2003.

(2) In this regulation, demolition or refurbishment does not include minor or routine maintenance work, or other minor work.

448 Review of asbestos register

The person with management or control of a workplace must ensure that, before demolition or refurbishment is carried out at the workplace, the asbestos register for the workplace is:

(a) reviewed; and

(b) if the register is inadequate having regard to the proposed demolition or refurbishment—revised.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

Example

The register identifies an inaccessible area that is likely to contain asbestos and the area is likely to be accessible because of demolition.

449 Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment

The person with management or control of a workplace must ensure that the person conducting a business or undertaking who carries out the demolition or refurbishment is given a copy of the asbestos register before the demolition or refurbishment is commenced.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

450 Duty to obtain asbestos register

A person conducting a business or undertaking who carries out demolition or refurbishment at a workplace must obtain a copy of the asbestos register from the person with management or control of the workplace, before the person commences the demolition or refurbishment.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

451 Determining presence of asbestos or ACM

(1) This regulation applies if:

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(a) demolition or refurbishment is to be carried out at a workplace; and

(b) there is no asbestos register for the structure or plant to be demolished or refurbished at the workplace.

(2) The person conducting a business or undertaking who is to carry out the demolition or refurbishment must not carry out the demolition or refurbishment until the structure or plant has been inspected to determine whether asbestos or ACM is fixed to or installed in the structure or plant.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) The person conducting a business or undertaking who is to carry out the demolition or refurbishment must ensure that the determination is undertaken by a competent person.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(4) The person conducting a business or undertaking who is to carry out the demolition or refurbishment must assume that asbestos or ACM is fixed to or installed in the structure or plant if:

(a) the competent person is, on reasonable grounds, uncertain whether or not asbestos is fixed to or installed in the structure or plant; or

(b) part of the structure or plant is inaccessible and likely to be disturbed.

(5) If asbestos or ACM is determined or assumed to be fixed to or installed in the structure or plant, the person conducting a business or undertaking who is to carry out the demolition or refurbishment must inform:

(a) if the workplace is residential premises:

(i) the occupier of the premises; and

(ii) the owner of the premises; and

(b) in any other case—the person with management or control of the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

452 Identification and removal of asbestos before demolition

(1) This regulation applies if a structure or plant at a workplace is to be demolished.

(2) This regulation does not apply:

(a) in an emergency to which regulation 454 applies; or

(b) to residential premises.

(3) The person with management or control of the workplace, or of the structure or plant, must ensure:

(a) that all asbestos that is likely to be disturbed by the demolition is identified; and

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(b) so far as is reasonably practicable, that the asbestos is removed before the demolition is commenced.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(4) Subregulation (3)(b) does not apply if the purpose of the demolition is to gain access to the asbestos.

453 Identification and removal of asbestos before demolition of residential premises

(1) A person conducting a business or undertaking that is to carry out the demolition of residential premises must ensure:

(a) that all asbestos that is likely to be disturbed by the demolition is identified; and

(b) so far as is reasonably practicable, that the asbestos is removed before the demolition is commenced.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) This regulation does not apply in an emergency to which regulation 455 applies.

(3) Subregulation (1)(b) does not apply if the purpose of the demolition is to gain access to the asbestos.

454 Emergency procedure

(1) This regulation applies if:

(a) an emergency occurs at a workplace other than residential premises; and

(b) a structure or plant at the workplace must be demolished; and

(c) asbestos is fixed to or installed in the structure or plant before the emergency occurs.

(2) The person with management or control of the workplace must ensure, so far as is reasonably practicable, that:

(a) before the demolition is commenced, a procedure is developed that will, so far as is reasonably practicable, reduce the risk of exposure of workers and persons in the vicinity of the demolition site to asbestos to below the exposure standard; and

(b) the asbestos register for the workplace is considered in the development of the procedure.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(3) The person must ensure that the regulator is given written notice about the emergency:

(a) immediately after the person becomes aware of the emergency; and

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(b) before the demolition is commenced.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(4) For the purposes of this regulation, an emergency occurs if:

(a) a structure or plant is structurally unsound; or

(b) collapse of the structure or plant is imminent.

455 Emergency procedure—residential premises

(1) This regulation applies if:

(a) an emergency occurs at residential premises; and

(b) a structure or plant at the premises must be demolished; and

(c) asbestos is fixed to or installed in the structure or plant before the emergency occurs.

(2) A person conducting a business or undertaking who is to carry out the demolition of the residential premises must ensure so far as is reasonably practicable, that, before the demolition is commenced, a procedure is developed that will, so far as is reasonably practicable, reduce the risk of exposure of workers and persons in the vicinity of the demolition site to asbestos to below the exposure standard.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(3) The person must ensure that the regulator is given written notice about the emergency:

(a) immediately after the person becomes aware of the emergency; and

(b) before the demolition is commenced.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(4) For the purposes of this regulation, an emergency occurs if:

(a) a structure or plant is structurally unsound; or

(b) collapse of the structure or plant is imminent.

456 Identification and removal of asbestos before refurbishment

(1) This regulation applies if a structure or plant at a workplace is to be refurbished.

(2) This regulation does not apply to residential premises.

(3) The person with management or control of the workplace, or of the structure or plant, must ensure:

(a) that all asbestos that is likely to be disturbed by the refurbishment is identified; and

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(b) so far as is reasonably practicable, that the asbestos is removed before the refurbishment is commenced.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

457 Refurbishment of residential premises

A person conducting a business or undertaking who is to carry out refurbishment of residential premises must ensure:

(a) that all asbestos that is likely to be disturbed by the refurbishment is identified; and

(b) so far as is reasonably practicable, that the asbestos is removed before the refurbishment is commenced.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Part 8.7 Asbestos Removal Work

Note

In this Part some duties are placed on licensed asbestos removalists and some on asbestos removalists generally.

458 Duty to ensure asbestos removalist is licensed

(1) A person conducting a business or undertaking that commissions the removal of asbestos must ensure that the asbestos removal work is carried out by a licensed asbestos removalist who is licensed to carry out the work.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) Subregulation (1) does not apply if the asbestos to be removed is:

(a) 10 square metres or less of non-friable asbestos or ACD associated with the removal of that amount of non-friable asbestos; or

(b) ACD that is not associated with the removal of friable or non-friable asbestos and is only a minor contamination.

(3) If subregulation (2) applies, the person conducting the business or undertaking that commissions the asbestos removal work must ensure that the work is carried out by a competent person who has been trained in accordance with regulation 445.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

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459 Asbestos removal supervisor must be present or readily available

A licensed asbestos removalist must ensure that the nominated asbestos removal supervisor for asbestos removal work is:

(a) if the asbestos removal work requires a Class A asbestos removal licence—present at the asbestos removal area whenever the asbestos removal work is being carried out; and

(b) if the asbestos removal work requires a Class B asbestos removal licence—readily available to a worker carrying out asbestos removal work whenever the work is being carried out.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

460 Asbestos removal worker must be trained

(1) A licensed asbestos removalist must not direct or allow a worker to carry out licensed asbestos removal work unless the removalist is satisfied that the worker holds a certification in relation to the specified VET course for asbestos removal relevant to the class of licensed asbestos removal work to be carried out by the worker.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) A licensed asbestos removalist must provide appropriate training to a worker carrying out licensed asbestos removal work at a workplace to ensure that the work is carried out in accordance with the asbestos removal control plan for the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) In this regulation, appropriate training means training designed specifically for the workplace where the licensed asbestos removal work is carried out and the work to be carried out at the workplace.

Note

Unless this regulation applies, the obligation to provide training to workers carrying out unlicensed asbestos removal work is set out in regulation 445.

461 Licensed asbestos removalist must keep training records

(1) A licensed asbestos removalist must keep a record of the training undertaken by a worker carrying out licensed asbestos removal work:

(a) while the worker is carrying out licensed asbestos removal work; and

(b) for 5 years after the day the worker stopped carrying out licensed asbestos removal work for the removalist.

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Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(2) The licensed asbestos removalist must ensure that the training record is readily accessible at the asbestos removal area and available for inspection under the Act.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

462 Duty to give information about health risks of licensed asbestos removal work

A licensed asbestos removalist must give the following information to a person likely to be engaged to carry out licensed asbestos removal work before the person is engaged to carry out the work:

(a) the health risks and health effects associated with exposure to asbestos;

(b) the need for, and details of, health monitoring of a worker carrying out licensed asbestos removal work.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

463 Asbestos removalist must obtain register

(1) A licensed asbestos removalist must obtain a copy of the asbestos register for a workplace before the removalist carries out asbestos removal work at the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) Subregulation (1) does not apply if the asbestos removal work is to be carried out at residential premises.

464 Asbestos removal control plan

(1) A licensed asbestos removalist must prepare an asbestos removal control plan for any licensed asbestos removal work the removalist is commissioned to undertake.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) An asbestos removal control plan must include:

(a) details of how the asbestos removal will be carried out, including the method to be used and the tools, equipment and personal protective equipment to be used; and

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(b) details of the asbestos to be removed, including the location, type and condition of the asbestos.

(3) The licensed asbestos removalist must give a copy of the asbestos removal control plan to the person who commissioned the licensed asbestos removal work.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

465 Asbestos removal control plan to be kept and available

(1) Subject to subregulation (2), a licensed asbestos removalist must ensure that a copy of the asbestos removal control plan prepared under regulation 464 is kept until the asbestos removal work to which it relates is completed.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(2) If a notifiable incident occurs in connection with the asbestos removal work to which the asbestos removal control plan relates, the licensed asbestos removalist must keep the asbestos removal control plan for at least 2 years after the incident occurs.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(3) The licensed asbestos removalist must ensure that, for the period for which the asbestos removal control plan must be kept under this regulation, a copy is:

(a) readily accessible to:

(i) a person conducting a business or undertaking at the workplace; and

(ii) the person's workers at the workplace, or a health and safety representative who represents the workers; and

(iii) if the asbestos removal work is to be carried out in residential premises—the occupants of the premises; and

(b) available for inspection under the Act.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

466 Regulator must be notified of asbestos removal

(1) A licensed asbestos removalist must give written notice to the regulator at least 5 days before the removalist commences licensed asbestos removal work.

Maximum penalty:

In the case of an individual—$3 600.

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In the case of a body corporate—$18 000.

(2) Despite subregulation (1), licensed asbestos removal work may be commenced immediately if there is:

(a) a sudden and unexpected event, including a failure of equipment, that may cause persons to be exposed to respirable asbestos fibres; or

(b) an unexpected breakdown of an essential service that requires immediate rectification to enable the service to continue.

(3) If the asbestos must be removed immediately, the licensed asbestos removalist must give notice to the regulator:

(a) immediately by telephone; and

(b) in writing within 24 hours after notice is given under paragraph (a).

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(4) A notice under subregulation (1) or (3) must include the following:

(a) the following in relation to the licensed asbestos removalist:

(i) name;

(ii) registered business name;

(iii) Australian Business Number;

(iv) licence number;

(v) business contact details;

(b) the name and business contact details of the supervisor of the licensed asbestos removal work;

(c) the name of the competent person or licensed asbestos assessor engaged to carry out a clearance inspection and issue a clearance certificate for the work;

(d) the name and contact details of the person for whom the work is to be carried out;

(e) the following in relation to the workplace where the asbestos is to be removed:

(i) the name, including the registered business or company name, of the person with management or control of the workplace;

(ii) the address and, if the workplace is large, the specific location of the asbestos removal;

(iii) the kind of workplace;

(f) the date of the notice;

(g) the date when the asbestos removal work is to commence and the estimated duration of the work;

(h) whether the asbestos to be removed is friable or non-friable;

(i) if the asbestos to be removed is friable—the way the area of removal will be enclosed;

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(j) the estimated quantity of asbestos to be removed;

(k) the number of workers who are to carry out the asbestos removal work;

(l) for each worker who is to carry out asbestos removal work—details of the worker's competency to carry out asbestos removal work.

467 Licensed asbestos removalist must inform certain persons about intended asbestos removal work

(1) This regulation applies if a licensed asbestos removalist is to carry out licensed asbestos removal work at a workplace.

(2) The licensed asbestos removalist must, before commencing the licensed asbestos removal work, inform the person with management or control of the workplace:

(a) that licensed asbestos removal work is to be carried out at the workplace; and

(b) when the work is to commence.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) If the workplace is residential premises, the licensed asbestos removalist must, so far as is reasonably practicable, before commencing the licensed asbestos removal work, inform the following persons that asbestos removal work is to be carried out at the workplace, and when the work is to commence:

(a) the person who commissioned the asbestos removal work;

(b) a person conducting a business or undertaking at the workplace;

(c) the occupier of the residential premises;

(d) the owner of the residential premises;

(e) anyone occupying premises in the immediate vicinity of the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

468 Person with management or control of workplace must inform persons about asbestos removal work

(1) This regulation applies if the person with management or control of a workplace is informed that asbestos removal work is to be carried out at the workplace.

(2) The person must ensure that the following persons are informed that asbestos removal work is to be carried out at the workplace and when the work is to commence, before the work commences:

(a) the person's workers and any other persons at the workplace;

(b) the person who commissioned the asbestos removal work.

Maximum penalty:

In the case of an individual—$6 000.

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In the case of a body corporate—$30 000.

(3) The person must take all reasonable steps to ensure that the following persons are informed that asbestos removal work is to be carried out at the workplace and when the work is to commence, before the work commences:

(a) anyone conducting a business or undertaking at, or in the immediate vicinity of, the workplace;

(b) anyone occupying premises in the immediate vicinity of the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

469 Signage and barricades for asbestos removal work

An asbestos removalist must ensure that:

(a) signs alerting persons to the presence of asbestos are placed to indicate where the asbestos removal work is being carried out; and

(b) barricades are erected to delineate the asbestos removal area.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

470 Limiting access to asbestos removal area

(1) This regulation applies to:

(a) a person conducting a business or undertaking at a workplace who commissions a person to carry out licensed asbestos removal work at the workplace; and

(b) a person with management or control of a workplace who is aware that licensed asbestos removal work is being carried out at the workplace.

(2) Subject to subregulation (4), the person must ensure, so far as is reasonably practicable, that no-one other than the following has access to an asbestos removal area:

(a) workers engaged in the asbestos removal work;

(b) other persons associated with the asbestos removal work;

(c) anyone allowed under these Regulations or another law to be in the asbestos removal area.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) The person may refuse to allow access to an asbestos removal area at the workplace to anyone who does not comply with:

(a) a control measure implemented for the workplace in relation to asbestos; or

(b) a direction of the licensed asbestos removalist.

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(4) A person referred to in subregulation (2)(a), (b) or (c) has access to an asbestos removal area subject to any direction of the licensed asbestos removalist.

(5) If a person referred to in subregulation (2)(a), (b) or (c) has access to an asbestos removal area, the person must comply with any direction of the licensed asbestos removalist.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

471 Decontamination facilities

(1) An asbestos removalist must ensure that facilities are available to decontaminate the following:

(a) the asbestos removal area;

(b) any plant used in the asbestos removal area;

(c) workers carrying out asbestos removal work;

(d) other persons who have access to the asbestos removal area under regulation 470(2)(b).

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) An asbestos removalist must ensure that nothing that is likely to be contaminated with asbestos is removed from the asbestos removal area unless the thing:

(a) is decontaminated before being removed; or

(b) is sealed in a container, and the exterior of the container is, before being removed:

(i) decontaminated; and

(ii) labelled in accordance with the GHS to indicate the presence of asbestos.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

472 Disposing of asbestos waste and contaminated personal protective equipment

(1) Subject to subregulations (2) and (3), an asbestos removalist must ensure that asbestos waste:

(a) is contained and labelled in accordance with the GHS before the waste is removed from an asbestos removal area; and

(b) is disposed of as soon as practicable at a site authorised to accept asbestos waste.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

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(2) An asbestos removalist must ensure that personal protective equipment used in asbestos removal work and contaminated with asbestos:

(a) is sealed in a container before being removed from an asbestos waste area; and

(b) so far as is reasonably practicable, is disposed of on the completion of the asbestos removal work at a site authorised to accept asbestos waste; and

(c) if it is not reasonably practicable to dispose of the personal protective equipment that is clothing:

(i) is laundered at a laundry equipped to launder asbestos-contaminated clothing; or

(ii) if it is not practicable to launder the clothing—is kept in the sealed container until it is re-used for asbestos removal purposes; and

(d) if it is not reasonably practicable to dispose of the personal protective equipment that is not clothing:

(i) is decontaminated before it is removed from the asbestos removal area; or

(ii) if it is not practicable to decontaminate the equipment in the asbestos removal area—is kept in the sealed container until it is re-used for asbestos removal purposes.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Example

Work boots.

(3) An asbestos removalist must ensure that a sealed container referred to in subregulation (2) is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed from the asbestos removal area.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Note

See the jurisdictional notes in the Appendix.

473 Clearance inspection

(1) This regulation applies if a person commissions licensed asbestos removal work at a workplace.

(2) The person or, if the workplace is residential premises, the licensed asbestos removalist must ensure that, when the licensed asbestos removal work is completed, a clearance inspection of the asbestos removal area at the workplace is carried out by:

(a) if the asbestos removal work must be carried out by the holder of a Class A asbestos removal licence—an independent licensed asbestos assessor; or

(b) in any other case—an independent competent person.

Maximum penalty:

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In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) In this regulation, a clearance inspection is an inspection of an asbestos removal area after asbestos removal work has been completed to verify that the area is safe for normal use, that:

(a) includes a visual inspection; and

(b) may include air monitoring.

Note

If it is not reasonably practicable for the licensed asbestos assessor or competent person to be independent, the person or licensed asbestos removalist may apply to the regulator for an exemption under Part 11.2 from the requirement that the assessor or competent person be independent.

474 Clearance certificates

(1) This regulation applies if a clearance inspection has been made in accordance with regulation

(2) The licensed asbestos assessor or competent person who carried out the clearance inspection must issue a clearance certificate, in accordance with this regulation, before the asbestos removal area at the workplace is re-occupied.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) The licensed asbestos assessor or competent person must ensure that the asbestos removal area does not pose a risk to health and safety from exposure to asbestos.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(4) The licensed asbestos assessor or competent person must not issue a clearance certificate unless satisfied that:

(a) the asbestos removal area, and the area immediately surrounding it, are free from visible sbestos contamination; and

(b) if the assessor or competent person undertook air monitoring as part of the clearance inspection—the monitoring shows asbestos below 0·01 fibres/ml.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(5) The clearance certificate must be in writing and must state that:

(a) the assessor or competent person found no visible asbestos residue from asbestos removal work in the area, or in the vicinity of the area, where the work was carried out; and

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(b) if air monitoring was carried out by the assessor or competent person as part of the clearance inspection—the airborne asbestos fibre level was less than 0·01 asbestos fibres/mL.

Part 8.8 Asbestos Removal Requiring Class A Asbestos Removal Licence

475 Air monitoring—asbestos removal requiring Class A asbestos removal licence

(1) A person conducting a business or undertaking who commissions asbestos removal work requiring a Class A asbestos removal licence at a workplace must ensure that an independent licensed asbestos assessor undertakes air monitoring of the asbestos removal area at the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) If the workplace is residential premises, the licensed removalist carrying out asbestos removal work requiring a Class A asbestos removal licence at the premises must ensure that an independent licensed asbestos assessor undertakes air monitoring of the asbestos removal area at the premises.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) The air monitoring must be carried out:

(a) immediately before the licensed asbestos removal work commences, unless glove bags are to be used for the removal; and

(b) while the licensed asbestos removal work is carried out.

(4) The person who commissions the licensed asbestos removal work must ensure that the results of the air monitoring are given to the following:

(a) workers at the workplace;

(b) health and safety representatives for workers at the workplace;

(c) a person conducting a business or undertaking at the workplace;

(d) other persons at the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(5) If the workplace is residential premises, the licensed asbestos removalist carrying out the licensed asbestos removal work at the premises must ensure that the results of the air monitoring are given to the following:

(a) the person who commissioned the asbestos removal work;

(b) workers at the workplace;

(c) health and safety representatives for workers at the workplace;

(d) a person conducting a business or undertaking at the workplace;

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(e) the occupier of the residential premises;

(f) the owner of the residential premises;

(g) other persons at the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(6) An independent licensed asbestos assessor, who undertakes air monitoring for the purposes of this regulation, must use the membrane filter method for the air monitoring.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

476 Action if respirable asbestos fibre level too high

(1) The licensed removalist carrying out asbestos removal work requiring a Class A asbestos removal licence at a workplace must:

(a) if respirable asbestos fibre levels are recorded at the asbestos removal area at 0·01 fibres/ml or more, but not more than 0·02 fibres/ml—immediately:

(i) investigate the cause of the respirable asbestos fibre level; and

(ii) implement controls to prevent exposure of anyone to asbestos; and

(iii) prevent the further release of respirable asbestos fibres; and

(b) if respirable asbestos fibre levels are recorded at the asbestos removal area at more than 0·02 fibres/ml—immediately:

(i) order the asbestos removal work to stop; and

(ii) notify the regulator; and

(iii) investigate the cause of the respirable asbestos fibre level; and

(iv) implement controls to prevent exposure of anyone to asbestos; and

(v) prevent the further release of respirable asbestos fibre.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) If the licensed removalist stops asbestos removal work requiring a Class A asbestos removal licence because the recorded respirable asbestos fibre level exceeds 0·02 fibres/ml, the removalist must ensure that the asbestos removal work does not resume until air monitoring shows that the recorded respirable asbestos fibre level is below 0·01 fibres/ml.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

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477 Removing friable asbestos

(1) A licensed asbestos removalist removing friable asbestos must ensure, so far as is reasonably practicable, the following:

(a) the asbestos removal area is enclosed to prevent the release of respirable asbestos fibres;

(b) subject to subregulation (3), negative pressure is used;

(c) the wet method of asbestos removal is used;

(d) subject to subregulation (3), the asbestos removal work does not commence until the air monitoring is commenced by a licensed asbestos assessor;

(e) air monitoring is undertaken during the asbestos removal work, at times decided by the independent licensed asbestos assessor undertaking the monitoring;

(f) any glove bag used to enclose the asbestos removal area is dismantled and disposed of safely.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) A licensed asbestos removalist must ensure that any enclosure used in removing friable asbestos is tested for leaks.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) Subregulations (1)(b) and (1)(d) do not apply if glove bags are used in the Class A asbestos removal work.

(4) The licensed removalist must not dismantle an enclosure for a friable asbestos removal area until the removalist receives results of air monitoring, showing that the recorded respirable asbestos fibre level within the enclosure is below 0·01 fibres/ml, from:

(a) if the friable asbestos is removed from residential premises—the licensed asbestos assessor who undertook the air monitoring; or

(b) in any other case—the person who commissioned the Class A asbestos removal work.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(5) The licensed removalist must ensure that an enclosure for a friable asbestos removal area is dismantled in a way that, so far as is reasonably practicable, eliminates the release of respirable asbestos fibre.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

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(6) The person who commissioned the removal of the friable asbestos must obtain a clearance certificate from a licensed asbestos assessor after the enclosure for the friable asbestos removal area has been dismantled.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Part 8.9 Asbestos-related Work

478 Application of Part 8.9

This Part applies in relation to asbestos-related work.

479 Uncertainty as to presence of asbestos

(1) If there is uncertainty (based on reasonable grounds) as to whether work to be carried out for a business or undertaking is asbestos-related work, the person conducting the business or undertaking must ensure that analysis of a sample is undertaken to determine if asbestos or ACM is present.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) For the purposes of subregulation (1), the person must ensure that the sample is analysed only by:

(a) a NATA-accredited laboratory accredited for the relevant test method; or

(b) a laboratory approved by the regulator in accordance with guidelines published by Safe Work Australia; or

(c) a laboratory operated by the regulator.

(3) Subregulation (1) does not apply if the person assumes that asbestos is present.

480 Duty to give information about health risks of asbestos-related work

A person conducting a business or undertaking must give the following information to a person likely to be engaged to carry out asbestos-related work for the business or undertaking before the person is engaged to carry out the work:

(a) the health risks and health effects associated with exposure to asbestos;

(b) the need for, and details of, health monitoring of a worker carrying out asbestos-related work.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

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481 Asbestos-related work to be in separate area

A person conducting a business or undertaking that involves the carrying out of asbestos-related work must ensure that:

(a) the asbestos-related work area is separated from other work areas at the workplace; and

(b) signs alerting persons to the presence of asbestos are placed to indicate where the asbestos-related work is being carried out; and

(c) barricades are erected to delineate the asbestos-related work area.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

482 Air monitoring

(1) A person conducting a business or undertaking at a workplace must ensure that a competent person carries out air monitoring of the work area where asbestos-related work is being carried out if there is uncertainty as to whether the exposure standard is likely to be exceeded.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) If the competent person determines that the exposure standard has been exceeded at any time in a work area, the person conducting the business or undertaking must, so far as is reasonably practicable:

(a) determine the workers and other persons who were in the work area during that time: and

(b) warn those workers about possible exposure to respirable asbestos fibres; and

(c) so far as is reasonably practicable, warn the other persons about possible exposure to respirable asbestos fibres.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3) The person conducting the business or undertaking must ensure that information about exposure to respirable asbestos fibres, including the determination made by the competent person and the results of the air monitoring, is readily accessible to the workers and other persons referred to in subregulation (2).

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

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483 Decontamination facilities

(1) A person conducting a business or undertaking for which asbestos-related work is carried out must ensure that facilities are available to decontaminate the following:

(a) the asbestos-related work area;

(b) any plant used in the asbestos-related work area;

(c) workers carrying out the asbestos-related work.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) The person must ensure that nothing that is likely to be contaminated with asbestos is removed from the asbestos-related work area unless the thing:

(a) is decontaminated before being removed; or

(b) is sealed in a container, and the exterior of the container is:

(i) decontaminated; and

(ii) labelled in accordance with the GHS to indicate the presence of asbestos,

before being removed.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

484 Disposing of asbestos waste and contaminated personal protective equipment

(1) Subject to subregulation (2), a person conducting a business or undertaking for which asbestos-related work is carried out must ensure that asbestos waste:

(a) is contained and labelled in accordance with the GHS before the waste is removed from an asbestos-related work area; and

(b) is disposed of as soon as practicable at a site authorised to accept asbestos waste.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) The person must ensure that personal protective equipment used in asbestos-related work and contaminated with asbestos:

(a) is sealed in a container, and that the exterior of the container is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed; and

(b) so far as is reasonably practicable, is disposed of on the completion of the asbestos-related work at a site authorised to accept asbestos waste; and

(c) if it is not reasonably practicable to dispose of the personal protective equipment that is clothing:

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(i) is laundered at a laundry equipped to launder asbestos-contaminated clothing; or

(ii) if it is not practicable to launder the clothing, is kept in the sealed container until it is re-used for the purposes of asbestos-related work; and

(d) if it is not reasonably practicable to dispose of the personal protective equipment that is not clothing:

(i) is decontaminated before it is removed from the asbestos removal area; or

(ii) if it is not practicable to decontaminate the equipment in the asbestos removal area, is kept in the sealed container until it is re-used for the purposes of asbestos-related work.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Example

Work boots.

(3) The person must ensure that a sealed container referred to in subregulation (2) is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed from the asbestos-related work area.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Note

See the jurisdictional notes in the Appendix.

Part 8.10 Licensing of Asbestos Removalists and Asbestos Assessors

Division 1 Asbestos removalists—requirement to be licensed

485 Requirement to hold Class A asbestos removal licence

(1) A person must not carry out the removal of the following at a workplace unless the person, or the person on whose behalf the work is carried out, holds a Class A asbestos removal licence:

(a)friable asbestos;

(b)except as provided in regulation 486, ACD.

Note

See section 43(1) of the Act.

(2)A person who conducts a business or undertaking must not direct or allow a worker to carry out the removal of the following unless the person holds a Class A asbestos removal licence:

(a)friable asbestos;

(b)except as provided in regulation 486, ACD.

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Note

See section 43(2) of the Act.

486 Exception to requirement to hold Class A asbestos removal licence

A Class A asbestos removal licence is not required for the removal of ACD that:

(a)is associated with the removal of non-friable asbestos; or

(b)is not associated with the removal of friable or non-friable asbestos and is only a minor contamination.

487 Requirement to hold Class B asbestos removal licence

(1)A person must not carry out the removal of the following at a workplace unless the person, or the person on whose behalf the work is carried out, holds a Class B asbestos removal licence or a Class A asbestos removal licence:

(a)more than 10 square metres of non-friable asbestos or ACM;

(b)ACD associated with the removal of more than 10 square metres of non-friable asbestos or ACM.

Note

See section 43(1) of the Act.

(2)A person who conducts a business or undertaking must not direct or allow a worker to carry out the removal of the following unless the person holds a Class B asbestos removal licence or a Class A asbestos removal licence:

(a)more than 10 square metres of non-friable asbestos or ACM;

(b)ACD associated with the removal of more than 10 square metres of non-friable asbestos or ACM.

Note

See section 43(2) of the Act.

488 Recognition of asbestos removal licences in other jurisdictions

(1)In this Division, a reference to an asbestos removal licence includes a reference to an equivalent licence:

(a)granted under a corresponding WHS law; and

(b)that is being used in accordance with the terms and conditions under which it was granted.

(2)Subregulation (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.

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Division 2 Asbestos assessors—requirement to be licensed

489 Requirement to hold asbestos assessor licence

A person must not carry out the following at a workplace unless the person holds an asbestos assessor licence:

(a)air monitoring during Class A asbestos removal work;

(b)clearance inspections for Class A asbestos removal work;

(c)issuing clearance certificates in relation to Class A asbestos removal work.

Note

See section 43(1) of the Act.

490 Recognition of asbestos assessor licences in other jurisdictions

(1)In this Division, a reference to an asbestos assessor licence includes a reference to an equivalent licence:

(a)granted under a corresponding WHS law; and

(b)that is being used in accordance with the terms and conditions under which it was granted.

(2)Subregulation (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.

Division 3 Licensing process

491 Who may apply for a licence

(1)Only a person who conducts, or proposes to conduct, a business or undertaking may apply for an asbestos removal licence.

(2)Only an individual who holds the qualifications set out in regulation 495 may apply for an asbestos assessor licence.

492 Application for asbestos removal licence or asbestos assessor licence

(1)An application for an asbestos removal licence or asbestos assessor licence must be made in the manner and form required by the regulator.

(2)The application must include the following information:

(a)the name and address of the applicant;

(ab)if required by the regulator of an applicant who is an individual, a photograph of the applicant in the form required by the regulator;

(b)any other evidence of the applicant's identity required by the regulator;

(c)the class of licence to which the application relates;

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(d)if, in the case of an asbestos removal licence, the applicant conducts the business or undertaking under a business name—that business name and a certificate or other written evidence of the registration of the business name;

(e)a declaration that the applicant does not hold an equivalent licence under a corresponding WHS law;

(f)if the applicant is an individual:

(i)a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or these Regulations or under any corresponding WHS law; and

Note

See the jurisdictional note in the Appendix.

(ii)details of any conviction or finding of guilt declared under subparagraph (i); and

(iii)a declaration as to whether or not the applicant has been convicted or found guilty of any offence in relation to the unlawful disposal of hazardous waste under [a relevant environment protection law]; and

Note

See the jurisdictional note in the Appendix.

(iv)details of any conviction or finding of guilt declared under subparagraph (iii); and

(v)a declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law; and

(vi)details of any enforceable undertaking declared under subparagraph (v); and

(vii)if the applicant has previously been refused an equivalent licence under a corresponding WHS law, a declaration giving details of that refusal; and

(viii)if the applicant has previously held an equivalent licence under a corresponding WHS law, a declaration:

(A)describing any condition imposed on that licence; and

(B)stating whether or not that licence had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any licence; and

(C)giving details of any suspension, cancellation or disqualification;

(g)if the applicant is a body corporate, the information referred to in paragraph (f) in relation to:

(i)the body corporate; and

(ii)each officer of the body corporate;

(h)in the case of an application for an asbestos removal licence—the additional information referred to in regulation 493 or 494, as applicable;

(i)in the case of an asbestos assessor licence—the additional information referred to in regulation 495.

Note

See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

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(3)The application must be accompanied by the relevant fee.

493 Content of application—Class A asbestos removal licence

(1)For the purposes of regulation 492(2)(h), an application for a Class A asbestos removal licence must include the following:

(a)the names of 1 or more competent persons who have been engaged by the applicant to supervise the asbestos removal work to be authorised by the licence;

(b)evidence, as required by the regulator, that each named supervisor is at least 18 years of age;

(c)a copy of a certification issued to each named supervisor for the specified VET course for the supervision of asbestos removal work;

(d)evidence that each named supervisor has at least 3 years of relevant industry experience;

(e)evidence that the applicant has a certified safety management system in place.

(2)If the applicant is an individual who proposes to supervise the carrying out of the Class A asbestos removal work, the statement and information referred to in subregulation (1)(b), (c) and (d) must relate to the applicant.

494 Content of application—Class B asbestos removal licence

(1)For the purposes of regulation 492(2)(h), an application for a Class B asbestos removal licence must include the following:

(a)the name of 1 or more competent persons who have been engaged by the applicant to supervise the asbestos removal work to be authorised by the licence;

(b)evidence, as required by the regulator, that each named supervisor is at least 18 years of age;

(c)a copy of a certification issued to each named supervisor for the specified VET course for the supervision of asbestos removal work;

(d)evidence that each named supervisor has at least 1 year of relevant industry experience.

(2)If the applicant is an individual who proposes to supervise the carrying out of the Class B asbestos removal work, the statement and information referred to in subregulation (1)(b), (c) and (d) must relate to the applicant.

495 Content of application—asbestos assessor licence

For the purposes of regulation 492(2)(i), an application for an asbestos assessor licence must include:

(a)evidence that the applicant has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice; and

(b) either:

(i)a copy of a certification held by the applicant in relation to the specified VET course for asbestos assessor work; or

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(ii)evidence that the applicant holds a tertiary qualification in occupational health and safety, industrial hygiene, science, building construction or environmental health.

496 Additional information

(1)If an application for a licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the applicant to provide additional information.

(2)A request for additional information must:

(a)specify the date (not being less than 28 days after the request) by which the additional information is to be given; and

(b)be confirmed in writing.

(3)If an applicant does not provide the additional information by the date specified, the application is to be taken to have been withdrawn.

(4)The regulator may make more than 1 request for additional information.

497 Decision on application

(1)Subject to subregulation (3), the regulator must grant an asbestos removal licence or asbestos assessor licence if satisfied about:

(a)the matters referred to in subregulation (2); and

(b)the additional matters referred to in regulation 498 or 499, as applicable.

(2)The regulator must be satisfied about the following:

(a)the application has been made in accordance with these Regulations;

(b)the applicant does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal;

(c)if the applicant is an individual, the applicant:

(i)resides in [this jurisdiction]; or

(ii)resides outside [this jurisdiction] and circumstances exist that justify the grant of the licence;

(d)if the applicant is a body corporate, the applicant's registered office:

(i)is located in [this jurisdiction]; or

(ii)is located outside [this jurisdiction] and circumstances exist that justify the grant of the licence;

(e)the applicant is able to ensure that the work or other activities to which the licence relates are carried out safely and competently;

(f)the applicant is able to ensure compliance with any conditions that will apply to the licence.

Note

See the jurisdictional notes in the Appendix.

(3)The regulator must refuse to grant a licence if satisfied that:

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(a)the applicant is disqualified under a corresponding WHS law from holding an equivalent licence; or

(b)the applicant, in making the application, has:

(i)given information that is false or misleading in a material particular; or

(ii)failed to give any material information that should have been given.

(4)If the regulator decides to grant the licence, it must notify the applicant within 14 days after making the decision.

(5)If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 496, the regulator is taken to have refused to grant the licence applied for.

Note

A refusal to grant a licence (including under subregulation (5)) is a reviewable decision (see regulation 676).

498 Class A asbestos removal licence—regulator to be satisfied about additional matters

For the purposes of regulation 497(1)(b), in relation to a Class A asbestos removal licence, the regulator must be satisfied that:

(a)each supervisor named by the applicant:

(i)is at least 18 years of age; and

(ii)holds a certification for:

(A)the specified VET course for the supervision of asbestos removal work; and

(B)the specified VET course for the Class A asbestos removal work; and

(iii)has at least 3 years of relevant industry experience; and

(b)the applicant has a certified safety management system in place.

499 Class B asbestos removal licence—regulator to be satisfied about additional matters

For the purposes of regulation 497(1)(b), in relation to a Class B asbestos removal licence the regulator must be satisfied that each supervisor named by the applicant:

(a)is at least 18 years of age; and

(b)holds a certification for:

(i)the specified VET course for the supervision of asbestos removal work; and

(ii)the specified VET course for the Class B asbestos removal work; and

(c)has at least 1 year of relevant industry experience.

500 Matters to be taken into account

(1)For the purposes of regulation 497(2)(e) and (f), the regulator must have regard to all relevant matters, including the following:

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(a)any offence under the Act or these Regulations or under a corresponding WHS law of which the applicant has been convicted or found guilty;

Note

See the jurisdictional note in the Appendix.

(b)any offence in relation to the unlawful disposal of hazardous waste under [a relevant environment protection law] of which the applicant has been convicted or found guilty;

Note

See the jurisdictional notes in the Appendix.

(c)any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law;

(d)in relation to any equivalent licence applied for or held by the applicant under the Act or these Regulations or under a corresponding WHS law:

(i)any refusal to grant the licence; and

(ii)any condition imposed on the licence, if granted; and

(iii)any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;

(e)the record of the applicant in relation to any matters arising under the Act or these Regulations or under a corresponding WHS law.

(2)For the purposes of regulation 497(2)(e) and (f), if the applicant is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subregulation (1), in relation to:

(i)the body corporate; and

(ii)each officer of the body corporate.

501 Refusal to grant licence—process

(1)If the regulator proposes to refuse to grant a licence, the regulator must give the applicant a written notice:

(a)informing the applicant of the reasons for the proposed refusal; and

(b)advising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.

(2)After the date specified in a notice under subregulation (1), the regulator must:

(a)if the applicant has made a submission in relation to the proposed refusal to grant the licence—consider that submission; and

(b)whether or not the applicant has made a submission—decide whether to grant or refuse to grant the licence; and

(c)within 14 days after making the decision, give the applicant written notice of the decision, including the reasons for the decision.

Note

A refusal to grant a licence is a reviewable decision (see regulation 676).

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502 Conditions of licence

(1)The regulator may impose any conditions it considers appropriate on an asbestos removal licence or asbestos assessor licence.

(2)Without limiting subregulation (1), the regulator may impose conditions in relation to 1 or more of the following:

(a)control measures which must be implemented in relation to the carrying out of work or activities under the licence;

(b)the recording or keeping of information;

(c)requiring the licence holder, or a nominated supervisor of the licence holder, to undergo retraining or reassessment during the term of the licence;

(d)the provision of information to the regulator;

(e)the nature of work or activities authorised by the licence;

(f)the circumstances in which work or activities authorised by the licence may be carried out.

Notes

1A person must comply with the conditions of a licence (see section 45 of the Act).

2A decision to impose a condition on a licence is a reviewable decision (see regulation 676).

503 Duration of licence

Subject to this Part, an asbestos removal licence or asbestos assessor licence takes effect on the day it is granted and, unless cancelled earlier, expires 5 years after that day.

504 Licence document

(1)If the regulator grants an asbestos removal licence or asbestos assessor licence, the regulator must issue to the applicant a licence document in the form determined by the regulator.

(2)The licence document must include the following:

(a)the name of the licence holder;

(b)if the licence holder conducts the business or undertaking under a business name—that business name;

(c)in the case of an asbestos removal licence—the class of asbestos removal licence and a description of the work within the scope of the licence;

(d)any conditions imposed on the licence by the regulator;

(e)the date on which the licence was granted;

(f)the expiry date of the licence.

505 Licence document to be available

(1)A licence holder must keep the licence document available for inspection under the Act.

Maximum penalty:

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In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(2)Subregulation (1) does not apply if the licence document is not in the licence holder's possession because:

(a)it has been returned to the regulator under regulation 512; and

(b)the licence holder has applied for, but has not received, a replacement licence document under regulation 513.

Division 4 Amendment of licence and licence document

506 Changes to information

(1)The licence holder of an asbestos removal licence or asbestos assessor licence must give the regulator written notice of any change to any material particular in any information given at any time by the licence holder to the regulator in relation to the licence within 14 days after the licence holder becomes aware of the change.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(2)Subregulation (1) applies whether the information was given in the application for grant or renewal of the licence or in any other circumstance.

507 Change to nominated supervisor

(1)If there is a change in relation to a supervisor named to the regulator by the holder of an asbestos removal licence (other than a licence holder who is an individual), the licence holder must:

(a)if the change is to remove a supervisor—within 14 days after the change, ask the regulator to amend the licence under regulation 509 to make that change; and

(b)if the change is to add a supervisor—give the regulator the information about the supervisor referred to in regulation 498 or 499.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(2)If the change referred to in subregulation (1) is to add a supervisor, that supervisor is not a nominated supervisor for the purposes of these Regulations until the regulator has approved the nomination.

508 Amendment imposed by regulator

(1)The regulator may, on its own initiative, amend an asbestos removal licence or asbestos assessor licence, including by amending the licence to:

(a)vary or delete a condition of the licence; or

(b)impose a new condition on the licence.

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(2)If the regulator proposes to amend a licence, the regulator must give the licence holder written notice:

(a)setting out the proposed amendment and the reasons for it; and

(b)advising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed amendment.

(3)After the date specified in a notice under subregulation (2), the regulator must:

(a)if the licence holder has made a submission in relation to the proposed amendment—consider that submission; and

(b)whether or not the licence holder has made a submission—decide:

(i)to make the proposed amendment; or

(ii)not to make any amendment; or

(iii)to make a different amendment that results from consideration of any submission made by the licence holder; and

(c)within 14 days after making that decision, give the licence holder written notice that:

(i)sets out the amendment, if any, or states that no amendment is to be made; and

(ii)if a submission was made in relation to the proposed amendment—sets out the regulator's reasons for making the amendment; and

(iii)specifies the date (being not less than the 28 days after the licence holder is given the notice) on which the amendment, if any, takes effect.

Note

A decision to amend a licence is a reviewable decision (see regulation 676).

509 Amendment on application by licence holder

(1)The regulator, on application by the licence holder, may amend an asbestos removal licence or asbestos assessor licence, including by amending the licence to vary or delete a condition of the licence.

(2)If the regulator proposes to refuse to amend the licence, the regulator must give the licence holder a written notice:

(a)informing the licence holder of the proposed refusal to amend the licence and the reasons for the proposed refusal; and

(b)advising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.

(3)After the date specified in a notice under subregulation (2), the regulator must:

(a)if the licence holder has made a submission in relation to the proposed refusal—consider that submission; and

(b)whether or not the licence holder has made a submission—decide:

(i)to make the amendment applied for; or

(ii)not to make any amendment; or

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(iii)to make a different amendment that results from consideration of any submission made by the licence holder; and

(c)within 14 days after making that decision, give the licence holder written notice of the decision in accordance with this regulation.

(4)If the regulator makes the amendment applied for, the notice under subregulation (3)(c) must specify the date (being not less than 28 days after the licence holder is given the notice) on which the amendment takes effect.

(5)If the regulator refuses to make the amendment applied for or makes a different amendment, the notice under subregulation (3)(c) must:

(a)if a submission was made in relation to the proposed refusal of the amendment applied for—set out the reasons for the regulator's decision; and

(b)if the regulator makes a different amendment:

(i)set out the amendment; and

(ii)specify the date (being not less than 28 days after the licence holder is given the notice) on which the amendment takes effect.

Note

A refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision (see regulation 676).

510 Minor corrections to licence

The regulator may make minor amendments to a licence, including an amendment:

(a)to correct an obvious error; or

(b)to change an address; or

(c)that does not impose a significant burden on the licence holder.

511 Regulator to give amended licence to the holder

If the regulator amends an asbestos removal licence or asbestos assessor licence and considers that the licence document requires amendment, the regulator must give the licence holder an amended licence document within 14 days after making the decision to amend the licence.

512 Licence holder to return licence

The holder of an asbestos removal licence or asbestos assessor licence that has been amended must return the licence document to the regulator for amendment at the written request of the regulator and within the time specified in the request.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

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513 Replacement licence document

(1)A licence holder of an asbestos removal licence or an asbestos assessor licence must notify the regulator as soon as practicable if the licence document is lost, stolen or destroyed.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(2)If a licence document is lost, stolen or destroyed, the licence holder may apply to the regulator for a replacement document.

Note

A licence holder is required to keep the licence document available for inspection (see regulation 505).

(3)An application for a replacement licence document must be made in the manner and form required by the regulator.

(4)The application must:

(a)include a declaration describing the circumstances in which the original document was lost, stolen or destroyed; and

Note

See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

(b)be accompanied by the relevant fee.

(5)The regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed.

(6)If the regulator refuses to issue a replacement licence document, it must give the licence holder written notice of this decision, including the reasons for the decision, within 14 days after making the decision.

Note

A refusal to issue a replacement licence document is a reviewable decision (see regulation 676).

514 Voluntary surrender of licence

(1)A licence holder may voluntarily surrender the licence document to the regulator.

(2)The licence expires on the surrender of the licence document.

Division 5 Renewal of licence

515 Regulator may renew licence

The regulator may renew an asbestos removal licence or asbestos assessor licence on application by the licence holder.

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516 Application for renewal

(1)An application for renewal of an asbestos removal licence or asbestos assessor licence must be made in the manner and form required by the regulator.

(2)The application must include the following information:

(a)the name and address of the applicant;

(b)if required by the regulator of an applicant who is an individual, a photograph of the applicant in the form required by the regulator;

(c)any other evidence of the applicant's identity required by the regulator;

(d)written evidence that the applicant has obtained any retraining or reassessment or taken any other action required under regulation 502;

(e)a declaration by the applicant that the applicant or a supervisor named by the applicant, as applicable, has maintained the competency required to carry out the work covered by the licence.

Note

See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

(3)The application must be accompanied by the relevant fee.

(4)The application must be made before the expiry of the licence.

517 Provisions relating to renewal of licence

(1)For the purposes of this Division:

(a)regulation 496 applies as if a reference in that regulation to an application for a licence were a reference to an application to renew a licence; and

(b)regulations 497 (except subregulation (5)), 500, 502 and 503 apply as if a reference in those regulations to the grant of a licence were a reference to the renewal of a licence; and

(c)regulation 501 applies as if a reference in that regulation to a refusal to grant a licence were a reference to a refusal to renew a licence.

(2)The regulator must not renew an asbestos removal licence unless the regulator is satisfied about the matters referred to in regulation 518.

(3)The regulator must not renew an asbestos removal licence or asbestos assessor licence granted to a person under a corresponding WHS law if that licence is renewed under that law.

(4)If a licence holder applies under regulation 516 for the renewal of an asbestos removal licence or asbestos assessor licence, the licence is taken to continue in force from the day it would, apart from this subregulation, have expired until the licence holder is given notice of the decision on the application.

Note

A refusal to renew a licence is a reviewable decision (see regulation 676).

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518 Renewal of asbestos removal licence—regulator to be satisfied about certain matters

For the purposes of regulation 517, the regulator must not renew an asbestos removal licence unless satisfied that:

(a)each supervisor named by the applicant:

(i)holds a certification for the specified VET course for supervision of the asbestos removal work to be authorised by the licence; and

(ii)has appropriate experience in the asbestos removal work to be authorised by the licence; and

(b)asbestos removal work of the type authorised by the licence has been carried out on behalf of the applicant during the term of the licence.

519 Status of licence during review

(1)This regulation applies if the regulator gives a licence holder written notice of its decision to refuse to renew the licence.

(2)If the licence holder does not apply for internal review of the decision, the licence continues to have effect until the last of the following events:

(a)the expiry of the licence;

(b)the end of the time for applying for an internal review.

(3)If the licence holder applies for an internal review of the decision, the licence continues to have effect until the earlier of the following events:

(a)the licence holder withdraws the application for review;

(b)the regulator makes a decision on the review.

(4)If the licence holder does not apply for an external review, the licence continues to have effect until the end of the time for applying for an external review.

(5)If the licence holder applies for an external review, the licence continues to have effect until the earlier of the following events:

(a)the licence holder withdraws the application for review;

(b)[the external review body] makes a decision on the review.

Note

See the jurisdictional note in the Appendix.

(6)The licence continues to have effect under this regulation even if its expiry date passes.

Division 6 Suspension and cancellation of licence

520 Suspension or cancellation of licence

(1)The regulator may suspend or cancel an asbestos removal licence or asbestos assessor licence if satisfied about 1 or more of the following:

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(a)the licence holder has failed to ensure that the work or other activities authorised by the licence are carried out safely and competently;

(b)the licence holder has failed to ensure compliance with a condition of the licence, including a condition requiring the licence holder, or a nominated supervisor of the licence holder, to undergo retraining or reassessment during the term of the licence;

(c)the licence holder, in the application for the grant or renewal of the licence or on request by the regulator for additional information:

(i)gave information that was false or misleading in a material particular; or

(ii)failed to give any material information that should have been given in that application or on that request;

(d)in relation to an asbestos removal licence—the licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body;

(e)in relation to a Class A asbestos removal licence—the licence holder has failed to have a certified safety management system in place.

(2)It is a ground for the suspension or cancellation of an asbestos removal licence if the licence holder does not have a qualified nominated asbestos removal supervisor.

Note

Regulation 507 provides for a licence holder to notify the regulator of any change in a nominated supervisor.

(3)For the purposes of subregulation (1)(b), a licence holder complies with a condition on the licence that requires the licence holder or a nominated supervisor of the licence holder to undergo retraining or reassessment during the term of the licence if the licence holder provides a certification in relation to that retraining or reassessment.

(4)If the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for:

(a)a further licence of the same type; or

(b)another licence under these Regulations to carry out work which requires skills that are the same as or similar to those required for the work authorised by the licence that has been suspended or cancelled.

Note

A decision to suspend a licence, to cancel a licence or to disqualify the licence holder from applying for a further licence is a reviewable decision (see regulation 676).

521 Matters taken into account

(1)In making a decision under regulation 520, the regulator must have regard to:

(a)any submissions made by the licence holder under regulation 522; and

(b)any advice received from a corresponding regulator.

(2)For the purposes of regulation 520(1)(a) and (b), if the licence holder is an individual, the regulator must have regard to all relevant matters, including the following:

(a)any offence under the Act or these Regulations or under a corresponding WHS law, of which the licence holder has been convicted or found guilty;

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Note

See the jurisdictional note in the Appendix.

(b)any enforceable undertaking the licence holder has entered into under this Act or a corresponding WHS law;

(c)in relation to any equivalent licence applied for or held by the licence holder under the Act or these Regulations or under a corresponding WHS law:

(i)any refusal to grant the licence; and

(ii)any condition imposed on the licence, if granted; and

(iii)any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;

(d)the record of the licence holder in relation to any matters arising under the Act or these Regulations or under a corresponding WHS law.

(3)For the purposes of regulation 520(1)(a) and (b), if the licence holder is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subregulation (2), in relation to:

(i)the body corporate; and

(ii)each officer of the body corporate.

522 Notice to and submissions by licence holder

Before suspending or cancelling an asbestos removal licence or asbestos assessor licence, the regulator must give the licence holder a written notice of the proposed suspension or cancellation and any proposed disqualification:

(a)outlining all relevant allegations, facts and circumstances known to the regulator; and

(b)advising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation and any proposed disqualification.

523 Notice of decision

(1)The regulator must give the licence holder written notice of a decision under regulation 520 to suspend or cancel an asbestos removal licence or asbestos assessor licence within 14 days after making the decision.

(2)The notice must:

(a)state that the licence is to be suspended or cancelled; and

(b)if the licence is to be suspended, state:

(i)when the suspension begins and ends; and

(ii)the reasons for the suspension; and

(iii)whether the licence holder is required to undergo retraining or reassessment or take any other action before the suspension ends; and

(iv)whether or not the licence holder is disqualified from applying for a further licence during the suspension; and

(c)if the licence is to be cancelled, state:

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(i)when the cancellation takes effect; and

(ii)the reasons for the cancellation; and

(iii)whether or not the licence holder is disqualified from applying for a further licence; and

(d)if the licence holder is disqualified from applying for a further licence, state:

(i)when the disqualification begins and ends; and

(ii)the reasons for the disqualification; and

(iii)whether or not the licence holder is required to undergo retraining or reassessment or take any other action before the disqualification ends; and

(iv)any other class of licence under these Regulations that the licence holder is disqualified from applying for; and

(e)state when the licence document must be returned to the regulator.

524 Immediate suspension

(1)The regulator may suspend an asbestos removal licence or asbestos assessor licence on a ground referred to in regulation 520 without giving notice under regulation 522, if satisfied that:

(a)work carried out under the licence should cease because the work may involve an imminent serious risk to the health or safety of any person; or

(b)a corresponding regulator has suspended an equivalent licence held by the licence holder under this regulation as applying in the corresponding jurisdiction.

(2)If the regulator decides to suspend a licence under this regulation:

(a)the regulator must give the licence holder written notice of the suspension and the reasons for the suspension; and

(b)the suspension of the licence takes effect on the giving of the notice.

(3)The regulator must then:

(a)give notice under regulation 522 within 14 days after giving the notice under subregulation (2); and

(b)make its decision under regulation 520.

(4)If the regulator does not give notice under subregulation (3), the suspension ends at the end of the 14 day period.

(5)If the regulator gives notice under subregulation (3), the licence remains suspended until the decision is made under regulation 520.

525 Licence holder to return licence document

A licence holder, on receiving a notice under regulation 523, must return the licence document to the regulator in accordance with the notice.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

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526 Regulator to return licence document after suspension

The regulator must return the licence document to the licence holder within 14 days after the licence suspension ends.

Division 7 General

527 Asbestos removal licence register

The regulator must keep a register of:

(a)each person holding an asbestos removal licence; and

(b)each supervisor named to the regulator in relation to an asbestos removal licence.

528 Asbestos assessors register

The regulator must keep a publicly available register of each person holding an asbestos assessor licence.

529 Work must be supervised by named supervisor

A person who holds an asbestos removal licence must ensure that asbestos removal work authorised by the licence is supervised by a supervisor named to the regulator by the licence holder.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017

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ASBESTOS MANAGEMENT PROCEDURE 06 – ASBESTOS RECORD KEEPING, LABELLING AND SIGNAGE

1. This procedure provides work health and safety information relating to SafetyMan – Asbestos Management Policy and Guidance.

Overview

2. Work health and safety legislation requires that records are kept for a range of hazards and tasks. Asbestos may be a severe hazard and when/where asbestos is identified or suspected it is to be recorded (in an asbestos register), labelled and signposted. This procedure provides a summary of the requirements contained in the Work Health and Safety Regulations 2011 and in the Codes of Practice relating to asbestos-related records.

Asbestos registers

3. Work Health and Safety Regulations 2011, Regulation 425 – Asbestos register (Annex A) directs a person with management or control of a workplace to ensure that an asbestos register is prepared and kept at the workplace. The asbestos register is to be maintained and the information contained in the register must be kept up to date. This regulation does not apply if the workplace was constructed after 31 December 2003.

4. The registers should be developed to reflect the nature of the workplace core business and as a minimum contain the following detail:

4.1. location of the material, process or equipment that contains asbestos or could contain asbestos from time to time;

4.2. details of workers exposed to asbestos;

4.3. the date asbestos was identified (if known);

4.4. the type of asbestos present;

4.5. condition of the asbestos;

4.6. actions taken to control the exposure hazard;

4.7. follow-up action required to ensure the risk is kept as low as reasonably practicable;

4.8. asbestos removal details;

4.9. details of transfer and disposal of asbestos wastes; and

4.10. waste disposal site.

5. The asbestos register is to be reviewed on a regular and planned basis to ensure that the information in the register is maintained and kept up to date. The register is to be reviewed whenever the asbestos management plan is reviewed, new asbestos or asbestos-containing material is identified, or if known asbestos is removed, disturbed, sealed or enclosed.

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6. The Royal Australian Navy has produced a dedicated Asbestos Hazard Register and Inspection Record (AC 585) – refer to ABR 6306, Navy Safety Systems Manual, Section 4, Chapter 23 – Asbestos.

7. Work Health and Safety Regulations 2011, Regulation 427 – Access to asbestos register (Annex B) states a person with management or control of a workplace where an asbestos register is kept must ensure that the asbestos register is readily accessible to:

7.1. a worker who has worked/will work/is working at the workplace;

7.2. a health and safety representative who represents a worker working in the workplace;

7.3. a person conducting a business or undertaking—and/or their employee—who has worked/will work/is working at the workplace; and

7.4. a person conducting a business or undertaking who has required/requires/shall require work at the workplace.

8. The asbestos register is to be reviewed prior to maintenance, refurbishment or demolition work. A copy of the register is to be provided to a worker who intends to undertake work where there is a potential for asbestos exposure.

9. If the person with management or control of a workplace plans to relinquish management or control, they must ensure, so far as is reasonably practicable, that a copy of the asbestos register is given to the person who is assuming management or control of the workplace.

10. Estate and Infrastructure Group regional offices are responsible for the development of asbestos management plans for fixed plant and Defence infrastructure and for the administration, identification (surveys), labelling, enclosure, encapsulating and removal of asbestos from Defence buildings and land.

11. SafetyMan – Asbestos Management Procedure 01 - Hazard and Risk Identification for Asbestos and SafetyMan – Asbestos Management Procedure 02 - Risk Management of Asbestos in Workplaces can be used to assist in the identification of asbestos in the workplace. Estate and Infrastructure Group asbestos management information is available from their website.

12. All asbestos and asbestos-containing material identified in Defence platforms, plant and equipment must be registered within the Capability Acquisition and Sustainment Group in-situ asbestos register found in ChemAlert. Further information about this register may be accessed through the Work Health and Safety Branch website.

13. The term ‘in-situ asbestos’ relates to asbestos/asbestos-containing material that may be embedded in equipment parts such as gaskets. These parts will remain in-situ until scheduled or necessary unscheduled maintenance occurs; then the part/s can be replaced. Embedded asbestos/asbestos-containing material is to be identified and workers who potentially could be exposed to the material must be informed and educated on the hazards associated with that potential exposure.

Asbestos management plans

14. Where asbestos has been identified in a workplace it must be included in the asbestos register and a documented asbestos management plan must be implemented. An asbestos management plan sets out how the asbestos-containing material will be managed; that is what, when and how action will be taken to manage asbestos risks. The requirements of an asbestos management plan are outlined in the Work Health and Safety Regulations 2011, Regulation 429 – Asbestos management plan and Regulation 430 – Review of asbestos management plan (Annex C).

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Asbestos training records

15. Service Chiefs and Group Heads should ensure the Defence Asbestos Awareness package, currently available on Campus (PMKeys 214145), is completed by all Defence workers who may work within buildings or with equipment/platforms containing asbestos. Completions will be automatically recorded within PMKeyS.

Asbestos health monitoring records

16. Although Defence personnel are not to participate in asbestos removal work, occasionally personnel may be required to undertake asbestos-related work. Where personnel undertake asbestos-related work and are at risk of exposure, health monitoring must be provided and records kept in accordance with work health and safety legislation, including Work Health and Safety Regulations 2011, Regulation 444 – Health monitoring records (Annex D).

Labels

17. When reasonably practicable, labels must be used to identify the material/items that contain (or have been assumed to contain) asbestos. When labels can be used, a competent person (the Defence Work Health and Safety Services Standing Offer Panel (SON2405851) provides contact details for occupational hygienists) should determine the number and positions of the labels required. The location of labels should be listed in the asbestos register.

18. Where in-situ asbestos is removed, any container in which it is stored must be labelled in accordance with the Code of Practice - Labelling of Workplace Hazardous Chemicals approved under the Work Health and Safety Act 2011, Section 274 – Approved Codes of Practice (Annex E).

19. Defence workers are not to remove, deface, modify or alter any asbestos/ asbestos-containing material label.

20. Asbestos-containing material labels, must identify the material as containing asbestos and should be labelled or otherwise signposted in accordance with Australian Standards 1319–1994—Safety Signs for the Occupational Environment.

21. The labels and warning signs only provide an indication of the words that may be used to alert persons to the presence of asbestos-containing material and asbestos hazards. The wording is not mandatory. Other warning signs and labels may be used, provided they meet the requirements of Australian Standards 1319–1994—Safety Signs for the Occupational Environment.

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22. Examples of asbestos-containing material labels: 2. Examples of asbestos-containing material labels:

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Procedure 06 – Asbestos Record Keeping, Labelling and Signage

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Warning signs

23. Areas of a workplace that contain asbestos or assumed asbestos, including plant, equipment and components, should be signposted with warning signs to ensure asbestos is not disturbed without the correct precautions being taken. Inaccessible places where the presence of asbestos has been assumed should also be signposted. Signs should be visually unobstructed, weatherproof and adequately secured. All warning signs should comply with Australian Standards 1319–1994—Safety Signs for the Occupational Environment. Signs should be placed at all the main entrances to the work areas where asbestos is present.

24. When in-situ asbestos is present or asbestos removal work is in progress, warning signs should be erected. For asbestos removal work, all signs should remain in place until the asbestos removal process has been completed and clearance to reoccupy has been granted.

25. Where direct labelling of asbestos is not possible, identifying the presence and location of asbestos to workers such as plumbers, electricians and carpenters before they commence work may be achieved by implementing a permit-to-work system.

26. The location of the asbestos should be entered on site plans and the asbestos register.

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Procedure 06 – Asbestos Record Keeping, Labelling and Signage

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27. Examples of asbestos signage:

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References and related documents

28. Work Health and Safety Act 2011

29. Work Health and Safety Regulations 2011 Chapter 8 Asbestos

30. Code of Practice - How to Manage and Control Asbestos in the Workplace

31. Code of Practice - How to Safely Remove Asbestos

32. Code of Practice – Labelling of Workplace Hazardous Chemicals

33. SafetyMan

33.1. Asbestos Management Policy

33.2. Hazardous Chemicals Management Policy

34. Work Health and Safety Branch – Asbestos webpage

35. Australian Standard (SAI Global)

35.1. AS 4964–2004—Method for the Qualitative Identification of Asbestos in Bulk Samples

35.2. AS 1319–1994—Safety Signs for the Occupational Environment

35.3. AS/NZS 1715:2009 – Selection, Use and Maintenance of Respiratory Protective Equipment

36. Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment, [NOHSC:1003 (1995)]

37. Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres 2nd Edition [NOHSC:3003 (2005)];

38. Defence Instruction (Navy) PERS 32–1—Royal Australian Navy Asbestos Management Plan

39. Globally Harmonized System of Classification and Labelling of Chemicals (GHS)

40. ABR 6306, Navy Safety Systems Manual, Section 4, Chapter 23 – Asbestos

Annexes

A. Work Health and Safety Regulations 2011, Regulation 425 – Asbestos register

B. Work Health and Safety Regulations 2011, Regulation 427 – Access to asbestos register

C. Work Health and Safety Regulations 2011, Regulation 429 – Asbestos management plan and Regulation 430 – Review of asbestos management plan

D. Work Health and Safety Regulations 2011, Regulation 444 – Health monitoring records

E. Work Health and Safety Act 2011, Section 274 – Approved Codes of Practice

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Annex A

Work Health and Safety Regulations 2011

Regulation 425 – Asbestos register

(1)A person with management or control of a workplace must ensure that a register (an asbestos register) is prepared and kept at the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(2)The person must ensure that the asbestos register is maintained to ensure the information in the register is up to date.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(3)The asbestos register must:

(a)record any asbestos or ACM identified at the workplace under regulation 422, or likely to be present at the workplace from time to time including:

(i)the date on which the asbestos or ACM was identified; and

(ii)the location, type and condition of the asbestos or ACM; or

(b)state that no asbestos or ACM is identified at the workplace if the person knows that no asbestos or ACM is identified, or is likely to be present from time to time, at the workplace.

(4)The person is not required to prepare an asbestos register for a workplace if a register has already been prepared for that workplace.

(5)Subject to subregulation (6), this regulation applies to buildings whenever constructed.

(6)This regulation does not apply to a workplace if:

(a)the workplace is a building that was constructed after 31 December 2003; and

(b)no asbestos has been identified at the workplace; and

(c)no asbestos is likely to be present at the workplace from time to time.

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Annex B

Work Health and Safety Regulations 2011

Regulation 427 – Access to asbestos register

(1)A person with management or control of a workplace where an asbestos register is kept must ensure that the asbestos register is readily accessible to:

(a)a worker who has carried out, carries out or intends to carry out, work at the workplace; and

(b)a health and safety representative who represents a worker referred to in paragraph (a); and

(c)a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and

(d)a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(2)If a person conducting a business or undertaking carries out, or intends to carry out, work at a workplace that involves a risk of exposure to airborne asbestos, the person with management or control of the workplace must ensure that the person is given a copy of the asbestos register.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

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Annex C

Work Health and Safety Regulations 2011

Regulation 429 - Asbestos management plan

(1)This regulation applies if asbestos or ACM is:

(a)identified at a workplace under regulation 422; or

(b)likely to be present at a workplace from time to time.

(2)A person with management or control of the workplace must ensure that a written plan (an asbestos management plan) for the workplace is prepared.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3)A person with management or control of the workplace must ensure that the asbestos management plan is maintained to ensure the information in the plan is up to date.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(4)An asbestos management plan must include information about the following:

(a)the identification of asbestos or ACM;

Example

A reference or link to the asbestos register for the workplace and signage and labelling.

(b)decisions, and reasons for decisions, about the management of asbestos at the workplace;

Example

Safe work procedures and control measures.

(c)procedures for detailing incidents or emergencies involving asbestos or ACM at the workplace;

(d)workers carrying out work involving asbestos.

Example

Consultation, responsibilities, information and training.

(5)A person with management or control of a workplace must ensure that a copy of the asbestos management plan for the workplace is readily accessible to:

(a)a worker who has carried out, carries out or intends to carry out, work at the workplace; and

(b)a health and safety representative who represents a worker referred to in paragraph (a); and

(c)a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and

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(d)a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

Regulation 430 - Review of asbestos management plan

(1)A person with management or control of a workplace that has an asbestos management plan must ensure that the plan is reviewed and as necessary revised in the following circumstances:

(a)there is a review of the asbestos register or a control measure;

(b)asbestos is removed from, or disturbed, sealed or enclosed at, the workplace;

(c)the plan is no longer adequate for managing asbestos or ACM at the workplace;

(d)a health and safety representative requests a review under subregulation

(2);

(e)at least once every 5 years.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(2)A health and safety representative for workers at a workplace may request a review of an asbestos management plan if the representative reasonably believes that:

(a)a circumstance referred to in subregulation (1)(a), (b) or (c) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and

(b)the person with management and control of the workplace has not adequately reviewed the asbestos management plan in response to the circumstance.

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Annex D

Work Health and Safety Regulations 2011

Regulation 444 - Health monitoring records

(1)A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record:

(a)identified as a record in relation to the worker; and

(b)for at least 40 years after the record is made.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(2)The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker's written consent.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(3) Subregulation (2) does not apply if the record is disclosed under regulation 442 or 443 or to a person who must keep the record confidential under a duty of professional confidentiality.

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Annex E

Work Health and Safety Act 2011

Section 274 Approved codes of practice

(1) The Minister may approve a code of practice for the purposes of this Act and may vary or revoke an approved code of practice.

(2) The Minister may only approve, vary or revoke a code of practice under subsection (1) if that code of practice, variation or revocation was developed by a process that involved consultation between:

(a) the Governments of the Commonwealth and each State and Territory; and

(b) unions; and

(c) employer organisations.

(3) A code of practice may apply, adopt or incorporate any matter contained in a document formulated, issued or published by a person or body whether:

(a) with or without modification; or

(b) as in force at a particular time or from time to time.

Note: Subsection (4) is included in some jurisdictions to deal with publication and commencement of an approved code of practice. Under this Act, an approved code of practice is a legislative instrument (see section 273B(1)) and so will be registered on the Federal Register of Legislation and commence in accordance with section 12 of the Legislation Act 2003.

(5) As soon as practicable after approving a code of practice, or varying or revoking an approved code of practice, the Minister must ensure that notice of the approval, variation or revocation is published in a newspaper circulating generally throughout the Commonwealth.

(6) The regulator must ensure that a copy of:

(a) each code of practice that is currently approved; and

(b) each document applied, adopted or incorporated (to any extent) by an approved code of practice;

is available for inspection by members of the public without charge at the office of the regulator during normal business hours.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017

ASBESTOS MANAGEMENT PROCEDURE 07 - ASBESTOS INCIDENT MANAGEMENT

1. This procedure provides work health and safety information relating to the SafetyMan – Asbestos Management Policy and Guidance.

Asbestos exposure action plan

2. The following flowchart provides the method for dealing with a suspected exposure to airborne asbestos fibres. Details of actions are expanded in the following procedure for individual exposure and group or multiple exposures to a single event.

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Procedure 07 – Asbestos Incident Management

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Confirming the presence of asbestos

3. When an individual suspects that they have been exposed to respirable asbestos fibres, the following standardised process is to be followed:

3.1. the individual must notify the supervisor, manager or commander through the normal chain of command or management control system of the suspected exposure;

3.2. the supervisor, manager or commander checks the local asbestos register to see if the suspect material has been previously identified and recorded. If the material has been previously identified, the next step is to confirm whether or not worker exposure has occurred;

3.3. after checking the asbestos register, if asbestos has not been previously identified, a competent person is required to determine whether the material is, or is not, suspected of being asbestos. The competent person may take samples and send them to an accredited by the National Association of Testing Authorities laboratory for analysis and confirmation. Contact details for National Association of Testing Authorities -accredited laboratories may be obtained at http://www.nata.com.au (search for Facilities and Labs/Chemical Testing/Asbestos) or by calling 1800 621 666; and

3.4. the competent person may also determine, without testing, that it is reasonable to suspect a substance is asbestos or contains asbestos. From then, the substance must be managed the same as asbestos.

4. After a competent person has determined that a substance is likely to be asbestos or contains asbestos, the local manager must ensure that no other person is exposed to the asbestos. The potential exposure site must be isolated and preserved. Hazard management controls must continue until a competent person decides otherwise, or until a subsequent test by a National Association of Testing Authorities - accredited laboratory confirms the substance is not asbestos.

Confirming worker exposure

5. Once the presence of asbestos has been determined by a competent person or confirmed by a National Association of Testing Authorities - accredited laboratory, the manager must engage a competent person to conduct an initial investigation aimed at determining whether personnel have been exposed to asbestos fibres. The site must be preserved until the investigation has confirmed (or otherwise) the potential for exposure.

6. If personnel exposure has not occurred, but asbestos has been identified (or is suspected), the manager is to update the asbestos register and the asbestos management plan for the workplace to ensure that no personnel exposure can occur.

Incident reporting

7. Exposure to asbestos fibres is a reportable incident. Upon confirmation of an exposure and following a dangerous incident (a potential worker exposure) the following actions must occur:

7.1. the commander or manager must notify Comcare as soon as possible of the incident. The site must be preserved until Comcare have conducted an investigation and have released the incident site into Defence management control; and

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7.2. the commander or manager reporting to Comcare must register the exposure in Sentinel in accordance with SafetyMan – Work Health and Safety Event (Incident) Reporting Policy as soon as is reasonably practicable.

8. Sentinel is the preferred method of notification and reporting of all work health and safety incidents/events in Defence for all personnel with access to the Defence Protected Network. More information can be accessed via the Work Health Safety Branch website.

9. Defence investigates all work health and safety events to determine the cause or causes of the event and the measures that may be required to prevent recurrence.

Post-exposure management of workers

10. Whenever possible, asbestos in the workplace is to be eliminated. Where the asbestos cannot be eliminated due to risks in the disposal tasks, the asbestos is to be managed, controlled and monitored by managers through the application of risk management techniques, recording control details in the asbestos register and managing holdings through an asbestos management plan.

11. Personnel who have been exposed to asbestos fibres are to be managed in accordance with SafetyMan – Asbestos Management Policy and Guidance.

12. Defence workers (ADF and APS) who, potentially, have been exposed to asbestos in the course of their work are to be referred to the Defence Asbestos and Hazardous Chemicals Exposure Scheme. Information about Defence Asbestos and Hazardous Chemicals Exposure Scheme can be obtained by contacting 1800 DEFENCE (1800 333 362). Medical counseling and preliminary medical examinations will be provided and funded by Defence. ADF personnel will receive counseling through the Joint Health Command and APS through a contracted health service provider.

Post-exposure management of ADF cadets and cadet staff

13. ADF cadets and cadet staff who believe they have been exposed to asbestos in the course of their cadet activities are to report the incident to their Unit Commander. The Unit Commander must lodge an AE527-2 - Sentinel Event Report for ADF Cadets, available through CadetNet, with their Formation Safety Advisor or other authorised personnel, in accordance with Australian Navy Cadets, Australian Army Cadets or Australian Air Force Cadets procedures. The authorised person is to register the event in Sentinel.

14. When it is has been confirmed that an exposure to asbestos has occurred in the course of their work, cadets are to be referred to the Defence Asbestos and Hazardous Chemicals Exposure Scheme. Information about Defence Asbestos and Hazardous Chemicals Exposure Scheme can be obtained by contacting 1800 DEFENCE (1800 333 362). Medical counseling and preliminary medical examinations will be provided by Defence.

Post-exposure management of contract workers

15. Workers of contracted parties employed by companies on Defence projects can register their details with the Defence Asbestos and Hazardous Chemicals Exposure Scheme by contacting 1800 DEFENCE (1800 333 362). However, they have no entitlement to medical counseling and preliminary medical examinations provided by Defence. They will need to contact their employer for further information and medical support services.

References and related documents

16. Work Health and Safety Act 2011;

17. Work Health and Safety Regulations 2011 Chapter 8;

18. Defence Asbestos and Hazardous Chemicals Exposure Scheme (DAHCES)

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19. SafetyMan:

19.1. Asbestos Management Policy and Guidance;

19.2. Work Health and Safety Event (Incident) Reporting Policy and Guidance; and

19.3. Work Health and Safety Event Investigation Policy.

20. Sentinel Business Support Team - contact 1800 220 820 or e-mail whs.sentinel@defence.gov.au.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

CONSTRUCTION WORK POLICY AND GUIDANCE

Policy statement

1. Defence will maintain a safe workplace for workers performing construction work. This will be achieved through effective contract, contractor and personnel management and assurance activities.

Scope

2. This policy applies to all Defence workers, including ADF members, APS employees, ADF cadets, contractors and other persons.

3. The application of this policy to contractors and sub-contractors is dependent on the degree of control and influence that Defence has over the undertaking and will be defined within the relevant contractual arrangements.

Policy - core elements

4. This policy applies to all construction work undertaken by workers for Defence business, and to all workplaces where construction work is carried out for, or on behalf of, Defence. This includes high risk construction work and demolition.

5. A risk assessment must be undertaken when planning or working on construction activities.

6. Definitions of ‘construction’ and ‘structure’ are provided in the Work Health and Safety Regulations 2011, Regulation 289 – Meaning of construction work and Regulation 290 – Meaning of Structure (Annex A).

7. A list of the types of construction work that have been classed as high risk is in Work Health and Safety Regulations 2011, Regulation 291 – Meaning of high risk construction work (Annex A). Before high risk construction work can start, a safe work method statement is required which sets out the high risk construction work activities to be carried out at the workplace, the hazards arising from those activities and the safeguards to be put in place to control the risks.

8. Under the Work Health and Safety Regulations 2011, work connected to demolishing a structure is classed as construction work. Hence, when carrying out demolition work, the requirements relating to construction work must be applied.

9. External/environmental and personal risk factors are to be considered in the assessment of construction work risk.

10. As required by Work Health and Safety Regulations 2011, Regulation 317 – Duty to ensure worker has been trained (Annex B), workers must hold, available for inspection, a general construction induction training card or a general induction training certification.

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Roles and responsibilities

11. Group Heads and Service Chiefs (as officers of the Person Conducting a Business or Undertaking) are responsible for allocating sufficient resources to implement the requirements of this policy to manage effectively construction work. Group Heads and Service Chiefs must ensure:

11.1. risks associated with construction work are managed; and

11.2. workers are not directed, nor allowed, to carry out construction work without evidence that they have the training or qualifications required for that work.

12. Deputy Secretary Estate and Infrastructure Group (when dealing with a principal contractor) is responsible for:

12.1. providing policies, procedures and templates to address where Defence, the principal contractor and other persons share duties, and how those shared duties are to be managed to ensure compliance with work health and safety legislation. These policies, procedures and templates must include management or control of the workplace and accountability for designated roles and responsibilities (some of which may be shared);

12.2. ensuring the Defence contract manager monitors and verifies contractor safety performance and measures contractor performance (through inspection, audit or other assurance and reporting activities) against progress and key performance indicators in the contract; and

12.3. ensuring those managing/controlling the workplace take all reasonable steps to obtain current underground essential services information before directing or allowing excavation work to commence.

13. Deputy Secretary Capability Acquisition and Sustainment Group in keeping with the capability life cycle is responsible for:

13.1. identifying required construction work; and

13.2. reducing risks during the acquisition and sustainment phases.

Contract guidance

14. Defence cannot ‘contract out’ its obligations under the Work Health and Safety Act 2011. Defence must implement contractual arrangements that ensure designers, manufacturers, importers, suppliers and installers provide goods and/or services that support the Commonwealth complying with its duties under the Work Health and Safety Act 2011. Defence must also apply processes (eg workplace inspections/audits, supervision, training, monitoring and reporting) to ensure the safety of workers (and others) to whom Defence owes a duty of care, and must comply with the Work Health and Safety Act 2011 and Work Health and Safety Regulations 2011.

15. Groups and Services who commission and manage construction work are to establish and document recognised assurance activities and systems (inspection, audit, reporting and monitoring) to ensure that Defence and contractors comply with the provisions of the work health and safety legislation and codes of practice. The right to conduct such assurance activities and systems is to be included in the contract and in any implementation document for field operations.

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Incidents and investigations

16. As detailed in the Work Health and Safety Act 2011, notifiable health and safety incidents arising from Defence business are to be reported immediately to the Defence contract manager. Notifiable incidents comprise the death of a person, a serious injury or illness of a person and dangerous incidents. Further information about notifiable incidents and reporting requirements is in SafetyMan – Work Health and Safety Event (Incident) Reporting Policy and Guidance.

Training

17. The Work Health and Safety Regulations 2011, Chapter 6, Part 6.5 – General construction induction training (Annex C) relates to general construction induction training. Defence and prime contractors must have systems, policies and procedures in place to confirm that the requirements of Part 6.5 are achieved.

Control of the workplace

18. The person with control of the workplace is generally the person who controls access to that workplace, for example:

18.1. a fully fenced building site that is controlled by a contractor, where access by Defence personnel is prevented or controlled by the contractor, is generally considered to be a contractor-controlled workplace; and/or

18.2. a Defence managed and occupied workplace within a fully fenced building which allows access by both Defence and contractor workers would generally be considered to be a Defence-controlled workplace.

19. Where a principal contractor is engaged, the principal contractor will have management or control of the workplace necessary to discharge the duties of the principal contractor under the Work Health and Safety Act 2011 and Work Health and Safety Regulations 2011. In circumstances where a principal contractor is engaged it is likely Defence would retain some degree of management or control of a workplace.

20. In circumstances where a principal contractor is not engaged by Defence (and Defence is the principal contractor for the relevant construction work), Defence will have management or control of the workplace necessary to discharge the duties of a principal contractor. Such circumstances will generally arise where Defence is unable to provide a contractor with the requisite degree of management or control of the workplace to discharge the duties of the principal contractor—eg where a workplace is shared and access cannot be managed or controlled by the contractor. In such circumstances management or control of the workplace will be shared by the construction contractor and Defence.

21. Many of the construction workplaces found on Defence premises will be managed or controlled (at least in part) by Estate and Infrastructure Group or a principal contractor under contract to the Commonwealth. However, there will also be construction requirements managed by the Groups and Services outside of the normal fixed infrastructure environment, usually during operations or exercises. Groups and Services undertaking construction of temporary facilities without contracted support and outside of Estate and Infrastructure Group control will be responsible for the control of the workplace in all instances.

22. The work health and safety legislation specifically acknowledges that management or control of a workplace may be a shared duty. Legal advice should be sought when required to clarify shared work health and safety duties and the implementation of policies and procedures.

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23. Workplaces where Defence has primary management or control are to be managed to protect the health, safety and welfare of workers and third parties at or near the workplace. Defence obligations include:

23.1. maintaining a safe workplace, without risk to health, that provides adequate facilities for workers’ welfare at work;

23.2. ensuring safety at work in connection with the supply, use, handling, storage and transportation of plant or substances;

23.3. ensuring safe access to and egress from the workplace; and

23.4. ensuring, before commencement of the work, the contractor is aware of the necessary information on the Defence safety standards and policy.

24. For workplaces where Defence has primary management or control:

24.1. all the contractor’s workers must receive a safety induction briefing, be inducted into the workplace prior to starting any work, and attend all site safety briefings;

24.2. contractors must provide appropriate mechanisms for continuing consultation and review of safety matters;

24.3. contractors must ensure that their system of work does not place workers at risk of injury/illness; and

24.4. contractors must report to the area supervisor daily to advise of their presence in the workplace. This is to ensure that emergency management procedures, if enacted, cover all workers and people present at the workplace.

Contractor safety management plan

25. Defence is to ensure that a contractor with primary management or control of a workplace (eg a principal contractor) has an agreed and appropriate safety management system in place that will ensure the safety of the workers and other persons in the vicinity.

26. Contractors must supply a draft safety management plan to Defence at the time of tender and update it in accordance with contract terms and conditions (when awarded a contract). This plan is to show how the contractor will provide a safe and healthy workplace for its workers, sub-contractors and third parties. This plan is reviewed but not approved by Defence.

References and related documents

27. Work Health and Safety Act 2011

28. Work Health and Safety Regulations 2011

29. National Construction Code

30. Building Code of Australia

31. Codes of Practice

31.1. Construction Work

31.2. Confined Spaces

31.3. Demolition Work

31.4. Excavation Work

31.5. First Aid in the Workplace

31.6. Hazardous Manual Tasks

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31.7. How to Manage and Control Asbestos in the Workplace

31.8. How to Manage Work Health and Safety Risks

31.9. How to Safely Remove Asbestos

31.10. Managing Electrical Risks in the Workplace

31.11. Managing Risks of Hazardous Chemicals

31.12. Managing Noise and Preventing Hearing Loss at Work

31.13. Managing the Risk of Falls at the Workplace

31.14. Managing the Risks of Plant in the Workplace

31.15. Managing the Work Environment and Facilities

31.16. Preventing Falls in Housing Construction

31.17. Safe Design of Structures

31.18. Welding Processes

31.19. Work Health and Safety Consultation, Cooperation and Coordination

Annexes

A. Work Health and Safety Regulations 2011,

Regulation 289 – Meaning of construction work

Regulation 290 – Meaning of structure

Regulation 291 – Meaning of high risk construction work

B. Work Health and Safety Regulations 2011, Regulation 317 – Duty to ensure worker has been trained

C. Work Health and Safety Regulations 2011, Chapter 6, Part 6.5 – General construction induction training

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Annex A

Work Health and Safety Regulation 2011

289 - Meaning of “construction work”

(1) In this Chapter, "construction work" means any work carried out in connection with the construction, alteration, conversion, fitting-out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure.

(2) Without limiting subclause (1), "construction work" includes the following:

(a) any installation or testing carried out in connection with an activity referred to in subclause (1),

(b) the removal from the workplace of any product or waste resulting from demolition,

(c) the prefabrication or testing of elements, at a place specifically established for the construction work, for use in construction work,

(d) the assembly of prefabricated elements to form a structure, or the disassembly of prefabricated elements forming part of a structure,

(e) the installation, testing or maintenance of an essential service in relation to a structure,

(f) any work connected with an excavation,

(g) any work connected with any preparatory work or site preparation (including landscaping as part of site preparation) carried out in connection with an activity referred to in subclause (1),

(h) an activity referred to in subclause (1), that is carried out on, under or near water, including work on buoys and obstructions to navigation.

(3) In this Chapter, "construction work" does not include any of the following:

(a) the manufacture of plant,

(b) the prefabrication of elements, other than at a place specifically established for the construction work, for use in construction work,

(c) the construction or assembly of a structure that once constructed or assembled is intended to be transported to another place,

(d) testing, maintenance or repair work of a minor nature carried out in connection with a structure,

(e) mining activities or petroleum activities.

Regulation 290 - Meaning of “structure”

(1) In this Chapter, "structure" has the same meaning as it has in the Act.

Examples:

i. A roadway or pathway.

ii. A ship or submarine.

iii. Foundations, earth retention works and other earthworks, including river works and sea defence works.

iv. Formwork, falsework or any other structure designed or used to provide support, access or containment during construction work.

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v. An airfield.

vi. A dock, harbour, channel, bridge, viaduct, lagoon or dam.

A sewer or sewerage or drainage works.

(2) This Chapter does not apply to plant unless:

(a) the plant is:

(i) a ship or submarine, or

(ii) a pipe or pipeline, or

(iii) an underground tank, or

(iv) designed or used to provide support, access or containment during work in connection with construction work, or

(b) work on the plant relates to work that is carried out in connection with construction work, or

(c) the plant is fixed plant on which outage work or overhaul work that involves or may involve work being carried out by 5 or more persons conducting businesses or undertakings at any point in time.

Note: This Chapter does not apply to the manufacture of plant (see clause 289 (3) (a)).

291 - Meaning of “high risk construction work”

In this Chapter, "high risk construction work" means construction work that:

(a) involves a risk of a person falling more than 2 metres, or

(b) is carried out on a telecommunication tower, or

(c) involves demolition of an element of a structure that is load-bearing or otherwise related to the physical integrity of the structure, or

(d) involves, or is likely to involve, the disturbance of asbestos, or

(e) involves structural alterations or repairs that require temporary support to prevent collapse, or

(f) is carried out in or near a confined space, or

(g) is carried out in or near:

(i) a shaft or trench with an excavated depth greater than 1.5 metres, or

(ii) a tunnel, or

(h) involves the use of explosives, or

(i) is carried out on or near pressurised gas distribution mains or piping, or

(j) is carried out on or near chemical, fuel or refrigerant lines, or

(k) is carried out on or near energised electrical installations or services, or

(l) is carried out in an area that may have a contaminated or flammable atmosphere, or

(m) involves tilt-up or precast concrete, or

(n) is carried out on, in or adjacent to a road, railway, shipping lane or other traffic corridor that is in use by traffic other than pedestrians, or

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(o) is carried out in an area at a workplace in which there is any movement of powered mobile plant, or

(p) is carried out in an area in which there are artificial extremes of temperature, or

(q) is carried out in or near water or other liquid that involves a risk of drowning, or

(r) involves diving work.

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Annex B

Work Health and Safety Regulations 2011

317 – Duty to ensure worker has been trained

(1) A person conducting a business or undertaking must not direct or allow a worker to carry out construction work unless:

(a) the worker has successfully completed general construction induction training; and

(b) if the worker completed the training more than 2 years previously—the worker has carried out construction work in the preceding 2 years.

Penalty:

(a) In the case of an individual—$3 600.

(b) In the case of a body corporate—$18 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) The person conducting the business or undertaking must ensure that:

(a) the worker holds a general construction induction training card; or

(b) if the worker has applied for but not yet been issued with a general construction induction training card, the worker holds a general construction induction training certification, issued within the preceding 60 days

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Annex C

Work Health and Safety Regulations 2011

Chapter 6 - Construction Work

Part 6.5 General construction induction training

Division 1 - General construction induction training requirements

316 - Duty to provide general construction induction training

A person conducting a business or undertaking must ensure that general construction induction training is provided to a worker engaged by the person who is to carry out construction work, if the worker—

(a) has not successfully completed general construction induction training; or

(b) successfully completed general construction induction training more than 2 years previously and has not carried out construction work in the preceding 2 years.

Maximum penalty:

(a) in the case of an individual—$3 600; or

(b) in the case of a body corporate—$18 000.

Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).

317 - Duty to ensure worker has been trained

(1) A person conducting a business or undertaking must not direct or allow a worker to carry out construction work unless—

(a) the worker has successfully completed general construction induction training; and

(b) if the worker completed the training more than 2 years previously—the worker has carried out construction work in the preceding 2 years.

Maximum penalty:

(a) in the case of an individual—$3 600; or

(b) in the case of a body corporate—$18 000.

Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).

(2) The person conducting the business or undertaking must ensure that—

(a) the worker holds a general construction induction training card; or

(b) if the worker has applied for but not yet been issued with a general construction induction training card, the worker holds a general construction induction training certification, issued within the preceding 60 days.

318 - Recognition of general construction induction training cards issued in other jurisdictions

(1) In this part (other than division 6.5.2), a reference to a general construction induction training card includes a reference to a similar card issued under a corresponding WHS law.

(2) Subsection (1) does not apply to a card that is cancelled in the corresponding jurisdiction.

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Division 2 – General construction induction training cards

319 - Issue of card

(1) A person who has successfully completed general construction induction training may apply to the regulator for a general construction induction training card.

(2) The application must be made in the manner and form required by the regulator.

(3) The application must include the following information:

(a) the applicant’s name and any other evidence of the applicant’s identity required by the regulator;

(b) either:

(i) a general construction induction training certification issued to the applicant; or

(ii) a written declaration by the person who provided the general construction induction training on behalf of the relevant RTO that the applicant has successfully completed general construction induction training.

(4) The application must be accompanied by the relevant fee.

(5) The application must be made:

(a) within 60 days after the issue of the general construction induction training certification; or

(b) if the application is accompanied by a declaration referred to in subparagraph (3)(b)(ii), at any time after completion of the general construction induction training.

(6) The regulator must issue a general construction induction training card to the applicant if:

(a) the application has been made in accordance with this regulation; and

(b) the regulator is satisfied that the applicant has successfully completed general construction induction training.

(7) The regulator must make a decision on the application as soon as practicable.

(8) If the regulator has not decided on the application within 60 days, the applicant is taken to hold a general construction induction training card until a decision is made.

320 - Content of card

A general construction induction training card must:

(a) state the following:

(i) that the card holder has completed general construction induction training;

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(ii) the name of the card holder;

(iii) the date on which the card was issued;

(iv) a unique identifying number;

(v) that the card is issued in accordance with these Regulations; and

(b) contain the card holder’s signature.

321 - Replacement card

(1) If a general construction induction training card issued by the regulator is lost, stolen or destroyed, the card holder may apply to the regulator for a replacement card.

Note: A card holder is required to keep the card available for inspection under regulation 326.

(2) An application for a replacement general construction induction training card must be made in the manner and form required by the regulator.

(3) The application must:

(a) include a declaration about the circumstances in which the card was lost, stolen or destroyed; and

Note: See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

(b) be accompanied by the relevant fee.

(4) The regulator may issue a replacement card if satisfied that the original general construction induction training card has been lost, stolen or destroyed.

322 - Refusal to issue or replace card

The regulator may refuse to issue a general construction induction training card or a replacement general construction induction training card if satisfied that the applicant:

(a) gave information that was false or misleading in a material particular; or

(b) failed to give information that should have been given; or

(c) produced a general construction induction training certification that had been obtained on the basis of the giving of false or misleading information by any person or body.

Note: A decision to refuse to issue or replace a general construction induction training card is a reviewable decision (see regulation 676).

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323 - Cancellation of card—grounds

The regulator may cancel a general construction induction training card issued by the regulator if satisfied that the card holder, when applying for the card:

(a) gave information that was false or misleading in a material particular; or

(b) failed to give information that should have been given; or

(c) produced a general construction induction training certification that had been obtained on the basis of the giving of false or misleading information by any person or body.

Note: A decision to cancel a general construction induction training card is a reviewable decision (see regulation 676).

324 - Cancellation of card—process

(1) The regulator must, before cancelling a general construction induction training card, give the card holder:

(a) written notice of the proposed cancellation that outlines all relevant allegations, facts and circumstances known to the regulator; and

(b) a reasonable opportunity to make submissions to the regulator in relation to the proposed cancellation.

(2) On cancelling a general induction card, the regulator must give the card holder a written notice of its decision, stating:

(a) when the cancellation takes effect; and

(b) the reasons for the cancellation; and

(c) when the card must be returned to the regulator.

325 - RTO may enter agreement to issue cards

(1) The regulator may enter into an agreement with an RTO that empowers the RTO to exercise the functions and powers of the regulator under regulations 319, 321 and 322, with any necessary alterations.

(2) If an RTO with whom the regulator has entered an agreement under this regulation exercises functions and powers of the regulator in accordance with the agreement, the exercise of those functions and powers has the same effect as if they had been exercised by the regulator.

(3) Without limiting subregulation (2):

(a) a decision of an RTO in exercising a function or power of the regulator in accordance with the agreement is taken to be a decision of the regulator; and

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(b) a general construction induction training card issued by the RTO is taken to have been issued by the regulator.

(4) Nothing in an agreement under this regulation prevents the regulator from exercising its functions and powers under this Division.

Division 3 – Duties of workers

326 - Duties of workers

(1) A worker carrying out construction work must keep available for inspection under the Act:

(a) his or her general construction induction training card; or

(b) in the circumstances set out in subregulation 319(5), a general induction training certification held by the worker, until a decision is made on the application for the general construction induction training card.

Penalty:

(a) In the case of an individual—$1 250.

(b) In the case of a body corporate—$6 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) A card holder, on receiving a cancellation notice under subregulation 324(2), must return the card in accordance with the notice.

Penalty:

(a) In the case of an individual—$1 250.

(b) In the case of a body corporate—$6 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) Paragraph (1)(a) does not apply if the card is not in the possession of the worker (the card holder) because:

(a) it has been lost, stolen or destroyed; and

(b) the card holder has applied for, but has not received, a replacement card under regulation 321.

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327 - Alteration of general construction induction training card

A person who holds a general construction induction training card must not intentionally or recklessly alter the card.

Penalty:

(a) In the case of an individual—$3 600.

(b) In the case of a body corporate—$18 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

CONSTRUCTION WORK PROCEDURE 01 - CONSTRUCTION INDUCTION TRAINING CARD

1. This procedure provides tools, information and/or guidance relating to the SafetyMan - Construction Work Policy and Guidance.

2. The Work Health and Safety Regulations 2011 require persons conducting a business or undertaking to ensure general construction induction training is provided to workers who do construction work. Those workers must carry a general construction induction training card while in the workplace.

3. This procedure describes the requirement for general construction induction training, the need for a construction induction training card and an agreement between Defence and Comcare that allows the Army and Navy as Registered Training Organisations to issue construction induction training cards to ADF members who do construction work (as defined in the Work Health and Safety Regulations 2011).

Construction induction training process for workers other than ADF members

4. Construction induction training must be completed by workers before they start construction work. The training must be provided by a Registered Training Organisation and lead to the award of the nationally recognised unit of competency, CPCCOHS1001A – Work safely in the construction industry.

5. Within 60 days of qualifying for the award the unit of competency, CPCCOHS1001A – Work safely in the construction industry, the worker must apply to the state/territory work health and safety regulator for the issue of a construction induction training card.

6. The Work Health and Safety Regulations 2011 prescribe the following conditions to the general construction induction training card:

6.1. if a card is lost, stolen or destroyed, the worker may obtain a replacement card from the regulator;

6.2. workers must carry the card when undertaking construction work or, if prior to being issued with the card, carry evidence of having successfully completed training); and

6.3. workers must not alter the information on the card.

ADF members performing construction work

7. Defence trains ADF members who do construction work.

8. ADF members who hold the required unit of competency, CPCCOHS1001A – Work safely in the construction industry, must apply to Comcare for a Commonwealth construction induction training card. However, ADF members who are working in a Commonwealth workplace and who hold a valid state- or territory-issued card are not required to apply for a Commonwealth card as the Commonwealth recognises valid cards issued by all states/territories.

Procedure 01 – Construction Induction Training Card

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9. Navy and Army personnel who do work that falls within the definition of construction work, and who have completed construction induction training provided by their respective Registered Training Organisation can be issued with a construction induction training card that is valid for Defence work, but only within their Service However, instead of issuing a Defence construction induction training card, Comcare allow the construction induction training card information to be printed on the back of the Defence ID card. The card must be kept available for inspection when undertaking construction work and produced when requested by a Comcare inspector.

10. Air Force personnel who do construction work can access training from Registered Training Organisations outside Defence. Once awarded the required competency, CPCCOHS1001A – Work safely in the construction industry, they may then apply for a national construction induction training card, as described in paragraph 8.

References and related documents

11. Work Health and Safety Regulations 2011

12. Comcare

Defence People Policy, SafetyMan

Date of release: November 2017 Current as at: November 2017 UNCONTROLLED IF PRINTED

ELECTRICAL SAFETY POLICY AND GUIDANCE

Policy statement

1. Defence Workers will follow the hazard and risk management principles when working with or near electrically powered equipment.

Scope

2. This policy applies to all Defence workers, including ADF members, APS employees, ADF cadets, contractors and other persons.

3. The applicability of this policy to contractors and sub-contractors is dependent on the degree of control and influence that Defence has over the undertaking and will be defined within the relevant contractual arrangements.

Policy – core elements

4. A risk management approach must be taken when identifying and remediating workplace electrical hazards. The risk management principles of the Safe Work Australia Code of Practice - Managing Electrical Risks in the Workplace provide the minimum standard to be used.

5. Electrical equipment exposed to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust must be regularly inspected and tested. Records of inspections and testing must be maintained until the equipment is tested again or permanently removed from use.

6. An electrical installation is a group of electrical equipment that is permanently connected together and can be supplied with electricity. A risk minimisation approach must be applied when undertaking electrical installations in the workplace which includes during the processes of design, construction and installation, protection, maintenance and testing.

Roles and responsibilities

7. Group Heads and Service Chiefs (as officers of the Persons Conducting a Business or Undertaking) are responsible for ensuring:

7.1. allocation of sufficient resources to effectively manage electrical risks;

7.2. prohibited electrical work is not performed;

7.3. compliance with applicable electrical safety laws in relation to estate, platforms, contractors and/or leased facilities; and

7.4. testing and compliance requirements are met.

8. Commanders/managers and supervisors must take all practicable steps to protect the health and safety of workers. They have a responsibility to:

8.1. understand how electrical equipment and risk affects their workers and the work being performed;

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8.2. communicate and consult with workers or their management regarding safe management of electrical work;

8.3. consult with workers to identify, assess and control electrical hazards and risks;

8.4. ensure the appropriate risk management is conducted for activities;

8.5. provide information, training, instruction and supervision to workers;

8.6. provide and make available appropriate emergency and safety equipment;

8.7. ensure electrical work is carried out only by qualified persons;

8.8. ensure safety devices are fit for purpose; and

8.9. ensure effective and compliant electrical installations and equipment is used.

9. All workers have a responsibility to:

9.1. understand and follow established safe work practices and procedures, participate in appropriate training and hazard identification, and control risks arising from electrical hazards in accordance with guidance; and

9.2. advise supervisors of any perceived risk that could increase exposure to injury or illness arising from electrical hazards.

Guidance

10. This guidance sets out the general requirements for managing electrical hazards and risks. Specific risks are intended to be covered in respective orders, instructions and publications approved and issued by Defence electrical risk owners within the Groups and Services.

Competency

11. A competent person should be a licensed electrician, a licensed electrical inspector or a person who has successfully completed a structured training course and been deemed competent in the use of a pass-fail type portable applicant tester and the visual inspection of electrical equipment.

12. Only authorised Defence electrical persons may enter the immediate area where powered electrical work is being conducted.

Managing electrical risks

13. Before work is carried out on powered electrical equipment, a written and recorded risk assessment must be undertaken by a competent person.

14. Risk assessments undertaken on powered work are to be kept for 28 days after the work has been completed, or for 5 years if a notifiable incident occurs (a notifiable incident is a death, serious injury or illness or a dangerous incident. Further information is available in SafetyMan – Work Health and Safety Event (Incident) Reporting Policy and Guidance). Risk assessments are to be stored in accordance with the Defence Records Management Policy.

Work practice

15. Electrical work is not to be carried out on electrical equipment while the equipment is powered unless permitted for the purpose of testing or there is no reasonable alternative to properly carry out the work.

16. The electrical equipment is to be tested to determine if it is powered.

17. Ensure that un-powered electrical equipment cannot be inadvertently powered while work is being carried out.

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18. While undertaking powered electrical work all persons are to be prevented from making contact with equipment that would create a risk of electric shock.

19. Powered electrical work must be carried out as specified in instructions and publications.

20. Unsafe electrical equipment is to be disconnected or isolated until repaired and tested and found to be safe, or replaced and permanently removed from use.

21. Safe work method statements must be made accessible until the work is complete or for 5 years if a notifiable incident occurs. All records are to be stored in accordance with the Defence Records Management Policy.

22. If involved in construction or demolition work, ensure the Australian/New Zealand Standards - 3012 Electrical installations – Construction and Demolition Sites are complied with.

Electrical inspection and testing

23. The Australian/New Zealand Standard 3760 - In-service Safety Inspection and Testing of Electrical Equipment may be applied by Defence where it is deemed appropriate to instigate an inspection and testing program. This enables persons undertaking the inspection and testing to carry out the task in a safe and effective manner.

24. Electrical equipment used in a ‘hostile work environment’ must be regularly inspected and tested by a competent person. A ‘hostile work environment’ is a workplace where, in operating conditions:

24.1. the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust;

24.2. electrical equipment is moved between different locations and damage to the equipment or to a flexible electricity supply cord is reasonably likely;

24.3. electrical equipment is frequently moved during its normal use; or

24.4. electrical equipment forms part of, or is used in connection with, an amusement device.

25. Examples of ‘hostile work environments’ include but are not limited to workshops, construction and commercial kitchens.

26. Records of inspections and testing must be maintained until the equipment is tested again or permanently removed from use. The inspection records must include as a minimum:

26.1. the name of the person who carried out the testing;

26.2. the date of testing;

26.3. the outcome of testing; and

26.4. the date on which the next testing must be carried out.

Registers and tags

27. Records of testing conducted are to be kept by the work area/unit until electrical equipment is next tested or removed permanently from use, or disposed of.

Residual current devices

28. A residual current device, or safety switch, protects against a shock of electricity passing through the body to the earth.

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29. Each socket outlet in a hostile work environment is to be protected by a residual current device.

30. Residual current devices are to be tested by a competent person with records kept of the test.

31. Residual current devices are to be replaced if they failed the testing and, therefore, are not operating effectively.

Personal electrical equipment

32. Determination of what is deemed personal electrical equipment appropriate for use at the workplace is at the discretion of Group and Services.

33. Personal electrical equipment brought into or used at the workplace is the responsibility of the individual worker. Prior to introduction, the owner is to undertake a visual inspection to ensure the item is in good working condition.

34. If personal electrical equipment is introduced into a ‘hostile work environment’ or the use exposes the equipment to operating conditions that are likely to damage or reduce its expected life span, regular inspection and testing programs will be required.

35. Personal electrical equipment introduced into the workplace must be considered as part of routine inspections.

Overhead and underground electric lines

36. Before starting any work near overhead and underground lines, you need to undertake a risk assessment taking into account:

36.1. Overhead lines:

36.1.1. heights, sway and sag of lines;

36.1.2. nature, height and shapes of loads; and

36.1.3. approach distances and work zones.

36.2. Underground lines:

36.2.1. identify cable location, for example if you are going to repair pot-holes;

36.2.2. talk to asset owners; and

36.2.3. use insulated hand tools.

37. Control measures from the risk assessment should be implemented and consistent with requirements of the electric supply authority, if there is one.

References and related documents

38. Work Health and Safety Act 2011

39. Work Health and Safety Regulations 2011

40. Code of Practice - How to Manage Work Health and Safety Risks

41. Code of Practice - Managing Electrical Risks in the Workplace

42. Code of Practice - Managing the Risk of Plant in the Workplace

43. Manual of Infrastructure Engineering-Electrical

44. Australian/New Zealand Standards - 3012 Electrical installations – Construction and Demolition Sites

Electrical Safety Policy and Guidance

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45. Australian/New Zealand Standard 3760 - In-service Safety Inspection and Testing of Electrical Equipment

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

FATIGUE MANAGEMENT POLICY AND GUIDANCE

Policy statement

1. Defence will work to eliminate the potential for workers who may experience fatigue in the workplace and the risk of injury and illness it poses.

Scope

2. This policy applies to all Defence workers, including ADF members, APS employees, ADF cadets, contractors and other persons.

3. The application of this policy to contractors and sub-contractors is dependent on the degree of control and influence that Defence has over the undertaking and will be defined within the relevant contractual arrangements.

Policy – core elements

4. Defence is required to:

4.1. monitor and manage the workload of individuals and teams, so fatigue can be prevented;

4.2. supervise workers and work processes to identify workers who may be suffering from fatigue;

4.3. identify the hazards associated with tools, equipment, plant, vehicles, platforms, weapons, chemicals, substances etc used for work processes, and for which, use by an operator experiencing fatigue could increase the risk to worker health and safety;

4.4. assess the increase in risk that could be attributed to fatigue and implement suitable management strategies/controls; and

4.5. enhance morale, productivity and Defence capability by managing fatigue.

5. External/environmental and personal risk factors are to be considered in the assessment of fatigue risk. These are pertinent to fatigue management because, for various reasons unrelated to work, workers may arrive at work already fatigued or tired.

Roles and responsibilities

6. Group Heads and Service Chiefs as officers of the Person Conducting a Business or Undertaking are responsible for allocating sufficient resources to effectively manage fatigue related risks.

7. Commanders/managers and supervisors must take all practicable steps to protect the health and safety of workers.

8. Commanders/managers should also consider whether a workplace fatigue management policy should be developed and implemented. A workplace policy is not mandatory, but may be warranted in workplaces where there is increased risk due to fatigue.

Fatigue Management Policy and Guidance

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9. Additional information about the actions listed above can be found in the Safe Work Australia - Guide for Managing the Risk of Fatigue at Work. The guide includes a fatigue checklist and a risk management chart that provides guidance for identifying fatigue risk factors and assessing and controlling fatigue risks.

10. Commanders and managers should consider whether parts of their workforce should complete the Campus on-line course ‘Fatigue Management and Awareness’ (Course ID 00010211). The program provides an overview of the symptoms and effects of fatigue and guidance for managing and preventing fatigue.

What is fatigue?

11. Fatigue is more than feeling tired and drowsy. In a work context, fatigue is a state of mental and/or physical exhaustion which reduces a person’s ability to perform work safely and effectively.

12. It can occur because of prolonged mental or physical activity, sleep loss and/or disruption of the internal body clock.

13. Fatigue can be caused by factors which may be work related, non-work related or a combination of both and can accumulate over time.

14. Fatigue can:

14.1. directly harm worker health (eg long-term effects of fatigue can include heart disease, diabetes, hypertension, anxiety, depression);

14.2. impact on morale and productivity; and

14.3. impair work performance and thereby create risks to health and safety.

Reference and related documents

15. Work Health and Safety Act 2011

16. Work Health and Safety Regulations 2011

17. Fatigue Management During Operations - A Commanders’ Guide

18. Navy – Australian Book of Reference (ABR) 6303 – Navy Safety Systems Manual, Section 4, Chapter 27, Fatigue

19. Safe Work Australia - Guide for Managing the Risk of Fatigue at Work

20. Mining NSW Fatigue Management Plan - A Practical Guide to Developing and Implementing a Fatigue Management Plan

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

HAZARDOUS MANUAL TASKS POLICY AND GUIDANCE

Policy statement

1. Defence is committed to reducing the impact on workers who undertake hazardous manual tasks. A hazardous manual task, as defined in the Work Health and Safety Regulations 2011, means a task that requires a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing involving one or more of the following:

1.1. repetitive or sustained force;

1.2. high or sudden force;

1.3. repetitive movement;

1.4. sustained or awkward posture; or

1.5. exposure to vibration.

Scope

2. This policy applies to all Defence workers, including ADF members, APS employees, ADF cadets, contractors and other persons.

3. The application of this policy to contractors and sub-contractors is dependent on the degree of control and influence that Defence has over the undertaking and will be defined within the relevant contractual arrangements.

Policy – core elements

4. This policy also applies to Defence organisations that, for the purposes of the work health and safety legislation, design, manufacture, import and/or supply plant, platforms, equipment and structures, that are likely to be handled or used during or as part of a hazardous manual task.

5. Risk management principles are to be applied in the identification of hazardous manual tasks that may cause injury and to the development and application of risk control procedures.

6. Risk assessments must be undertaken when working or planning hazardous manual tasks.

7. External/environmental and personal risk factors are to be considered in the assessment of a hazardous manual task risk.

8. Groups and Services are to develop additional procedures required to integrate the safe management of hazardous manual tasks into their specific business processes including taking reasonable steps to obtain information from designers, manufacturers, suppliers or importers of equipment.

Hazardous Manual Tasks Policy and Guidance

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Roles and responsibilities

9. Group Heads and Service Chiefs (as officers of the Person Conducting a Business or Undertaking) are responsible for allocating resources to effectively manage hazardous manual task related risks.

10. Commanders/managers and supervisors must take all practicable steps to protect the health and safety of workers. They have a responsibility to:

10.1. identify hazardous manual tasks, how these tasks are performed, the tools, objects handled and the work environment;

10.2. provide all workers with appropriate information, education, training, instruction and supervision regarding identified hazardous manual tasks;

10.3. understand how hazardous manual tasks affect their workers and the work being performed; and

10.4. consult with workers to identify, assess and control hazardous manual tasks hazards and risks.

11. All workers have a responsibility to :

11.1. understand and follow established safe work practices and procedures;

11.2. participate in appropriate training and hazard identification; and

11.3. control risks arising from hazardous manual tasks hazards in accordance with guidance.

References and related documents

12. Work Health and Safety Act 2011

13. Work Health and Safety Regulations 2011

14. Hazardous Manual Tasks: Guidance in the Prevention of Musculoskeletal Disorders in the Workplace

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 1

UNCONTROLLED IF PRINTED

HIGH RISK WORK LICENSING POLICY AND GUIDANCE

Policy statement

1. Defence will minimise the risk of injury or illness to workers by ensuring that all high risk work activities such as, but not limited to, scaffolding, rigging, crane, hoist and forklift operations are only performed by personnel who are licensed to undertake such work. High risk work requires a person to have a license to perform that work as described in the Work Health and Safety Regulations 2011, Schedule 3 – High risk work licences and classes of high risk work (Annex A).

Scope

2. This policy applies to all Defence workers including ADF members, APS employees, ADF cadets, contractors and other persons.

3. The applicability of this policy to contractors and sub-contractors is dependent on the degree of control and influence that Defence has over the undertaking and will be defined within the relevant contractual arrangements.

Policy – core elements

4. The Work Health and Safety Regulations 2011, Regulation 81 – Licence required to carry out high risk work (Annex B) requires that a person must not carry out high risk work unless the person holds a high risk work licence for that work.

5. Defence shall not allow, nor direct, a worker to carry out high risk work unless the person holds the appropriate licence for the work.

6. High risk work licences are issued by Comcare (for ADF personnel) and by state/territory regulators (for APS employees). Work Health and Safety Regulations 2011, Schedule 3 – High risk work licences and classes of high risk work sets out the classes of high risk work and the licences required.

Guidance

7. To hold a high risk work licence:

7.1. Workers must hold a qualification for the class of licence, as set out in the Work Health and Safety Regulations 2011, Schedule 4 - High Risk Work Licences - Competency Requirements (Annex C).

7.2. Workers should apply to Comcare (ADF personnel) or a state/territory regulator (APS employees) for a licence, in accordance with legislative requirements which include:

7.2.1. applying within 60 days of having been assessed and certified as competent by a certified assessor;

7.2.2. being over 18 years of age; and

7.2.3. ensure all information supports the application.

High Risk Work Licensing Policy and Guidance

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7.3. ADF personnel who already hold a nationally recognised high risk work licence issued by a State or Territory Regulator are not required to reapply through Comcare, however they may renew their licence with Comcare. All new licence applications for ADF personnel should be made through Comcare.

7.4. Workers must maintain the licence by:

7.4.1. adhering to the conditions of the licence;

7.4.2. notifying the authority who issued the licence of any amendments required to the licence; and

7.4.3. submitting an application for licence renewal prior to expiry of the current licence.

8. The Work Health and Safety Regulations 2011, Regulation 82 - Exceptions (Annex B) allows a worker to carry out high risk work without a licence in specific circumstances. Commanders, managers and supervisors of high risk work should refer to Regulation 82 for definition of those circumstances, which include:

8.1. whilst workers are in training towards certification for a licence, provided they are supervised by someone who is licensed to carry out the high risk work; and

8.2. whilst workers are waiting for their licence application to be processed, provided they have been assessed and certified as competent by a certified assessor.

9. This policy must be read in conjunction with any other SafetyMan policies that are relevant to the specific high risk work being undertaken.

Roles and responsibilities

10. Group Heads and Service Chiefs (as officers of the Person Conducting a Business or Undertaking) are responsible for allocating sufficient resources to implement the requirements of this policy to manage effectively high risk work. Group Heads and Service Chiefs must ensure:

10.1. the risks associated with high risk work are managed through the development and maintenance of safe systems of work for high risk work; and

10.2. workers are not directed, nor allowed, to carry out high risk work without evidence that they have the licence required for that work.

11. Commanders and managers are responsible for managing, overseeing and monitoring operational procedures involving high risk work and must take all practicable steps to protect the health and safety of workers. They have a responsibility to:

11.1. ensure workers who perform high risk work are appropriately licensed, trained, instructed and supervised;

11.2. ensure plant and equipment used for high risk work is operated, maintained and controlled in accordance with documented safe systems of work and operating and maintenance instructions and schedules;

11.3. ensure high risk work is identified and documented and safe systems of work are in place;

11.4. understand how hazards associated with high risk work affect their workers and the work being performed;

11.5. consult with workers to identify, assess and control high risk work hazards and risks; and

11.6. conduct risk management for high risk work activities.

High Risk Work Licensing Policy and Guidance

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12. Supervisors of workers performing high risk work must ensure:

12.1. workers are not directed, nor allowed, to perform high risk work without a licence for that class of high risk work;

12.2. workers in training for a licence are supervised by a person who has a licence in that class;

12.3. evidence is sighted, prior to commencing the work, that workers have the licence for that class of high risk work; and

12.4. records of workers who are licensed to carry out high risk work, including the classes of licence held by each worker, are recorded in PMKeyS using the proficiency codes detailed in the High Risk Work Licence – Proficiency Table (Annex D).

13. All workers have a responsibility to:

13.1. understand and follow established safe work practices and procedures, participate in appropriate training and hazard identification, and control risks arising from high risk work hazards;

13.2. comply with policy, procedures and workplace instructions relating to this policy;

13.3. not operate, construct, dismantle or alter any equipment that requires a licence for high risk work - unless they have a licence for that class of high risk work; and

13.4. ensure high risk work licences remain current and carry the licences while undertaking high risk work.

References and related documents

14. Work Health and Safety Act 2011

15. Work Health and Safety Regulations 2011

Annexes

A. Work Health and Safety Regulations 2011, Schedule 3 – High risk work licences and classes of high risk work

B. Work Health and Safety Regulations 2011

81 – Licence required to carry out high risk work

82 – Exceptions

C. Work Health and Safety Regulations 2011, Schedule 4 – High risk work licences – competency requirements

D. High Risk Work Licence – Proficiency Table

High Risk Work Licensing Policy and Guidance

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Annex A

Work Health and Safety Regulations 2011

Schedule 3 – High risk work licences and classes of high risk work

Item

High risk work licence

Description of class of high risk work

Scaffolding work

1 Basic scaffolding Scaffolding work involving any of the following:

(a) modular or pre-fabricated scaffolds;

(b) cantilevered materials hoists with a maximum working load of 500 kilograms;

(c) ropes;

(d) gin wheels;

(e) safety nets and static lines;

(f) bracket scaffolds (tank and formwork),

but excluding scaffolding work involving equipment, loads or tasks listed in item 2(2)(a) to (g) and item 3(2)(a) to (c)

2 Intermediate scaffolding

(1) Scaffolding work included in the class of Basic scaffolding; and

(2) Scaffolding work involving any of the following:

(a) cantilevered crane loading platforms;

(b) cantilevered scaffolds;

(c) spur scaffolds;

(d) barrow ramps and sloping platforms;

(e) scaffolding associated with perimeter safety screens and shutters;

(f) mast climbing work platforms;

(g) tube and coupler scaffolds (including tube and coupler covered ways and gantries),

but excluding scaffolding work involving equipment, loads or tasks listed in item 3(2)(a) to (c)

3 Advanced scaffolding

(1) Scaffolding work included in the class of Intermediate scaffolding; and

(2) Scaffolding work involving any of the following:

(a) cantilevered hoists;

(b) hung scaffolds, including scaffolds hung from tubes, wire ropes or chains;

(c) suspended scaffolds

Dogging and rigging work

4 Dogging Dogging work

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Item

High risk work licence

Description of class of high risk work

5 Basic rigging (1) Dogging work

(2) Rigging work involving any of the following:

(a) structural steel erection;

(b) hoists;

(c) pre-cast concrete members of a structure;

(d) safety nets and static lines;

(e) mast climbing work platforms;

(f) perimeter safety screens and shutters;

(g) cantilevered crane loading platforms,

but excluding rigging work involving equipment, loads or tasks listed in item 6(b) to (f) and item 7(b) to (e)

6 Intermediate rigging

Rigging work involving any of the following:

(a) rigging work in the class Basic Rigging;

(b) hoists with jibs and self-climbing hoists;

(c) cranes, conveyors, dredges and excavators;

(d) tilt slabs;

(e) demolition of structures or plant;

(f) dual lifts,

but excluding rigging work involving equipment listed in item 7(b) to (e)

7 Advanced rigging Rigging work involving any of the following:

(a) rigging work in the class Intermediate Rigging;

(b) gin poles and shear legs;

(c) flying foxes and cable ways;

(d) guyed derricks and structures;

(e) suspended scaffolds and fabricated hung scaffolds

Crane and hoist operation

8 Tower crane Use of a tower crane

9 Self-erecting tower crane

Use of a self-erecting tower crane

10 Derrick crane Use of a derrick crane

11 Portal boom crane Use of a portal boom crane

12 Bridge and gantry crane

Use of a bridge crane or gantry crane that is:

(a) controlled from a permanent cabin or control station on the crane; or

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Item

High risk work licence

Description of class of high risk work

(b) remotely controlled and having more than 3 powered operations,

including the application of load estimation and slinging techniques to move a load

13 Vehicle loading crane

Use of a vehicle loading crane with a capacity of 10 metre tonnes or more, including the application of load estimation and slinging techniques to move a load

14 Non-slewing mobile crane

Use of a non-slewing mobile crane with a capacity exceeding 3 tonnes

15 Slewing mobile crane—with a capacity up to 20 tonnes

Use of a slewing mobile crane with a capacity of 20 tonnes or less

Use of a vehicle loading crane with a capacity of 10 metre tonnes or more, excluding the application of load estimation and slinging techniques to move a load

Use of a non-slewing mobile crane with a capacity exceeding 3 tonnes

Use of a reach stacker

16 Slewing mobile crane—with a capacity up to 60 tonnes

Use of a slewing mobile crane with a capacity of 60 tonnes or less

Use of a vehicle loading crane with a capacity of 10 metre tonnes or more, excluding the application of load estimation and slinging techniques to move a load

Use of a non-slewing mobile crane with a capacity exceeding 3 tonnes

Use of a reach stacker

17 Slewing mobile crane—with a capacity up to 100 tonnes

Use of a slewing mobile crane with a capacity of 100 tonnes or less

Use of a vehicle loading crane with a capacity of 10 metre tonnes or more, excluding the application of load estimation and slinging techniques to move a load

Use of a non-slewing mobile crane with a capacity exceeding 3 tonnes

Use of a reach stacker

18 Slewing mobile crane—with a capacity over 100 tonnes

Use of a slewing mobile crane with a capacity exceeding 100 tonnes

Use of a vehicle loading crane with a capacity of 10 metre tonnes or more, excluding the application of load estimation and slinging techniques to move a load

Use of a non-slewing mobile crane with a capacity exceeding 3 tonnes

Use of a reach stacker

19 Materials hoist Use of a materials hoist

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Item

High risk work licence

Description of class of high risk work

20 Personnel and materials hoist

Use of a personnel and materials hoist

Use of a materials hoist

21 Boom-type elevating work platform

Use of a boom-type elevating work platform where the length of the boom is 11 metres or more

22 Concrete placing boom

Use of a concrete placing boom

Reach stackers

23 Reach stacker Operation of a reach stacker of greater than 3 tonnes capacity that incorporates an attachment for lifting, moving and travelling with a shipping container, but does not include a portainer crane

Forklift operation

24 Forklift truck Use of a forklift truck other than an order-picking forklift truck

25 Order-picking forklift truck

Use of an order-picking forklift truck

Pressure equipment operation

26 Standard boiler operation

Operation of a boiler with a single fuel source that does not have a pre-heater, superheater or economiser attached

27 Advanced boiler operation

Operation of a boiler, including a standard boiler, which may have one or more of the following:

(a) multiple fuel sources;

(b) pre-heater;

(c) superheater;

(d) economiser

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

29 Reciprocating steam engine

Operation of a reciprocating steam engine where the diameter of any piston exceeds 250 millimetres

1 Boom-type elevating work platform

For the purposes of table 3.1 item 21, the length of a boom is the greater of the following:

(a)the vertical distance from the surface supporting the boom-type elevating work platform to the floor of the platform, with the platform extended to its maximum height;

(b)the horizontal distance from the centre point of the boom's rotation to the outer edge of the platform, with the platform extended to its maximum distance.

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Annex B Work Health and Safety Regulations 2011

Regulation 81 - Licence required to carry out high risk work

A person must not carry out a class of high risk work unless the person holds a high risk work licence for that class of high risk work, except as provided in regulation 82.

Note 1: See section 43 of the Act.

Note 2: Schedule 3 sets out the high risk work licences and classes of high risk work that are within the scope of each licence. Schedule 4 sets out the qualifications required for a high risk work licence.

Regulation 82 - Exceptions

(1) A person who carries out high risk work is not required to be licensed to carry out the work if the work is carried out:

(a) in the course of training towards a certification in order to be licensed to carry out the high risk work; and

(b) under the supervision of a person who is licensed to carry out the high risk work.

(1A) A person who holds a certification in relation to a specified VET course for high risk work is not required to be licensed to carry out the work:

(a) for 60 days after the certification is issued; and

(b) if the person applies for the relevant high risk work licence within that 60 day period, until:

(i) the person is granted the licence; or

(ii) the expiry of 28 days after the person is given written notice under subregulation 91(2) of a decision to refuse to grant the licence.

(1B) A person who carries out high risk work is not required to be licensed to carry out the work if the work is carried out while an accredited assessor is conducting an assessment of the person’s competency in relation to the work.

(2) A person who carries out high risk work involving plant is not required to be licensed if:

(a) the work is carried out at a workplace solely for the purpose of the manufacture, testing, trialling, installation, commissioning, maintenance, servicing, repair, alteration, demolition or disposal of the plant at that workplace or moving the plant within the workplace; and

(b) the plant is operated or used without a load except when standard weight loads with predetermined fixing points are used for calibration of the plant.

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(3) For paragraph (2)(a), moving includes operating the plant in order to load the plant onto, or unload it from, a vehicle or equipment used to move it.

(4) A person who carries out high risk work with a crane or hoist is not required to be licensed as a crane operator if:

(a) the work is limited to setting up or dismantling the crane or hoist; and

(b) the person carrying out the work holds a licence in relation to rigging, which qualifies the person to carry out the work.

Note: See Schedule 3 for the classes of crane operator licence.

(5) A person who carries out high risk work with a heritage boiler is not required to be licensed as a boiler operator.

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Annex C

Work Health and Safety Regulations 2011

Schedule 4 - High risk work licences - competency requirements

This Schedule sets out the qualifications for high risk work licences.

Item Licence Class VET course

1 Basic scaffolding Licence to erect, alter and dismantle scaffolding basic level

2 Intermediate scaffolding

Licence to erect, alter and dismantle scaffolding basic level, and Licence to erect, alter and dismantle scaffolding intermediate level

3 Advanced scaffolding

Licence to erect, alter and dismantle scaffolding basic level, and Licence to erect, alter and dismantle scaffolding intermediate level, and Licence to erect, alter and dismantle scaffolding advanced level

4 Dogging Licence to perform dogging

5 Basic rigging Licence to perform dogging, and Licence to perform rigging basic level

6 Intermediate rigging Licence to perform dogging, and Licence to perform rigging basic level, and Licence to perform rigging intermediate level

7 Advanced rigging

Licence to perform dogging, and Licence to perform rigging basic level, and Licence to perform rigging intermediate level, and Licence to perform rigging advanced level

8 Tower crane Licence to operate a tower crane

9 Self-erecting tower crane Licence to operate a self-erecting tower crane

10 Derrick crane Licence to operate a derrick crane

11 Portal boom crane Licence to operate a portal boom crane

12 Bridge and gantry crane Licence to operate a bridge and gantry crane

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13 Vehicle loading crane Licence to operate a vehicle loading crane (capacity 10 metre tonnes and above)

14 Non-slewing mobile crane Licence to operate a non-slewing mobile crane (greater than 3 tonnes capacity)

15 Slewing mobile crane-with a capacity up to 20 tonnes

Licence to operate a slewing mobile crane (up to 20 tonnes)

16 Slewing mobile crane-with a capacity up to 60 tonnes

Licence to operate a slewing mobile crane (up to 60 tonnes)

17 Slewing mobile crane-with a capacity up to 100 tonnes

Licence to operate a slewing mobile crane (up to 100 tonnes)

18 Slewing mobile crane-with a capacity over 100 tonnes

Licence to operate a slewing mobile crane (over 100 tonnes)

19 Materials hoist Licence to operate a materials hoist

20 Personnel and materials hoist Licence to operate a personnel and materials hoist

21 Boom-type elevating work platform Licence to operate a boom-type elevating work platform (boom length 11 metres or more)

22 Concrete placing boom Licence to conduct concrete boom delivery operations

23 Reach stacker Licence to operate a reach stacker of greater than 3 tonnes capacity

24 Forklift truck Licence to operate a forklift truck

25 Order-picking forklift truck Licence to operate an order picking forklift truck

26 Standard boiler operation Licence to operate a standard boiler

27 Advanced boiler operation Licence to operate a standard boiler, and Licence to operate an advanced boiler

28 Turbine operation Licence to operate a turbine

29 Reciprocating steam engine operation Licence to operate a reciprocating steam engine

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Annex D

High Risk Work Licence – Proficiency Table

This table provides proficiency codes that align to competency requirements in line with the Work Health and Safety Regulations 2011, Schedule 4 – High risk work licences – competency requirements. Licences issued should be recorded against the corresponding proficiency. This enables reporting of the number or workers holding high risk work licences, as required by Comcare. PMKeyS proficiency code

PMKeyS Description

PMKeyS search code

P116080 National High Risk Work Licence - Basic scaffolding LR1001FN001

P116081 National High Risk Work Licence - Intermediate scaffolding LR1001FN002

P116082 National High Risk Work Licence - Advanced scaffolding LR1001FN003

P116083 National High Risk Work Licence - Dogging LR1001FN004

P116084 National High Risk Work Licence - Basic rigging LR1001FN005

P116085 National High Risk Work Licence - Intermediate rigging LR1001FN006

P116086 National High Risk Work Licence - Advanced rigging LR1001FN007

P116087 National High Risk Work Licence - Tower crane LR1001FN008

P116088 National High Risk Work Licence - Self-erecting tower crane LR1001FN009

P116089 National High Risk Work Licence - Derrick crane LR1001FN010

P116090 National High Risk Work Licence - Portal boom crane LR1001FN011

P116091 National High Risk Work Licence - Bridge and gantry crane LR1001FN012

P116092 National High Risk Work Licence - Vehicle loading crane LR1001FN013

P116093 National High Risk Work Licence - Non slewing mobile crane LR1001FN014

P116094 National High Risk Work Licence - Slewing mobile crane 20 tonnes LR1001FN015

P116095 National High Risk Work Licence - Slewing mobile crane 60 tonnes LR1001FN016

P116096 National High Risk Work Licence - Slewing mobile crane 100 tonnes LR1001FN017

P116097 National High Risk Work Licence - Slewing mobile crane greater than 100 tonnes LR1001FN018

P116098 National High Risk Work Licence - Materials hoist LR1001FN019

P116099 National High Risk Work Licence - Personnel and materials hoist LR1001FN020

P114887 National High Risk Work Licence - Boom type elevating work platform LR1001FN021

P116101 National High Risk Work Licence - Concrete placing boom LR1001FN022

P116102 National High Risk Work Licence - Reach stacker LR1001FN023

P115642 National High Risk Work Licence - Forklift truck LR1001FN024

P115643 National High Risk Work Licence - Order picking forklift truck LR1001FN025

P116103 National High Risk Work Licence - Standard boiler operation LR1001FN026

P116104 National High Risk Work Licence - Advanced boiler operation LR1001FN027

P116105 National High Risk Work Licence - Turbine operation LR1001FN028

P116106 National High Risk Work Licence - Reciprocating steam engine LR1001FN029

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

LEAD EXPOSURE MANAGEMENT POLICY AND GUIDANCE

Policy statement

1. Defence will take action to eliminate or, if elimination is not possible, minimise the risks to the health and safety of persons engaged in lead processes.

Scope

2. This policy applies to all Defence workers, including ADF members, APS employees, ADF cadets, contractors and other persons.

3. The application of this policy to contractors and sub-contractors is dependent on the degree of control and influence that Defence has over the undertaking and will be defined within the relevant contractual arrangements.

Policy – core elements

4. Prior to commencing a new lead process within Defence, an assessment of lead exposure will be undertaken before the work commences to allow introduction of adequate control measures to minimise potential personal lead exposures.

5. A lead process will be considered lead risk work until it is determined, through a workplace risk assessment, that lead risk work is not being undertaken.

6. If the process is determined to be lead risk work, the regulator must be notified within seven days and a copy of the notice easily accessible by workers, and health and safety representatives.

7. Workers must undergo health monitoring by a registered medical professional with experience in health monitoring, both prior to and during the undertaking of lead risk work.

8. Defence will investigate all breaches of the Work Health and Safety Regulations 2011, Regulation 415 – Removal of worker from lead risk work (Annex A).

9. Environmental and personal risk factors are to be considered in the assessment of lead exposure risk.

Roles and responsibilities

10. Group Heads and Service Chiefs as officers of the Person Conducting a Business or Undertaking are responsible for allocating sufficient resources to effectively manage lead exposure related risks.

11. Commanders/managers and supervisors must take all practicable steps to protect the health and safety of workers. They have a responsibility to:

11.1. understand how lead exposure affects their workers and the work being performed;

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11.2. consult with workers to identify, assess and control lead exposure related hazards and risks;

11.3. ensure the appropriate risk management is conducted for all activities;

11.4. provide all workers with appropriate information, education, training, instruction and supervision; and

11.5. implement improvements to reduce lead exposure related risks, so far as is reasonably practicable.

12. All workers using, handling and/or storing a lead-based substance/material, in accordance with the Work Health and Safety Regulations 2011, Regulation 392 – Meaning of lead process (Annex B), need to maintain safe work practices. In particular workers are to:

12.1. use the control measures provided by Defence in the way they are intended to be used;

12.2. participate in suitable induction and training programs;

12.3. use the control measures provided for lead-containing hazardous chemicals, plant and processes;

12.4. wear, in a proper manner, the personal protective equipment provided;

12.5. store personal protective equipment in the accommodation provided when the personal protective equipment is not in use;

12.6. remove from their person any personal protective equipment which could cause contamination, and wash before eating, drinking or smoking;

12.7. practice a high standard of personal hygiene, and make proper use of necessary facilities provided for washing, showering and bathing before eating and drinking;

12.8. co-operate with their respective commanders/managers and supervisors in performing workplace risk assessments;

12.9. report promptly to their commanders/managers, through their supervisor, any defects discovered in any control measure, label, or item of personal protective equipment which could affect compliance with the provisions of the Work Health and Safety Regulations 2011;

12.10. co-operate with their respective commanders/managers and supervisors in the conduct of appropriate atmospheric monitoring and/or health monitoring programs that arise from assessments;

12.11. in the case of a female staff member, using, handling and/or storing lead in the workplace, inform her commander/manager as soon as practicable if she is trying to get pregnant, is pregnant or is breast-feeding;

12.12. report for blood lead testing as required;

12.13. attend health monitoring activities if directed by commanders/managers or supervisors; and

12.14. report results of blood lead tests to commanders/managers and supervisors. (The main concern here is for civilian workers and/or contractors to advise Defence of the results of their blood lead tests. Commanders/managers and supervisors must be

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mindful of their need to ensure medical confidentiality of the informed results while maintaining health and safety standards in the workplace).

Guidance

13. Lead process - a process that creates a risk to the health of a worker at the workplace having regard to blood lead levels of workers, or airborne lead, of the Work Health and Safety Regulations 2011, Regulation 392 – Meaning of lead process and Regulation 393 – Regulator may decide lead process (Annex C).

14. Lead risk work - a lead process that is likely to cause the blood lead level of a worker carrying out the work to exceed:

14.1. for a female of reproductive capacity — 10μg/dL (0.48μmol/L); or

14.2. in any other case - 30μg/dL (1.45μmol/L).

15. A lead process risk assessment must have regard for the following:

15.1. past biological monitoring results of workers;

15.2. airborne lead levels in the workplace; and

15.3. the form of lead in use.

16. Health monitoring is to include as a minimum:

16.1. demographic, medical and occupational history;

16.2. physical examination; and

16.3. biological monitoring

17. Work Health and Safety Regulation 2011, Regulation 415 – Removal of worker from lead risk work (Annex D), identifies a requirement to remove workers from carrying out lead risk work where their levels of exposure reaches, or is likely to reach, prescribed markers. If this occurs, Defence is to:

17.1. determine the exact cause of the exposure;

17.2. determine the likelihood of recurrence;

17.3. enable the development of risk management controls to prevent future incidents;

17.4. contribute to the continuous improvement of Defence’s safety management system; and

17.5. notify the regulator.

References and related documents

18. Work Health and Safety Act 2011

19. Work Health and Safety Regulations 2011

19.1. Chapter 7.1 - Hazardous Chemicals

19.2. Chapter 7.2 - Lead

20. SafetyMan

20.1. Hazardous Chemicals Management Policy

20.2. Work Health and Safety Event (Incident) Reporting Policy

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21. Code of Practice - Labelling of Workplace Hazardous Chemicals

22. Code of Practice - Preparation of Safety Data Sheets for Hazardous Chemicals

23. Safe Work Australia Lead (inorganic) - Hazardous Chemicals Requiring Health Monitoring

24. Defence Health Manual

24.1. Volume 2, Part 9, Chapter 03 Management of Pregnant Members of the Australian Defence Force

24.2. Volume 2, Part 14, Chapter 07 Determining the Requirement for Occupational Health Monitoring in the Australian Defence Force

24.3. Volume 2, Part 14, Chapter 08 - Health Surveillance of Inorganic Lead Exposure for Australian Defence Force Personnel

25. Final Report of the Expert Panel to Review SAS Veterans’ Health Concerns, December 2003

26. DEF (AUST) 5000, ADF Materiel Requirement Set, Volume 3, Hull Systems Requirements, Part 4 Painting, 23 August 2002

27. FACOPS Project Delivery Step 4.8 - Disposal of Existing Infrastructure (includes demolition)

28. Australian Standards

28.1. AS1319:1994 - Safety Signs for the Occupational Environment

28.2. AS4361.1:1995 - Guide to Lead Paint Management - Industrial Applications

28.3. AS4361.2:1998 - Guide to Lead Paint Management - Residential and Commercial Buildings

28.4. AS/NZS 1269.0:2005 - Occupational Noise Management, Appendix C, Lead is an Ototoxic Metal

29. IARC Monographs on the Evaluation of Carcinogenic Risks to Humans - Volume 87 - Inorganic and Organic Lead Compounds, Summary of Data Reported and Evaluation, World Health Organization International Agency for Research on Cancer, October 2006

Annexes

A. Work Health and Safety Regulations 2011, Regulation 415 - Removal of worker from lead risk work

B. Work Health and Safety Regulations 2011, Regulation 392 - Meaning of lead process

C. Work Health and Safety Regulations 2011, Regulation 393 - Regulator may decide lead process

D Work Health and Safety Regulations 2011, Regulation 415 - Removal of worker from lead risk work

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Annex A

Work Health and Safety Regulations 2011

415 - Removal of worker from lead risk work

(1) A person conducting a business or undertaking for which a worker is carrying out work must immediately remove the worker from carrying out lead risk work if following health monitoring:

(a) biological monitoring of the worker shows that the worker’s blood lead level is, or is more than:

(i) for females not of reproductive capacity and males—50μg/dL (2.42μmol/L); or

(ii) for females of reproductive capacity—20μg/dL (0.97μmol/L); or

(iii) for females who are pregnant or breastfeeding—15μg/dL (0.72μmol/L); or

(b) the registered medical practitioner who supervised the health monitoring recommends that the worker be removed from carrying out the lead risk work; or

(c) there is an indication that a risk control measure has failed and, as a result, the worker’s blood lead level is likely to reach the relevant level for the worker referred to in paragraph (a).

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) The person must notify the regulator as soon as practicable if a worker is removed from carrying out lead risk work under subregulation (1).

Penalty:

(a) In the case of an individual—$3 600.

(b) In the case of a body corporate—$18 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

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Annex B

Work Health and Safety Regulations 2011

392 - Meaning of lead process

In this Part, a lead process consists of any of the following carried out at a workplace:

(a) work that exposes a person to lead dust or lead fumes arising from the manufacture or handling of dry lead compounds;

(b) work in connection with the manufacture, assembly, handling or repair of, or parts of, batteries containing lead that involves the manipulation of dry lead compounds, or pasting or casting lead;

(c) breaking up or dismantling batteries containing lead, or sorting, packing and handling plates or other parts containing lead that are removed or recovered from the batteries;

(d) spraying molten lead metal or alloys containing more than 5% by weight of lead metal;

(e) melting or casting lead alloys containing more than 5% by weight of lead metal in which the temperature of the molten material exceeds 450° C;

(f) recovering lead from its ores, oxides or other compounds by thermal reduction process;

(g) dry machine grinding, discing, buffing or cutting by power tools alloys containing more than 5% by weight of lead metal;

(h) machine sanding or buffing surfaces coated with paint containing more than 1% by dry weight of lead;

(i) a process by which electric arc, oxyacetylene, oxy gas, plasma arc or a flame is applied for welding, cutting or cleaning, to the surface of metal coated with lead or paint containing more than 1% by dry weight of lead metal;

(j) radiator repairs that may cause exposure to lead dust or lead fumes;

(k) fire assays if lead, lead compounds or lead alloys are used;

(l) hand grinding and finishing lead or alloys containing more than 50% by dry weight of lead;

(m) spray painting with lead paint containing more than 1% by dry weight of lead;

(n) melting lead metal or alloys containing more than 50% by weight of lead metal if the exposed surface area of the molten material exceeds 0.1 square metre and the temperature of the molten material does not exceed 450° C;

(o) using a power tool, including abrasive blasting and high pressure water jets, to remove a surface coated with paint containing more than 1% by dry weight of lead and handling waste containing lead resulting from the removal;

(p) a process that exposes a person to lead dust or lead fumes arising from

manufacturing or testing detonators or other explosives that contain lead;

(q) a process that exposes a person to lead dust or lead fumes arising from firing weapons at an indoor firing range;

(r) foundry processes involving:

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(i) melting or casting lead alloys containing more than 1% by weight of lead metal in which the temperature of the molten material exceeds 450° C; or

(ii) dry machine grinding, discing, buffing or cutting by power tools lead alloys containing more than 1% by weight of lead metal;

(s) a process decided by the regulator to be a lead process under regulation 393.

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Annex C

Work Health and Safety Regulations 2011

393 - Regulator may decide lead process

(1) The regulator may decide that a process to be carried out at a workplace is a lead process.

(2) The regulator must not decide that the process is a lead process unless the regulator is satisfied on reasonable grounds that the process creates a risk to the health of a worker at the workplace having regard to blood lead levels of workers, or airborne lead levels, at the workplace.

Note: A decision that a process is a lead process is a reviewable decision (see regulation 676).

(3) The regulator must, within 14 days after a decision is made under subregulation (1), give written notice of the decision to the person conducting a business or undertaking at the workplace.

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Annex D

Work Health and Safety Regulations 2011

415 - Removal of worker from lead risk work

(1) A person conducting a business or undertaking for which a worker is carrying out work must immediately remove the worker from carrying out lead risk work if following health monitoring:

(a) biological monitoring of the worker shows that the worker’s blood lead level is, or is more than:

(i) for females not of reproductive capacity and males—50μg/dL (2.42μmol/L); or

(ii) for females of reproductive capacity—20μg/dL (0.97μmol/L); or

(iii) for females who are pregnant or breastfeeding—15μg/dL (0.72μmol/L); or

(b) the registered medical practitioner who supervised the health monitoring recommends that the worker be removed from carrying out the lead risk work; or

(c) there is an indication that a risk control measure has failed and, as a result, the worker’s blood lead level is likely to reach the relevant level for the worker referred to in paragraph (a).

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) The person must notify the regulator as soon as practicable if a worker is removed from carrying out lead risk work under subregulation (1).

Penalty:

(a) In the case of an individual—$3 600.

(b) In the case of a body corporate—$18 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017

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LEAD EXPOSURE MANAGEMENT PROCEDURE 01 - MANAGEMENT OF LEAD IN INDOOR FIRING RANGES

1. This procedure provides guidance on the management of lead in indoor firing ranges (small arms ranges) and relates to the SafetyMan – Lead Exposure Management Policy and Guidance.

2. The management of lead dust and fumes from the discharge of small arms is a hazard exacerbated when conducted in indoor ranges where dilution ventilation is not available. This procedure provides technical information to range management to ensure that lead exposure to workers is kept to a minimum, so far as is reasonably practicable, and that lead is managed in the workplace to prevent contamination spreading to living accommodation and/or homes.

3. It is useful to range operators, occupational hygienists, safety professionals and technicians in performing range evaluations, understanding conditions that require additional expertise and developing operation and maintenance procedures.

Management considerations

4. Meeting Defence work health and safety requirements is a multi-faceted effort and requires the coordination of occupational health personnel, facility managers, maintainers, trainers, and facility users to develop procedures to safely operate indoor firing ranges for training purposes and to conduct maintenance. All personnel involved with range operations must obtain a thorough understanding of the facilities and processes in order to identify potential health hazards.

5. Review and orientation with the Indoor firing range facilities should consider identifying locations and practices that increase the risk for exposures to health hazards, and to develop procedures and adjust practices to prevent exposures to, or the spread of lead and other toxic material contamination. Areas such as break rooms, offices, locker/change rooms, government vehicles, privately owned vehicles and housing should all be considered residue collection areas that increase risk to long term exposure and risk to others.

Indoor firing range classification

6. When assessing occupational exposure to lead, the indoor firing ranges must be characterised. Characterisation of the range is important as it allows prioritisation of surveillance and monitoring efforts to determine likely exposure-risk populations. Indoor firing ranges may be placed into three categories: high, moderate, and low occupational exposure facilities.

7. High occupational exposure facilities such as indoor firing ranges have one or more of the following conditions:

7.1. large volume of use either through number of personnel, number of rounds fired per practice (greater than 1000 per service member per day), type of training,

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number of practices per month (thirty or more), or number of training practices between cleanings;

7.2. exposure concerns due to non-existent or poorly designed ventilation systems; and

7.3. training areas and facilities without a proper, or having an inadequate, system of air circulation.

8. Moderate occupational exposure facilities have engineering or operational challenges that experience a high volume of use, but are utilised at a lower rate than high occupational exposure facilities. Moderate occupational exposure facilities include, but are not limited to:

8.1. Indoor firing ranges that do not fall into the high occupational exposure facility category;

8.2. range facilities that experience high volumes of fire (more than 500 but less than 1000 rounds per shooter per day) or large numbers of shooters operating in compressed spaces (eg less than one meter separation between shooters); and

8.3. long-use training facilities that have not experienced routine cleanings, unless demonstrated otherwise by sampling and analysis.

9. Low occupational exposure facilities are properly designed and operated and have either large volumes of air flow or low volume round counts. Low occupational exposure facilities include, but are not limited to outdoor firing ranges.

Indoor firing range physical features

10. The following physical features of the indoor firing ranges may impact control of exposure to environmental hazards and should be considered when assessing compliance with occupational exposure requirements:

10.1. building construction material and design;

10.2. the presence or absence of mechanical ventilation and/or local exhaust or supply ventilation;

10.3. interior configuration as it influences ventilation, the potential to accumulate particulates due to reduced air flow or the formation of turbulence and eddies;

10.4. provisions for regularly scheduled evaluation and maintenance of supply and exhaust ventilation if applicable;

10.5. the availability of electrical power to the facility;

10.6. the presence or absence of adequate lighting; and

10.7. type of construction material, coatings, and porous versus non-porous surfaces.

Indoor firing range procedures and compliance

11. The potential for exposure is related to the operations of range and ancillary facilities such as laundry, weapons cleaning and maintenance. Range procedures must document the following elements:

11.1. the description of work practices, eg what’s required, what’s recommended and what’s permissible;

11.2. requirement for posting of signage related to lead hazards;

11.3. cleaning and maintenance requirements;

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11.4. if there are adjacent or associated facilities where lead contamination may spread, include cleaning requirements for those areas;

11.5. personal protective equipment requirements;

11.6. procedure for developing and approving training plans with lead exposure mitigation support requirements incorporated for exercises;

11.7. requirement to conduct lead exposure awareness and mitigation as part of the range safety briefing;

11.8. requirement to conduct lead and toxic material exposure awareness classes for instructors and high volume use personnel; and

11.9. document progress updates during safety reviews.

Indoor firing range ancillary facilities

12. A working knowledge of the location, design and potential risks associated with the use of all facilities that support the indoor firing ranges must be maintained including the following:

12.1. the presence or absence of hygiene facilities or change facilities and their location with reference to the indoor firing ranges and break/lunch rooms;

12.2. the provision of change rooms and the ability to segregate “dirty” and “clean” clothes;

12.3. laundry facilities and whether they provided and/or operated by contractors;

12.4. weapons cleaning and maintenance; and

12.5. classrooms and offices.

Personal protective equipment

13. Respiratory protection requirements are based on the overall exposure risk to personnel operating and utilising the range. Respiratory protection and controls are required for any personnel exposed to an eight hour time weighted average airborne lead concentration that reaches 50% of the workplace atmospheric exposure standard of 0.15 mg/m3 for an eight hour shift. This level is considered a significant risk to health and range procedures must be reviewed and ensure the following:

13.1. if 50% of the exposure standard is exceeded, instructors or high use personnel must wear respiratory protection when conducting range operations. Respiratory protection should be a minimum of a P2 respirator;

13.2. all personnel involved in cleaning/maintenance (including students/trainees) must utilise masks during clean up operations. Masks should be worn regardless of airborne lead level to prevent inhalation of deposited lead material;

13.3. masks that require fitting are properly fitted and maintained;

13.4. filters are replaced as required and expended filters properly disposed of; and

13.5. personnel using respirators are enrolled in the installation respiratory protection program.

14. Any personnel involved in cleaning of the range (ie daily wet wiping, high efficiency particulate air vacuum cleaning, disposal of spent range produce (eg casings)) are required to wear nitrile gloves, P2 respirator and Tyvek coveralls.

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Indoor firing range cleaning regime

15. A cleaning regime and schedule for routine and comprehensive cleaning must be developed and will depend on the frequency and intensity of the indoor firing range use.

16. Examples of cleaning schedules include:

16.1. floors and workbenches, where practicable and according to the level of contamination, are cleaned daily;

16.2. washing and changing rooms and facilities for eating and drinking should be washed, cleaned at least once per day; and

16.3. the frequency of cleaning inside walls and ceilings will vary according to the degree of contamination. Overhead ledges and fixtures should be cleaned as frequently as necessary to prevent the accumulation of lead deposits.

17. Areas expected to be considered clean of lead contamination such as a lobby, offices or lunch rooms will require frequent cleaning. The transition areas between the clean and contaminated environment that are frequented, including the decontamination room and firing line, require frequent cleaning to reduce excess amounts of contamination, and maintain integrity of the clean and contaminated line.

18. Other areas that are considered to be lead contaminated but are not regularly accessible will require far less frequent cleaning, such as the wall, ceilings and floor down range.

19. Monitoring of contaminated waste bins every day when the facility is in use, and disposal of materials to avoid overflowing of bins.

20. The maintenance activities of removing bullets from the bullet trap and changing out filters in the ventilation system must be included in the cleaning regime. Filters should be changed by maintenance contractors/personnel with experience/certification in this area.

21. The cleaning regime must also take into account fire or explosion risks from un-burnt propellant build up.

Cleaning staff

22. Where contractors are engaged to undertake the cleaning, ensure the work statement clearly defines the cleaning requirements and acceptable procedures.

23. Contracted cleaners should have experience/knowledge in cleaning indoor firing range’s or other lead process/risk areas and trained in the operation and maintenance of high efficiency particulate air vacuum cleaners. Facility managers must establish a workplace procedure for cleaning and include the following:

23.1. a cleaning schedule;

23.2. surfaces to be cleaned;

23.3. testing of surfaces to verify the efficacy of the cleaning;

23.4. tools and equipment required (dry sweeping and the use of compressed air are prohibited);

23.5. maintenance of cleaning equipment and who is responsible (high efficiency particulate air vacuum cleaners may contain large amounts of lead particulate and should not be disposed of by range personnel as filters are considered lead contaminated waste); and

23.6. ensure waste streams are captured and disposed of in accordance with Commonwealth and State/Territory regulatory requirements.

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24. Facility managers and maintainers should provide training on the following:

24.1. health effects of lead and lead exposure;

24.2. locations where lead accumulates in range operations;

24.3. regulations, and standards;

24.4. abatement and mitigation measures; and

24.5. clean-up, disposal, and clearance.

Indoor firing range cleaning methods and techniques

25. Only high efficiency particulate air vacuuming and wet cleaning methods as described below should be used. Dry sweeping, dry dusting, and the use of compressed air are prohibited.

26. All waste generated by cleaning, including wash or rinse water should be disposed of through hazardous waste specialists. Waste streams may be classified as hazardous waste depending on lead content.

27. Coordinate with occupational hygiene personnel to ensure that lead exposures are adequately monitored/controlled and that work practices are evaluated during cleaning tasks.

28. Comprehensive cleaning involves cleaning all surfaces by high efficiency particulate air vacuum followed by wet cleaning. An initial comprehensive clean should be carried out if one has not been done within the last twelve months.

29. Floors and horizontal surfaces should be cleaned on a regular basis. Floor and horizontal surfaces such as booth shelves or target retrieval systems may need daily cleaning if heavily used. Otherwise, cleaning should be performed once or twice a week.

30. Cleaning can be conducted either with a vacuum equipped with a high efficiency particulate air filter or wet methods. An explosion-proof high efficiency particulate air vacuum is necessary due to the possible build-up of unburned powder and should be dedicated to lead dust cleanup. The ventilation system must be on during cleanup operations.

31. Cleaning should start at the farthest point from the main entrance/exit and progress towards the main entrance/exit and finish there. Begin at the top of each room or space and work downward, finishing with the floor. Clean all surfaces in the space including bullet traps, target stands and any other furnishings. It is essential that there is a methodical sequence when cleaning to avoid passing through areas already cleaned.

32. Surfaces such as porous concrete, old porous hardwood floors and areas such as corners of rooms and window troughs pose especially difficult cleaning challenges. Porous concrete and corners of rooms normally require additional vacuuming to achieve an acceptable level of cleanliness.

33. Routine cleaning procedures should be used to clean lunch/break rooms and change areas daily and to clean other ancillary areas such as corridors, classrooms, and quarters that have been determined to be contaminated.

34. If a break (lunch) room is available, it shall have smooth, easily cleanable surfaces. It must be cleaned often enough to maintain surface dust loading less than 20 µg/100 cm2. An active range shall not be used as a storage or office area.

35. After the cleaning work is completed, the supervisor shall visually evaluate the entire work area to ensure that all work has been completed and all visible dust and debris have been removed. If the visual examination results are unsatisfactory, affected surfaces must be

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retreated and/or re-cleaned. If after passing the final visual examination, the space fails the clearance wipe dust tests, the high efficiency particulate air /wet wash/ high efficiency particulate air cleaning cycle shall be repeated. Re-cleaning shall be conducted under the direct supervision of range supervisor. Care shall be exercised during the re-cleaning of failed surfaces or components to avoid re-contaminating cleared surfaces or components.

Range cleaning – brass recovery and recycling

36. Following range practices, spent bullet casings (ie brass) will need to be recovered for recycling. Brass will be contaminated with lead dust and should be considered contaminated. The cleanup of brass shall not involve the use of brooms, ie a wooden casino rake can be useful. The ventilation system will be turned on during cleanup operations. The following procedures are to be adopted for the management of brass recovery operations on indoor ranges:

36.1. cleaners are to wear appropriate personal protective equipment when collecting brass (when cooled) from the range including:

36.1.1. P2 respirator;

36.1.2. disposable overalls; and

36.1.3. disposable gloves.

36.2. brass (spent/unspent/different calibres) on the range is to be gathered using a suitable raking system or high efficiency particulate air fitted vacuum cleaner and is not to involve the use of dry sweeping;

36.3. brass collected from the range, where no sorting is required, is to be placed in heavy duty clear plastic bags for transport to the recycling centre or return to the supplier, and all sorted bags are to be labelled as being lead contaminated; and/or

36.4. brass collected from the range, where sorting is required (spent/unspent/different calibres), is to be placed in heavy duty clear plastic bags, or heavy duty plastic buckets (with a dust cover or filled with water) for manual handling ease, for transport/relocation to the sorting area. Wet methods are to be used in the sorting of the casings as follows:

36.4.1. empty the collected brass into a container of water and sort brass types into new heavy duty clear plastic bags for transfer to the recycling centre or return to the supplier;

36.4.2. all sorted bags are to be labelled as being lead contaminated; and

36.4.3. contaminated water is to be sent to industrial waste for disposal. Local procedures are to be developed for the collection, storage and removal of contaminated waste by an approved contractor under an industrial waste contract.

Range cleaning – waste disposal

37. Any debris shall be raked or high efficiency particulate air vacuumed and placed in single 6–mil or double 4–mil plastic bags, which shall then be sealed and stored along with other contaminated debris. The hazard control contractor and the disposal contractor will work together to establish formal procedures, specifying selected containers, storage areas and debris pickups to ensure that all relevant regulations are met.

Range cleaning – decontamination of workers, supplies and equipment

38. Decontamination is necessary to ensure that worker’s families, other workers, and subsequent properties do not become contaminated. Procedures are to be developed to

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ensure proper decontamination of equipment, tools, and materials prior to their removal from lead hazard control containment areas. Work clothing, work shoes, and tools shall not be placed in a worker’s automobile unless they have been laundered or placed in sealed bags.

39. For operations where contamination is likely, workers shall vacuum off their clothing with a high efficiency particulate air vacuum before exiting the range. Vacuuming shall reduce the spread of lead dust contamination to other areas of the building or to personal vehicles or quarters.

40. All vacuums and tools that were used shall be wiped down using sponges or rags and detergent solutions. Consumable/disposable supplies, such as mop heads, sponges, and rags, shall be discarded after each space is completed and treated as contaminated waste.

41. Durable equipment, such as power and hand tools, generators, and vehicles shall be cleaned prior to their removal from the site. The cleaning shall consist of a thorough high efficiency particulate air vacuuming followed by washing.

42. Personal protective equipment clothing is to be maintained and available for workers who use the range, perform range maintenance or clean the range where contamination is likely. Laundry facilities shall be provided (if feasible) on site to further reduce the risk of spreading lead contamination. Clothing personal protective equipment which has been used in a lead risk area is to be bagged in a plastic container and moved to the laundry facility and washed using a specialist cleaning agent such as D-Lead™ washing powder.

43. Where the provision of on-site laundry facilities is not feasible, the range manager shall enter into an industrial cleaning contract to ensure clothing is laundered in an appropriate manner and not taken to the user’s home for laundering.

44. Personal equipment such as body armour, webbing and boots should be brushed in the range area while ventilation is in operation and an appropriate P2 rated face mask worn. This will reduce the risk of lead contamination being transferred to other areas. (Air curtains which do not focus compressed air onto clothing and equipment may be an alternative).

45. To limit contamination of objects, bags and clothing, only the weapon to be fired and the necessary ammunition shall be carried into the range. Coat racks or lockers external to the range are recommended. Range support and cleaning equipment shall be easily accessible, but in a separate storage closet.

Personal hygiene

46. Strict adherence to personal hygiene practices is critical to prevent hand-to-mouth lead ingestion. At a minimum, hand washing facilities or lead removal wipes which meet the criteria for dermal use (such as Hygenall™, D-Lead™, or LeadTech™) must be readily available to individuals working or training at the facility.

47. Shooters shall wash hands and face thoroughly before eating, drinking or smoking. Washroom facilities shall be provided with hot and cold water and soap or a powdered skin cleanser or a specialist cleansing agent, such as D-Lead™ soap. A change room must be provided with showers (if feasible) if workers are exposed above the occupational exposure standard.

Administrative controls

48. Administrative controls or range operational policies can be used to reduce exposures and should be included in the range’s standard operating procedures. Other lead exposures resulting from hobbies, off-duty shooting and other work duties such as soldering can

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contribute to the individual’s total lead exposure and should be considered in the maximum allowable exposure time.

49. Signs must be fixed to the entry to the indoor firing range indicating that it is a lead work area. Each sign is to be visible at all points of access. The written words LEAD WORK AREA should be printed on indoor firing range signs. All safety signs must comply with the requirements of Australian Standard 1319:1994 – Safety Signs for the Occupational Environment.

Exposure monitoring - evaluation overview

50. From a safety and health perspective, it is necessary to determine if an indoor range is operating properly. The range must be evaluated from two perspectives; the physical/mechanical and the operational, as below:

50.1. physical/mechanical includes the facility design, construction and the mechanical systems used in the facility; and

50.2. operational focuses on how the range is operated, ie the interaction of the occupants, weapons and ammunition with the facility.

51. The annual evaluation of mechanical ventilation systems will be conducted by a specialist ventilation engineer taking into consideration air movements where the operator creates flow disturbances which could result in contamination remaining in the operators breathing zone. All ADF indoor weapons ranges are to be reviewed annually.

Evaluation – air sampling

52. Air sampling in the personal breathing zone of shooters and range instructors is imperative in assessing exposures. A qualified occupational hygienist shall be used to undertake the air tests using a National Association of Testing Authorities approved laboratory to conduct the analyses. The following information shall be recorded in addition to the required data presented by occupational hygiene practice:

52.1. the type of training being conducted;

52.2. frequency of training;

52.3. number of shooters;

52.4. shooter placement (lane number);

52.5. weapon type(s);

52.6. calibre and manufacturer of the ammunition;

52.7. jacketed or non-jacketed bullets;

52.8. number of rounds expended; and

52.9. other activity, such as weapons cleaning and brass recovery that would contribute to exposure.

53. Air monitoring is to be used:

53.1. when there is uncertainty about the level of exposure;

53.2. to indicate whether the exposure standards are being exceeded or approached; and

53.3. to test the effectiveness of the control measures.

54. Results from air monitoring will indicate how effective control measures are, eg whether ventilation systems are operating as intended. If monitoring identifies that the exposure

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standard is being exceeded, the control measures must be reviewed and any necessary changes made.

55. Air monitoring cannot be used to determine a risk to health via skin contact of airborne chemicals.

56. Air monitoring must be undertaken where a risk assessment or lead management plan identifies a significant risk to range personnel/users health.

Surface monitoring for lead

57. Currently there are no quantitative occupational exposure limits for lead contamination of surfaces. Surfaces should be kept as free of lead contamination as is practicable. Wipe sampling is recommended for developing cleaning procedures, verifying their effectiveness and adequacy or to assist in determining sources of exposures. A site-specific internal performance standard must be developed by completing wipe sample measurements after a careful, well supervised cleaning procedure has been completed. The results of these samples can be used to periodically verify that cleaning procedures are being performed effectively. These site-specific cleaning performance standards will likely vary widely between different types of surfaces due to differences in roughness and porosity.

58. Wipe samples may also be used to examine levels in clean or ancillary areas. An active range shall not be used as a storage or office area.

59. Appropriate procedures are to be prepared by an occupational hygienist and a National Association of Testing Authorities approved laboratory is to be used to analyse the samples.

60. Estate and Infrastructure Group is to monitor the effectiveness of cleaning at indoor ranges through regular audit of the process. Quick sampling techniques are available and details can be obtained by contacting the Work Health and Safety Branch.

Mechanical systems - ventilation

61. A proper indoor firing range ventilation design will include a supply and exhaust air ventilation system that removes contaminated air and supplies fresh air. This prevents the accumulation of contaminated air and evenly distributes fresh air. If monitoring identifies exposures to lead above the exposure limit, consider opportunities to add improved ventilation so that air movement is enhanced.

62. The exhaust system releases contaminated air away from the range. The exhaust discharge must be separated from the supply air intake. If the range is part of a larger building or adjacent to other buildings, the range exhaust shall not be located where cross contamination can occur. Note: prevailing wind patterns or building projections that may cause turbulence or eddy currents which can affect ventilation effectiveness.

63. Filtration of the exhausted air is required on all indoor ranges to prevent contamination of the environment or cross contamination of other air inlets. Provisions for increasing fan size to handle increased static pressures must be considered if exhaust filtration is retrofitted. A pressure drop (magnehelic/incline manometer) gauge across the filter is recommended to indicate when filter changes are required.

64. The air shall be exhausted at or behind the bullet stop. Some ranges are designed to have multiple exhaust points down range.

65. The distribution of the supply air is critical in determining the effectiveness of the ventilation system. Supply air systems are designed to distribute air evenly across the width of the firing range (for laminar flow ventilation systems). If not evenly distributed, air flow at the firing line will be turbulent, causing lead and other contaminants to be carried

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back into the shooter’s breathing zone. Supply air shall be introduced as far up range as possible.

66. When a ceiling to floor and wall to wall supply distribution system is used, there shall be no obstructions (storage, shelves, tables etc.) to the air flow between the intake and the shooting station.

67. The system shall maintain laminar flow of 0.26 - 0.38 m/s over the cross sectional area at the firing line with a preference of 0.38 m/s.

68. The following measures must also be taken to ensure engineering controls are effectively protecting personnel:

68.1. use smoke testing to identify spaces with stagnant air;

68.2. identify locations where fans or grilles could be retrofitted to improve air distribution; and

68.3. check that mechanical ventilation systems are operating (including whether fan belts are in place) and in good working order, with no debris blocking inlets or outlets.

69. Check for regular preventive maintenance of the ventilations systems including scheduled filter changes and flow tests.

Health monitoring for lead exposure

70. Health monitoring is used to assess an individual’s health to identify and prevent adverse health effects from exposure to lead. Health monitoring is not to be used as an alternative to the maintenance of control measures.

71. A workplace assessment of the indoor firing range must be undertaken in accordance with the Work Health and Safety Regulations, Regulation 402 – Identifying lead risk work (Annex A) and Work Health and Safety Act 2011, Section 12F – Interaction with Commonwealth criminal law (Annex B) to determine if a process is considered to be lead risk work and if health monitoring of personnel is required. Lead risk jobs within Defence may include:

71.1. personnel who fire large numbers of rounds within an indoor firing range (this does not include personnel who only fire occasionally at indoor ranges, as they are not in lead-risk jobs and do not require health surveillance);

71.2. personnel involved in the running, maintenance and cleaning of indoor firing ranges;

71.3. armourers; and

71.4. any other person with frequent lead exposures as defined by their commanding officer.

72. If a process is determined to be lead risk work, the Group or Service must refer the matter to the appropriate Director of Health for the services to request health monitoring by a registered medical professional with experience in health monitoring. ADF Members will receive health monitoring in accordance with the Defence Health Manual, Volume 2, Part 14, Chapter 8 – Health Surveillance of Inorganic Lead Exposure for Australian Defence Force Personnel.

73. For non-ADF members the Group or Service must refer the matter to the Senior Physician in Occupational and Environmental Medicine for advice regarding the health monitoring process.

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74. Group Heads and Service Chiefs have the final authority as officers of the Person Conducting a Business or Undertaking to direct health monitoring to occur. In the event that Groups or Services decide to carry out health monitoring in contradiction to the respective Surgeon General Australian Defence Force or Senior Physician in Occupational and Environmental Medicine for advice, the Groups and Services will be responsible for the cost of that health monitoring.

References and related documents

75. Work Health and Safety Act 2011

76. Work Health and Safety Regulations 2011

77. Australian Standard 1319:1994 – Safety Signs for the Occupational Environment.

78. Defence Health Manual, Volume 2, Part 14, Chapter 8 – Health Surveillance of Inorganic Lead Exposure for Australian Defence Force Personnel.

Annexes

A. Work Health and Safety Regulations 2011, Regulation 402 - Identifying lead risk work

B. Work Health and Safety Act 2011- 12 – Scope - 12F - Interaction with Commonwealth criminal law

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Annex A

Work Health and Safety Regulations 2011

402 - Identifying lead risk work

(1) A person conducting a business or undertaking at a workplace must assess each lead process carried out by the business or undertaking at the workplace to determine if lead risk work is carried out in the process.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) In assessing a lead process, the person must have regard to the following:

(a) past biological monitoring results of workers;

(b) airborne lead levels;

(c) the form of lead used;

(d) the tasks and processes required to be undertaken with lead;

(e) the likely duration and frequency of exposure to lead;

(f) possible routes of exposure to lead;

(g) any information about incidents, illnesses or diseases in relation to the use of lead at the workplace.

(3) In assessing a lead process, the person must not have regard to the effect of using personal protective equipment on the health and safety of workers at the workplace.

(4) If a person conducting a business or undertaking at a workplace is unable to determine whether lead risk work is carried out in a lead process at the workplace, the process is taken to include lead risk work until the person determines that lead risk work is not carried out in the process.

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Annex B

Work Health and Safety Act 2011

12 – Scope - 12F - Interaction with Commonwealth criminal law

(1) Section 4AB of the Crimes Act 1914 does not apply to the provisions of this Act.

(2) Strict liability applies to each physical element of each offence under this Act, unless otherwise stated.

(3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against this Act.

Defence People Policy, SafetyMan

MANAGEMENT OF PLANT POLICY

Policy statement

1. Defence will manage plant safely and will ensure, so far as is reasonably practicable, that it is without risks to the health and safety of workers. Plant covers a broad range of items such as machinery, equipment, a container, an implement or tool and includes anything fitted or connected to any of those things. Plant includes lifts, cranes, computers, machinery, conveyers, forklifts, vehicles, power tools and amusement devices.

Scope

2. This policy applies to all Defence workers, including ADF members, APS employees, ADF cadets, contractors and other persons.

3. The application of this policy to contractors and sub-contractors is dependent on the degree of control and influence that Defence has over the undertaking and will be defined within the relevant contractual arrangements.

Policy – core elements

4. General requirements for the management of plant include:

4.1. it must be managed from a plant life-cycle perspective through the application of risk management throughout the upstream, in-service and out-of-service management stages;

4.2. risks associated with plant must be documented and routinely evaluated to ensure the safety of workers in accordance with the Work Health and Safety Act 2011;

4.3. all workers who may be exposed to risk associated with plant must be appropriately consulted, informed, trained, instructed, supervised and licensed if required;

4.4. plant registers (where mandated) must be maintained and accessible as required, including documentation related to design and alterations, testing, commissioning, decommissioning, dismantling, maintenance and assurance activities; and

4.5. all issues, defects and/or events related to plant must be reported through all relevant Defence systems (eg Interim Business Intelligence System, Sentinel).

5. Plant must be safe to use and operate, and maintained in accordance with manufacturer specifications and relevant technical standards.

Group Responsibilities

6. Capability Acquisition and Sustainment Group is responsible for plant that is:

6.1. defined as specialist military equipment and supports the life cycle activities of specialist military equipment such as maintenance; and

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Management of Plant Policy

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6.2. provided as government furnished equipment or other equipment in support of specialist military equipment unless the responsibility is determined through contract or devolved through Service Level Agreement to other Groups or Services.

7. Defence Estate and Infrastructure Group is responsible for plant that is provided as government furnished equipment unless a contract specifies responsibility lies elsewhere and it is regarded as being in support of specialist military equipment. In this case it becomes the responsibility of Capability Acquisition and Sustainment Group or is devolved through Service Level Agreements to other Groups or Services.

8. Groups and Services are responsible for plant management and maintenance oversight where:

8.1. maintenance oversight has been specified under a Service Level Agreement from Capability Acquisition and Sustainment Group or Defence Estate and Infrastructure Group; or

8.2. equipment is procured through Group or Service means and not provided by Capability Acquisition and Sustainment Group or Defence Estate and Infrastructure Group.

Roles and responsibilities

9. Group Heads and Service Chiefs (as officers of the Person Conducting a Business or Undertaking) are responsible for ensuring:

9.1. allocation of sufficient resources to effectively manage plant related risks;

9.2. work involving plant is carried out in accordance with the Work Health and Safety Regulations 2011;

9.3. the risks to workers health and safety are eliminated or minimised so far as is reasonably practicable for all work involving plant conducted in a workplace;

9.4. communication and consultation with managers or supervisors in relation to safe management where plant-related work is being undertaken; and

9.5. emergency and safety equipment such as personal protective equipment is made available.

10. Commanders/supervisors and managers must take all practicable steps to protect the health and safety of workers. They have a responsibility to:

10.1. understand how work involving plant affects their workers and the work being performed;

10.2. consult with workers to identify, assess and control plant related hazards and risks;

10.3. ensure appropriate risk management is conducted for all plant related activities;

10.4. implement improvements to reduce plant related risks, so far as is reasonably practicable; and

10.5. provide, maintain and ensure workers use personal protective equipment correctly.

11. All workers have a responsibility to:

11.1. report any defect relating to plant (eg missing guards, faulty switch controls etc) in their work area, to their supervisor as soon as is reasonably practicable;

11.2. not interfere with, misuse or render safety measures ineffective (eg remove guarding);

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11.3. understand and follow established safe work practices and procedures, participate in appropriate training and hazard identification, and control risks arising from plant related work in accordance with guidance;

11.4. advise supervisors of any perceived risk that could increase exposure to injury or illness; and

11.5. use personal protective equipment in accordance with the information, instruction and training provided. For further information refer to SafetyMan – Personal Protective Equipment Policy.

References and related documents

12. Work Health and Safety Act 2011

13. Work Health and Safety Regulations 2011

14. Australian Radiation Protection and Nuclear Safety Act 1988

15. Australian Radiation Protection and Nuclear Safety Regulations 1999

16. Safety, Rehabilitation and Compensation Act 1988

17. Code of Practice - Managing the risks of plant in the workplace

18. Defence Radiation Safety Manual

19. Work Health and Safety Management System

20. Defence Estate and Infrastructure Group Technical Instruction for Management of Registrable Plant

21. Capability Acquisition and Sustainment Group Procedure (LOG) 04-0-003 - Management of Plant – Joint Special Licence (JSL)

22. Capability Acquisition and Sustainment Group Policy (E&T) 12-8-001 - Materiel System Safety

23. Joint Logistics Command (JLC) WHSMS: Procedure 28 – JLC High Risk Plant - Joint Special Licence

24. Defence Science and Technology Group WHS PRO 058 Joint Special Plant Licence

25. Defence Estate Quality Management System (DEQMS)

26. Military Integrated Logistics Information System (MILIS)

27. Sentinel

28. Joint e-Health Data and Information (JeHDI)

Date of release: July 2017 Current as at: September 2017 3

Defence People Policy, SafetyMan

MANAGEMENT OF PLANT PROCEDURE 01 - WORKSHOP TOOLS

1. This procedure relates to SafetyMan - Management of Plant Policy and provides guidance on the safe operation and management of workshop tools.

Introduction

2. Workshop tools fall within the definition of plant under the Work Health and Safety Act 2011 Division 3 - Subdivision 1, Definitions (Annex A) and includes:

2.1. any machinery, equipment, appliance, container, implement and tool; and

2.2. any component of any of those things; and

2.3. anything fitted or connected to any of those things.

3. This definition covers small appliances, such as hand tools, powered and non-powered. The use of workshop tools must comply with the general duty of care and risk management requirements of the Work Health and Safety Act 2011 and the specific hazard management requirements of the Work Health and Safety Regulations 2011 relating to plant.

4. The design and construction of hand and power tools are to conform to the relevant Defence contractual agreement and Australian Standards, where they exist.

5. If any tool is found to be unsafe by nature of its design, function or intended use, the matter should be reported to the supervisor so that an investigation can be conducted.

6. Where Defence imports hand and power tools into Australia the Work Health and Safety Act 2011 may deem Defence to be the manufacturer and/or supplier, which carries obligations to ensure that the products are of a quality that will not cause health and safety issues in the workplace.

7. All workers are to be trained in the correct method of use for the tools required to perform work tasks to ensure safe use. Training should also encompass inspection of tools to detect faults and maintenance requirements to prevent deterioration. Some potentially dangerous tools require the operator to undergo specialist training or hold specific competencies or licences, eg operators of explosive powered tools must receive instruction by registered training organisations.

8. Supervision must be provided to ensure tools are used correctly, that the appropriate tools are selected for the task being performed, that the tools are maintained in a safe condition and stowed safely when not in use. Supervisors are to ensure that when required, the appropriate personal protective equipment is worn.

9. Where power tools are being used and the likelihood of injury exists, the presence of another person who can render assistance in case of an emergency is necessary.

10. Inspection of tools is the responsibility of both operators and supervisors. When tools are found to be defective they must be immediately removed from use, then either repaired, or scrapped and replaced. Electrical tools must be inspected and tested for earth leakage in accordance with Work Health and Safety Regulations 2011, Regulation 150 – Inspection

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and testing of electrical equipment (Annex B) and documented in an electrical equipment register (refer to SafetyMan - Electrical Safety Policy and Guidance).

11. Table 1 - Common Hand and Power Tools, contains general information on handling tools that are typically found in workshops.

Table 1 – Common Hand and Power Tools

Screwdrivers • Screwdrivers are often misused as levers, chisels, scrapers and for other work for which they are not designed. In addition, screwdrivers are often not kept in a satisfactory, safe working condition. The wrong size or type of screwdriver for the job is often the cause of damage or breakdown.

• A frequent cause of incidents is holding the work piece in the palm of the hand while tightening up screws; a slip can result in a serious injury with the blade penetrating the hand or wrist. The work piece is to be securely held in a vice or other firm support.

• Screwdrivers are to be maintained by grinding the tip to fit the slot in the screw head or replaced. Handles must be securely attached. The handle surface should be smooth and free from cracks and burrs. Various type of cross tip screwdrivers such as ‘Phillips’ should be disposed of when the tip becomes burred or rounded.

Metal working chisels • Mushroom heads on chisels can produce flying chips or splinters which are dangerous, particularly to the eyes. A slight taper, ground around the periphery of the head helps reduce the formation of mushrooming. Cutting edges must always be kept sharp and at the correct angle for the material of the work piece.

Files and rasps • Files and rasps are not to be used without a handle. The sharp pointed tang can be driven into the hand if the file slips. Files are not to be used as punches, drifts or as a lever. The high tempered steel is brittle and will shatter.

Edged tools • Some tools require a sharp cutting edge to ensure efficiency and safety to the user. These are tools such as saws, chisels, axes, knives and planes. If tools of this description are not maintained with a good cutting edge, there is a greater tendency towards injury causing incidents owing to tools slipping. Handles of sharp-edged tools must be firmly attached. Appropriate storage of sharp-edge tools, when not in use, is particularly important.

Power tools

(Power Tools Continued)

• Power tools must be inspected each time they are used. Damaged equipment should be withdrawn from use immediately. Pneumatic tools should be maintained regularly, in accordance with specified instructions.

• Guards on angle grinders, power saws and similar equipment are not to be removed. The lower part of these guards is often

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pivoted and controlled by a spring to reduce exposure of the blade whilst not cutting. These guards are not to be interfered with or fastened in the open position.

Machine tools

12. Machine tools can present a number of hazards relating to the power and speed of moving parts. Nearly all moving parts driven by power are dangerous and personal contact with them often results in serious injury, sometimes death. Machine tools are to be guarded or isolated in such a way as to reduce the likelihood of an incident.

13. Machine hazards can consist of the following:

13.1. thermal - dangerously hot or cold;

13.2. electrical - potential for shock and/or burns;

13.3. chemical - spillage, leak or splash;

13.4. acoustic - noise, heavy vibration;

13.5. radiation - ionising or non-ionising; and

13.6. mechanical - in-running nips (such as between pulley and belt), cutting edges, rotating, reciprocating parts, punching, shearing and bending actions.

14. Local procedures must be developed for operators of machine tools for detecting, reporting and correcting deficiencies in new and existing equipment.

15. Inspection is the responsibility of both operators and supervisors. If machine tools are found to be defective they are to be clearly signposted and immediately isolated to prevent use until repairs have been made. Records are to be maintained and kept for any scheduled maintenance and pre-use inspections.

16. Any machine tool found to be unsafe by nature of its design, function or intended use is to be reported immediately to the supervisor and the relevant health and safety representative. This information may need to be notified to the Work Health and Safety Branch through Sentinel (or Smartform AE 527) or as a Report on Defective or Unsatisfactory Materiel (RODUM) to enable the safety information to be disseminated.

17. All workers are to be trained in the use of machine tools prior to operation. Training should also encompass inspection of the machine prior to use to detect faults and the routine maintenance required to maintain the machine in safe working order. Workers are to hold any competencies or licences required by work health and safety legislation to use or operate the machine.

18. Supervision must be provided to ensure that machine tools are being used correctly and that the correct tools have been selected for use with the machine. Supervisors are to ensure that the highest level of risk controls (from the hierarchy of controls) is used and personal protective equipment, if required, is appropriate. Machine tools are to only be used in the presence of another person who can render assistance in case of emergency.

19. As far as practicable, access to dangerous moving parts of machinery is to be prevented by enclosure within the body of the machine or by the provision of guards. No machine tool is to be operated unless all guards are fixed in place and are in a serviceable condition.

References and related documents

20. Work Health and Safety Act 2011

21. Work Health and Safety Regulations 2011

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22. SafetyMan - Electrical Safety Policy and Guidance

Annexes

A. Work Health and Safety Act 2011, Division 3, Subdivision 1 - Definitions.

B. Work Health and Safety Regulations 2011, Regulation 150 - Inspection and testing of electrical equipment.

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Annex A

Work Health and Safety Act 2011

Division 3, Subdivision 1 – Definitions

In this Act:

plant includes:

(a) any machinery, equipment, appliance, container, implement and tool; and

(b) any component of any of those things; and

(c) anything fitted or connected to any of those things.

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Annex B

Work Health and Safety Regulations 2011

150 - Inspection and testing of electrical equipment

(1) A person conducting a business or undertaking at a workplace must ensure that electrical equipment is regularly inspected and tested by a competent person if the electrical equipment is:

(a) supplied with electricity through an electrical socket outlet; and

(b) used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust.

Penalty:

(a) In the case of an individual—$3 600.

(b) In the case of a body corporate—$18 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(2) In the case of electrical equipment that is new and unused at the workplace, the person conducting the business or undertaking:

(a) is not required to comply with subregulation (1); and

(b) must ensure that the equipment is inspected for obvious damage before being used.

Penalty:

(a) In the case of an individual—$3 600.

(b) In the case of a body corporate—$18 000.

Note 1: However, electrical equipment that is unsafe must not be used (see regulation 149).

Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) The person must ensure that a record of any testing carried out under subregulation (1) is kept until the electrical equipment is:

(a) next tested; or

(b) permanently removed from the workplace or disposed of.

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Penalty:

(a) In the case of an individual—$1 250.

(b) In the case of a body corporate—$6 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(4) The record of testing:

(a) must specify the following:

(i) the name of the person who carried out the testing;

(ii) the date of the testing;

(iii) the outcome of the testing;

(iv) the date on which the next testing must be carried out; and

(b) may be in the form of a tag attached to the electrical equipment tested.

Date of release: July 2017 Current as at: July 2017 7

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 1

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MANAGING PERSONNEL EXPOSURE TO EXCESSIVE HEAT/COLD POLICY AND GUIDANCE

Policy statement

1. Defence will manage exposures to adverse heat and cold temperatures to ensure that its personnel can carry out work without undue risk to there health or safety.

Scope

2. This policy applies to all Defence workers, including ADF members, APS employees, ADF cadets, contractors and other persons.

3. The application of this policy to contractors and sub-contractors is dependent on the degree of control and influence that Defence has over the undertaking and will be defined within the relevant contractual arrangements.

Policy – core elements

4. Defence must identify all reasonably foreseeable exposure to excessive heat/cold.

5. Risk assessments must be undertaken when planning work activities that could involve exposure to excessive heat/cold.

6. The risk management process must be applied before conducting operations/training. Risks must continually be re-assessed as environmental hazard input changes.

7. Workplace procedural documents such as standard operating procedures must be developed to manage risks relating to worker exposure to excessive heat/cold. The risks are to be documented in workplace risk registers.

8. Workers who could be exposed to excessive heat/cold must be adequately trained and supervised so they can undertake tasks in accordance with procedural documents.

9. Casualty management procedures for exposure to heat /cold are to be included in workplace procedures and training.

10. ADF cadets require additional consideration in relation to the potential effects of exposure to excessive heat. Further information for managing ADF cadet exposure to excessive heat is in SafetyMan – Managing Personnel Exposure to Heat/Cold Procedure 01 - Managing ADF Cadet Exposure to Excessive Heat.

11. This policy relates to the following sections (identified in Annex A) of the Work Health and Safety Act 2011:

11.1. Section 19 - Primary duty of care;

11.2. Section 20 - Duty of persons conducting businesses or undertakings involving management or control of workplaces; and

11.3. Section 27-29 - Duty of officers, workers or other persons.

Managing Personnel Exposure to Excessive Heat/Cold Policy and Guidance

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Roles and responsibilities

12. Group Heads and Service Chiefs as officers of the Persons Conducting a Business or Undertaking are responsible for allocating resources to manage effectively the risks associated with potential exposure to excessive heat/cold.

13. Commanders, managers and supervisors must take all practicable steps to protect the health and safety of workers. They have a responsibility to:

13.1. understand how excessive heat/cold could affect their workers and the work being performed;

13.2. consult with workers to identify, assess and control hazards and risks associated with exposure to excessive heat/cold;

13.3. ensure the appropriate risk management is conducted for all activities that could expose workers to excessive heat/cold;

13.4. provide all workers with appropriate information, education, training and instruction about heat/cold-related hazards and risks, and supervision; and

13.5. implement improvements to reduce the risk of exposure to excessive heat/cold, so far as is reasonably practicable.

14. All workers have a responsibility to:

14.1. take all reasonably practical steps to safeguard their own health and safety and the safety of others in the workplace;

14.2. understand and follow established safe work practices and procedures, participate in appropriate training and hazard identification, and control risks arising from potential exposure to excessive heat/cold in accordance with guidance;

14.3. advise supervisors of any perceived heat/cold exposure risk that could increase the likelihood or consequence of injury or illness;

14.4. monitor themselves and their fellow workers, and take action when they observe elevated risks to themselves or others; and

14.5. report heat/cold exposure events that caused, or could have caused injury or illness.

References and related documents

15. Work Health and Safety Act 2011

16. Work Health and Safety Regulations 2011

17. All Defence commanders and managers, whose workers could be exposed to excessive cold, should consult the following reference in conjunction with this policy and guidance: Australian Army Land Warfare Procedures—General LWP–G 3-9-4 Operating in Cold Conditions, Chapter 1, Human Performance in Cold Environments

18. Additionally, Navy commanders/managers should consult the following reference if their workers could be exposed to excessive cold: Australian Book of Reference 6303, Navy Safety Systems Manual, Section 4, Chapter 13, ‘Hot and Cold Working Environments’

19. Air Force—Australian Air Publication 6730.001, Air Force Safety Manual, Part 2, Section 1, Chapter 3, Thermal Conditions

20. SafetyMan – Managing Personnel Exposure to Heat/Cold Procedure 01 - Managing ADF Cadet Exposure to Excessive Heat

Managing Personnel Exposure to Excessive Heat/Cold Policy and Guidance

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Annex

A. Work Health and Safety Act 2011, Part 2 (Section 19, Section 20 and Sections 27-29)

Managing Personnel Exposure to Excessive Heat/Cold Policy and Guidance

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Annex A

Work Health and Safety Act 2011

Part 2 Health and safety duties

Division 2 – Primary duty of care

Section 19 - Primary duty of care

(1) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of:

(a) workers engaged, or caused to be engaged by the person; and

(b) workers whose activities in carrying out work are influenced or directed by the person; while the workers are at work in the business or undertaking.

(2) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.

(3) Without limiting subsections (1) and (2), a person conducting a business or undertaking must ensure, so far as is reasonably practicable:

(a) the provision and maintenance of a work environment without risks to health and safety; and

(b) the provision and maintenance of safe plant and structures; and

(c) the provision and maintenance of safe systems of work; and

(d) the safe use, handling and storage of plant, structures and substances; and

(e) the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities; and

(f) the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and

(g) that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking.

(4) If:

(a) a worker occupies accommodation that is owned by or under the management or control of the person conducting the business or undertaking; and

(b) the occupancy is necessary for the purposes of the worker’s engagement because other accommodation is not reasonably available;

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the person conducting the business or undertaking must, so far as is reasonably practicable, maintain the premises so that the worker occupying the premises is not exposed to risks to health and safety.

(5) A self-employed person must ensure, so far as is reasonably practicable, his or her own health and safety while at work.

Note: A self-employed person is also a person conducting a business or undertaking for the purposes of this section.

Division 3 – Further duties of persons conducting businesses or undertakings

Section 20 - Duty of persons conducting businesses or undertakings involving management or control of workplaces

(1) In this section, person with management or control of a workplace means a person conducting a business or undertaking to the extent that the business or undertaking involves the management or control, in whole or in part, of the workplace but does not include:

(a) the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking; or

(b) a prescribed person.

(2) The person with management or control of a workplace must ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.

Division 4 – Duty of officers, workers and other persons

Section 27 - Duty of officers

(1) If a person conducting a business or undertaking has a duty or obligation under this Act, an officer of the person conducting the business or undertaking must exercise due diligence to ensure that the person conducting the business or undertaking complies with that duty or obligation.

(2) Subject to subsection (3), the maximum penalty applicable under Division 5 of this Part for an offence relating to the duty of an officer under this section is the maximum penalty fixed for an officer of a person conducting a business or undertaking for that offence.

(3) Despite anything to the contrary in section 33, if the duty or obligation of a person conducting a business or undertaking was imposed under a provision other than a provision of Division 2 or 3 of this Part or this Division, the maximum penalty under section 33 for an offence by an officer under section 33 in relation to the duty or obligation is the maximum penalty fixed under the provision creating the duty or obligation for an individual who fails to comply with the duty or obligation.

(4) An officer of a person conducting a business or undertaking may be convicted or found guilty of an offence under this Act relating to a duty under this section whether or not the person

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conducting the business or undertaking has been convicted or found guilty of an offence under this Act relating to the duty or obligation.

(5) In this section, due diligence includes taking reasonable steps:

(a) to acquire and keep up-to-date knowledge of work health and safety matters; and

(b) to gain an understanding of the nature of the operations of the business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations; and

(c) to ensure that the person conducting the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; and

(d) to ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and

(e) to ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty or obligation of the person conducting the business or undertaking under this Act; and

(f) to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e).

Examples: For the purposes of paragraph (e), the duties or obligations under this Act of a person conducting a business or undertaking may include:

(a) reporting notifiable incidents;

(b) consulting with workers;

(c) ensuring compliance with notices issued under this Act;

(d) ensuring the provision of training and instruction to workers about work health and safety;

(e) ensuring that health and safety representatives receive their entitlements to training.

Section 28 - Duties of workers

While at work, a worker must:

(a) take reasonable care for his or her own health and safety; and

(b) take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and

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(c) comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act; and

(d) co-operate with any reasonable policy or procedure of the person conducting the business or undertaking relating to health or safety at the workplace that has been notified to workers.

Section 29 - Duties of other persons at the workplace

A person at a workplace (whether or not the person has another duty under this Part) must:

(a) take reasonable care for his or her own health and safety; and

(b) take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and

(c) comply, so far as the person is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person conducting the business or undertaking to comply with this Act.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

MANAGING PERSONNEL EXPOSURE TO EXCESSIVE HEAT/COLD PROCEDURE 01 - MANAGING ADF CADET EXPOSURE TO EXCESSIVE HEAT

1. The following information is provided to assist Defence workers to administer, implement or apply the SafetyMan – Managing Personnel Exposure to Excessive Heat/Cold Policy and Guidance in relation to ADF cadet activities.

2. For managing ADF cadet’s exposure to excessive heat, the principles detailed in SafetyMan - Managing Personnel Exposure to Excessive Heat/Cold Procedure 02 - Managing Exposure to Excessive Heat Using the Wet Bulb Temperature and Civilian Work/Rest Table are to be applied. This procedure also provides additional requirements relating to cadets and cadet activities.

Age differences

3. Defence has an obligation under the Work Health and Safety Act 2011 to protect ADF cadets from harm to their health and safety at work. ADF cadets can be as young as 12 years of age. These children, along with adolescent cadets, do not adapt as effectively as adults when exposed to the combined stresses of exercise and heat so special consideration must be given to preventing and managing heat injury during cadet activities. The reasons for the difference in ability to adapt to the stresses of exercise and heat are that:

3.1. children have a greater surface area to body mass ratio than adults, which causes greater heat gain from the environment;

3.2. children produce more metabolic heat per kilogram than adults during physical activities;

3.3. sweating capacity is considerably lower in children than adults—which reduces their ability to dissipate body heat by evaporation of sweat;

3.4. children take longer than adults to acclimatise;

3.5. children frequently do not feel the need to drink enough to replenish fluid loss during prolonged exercise; and

3.6. children’s core body temperature rises faster than adult’s during exercise.

Heat risk factors

4. The heat risk factors detailed in SafetyMan - Managing Personnel Exposure to Excessive Heat/Cold Procedure 02 - Managing Exposure to Excessive Heat Using the Wet Bulb Temperature and Civilian Work/Rest Table must be considered when planning/conducting ADF cadet activities. The following factors also must be considered when planning and conducting ADF cadet activities:

4.1. Cadets may be inadequately prepared for activity in the heat and may have a greater need (than adults) to acclimatise in preparation for the activity. Further, children lose

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their acclimatisation quicker than adults; hence, ongoing effort to maintain an adequate level of acclimatisation may be required.

4.2. Cadets who lack physical fitness for an activity may over-exert themselves to succeed. Children are affected by excessive physical exertion with insufficient rest/recovery time between bouts of high-intensity exercise (eg repeat sprints). Hence frequent rest/recovery should be planned in the activity.

4.3. Children require ready access to fluids to maintain required hydration levels.

Heat injury prevention strategies

5. The following heat injury prevention strategies are recommended for activities involving ADF cadets:

5.1. Implement an acclimatisation program. The intensity and duration of physical activities should be increased gradually over a period of 10 to 14 days to allow cadets to acclimatise to heat and humidity. Note that short periods of time in air-conditioned buildings can lead to a rapid loss of heat acclimatisation.

5.2. Implement awareness programs. Commanders and managers (instructors of cadets) should promote awareness of heat risk management strategies among cadets and instructors of cadets.

5.3. Provide first aid training. Workers trained to recognise the early symptoms and to treat heat injuries should be readily available during cadet physical activities.

5.4. Make cool water readily available. Further, the means to cool workers quickly (eg fans, ice packs) must be available always.

5.5. Educate cadets about the importance of proper preparation, adequate hydration, recovery and rest as well as the ability to recognise the symptoms of heat injury in themselves and in others, and the importance of honest reporting of injury so action can be taken to prevent future injuries.

5.6. Ensure cadets remain adequately hydrated—through supervision, recognising the symptoms of inadequate hydration and ensuring water is readily available.

5.7. Assuming adequate pre-hydration, 12 year olds should drink 100 to 250 ml of liquids every 20 minutes, with this increasing up to 1.0 to 1.5 litres of fluid per hour for adolescents during heavy exercise.

5.8. Cool water is usually sufficient to maintain hydration. However, if the activity is prolonged or repeated, electrolyte supplemented fluids should be considered, particularly during very high temperatures and/or humidity. Salt tablets should not be consumed.

5.9. Modify activities. If the temperature and/or humidity levels are very high, consideration should be given to modifying planned activities by:

5.9.1. reducing the duration;

5.9.2. lowering the intensity;

5.9.3. rescheduling the activity to a different day, or time of day;

5.9.4. increasing the frequency of breaks or rest periods; and/or

5.9.5. moving the activity to a shaded/cooler place.

5.10. Develop an action management plan for any cadet with chronic or acute medical conditions. Cadets should avoid or limit physical activities if they are ill or recently have been ill.

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5.11. To facilitate the evaporation of sweat, in hot or humid conditions limit clothing to one layer of absorbent material.

6. Specific guidance for Australian Army Cadets (AAC) is available via the Australian Army Cadets Standing Orders Volume 3, Chapter 3 HOT - Heat Management Paragraph 6.9.

References and related documents

7. Work Health and Safety Act 2011

8. Australian Army Cadets Standing Orders Volume 3, Chapter 3 HOT - Heat Management Paragraph 6.9

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

MANAGING PERSONNEL EXPOSURE TO EXCESSIVE HEAT/COLD PROCEDURE 02 - MANAGING EXPOSURE TO EXCESSIVE HEAT USING THE WET BULB GLOBE TEMPERATURE AND CIVILIAN WORK/REST TABLE

1. The following information is provided to assist Defence personnel to administer, implement or apply the SafetyMan – Managing Personnel Exposure to Excessive Heat/Cold Policy and Guidance.

2. Defence personnel shall use the wet bulb globe temperature to assess the level of environmental risk.

Wet bulb globe temperature

3. The wet bulb globe temperature is expressed in degrees Celsius (°C). The wet bulb globe temperature differs from the ambient temperature (which is also expressed in °C) because the wet bulb globe temperature incorporates the effect of relative humidity, air flow, radiant heat from the sun and nearby equipment and the temperature in the shade. Hence, the wet bulb globe temperature is based on three measurements.

4. The measurements are: the wet bulb temperature (TWB) which represents the effect of relative humidity and air flow; the black globe temperature (TBG) which represents the effect of radiant heat; and the dry bulb temperature (TDB) which is the ambient temperature in the shade. These measurements are used to calculate the wet bulb globe temperature—a heat stress index—which can be used to set work rates and work/rest times so workers do not suffer heat injuries.

5. Note, the wet bulb globe temperature is not effective in certain environments (e.g. humid/tropical environments). The following Service/Group policies provide guidance on application in these environments:

5.1. Australian Army Cadets Standing Orders Volume 3, Chapter 3 HOT - Heat Management Paragraph 6.9;

5.2. Australian Book of Reference 6303, Navy Safety Systems Manual, Section 4, Chapter 13, Hot and Cold Working Environments; and

5.3. Australian Air Publication 6730.001, Air Force Safety Manual, Part 2, Section 1, Chapter 3, Thermal Conditions.

Using the wet bulb globe temperature

6. Heat-related risk can be managed effectively by controlling the duration and intensity of work to minimise the probability that the workers’ core body temperatures will be sustained above 38°C (ie by controlling the workers’ rates of heat production). Managers and supervisors must set the work rate and work/rest cycles for their workers to ensure they are not injured by heat stress.

Procedure 02 - Managing Exposure to Excessive Heat Using the Wet Bulb Globe Temperature

Date of release: July 2017 Current as at: July 2017 2

UNCONTROLLED IF PRINTED

7. Once measured, wet bulb globe temperatures can be used in conjunction with the table in paragraph 16 to set appropriate work/rest times. Note, however, that the wet bulb globe temperature should be adjusted to suit the clothing worn by workers (refer to paragraph 12–13) and to suit the work rate (refer to paragraph 14).

Estimating the wet bulb globe temperature

8. If a wet bulb globe temperature measuring device is unavailable, an estimate of wet bulb globe temperature may be used. A table of estimates is available through the Bureau of Meteorology website which also provides nation-wide real-time forecasts and observations.

9. The approximations on the Bureau of Meteorology website are not always sufficiently accurate and may lead to incorrect estimates of heat stress—refer to the following examples—hence, use of the approximations must be supplemented by a risk assessment:

9.1. example 1—in cloudy and windy conditions, the approximation may lead to an over-estimation of heat stress;

9.2. example 2—in windless and humid conditions, the approximation is likely to lead to an under estimation of heat stress; and

9.3. example 3—at night time or early in the morning, when the sun is low/below the horizon, approximation can lead to an over estimation of heat stress.

Civilian work/rest tables

10. Using the wet bulb globe temperatures, managers and supervisors must set work rates and work/rest cycles for their workers to ensure they are not injured by heat stress.

11. The tables in this procedure are to be used to determine appropriate regimes of work and rest breaks to prevent heat injury. The tables are based on an un-trained, unacclimatised civilian workforce with a low level of fitness and with pre-existing medical conditions.

Clothing adjustments

12. Although clothing provides protection from the physical environment, clothing usually worsens heat stress when operating in hot environments. Consequently, the wet bulb globe temperature should be adjusted to accommodate the clothing being worn, so the work rate and work/rest times can be adjusted accordingly.

13. The following table shows common types of clothing workers may be wearing in a hot environment and the suggested adjustment to the wet bulb globe temperature reading. The table specifies the additional °C that should be added to the wet bulb globe temperature.

Clothing type Addition to wet bulb globe temperatures (°C) action

Work clothes (long sleeve shirt and long trousers) 0

Summer work uniform 0

Cotton coveralls 0

Cloth (woven material) coveralls 0

Polypropylene coveralls 0.5

Limited use vapour barrier coveralls 1.1

Procedure 02 - Managing Exposure to Excessive Heat Using the Wet Bulb Globe Temperature

Date of release: July 2017 Current as at: July 2017 3

Limited use light splash protection overalls (eg Tychem® QC)

10

Note:

13.1. Adjustments for coveralls assume that only modesty clothing is worn underneath, not a second layer of clothing.

13.2. Wet bulb globe thermometer adjustments cannot be added together for multiple layers.

13.3. These values should not be used for encapsulating suits or wearing Nuclear Biological Chemical Defence clothing at Mission Oriented Protection Posture 4.

Work rate categories

14. The following table provides examples illustrating the work rate categories used in the civilian work/rest table in paragraph 15.

Work rate category Examples

Sitting with moderate arm and leg movements

Standing with light work at machine or bench while using mostly arms

Light

Driving

Using a table saw

Standing with light or moderate work at machine or bench and some walking

Scrubbing in a standing position

Moderate

Walking about with moderate lifting or pushing

Walking on level at 6km/hr while carrying 3kg weight load

Carpenter sawing by hand

Heavy

Shovelling dry sand

Heavy assembly work on a non-continuous basis

Intermittent heavy lifting with pushing or pulling (e.g. pick and shovel work)

Very heavy

Shovelling wet sand

Civilian work/rest table

15. The following table details work/rest regimes for civilians working at various work rates and at various wet bulb globe temperature values (°C) which have been adjusted for clothing.

UNCONTROLLED IF PRINTED

Procedure 02 - Managing Exposure to Excessive Heat Using the Wet Bulb Globe Temperature

Date of release: July 2017 Current as at: July 2017 4

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Work rate (wet bulb globe temperature values in °C)

Acclimatised worker Unacclimatised worker

Light Moderate Heavy Very Heavy

Light Moderate Heavy Very Heavy

Work/rest per hour %

29.5C 27.5C 26C - 27.5C 25C 22.5C - 100% work

30.5C 28.5C 27.5C - 29C 26.5C 24.5C - 75% work

25% rest

31.5C 29.5C 28.5C 27.5C 30C 28C 26.5C 25C 50% work

50% rest

32.5C 31C 30C 29.5C 31C 29C 28C 26.5C 25% work

75% rest

Note:

15.1. Values in this table assume eight-hour workdays and five-day working weeks with conventional breaks.

15.2. Table adapted from American Conference of Government Industrial Hygienists (ACGIH) 2006 - Threshold Limit Values (TLVs®) and Biological Exposure Indices (BEIs®). Current tables may be obtained by requesting the updated publication via the Defence Library Service.

References and related documents

16. Australian Army Cadets Standing Orders Volume 3, Chapter 3 HOT - Heat Management Paragraph 6.9;

17. Australian Book of Reference 6303, Navy Safety Systems Manual, Section 4, Chapter 13, Hot and Cold Working Environments; and

18. Australian Air Publication 6730.001, Air Force Safety Manual, Part 2, Section 1, Chapter 3, Thermal Conditions.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

NOISE MANAGEMENT POLICY AND GUIDANCE

Policy statement

1. Defence has a responsibility to provide and maintain a safe and healthy work environment, including protecting workers from noise-induced hearing loss and tinnitus which can occur from exposure to excessive noise in the workplace.

Scope

2. This policy applies to all Defence workers, including ADF members, APS employees, ADF cadets, contractors and other persons.

3. The application of this policy to contractors and sub-contractors is dependent on the degree of control and influence that Defence has over the undertaking and will be defined within the relevant contractual arrangements.

Policy – core elements

4. Risk assessments must be undertaken when planning or conducting activities that could cause excessive noise.

5. Noise-related risks are to be eliminated or reduced so far as reasonably practicable by application of the hierarchy of controls ensuring worker exposure does not exceed the exposure standard.

6. Environmental and personal risk factors are to be considered in the assessment of noise-related risk.

Roles and responsibilities

7. Group Heads and Service Chiefs as officers of the Person Conducting a Business or Undertaking are responsible for allocating sufficient resources to effectively manage noise related risks.

8. Commanders/managers and supervisors must take all practicable steps to protect the health and safety of workers. They have a responsibility to:

8.1. understand how noise affects their workers and the work being performed;

8.2. consult with workers to identify, assess and control noise related hazards and risks;

8.3. ensure appropriate risk management is conducted for activities so that noise exposure does not exceed the exposure standard;

8.4. provide all workers with appropriate information, education, training, instruction and supervision;

8.5. implement improvements to reduce noise related risks so far as is reasonably practicable;

8.6. provide audiometric testing to all workers who are required by Defence to use personal protective equipment (hearing protection); and

Noise Management Policy and Guidance

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8.7. analyse event reports for which exposure to noise was the cause or a contributing factor.

9. All workers have a responsibility to:

9.1. take all reasonably practicable steps to safeguard their own health and safety, and the safety of others in the workplace;

9.2. understand and follow established safe work practices and procedures, participate in appropriate training and hazard identification, and control risks arising from noise related hazards in accordance with guidance;

9.3. wear personal protective equipment provided, as directed;

9.4. advise supervisors of any perceived risk that could increase exposure to injury or illness;

9.5. monitor themselves and their fellow workers and take action when they observe elevated risks to themselves or others; and

9.6. report events that caused, or could have caused, hearing-related injury or illness.

Noise and hearing loss

10. Hazardous noise affects the inner ear and may cause temporary hearing loss. After a period of time away from noise, hearing may be restored. With further exposure to hazardous noise, the ear will gradually lose its ability to recover and hearing loss can become permanent.

11. Permanent hearing loss can also occur suddenly if a person is exposed to very loud impact or explosive sounds.

12. The degree of hearing loss that occurs depends on how loud the noise is, how long someone is exposed to the noise and individual susceptibility. The frequency or pitch can also have some effect on hearing loss as high-pitched sounds are more damaging than low-pitched ones.

13. Workers exposed to hazardous noise may also experience tinnitus (ringing in the ears or head) which could become permanent.

Excessive noise exposure

14. Noise levels are measured in decibels (dB) and levels normally vary during the work day. Noise exposure is the average noise level to which a person is exposed over a period of time. The legislated exposure standard is 85 dB(A) averaged over eight hours. This standard can be exceeded if the noise level is too high and/or if workers are exposed to noise for too long. The exposure standard and the exposure units dB(A) and dB(C) are explained in the Work Health and Safety Regulations 2011, Regulation 56 – Meaning of exposure standard for noise (Annex A).

15. A worker who is exposed to 85 dB(A) for 8 hours receives the same noise energy as someone exposed to 88 dB(A) for 4 hours with the balance of the day in a very quiet environment. In both cases the exposure standard is not being exceeded. However, being exposed to 88 dB(A) for more than 4 hours would exceed the exposure standard. Similarly, for a worker using a machine that generates 121 dB(A) the exposure standard would be exceeded after only 7.2 seconds.

16. Impacts such as sledge-hammering or peak noises (gun shots) cause peak noise levels greater than 140 dB(C). Exposure above this peak can create almost instant damage to hearing.

Noise Management Policy and Guidance

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Date of release: July 2017 Current as at: July 2017 3

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References and related documents

17. Work Health and Safety Act 2011

18. Work Health and Safety Regulations 2011

19. Code of Practice - Managing Noise and Preventing Hearing Loss

20. SafetyMan - Defence Work Health and Safety Management and Consultative Arrangements Policy and Guidance

21. Australian Standards/New Zealand Standards

21.1. AS/NZS 1269.0:2005 - Occupational Noise Management, Overview and General Requirements

21.2. AS/NZS 1269.1:2005 - Occupational Noise Management - Measurement and Assessment of Noise Emission and Exposure

21.3. AS/NZS 1269.2:2005 - Occupational Noise Management - Noise Control Management

21.4. AS/NZS 1269.3:2005 - Occupational Noise Management - Hearing Protector Program

21.5. AS/NZS 1269.4:2014 - Occupational Noise Management - Auditory Assessment

22. Sentinel

23. STARS (Safety Trend Analysis and Reporting Solution)

24. Campus e-learning: ‘Hearing and Noise Awareness’

25. Defence Occupational Noise Officer course

Annex

A. Work Health and Safety Regulations 2011, Regulation 56 – Meaning of exposure standard for noise

Noise Management Policy and Guidance

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Date of release: July 2017 Current as at: July 2017 4

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Annex A

Work Health and Safety Regulations 2011

Part 4.1 – Noise

Regulation 56 - Meaning of exposure standard for noise

(1) In these Regulations, exposure standard for noise, in relation to a person, means:

(a) LAeq,8h of 85 dB(A); or

(b) LC,peak of 140 dB(C).

(2) In this regulation:

LAeq,8h means the eight-hour equivalent continuous A-weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).

LC,peak means the C-weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 1 UNCONTROLLED IF PRINTED

NOISE MANAGEMENT PROCEDURE 01 – NOISE AND HEARING MANAGEMENT REQUIREMENTS

1. This procedure relates to SafetyMan – Noise Management Policy and Guidance and provides an overview of the main requirements for managing noise and its impact on hearing in Defence. The detailed processes and tools for implementing the policy and meeting noise management requirements are provided in the suite of noise procedures.

Introduction

2. The Defence Noise Management Program and associated procedures were developed to meet regulatory requirements for noise management and are structured around the capability systems life cycle.

3. Noise, a prominent and widespread hazard in Defence workplaces, is generated by materiel including platforms (guns, aircraft and armoured vehicles), explosives, ordnance, vehicles, plant, equipment, and power tools. Without hearing protection, average noise exposure levels for workers over the working day could be well in excess of the noise exposure standard. Sudden loud noise can also exceed the noise exposure standard and can cause immediate damage to hearing. Noise-induced hearing loss can be irreversible and is a major health risk that must be managed.

4. Exposure to some chemicals can result in hearing loss and are known as ototoxic substances. Hearing loss can be exacerbated when noise is combined with some (ototoxic) substances and/or with vibration (particularly hand-arm vibration).

Noise management requirements process

5. The noise policy and associated procedures define the noise management process required to meet the requirements of the Work Health and Safety Regulations 2011.

6. The policy and procedures provide a risk management approach to eliminate or minimise noise hazards in all Defence workplaces so far as is reasonably practicable, and thereby minimise the risk of noise-induced hearing loss. Noise hazards must be identified, assessed, managed, reviewed and communicated. A key requirement is to limit noise exposure to less than the workplace exposure standard.

7. Further information about safety risk assessments is in the SafetyMan Work Health and Safety Risk Management Suite.

8. A summary of the main elements of the noise management process follows.

8.1. Where practicable, eliminate or minimise noise hazards prior to the point of entry into service. Noise hazards should be identified early and mitigated at the beginning of the capability life cycle.

8.2. Noise hazards that cannot be eliminated must be identified before or during the introduction into service and must have noise controls applied through the hierarchy of controls.

Procedure 01 - Noise and Hearing Management Requirements

Date of release: July 2017 Current as at: July 2017 2

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8.3. The noise emission and safety information must be communicated by the Defence purchaser to all operators, maintainers and other workers who may be exposed. Commanders/managers and any other stakeholders must also be informed.

8.4. Commanders/managers must periodically review their workers’ circumstances including their range of work tasks, new and changed noise hazards, noise measurements and safety information. Commanders and managers must use this information to review orders, instructions and publications, develop training and plan noise management and controls.

8.5. Monitoring, assurance and review reporting must be provided to relevant commanders/managers, committees and other stakeholders, with follow up action and traceability to close out residual risk issues and ensure continual improvement.

9. Existing assurance and management systems can be used to manage noise hazards including:

9.1. orders, instructions and publications;

9.2. the incident reporting system (via Sentinel or form AE527 Sentinel Event Report – Non DPR (DRN) Users);

9.3. defect reporting and work requests, eg reports on defective or unsatisfactory materiel, aviation safety occurrence reports, Defence Garrison and Estate Management System reports, and Corporate Services and Infrastructure Requirement requests;

9.4. health surveillance, eg audiometric testing;

9.5. workplace inspections/surveys, eg occupational hygiene surveys, noise surveys/assessments;

9.6. assurance audits and reviews; and

9.7. work health and safety committees and base management forums.

Introducing new noise sources to Defence

10. Defence must act to preempt to minimise noise hazards created by the introduction of the new capability. Defence applies the ‘upstream safety’ concept and ‘prevention principle’ to new capability development processes in order to minimise worker exposure to noise.

11. Worker/workplace health and safety must remain a key consideration throughout the capability systems life cycle. Hence, during all phases, as additional information about the new capability and options comes to light, hazard and risk assessments should be reviewed and updated. The following processes present opportunities to review and assess hazards and risks:

11.1. hazard identification and safety risk assessment for each capability/option when developing capability development proposals such as the first- and second-pass proposals for government consideration;

11.2. reviews/audits using the Work Health and Safety checklist;

11.3. review and compliance safety risk assessment; and

11.4. capability system safety assessment, including human systems integration.

12. In accordance with Work Health and Safety Regulations 2011, Defence must take all reasonable steps to obtain and provide information to any persons to whom the plant was supplied. In addition, designers and manufacturers must ensure that plant is designed and manufactured so noise emission is as low as is reasonably practicable.

Procedure 01 - Noise and Hearing Management Requirements

Date of release: July 2017 Current as at: July 2017 3

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13. The Group or Service responsible for operating/providing a new capability must ensure that the noise emission information is communicated to relevant commanders/managers, operators/users, maintainers and other workers, and is incorporated into orders, instructions and publications and training.

14. Noise safety information is generated during the acquisition and in-service phases of the capability systems life cycle, and more specifically during the technical design and noise risk assessment processes.

15. Noise information sources include:

15.1. noise-related safety system products (major designs only);

15.2. noise information or test reports;

15.3. noise source labelling;

15.4. noise safety data sheets;

15.5. noise hazard registers;

15.6. hearing protection areas;

15.7. noise risk assessment reports;

15.8. noise management plans;

15.9. logistical data;

15.10. orders, instructions and publications associated with the operation and support of materiel and systems of work;

15.11. health monitoring requirements (eg audiometric testing);

15.12. health monitoring registers and reports (as required);

15.13. base occupational hygiene monitoring plans;

15.14. hazard-specific education and training programs; and

15.15. other information sources used by Groups and Services.

16. Details of the requirements for introducing noise sources into Defence and other references are described in SafetyMan - Noise Management Procedure 02 – Introducing Noise Sources into Defence. Other applicable Defence materiel requirements are provided in relevant orders, instructions and publications and in technical regulatory framework documentation.

17. Where practicable, alternative materiel/infrastructure/processes that are relatively quiet should be introduced. Defence should aim to limit noise exposure from all sources by buying quiet, ie below exposure standard—75 dB(A)—whenever technologically and economically feasible and compatible with performance and environmental requirements. When this is not reasonably achievable then Defence should minimise noise so far as is reasonably practicable.

18. Storage and access to relevant safety information is through Objective or the Sentinel database system.

19. A noise management plan must be implemented at the early stage of introduction to service (e.g. during the procurement and technical regulatory framework phases), at the unit or fleet level for ongoing in-service activities and in response to noise surveys.

Procedure 01 - Noise and Hearing Management Requirements

Date of release: July 2017 Current as at: July 2017 4

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Noise risk assessment

20. Risk must be managed and mitigated using the hierarchy of controls in accordance with Work Health and Safety Regulations 2011 and Code of Practice - Managing Noise and Preventing Hearing Loss at Work.

21. Noise control measures are developed, implemented and maintained to manage and mitigate noise risks so the noise exposure standard is not exceeded. This should be done through the use of noise management plans or hazard or exposure reduction plans.

22. A noise management plan can be part of, or be generated in response to:

22.1. an ongoing noise management plan (as part of an overarching noise hazard plan or exposure reduction program or specific Group/Service program); and

22.2. in-service noise assessments, incident reports or workplace changes.

23. Noise survey and assessment reports and other relevant information should provide technical input to actions for the noise management plan process. A preliminary noise management plan with clear and concise control actions should form part of the noise assessment reports.

Noise control and review

24. The noise management plan process and actions should involve consultation and coordination with all stakeholders, including Capability Acquisition and Sustainment Group, Estate and Infrastructure Group, and applicable managers and commanders. Implementation of controls must be documented and signed off by the person (commander/manager) who approves the risk assessment or noise management plan or by other workers with applicable responsibility or authority.

25. At specified intervals, control measures and associated noise management plans must be reviewed by qualified personnel—eg a Defence Occupational Noise Officer. Reviews are also required in situations when:

25.1. existing control measures are no longer effective (eg due to degradation over time);

25.2. there are significant changes to noise sources and/or the workplace environment or conditions;

25.3. there are adverse health surveillance results or incidents; and

25.4. in response to noise surveys and assessments as new/different noise controls may need to be implemented as a result.

26. The procedure that governs implementation, maintenance and review of noise controls (and management programs) is SafetyMan Noise Management Policy - Procedure 06 –Noise Management Plans.

Sustainment of program and performance measurement

27. The cycle of processes that comprise the Defence noise management program are maintained and sustained through review and are updated when required by change in legislation.

28. Continual assessment of noise compliance and performance is required to ensure that known noise hazards remain effectively controlled, and that new or foreseeable hazards are identified, assessed and appropriately managed. Performance measurement must be undertaken through the application of a range of upstream and downstream key performance indicators.

Procedure 01 - Noise and Hearing Management Requirements

Date of release: July 2017 Current as at: July 2017 5

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29. Monitoring, evaluation, assurance audits and reviews are required with regular reporting to relevant commander/s, committees and stakeholders. Managers and commanders are required to act on reports, with accountability and traceability, to close out residual risk issues and ensure continual improvement.

References and related documents

30. Work Health and Safety Act 2011

31. Work Health and Safety Regulations 2011

32. Code of Practice - Managing Noise and Preventing Hearing Loss at Work

33. Work Health and Safety checklist

34. SafetyMan - Work Health and Safety Risk Management Policy

35. SafetyMan - Noise Management:

35.1. Procedure 02 – Introducing Noise Sources into Defence

35.2. Procedure 03 – Noise Information and Labelling

35.3. Procedure 04 – Noise Identification, Assessment and Monitoring

35.4. Procedure 05 – Audiometric Testing

35.5. Procedure 06 – Noise Management Plans

35.6. Procedure 07 – Education, Training and Instruction

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

NOISE MANAGEMENT PROCEDURE 02 – INTRODUCING NOISE SOURCES INTO DEFENCE

Introduction

1. This procedure provides general and specific information on the processes required duringthe acquisition of new Defence materiel so noise hazards can be managed and hearingloss minimised. The procedure relates to SafetyMan – Noise Management Policy andGuidance.

2. Noise is a significant hazard for workers. The Defence noise management program seeksto eliminate or reduce noise hazards that could be introduced to Defence in the form of newcapabilities and the associated materiel (including platforms, vehicles, equipment, plant,new processes/systems and ordnance). In addition, any residual risk from exposure tonoise must be controlled so far as reasonably practicable to protect worker health andsafety and minimise the impact on workers’ hearing.

3. The Work Health and Safety Act 2011 requires that plant, substances and structures (andtheir related systems of work) are designed and tested to protect workers and otherpersons against harm to their health, safety and welfare by eliminating or minimising risksarising from work. The Work Health and Safety Act 2011 also requires monitoring of thesehazards to ensure they remain effectively controlled.

4. The most effective way to protect personnel from noise hazards and potential harm such ashearing loss is to eliminate or minimise those hazards at the design or acquisition stage -before entry to service. For noise hazards that cannot be eliminated, management systemsare required throughout the capability system life cycle to control the hazards.

Scope

5. This procedure details the process for introducing new noise sources, in the form of newmateriel, into Defence. This applies to all managers and other personnel involved in theacquisition of new or modified materiel.

6. Although new materiel may be introduced through various processes, the objective of eachprocess is to ensure hazards are identified, managed and eliminated or minimised.

Processes for introducing new noise sources to service

7. The processes for introducing new noise sources to service apply when:

7.1. Defence acquires new noise sources; and

7.2. Defence workers use new noise sources.

8. Keeping noise hazards out of the workplace can be more effective than having to managetheir presence. Therefore, where practicable, Defence seeks to eliminate or minimise noisehazards at, or prior to, the entry of new materiel to service. Hazards that cannot beeliminated must be identified before or during introduction into service and must have noise

Procedure 02 - Introducing Noise Sources into Defence

Date of release: July 2017 Current as at: July 2017 2

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controls applied as part of the Defence Technical Regulatory Framework and associated auditing regimes.

9. New noise sources are introduced into Service by several pathways including: major, minor and rapid acquisition projects; plant modification, inspection and deviation; estate maintenance programs; and other acquisition processes (eg by base/unit commanders). The processes normally completed as part of each acquisition pathway are identified in the following table:

Introduction to service process

First pass process

Second pass

process

Technical integrity

processes

Logistics processes

Noise risk assessment

Major acquisition project Yes Yes Yes Yes Yes

Minor acquisition project Yes Yes Yes Yes Yes

Rapid acquisition project Yes Yes Yes Yes Yes

Estate maintenance program Yes Yes Yes

Plant modification, inspection and deviation

Yes Yes Yes

Other acquisition processes Yes Yes

10. Processes for introducing noise sources into service may also be described in Defence orders, instructions and publications and technical regulatory framework documentation.

11. Details of the process for noise information and labelling, noise hazard registers and hearing protection areas, are described in SafetyMan - Noise Management Procedure 03 – Noise Information and Labelling.

Minimum requirements to be considered for all acquisitions

12. Defence organisations regularly develop their own informal systems of work and/or purchase materiel to meet a local workplace need. The potential noise exposure of such systems of work and materiel must be considered.

13. New materiel being considered for purchase must have the lowest sound emission levels that are technologically and economically feasible and compatible with performance and environmental requirements. Defence must ‘buy quiet’ - ie identify alternative, quieter noise sources and processes, where available and practicable - to minimise worker exposure.

14. Defence should have a design aim of 75 dB(A) for all materiel (to be measured at 1 metre or nearest distance to worker/operator). If the design aim is not reasonably achievable, then Defence should design the noise emission to as low as is reasonably practicable. All possible and available noise control measures are to be considered and applied where practicable. Any residual risk needs to be addressed by applying the hierarchy of controls.

15. When developing new/modified systems, during the test and evaluation stage Defence needs to identify the prospective noise levels through reference to data from existing systems and from modelling of anticipated noise levels and measurement of noise levels. The military standard, MIL-STD-1474E Department of Defense Design Criteria Standard

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Noise Limits provides guidance on noise limits, testing requirements and measurement techniques for determining conformance to the noise limits.

16. The following factors should be considered and other pertinent aspects or data may also need to be taken into account:

16.1. noise emission levels (sound power levels, sound pressure levels, and/or LAeq.8h and Lc,peak levels at likely operator/worker distances) in accordance with Work Health and Safety Regulations 2011, Regulation 56 – Meaning of exposure standard for noise (Annex A);

16.2. noise source operation, maintenance and management;

16.3. installation and operational considerations that affect noise generation and personnel exposures;

16.4. mitigation technologies and their current status;

16.5. estimate of numbers of workers to be affected through the capability system life cycle; and

16.6. level of worker exposure and likely health impacts.

17. Irrespective of how a potential noise source is introduced to service, when specifying and/or procuring the new noise source the following minimum requirements must be met:

17.1. A noise risk assessment is to be conducted to identify hazards and develop controls.

17.2. A noise checklist and noise management plan is required.

Registration

18. Noise sources introduced to service must be correctly registered. The Defence Occupational Noise Officer is responsible for updating an introduced noise source on:

18.1. the noise hazard register;

18.2. the noise information report;

18.3. the noise label;

18.4. the noise management plan; and

18.5. orders, instructions and publications and standard operating procedures.

19. The procedure that governs noise source registration is SafetyMan - Noise Management Procedure 03 – Noise Information and Labelling. This procedure also applies to units using (or acquiring internally/locally) excessive noise sources.

20. Prior to supply or acquisition, purchasers must ensure that the designers, manufacturers, importers or suppliers of noise sources comply with their duties under the Work Health and Safety Act 2011 and Work Health and Safety Regulations 2011.

Information from introduction to service processes

21. For all noise sources introduced into service, the sponsor is responsible for compiling the noise safety information which is used to manage and control noise. Further information is in SafetyMan - Noise Management Procedure 03 – Noise Information and Labelling.

22. Noise safety information is generated throughout the introduction to service processes, and particularly through the technical design and noise risk assessment. Noise information includes:

22.1. noise-related safety system products (for major designs only);

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Date of release: July 2017 Current as at: July 2017 4

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22.2. noise information or test reports;

22.3. noise source labelling;

22.4. noise hazard registers;

22.5. hearing protection areas;

22.6. noise risk assessment reports;

22.7. noise management plans;

22.8. logistics data;

22.9. orders, instructions and publications associated with the operation and support of plant and systems of work;

22.10. health monitoring requirements (eg audiometric testing);

22.11. health monitoring registers and reports (as required);

22.12. base occupational hygiene monitoring plans from Estate and Infrastructure Group;

22.13. hazard-specific education and training programs; and

22.14. other information sources used by Groups and Services.

23. Storage and access to safety information is through Objective or the Sentinel database system.

24. For materiel supplied or imported by Defence, the organisational element that is responsible for the acquisition and supply must take all reasonable steps to obtain and provide information to all stakeholders about the noise emission values of the materiel for the applicable operating conditions. Estate and Infrastructure Group must also be informed if there are specific accommodation requirements for the item.

25. Procurement stakeholders would include Capability Acquisition and Sustainment Group, Estate and Infrastructure Group and Vice Chief of Defence Force Group, with Capability Acquisition and Sustainment Group informing the acquisition process and other Defence acquisition agencies. The users requiring noise emission information include commanders, platform/machinery operators, maintainers and workers, and personnel who train workers to use the new materiel.

26. Importantly, noise controls should be implemented during the acquisition phase and may include redesign or engineering noise controls implemented by the original equipment manufacturer for new materiel. A redesign or retrofit of noise control treatments may be required in cases such as:

26.1. when second hand materiel (eg from other countries or agencies) has been acquired; or

26.2. any in-service/local purchase of materiel as described in paragraph 13.

27. In both cases (26.1 and 26.2), any infrastructure modifications are the responsibility of Estate and Infrastructure Group.

System safety program products

28. For major design changes, the system safety program will produce a series of safety products including a noise management plan. System safety products are developed in accordance with Navy, Army and Air Force technical regulatory requirements and Capability Acquisition and Sustainment Group processes.

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Noise information reports

29. Noise information reports or noise test reports are to be obtained or developed for every major noise source used by Defence. The procedure that governs the generation/delivery of noise information reports is SafetyMan - Noise Management Procedure 03 – Noise Information and Labelling.

Noise source labelling

30. Labels that provide a clear and concise summary of noise safety information are to be generated for every major noise source used by Defence.

31. Each noise source producing noise levels greater than 85 dB(A) (measured at 1 metre or nearest distance to worker/operator) must be marked to alert personnel of the potential noise hazard. The exception will be when an entire space is designated as a hazardous noise area (and when the equipment is stationary) and hearing protection area signage is required and applied.

32. Further guidance about noise source labelling is in SafetyMan - Noise Management Procedure 03 – Noise Information and Labelling.

Noise hazard register

33. For all major noise sources introduced into service, the Defence sponsor of the capability requirement is responsible for placing the noise source (and noise safety information) on noise hazard registers. Alternatively, noise hazards could be placed on other general hazard registers. Further guidance about noise hazard registers is in SafetyMan - Noise Management Procedure 03 – Noise Information and Labelling.

Hearing protection areas

34. The procedures that govern the generation and application of hearing protection areas are:

34.1. SafetyMan - Noise Management Procedure 03 – Noise Information and Labelling; and

34.2. SafetyMan - Noise Management Procedure 06 – Noise Management Plans.

Risk assessments

35. Noise risk information is obtained from the noise hazard identification and noise risk assessments which are conducted as part of the introduction to service processes.

36. Noise safety data and other noise information are required to inform the risk assessment process. Commanders and managers must use this information for introduced noise hazards and must undertake additional exposure and risk assessments for specific tasks/activities for which the noise source is used. This information then must be used to inform orders, instructions and publications, standing operating procedures, training design and noise management planning (including the implementation of noise control measures).

Noise control and noise management plans

37. Noise control measures are developed and implemented to mitigate noise-related risks identified during the acquisition process. The noise risks are to be identified for all personnel who will interact with the materiel—including operators, maintainers and handlers. Safety considerations must be applied and integrated into the capability system life cycle of the item.

38. Noise emissions/hazards must be managed using the hierarchy of controls and documented through the use of noise management plans and associated documentation (such as noise control specification and design documents). The general noise

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management plan requirements are described in SafetyMan - Noise Management Procedure 06 – Noise Management Plans.

39. The noise hazard identification and noise risk assessment provide technical input to the noise control methods that may be required before the materiel is introduced into service.

40. The identified engineering noise controls must be appropriately specified and designed to achieve the noise reduction levels required (ideally with a conservative safety margin applied). Design advice should be obtained from suitably qualified acoustics subject matter experts and integrated into the design.

41. The approved engineering noise controls must be installed/affixed to the materiel before it is introduced into service and accepted by the service release authority. The process must be conducted in accordance with technical regulatory systems and logistics processes defined by the relevant Groups/Services.

Orders, instructions and publications

42. The sponsor of the noise information for new noise sources must ensure all relevant noise hazards, safety and control information is communicated to the relevant stakeholders so that it can be integrated into the orders, instructions and publications used by those workers who maintain/operate or otherwise work with the noise source.

Education and training programs

43. Education and training programs ensure the workforce has the necessary knowledge and skills to manage noise hazards and implement controls. The sponsor of the noise source and noise information is to ensure appropriate training is designed, developed and implemented. New or revised orders, instructions and publications must be communicated to workers and training provided where required.

44. The procedure governing noise training, information and instruction is SafetyMan - Noise Management Procedure 07 – Education, Training and Instruction.

Record keeping

45. Records are to be kept to document the decisions made during the introduction to service processes, and the noise hazard and risk assessment information.

Consultation, cooperation and coordination

46. Formal and informal consultation, cooperation and coordination with all relevant stakeholders is fundamental for effective noise management and should include all Defence workers, including contractors. Formal mechanisms and sources of information include:

46.1. the Work Health and Safety website;

46.2. the Defence work health and safety committee;

46.3. base and unit work health and safety committees; and

46.4. Group/Service, and Capability Acquisition and Sustainment Group work health and safety reporting.

47. Informal mechanisms include:

47.1. workplace visits from noise specialist personnel,

47.2. workplace visits from occupation health professionals,

47.3. unit safety personnel walk-around consultations; and

47.4. informal workplace continuation training.

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Contractors

48. In accordance with the Work Health and Safety Act 2011, Persons Conducting a Business or Undertaking have a duty of care to protect the health and safety of workers under their control. In work environments where there are both Defence and contracted workers, there is a shared duty of care. DPPI 4/2012 - Engagement of Principal Contractors under the Work Health and Safety Legislation details the general responsibilities and interaction between Defence and contractors.

Continual review of noise management, materiel and processes

49. Noise management should continually evolve with the release of new standards and the integration of updated equipment and tools into the system. Sponsors of noise information are to continually monitor new materiel developments and new processes to identify alternative noise sources and processes that could be adopted to reduce worker exposure.

References and related documents

50. Work Health and Safety Act 2011

51. Work Health and Safety Regulations 2011

52. MIL-STD-1474E Department of Defense Design Criteria Standard Noise Limits

53. DPPI 4/2012 - Engagement of Principal Contractors under the Work Health and Safety Legislation

Annex

A. Work Health and Safety Regulations 2011, Part 4.1, Regulation 56 – Meaning of exposure standard for noise

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Annex A

Work Health and Safety Regulations 2011

Part 4.1—Noise

Regulation 56 - Meaning of exposure standard for noise

(1) In these Regulations, exposure standard for noise, in relation to a person, means:

(a) LAeq,8h of 85 dB(A); or

(b) LC,peak of 140 dB(C).

(2) In this regulation:

LAeq,8h means the eight-hour equivalent continuous A-weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).

LC,peak means the C-weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

NOISE MANAGEMENT PROCEDURE 03 – NOISE INFORMATION AND LABELLING

1. This procedure relates to the SafetyMan – Noise Management Policy and Guidance anddetails the processes for compiling and providing noise safety information to workers.

2. Where feasible, noise hazards should be eliminated or minimised during the design oracquisition of new materiel (eg platforms, ordnance, vehicles, plant, equipment and tools).For noise hazards that cannot be eliminated, noise safety information must be compiledand used to develop systems to manage noise hazards throughout the capability systemslife cycle, including the acquisition, introduction to service, in-service and disposal phases.

3. This procedure applies to all Defence workers involved in compiling and using noise safetyinformation, and describes:

3.1. noise safety information and labelling for the acquisition, in-service and disposalphases of the capability systems life cycle; and

3.2. record keeping requirements.

4. Noise hazard registers and noise management plans are also covered by this procedure.

Noise safety information and labelling

5. The Defence sponsor of new equipment is responsible for compiling the noise safetyinformation. Further information is in SafetyMan - Noise Management Procedure 02 –Introducing Noise Sources into Defence.

6. Commonly, noise safety information is contained in:

6.1. requirements and acquisition phase documents;

6.2. first and second pass safety assessment process documents;

6.3. work health and safety checklists, project risk and issues registers;

6.4. review and compliance safety risk assessment documents;

6.5. health hazard assessments;

6.6. capability system safety assessments, including human systems integration; and

6.7. systems safety program.

7. Storage and access to relevant safety information is through Objective or Sentinel.

8. Noise emission information must be communicated to all relevant users includingcommanders, materiel operators, maintainers and workers, and personnel who trainworkers to use new materiel.

9. For new or upgraded facilities installed by Defence Estate and Infrastructure Group musttake all reasonable steps to obtain and provide information about the noise emission valuesfor the applicable operating conditions of facilities, infrastructure, equipment and plant.

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10. New noise sources being introduced to service must be registered into documents including the noise hazard register, the noise information report, the noise management plan and orders, instructions and publications.

Noise information reports

11. Noise information or noise test reports must be obtained for every major (ie: >85 dB(A)) noise source introduced into Defence. Designers, manufacturers, suppliers and importers must give purchasers and other potential users the information they need to safely use the plant, including the results of any calculations, analysis or testing carried out.

Noise source labelling

12. Labels that provide a clear and concise summary of noise safety information are required for every major noise source used by Defence workers. Materiel (platforms, vehicles, ordnance, plant, etc) producing noise levels greater than 85 dB(A) (measured at 1 metre or at the operator’s ear) must be clearly marked to alert personnel of the potential noise hazard. The exception will be when an entire space or area is designated as a hazardous noise area, the equipment is fixed and hearing protection area signage is used.

13. Noise labels are to be affixed or close to - the noise source in a way that ensures easy visibility to workers. Exteriors, but not interiors, of military combatant equipment are excluded from this requirement. A Defence Occupational Noise Officer should be consulted when labelling tools and equipment.

14. The labels or signs describing (with words or other visual symbols) the potential hazard and the protective measures to be taken must be used to designate hazardous noise areas and equipment (eg ‘Warning - hazardous noise’, ‘hearing protection required when in operation’).

Noise hazard register

15. Where a major noise source is introduced to service, the Defence sponsor of the requirement is responsible for registering the noise source and relevant noise safety information on a noise hazard or general hazard register.

16. The noise hazard register or general hazard register should provide a list of all of the major noise hazards (sources, activities and areas) and associated materiel in the unit that exceed the noise exposure standard. The hazards should be assigned a risk level based on a risk assessment, having considered the level of exposure, the likelihood and frequency of exposure/injury, the likely consequences and the number of workers affected.

17. The hazard register should also include a description of the safety requirements for each hazard and hearing protection area zone, and the minimum personal hearing protection requirement. The maximum exposure time without personal hearing protection and the minimum safe distance without personal hearing protection can also be included, along with the trades or other groups of employees who might experience similar levels of exposure.

18. Registers must be maintained, kept up-to-date and be easily accessible at the Group and Service level and at the base/platform and unit level. The registers and related safety information must be used by managers, commanders and safety representatives to assist in managing and controlling noise. They must be understood by Defence workers; hence, sufficient supporting awareness, instruction and training is to be provided.

19. There should be clear links between the noise hazards register and noise safety information for each hazard - such as survey reports. In addition, the noise hazard register could be linked to the base occupational hygiene monitoring plan.

Procedure 03 - Noise Information and Labelling

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Hearing protection areas

20. Hearing protection area zones are established according to the colour codes and classification criteria described in the table in paragraph 42. The hearing protection requirements for the zones are also listed in the table. The hearing protection area zones and protection requirements are illustrated in paragraph 43.

21. Hearing protection area zones in workplaces should be reviewed and revised whenever there is any significant change in noise sources, work tasks/activities, equipment, workload/shifts or the workplace/building environment. Any new hearing protection areas or revised hearing protection areas must be clearly delineated and sign-posted. The sponsor/owner of the noise source must ensure hearing protection area signs are posted. In addition, warning notices or hearing protection area signs should be positioned prominently on noisy materiel that exceeds hearing protection area noise criteria, as described in paragraph 43.

22. Hearing protection area signs must be posted and maintained at the entrance/s to the hearing protection area/s (and on prominent walls inside hearing protection areas) informing personnel who enter these areas that hearing protection is required. Portable hearing protection areas signs should also be placed temporarily in areas (on walls or on stands on the ground) during particularly noisy activities that are not frequently conducted in the area.

23. Further guidance and information is in: SafetyMan – Noise Management Procedure 06 – Noise Management Plans; Code of Practice: Managing Noise and Preventing Hearing Loss at Work and AS/NZS 1269.1:2005: Occupational Noise Management – Measurement and Assessment of Noise Immission and Exposure.

Risk assessments

24. Noise safety information and data are used to inform the risk assessment process. Noise hazard and risk assessment information is obtained from noise hazard identification work groups, workplace monitoring, noise identification checklists and noise surveys, and assessment reports.

25. Commanders and managers must use this information to implement risk management systems and controls for introduced noise hazards. They must also undertake additional risk assessments for specific tasks/activities conducted by their unit/workplace, for the conditions applicable to their unit/workplace, and for all noise hazards introduced by their unit/workplace. The information and the resultant management systems and controls then must be incorporated into orders, instructions and publications, training and noise management planning.

26. Noise hazard and risk assessment information is obtained from noise hazard identification work groups, workplace monitoring, noise identification checklists and noise surveys, and assessment reports.

27. The procedures governing noise identification and risk assessments are SafetyMan – Noise Management Procedure 04 – Noise Identification, Assessment and Monitoring. Further information is in the Code of Practice: Managing Noise and Preventing Hearing Loss at Work and AS/NZS 1269.3:2005 Occupational Noise Management – Hearing Protector Program.

28. Noise risk assessments are to be retained in noise hazard registers and in the Sentinel library.

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Noise management plans

29. Noise exposure is managed using the ‘hierarchy of controls’ and risk management decisions are documented in noise management plans. Noise surveys, risk assessments and other relevant information (eg noise control specification and design documents) provide technical input to actions for the noise management plan process.

30. A noise management plan is required at the early stage of introduction to service and at the unit level for ongoing in-service activities. The implementation of controls must be documented and signed off by the person who approves the risk assessment (eg acquisition agency or commander/manager).

31. For information on noise management plans see SafetyMan - Noise Management Procedure 06 – Noise Management Plans.

Orders, instructions and publications

32. Noise information should be included in relevant orders, instructions and publications for the equipment.

33. Changes to a procedure or noise hazard require the Defence Occupational Noise Officer to conduct a review of the noise risk assessment -or a new risk assessment - and revision of the orders, instructions and publications. Any new or revised orders, instructions and publications must be communicated to workers and may also require revised instruction and training.

Health monitoring

34. Health monitoring is used to identify changes in worker health due to exposure to hazards such as noise. Defence provides audiometric testing to ADF members in accordance with Defence Health Manual, Volume 2, Part 6, Chapter 3: Frequency of Audiometric Examinations. The procedures for health monitoring are in SafetyMan - Noise Management Procedure 05 – Audiometric Testing.

35. A register of workplaces that require health monitoring should be kept to ensure that the monitoring is undertaken and reported in accordance with the legislation. This register is to be cross-referenced with unit noise registers, and hazard risk and issues registers.

Education and training programs

36. Education and training programs are required to provide the workforce with the appropriate knowledge and skills to manage noise hazards and implement controls. All persons required to work in areas where hearing protection is worn must complete the Campus Hearing and Noise Awareness course (course ID 00009711).

37. When new noise hazards are introduced, the sponsor of the noise information is to ensure appropriate training is designed and implemented. New or revised orders, instructions and publications must be communicated to workers with revised instruction and any necessary training.

Disposal and handover information

38. During handover of materiel to a Defence person/element or to an external (non-Defence) entity, noise information must be compiled and passed on with the materiel. This information must be accurate and complete.

39. Noise data, reports and noise management information must be passed on to newly-arrived personnel during the handover/takeover process.

40. Before disposal of materiel, the noise information must be communicated to relevant personnel and archived in an appropriate manner.

Procedure 03 - Noise Information and Labelling

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Record keeping

41. Records must be readily accessible to Defence workers and all workers must be made aware of the record keeping requirements.

Hearing protection areas in Defence

42. The criteria for hearing protection areas are defined in the following table, along with the required hearing protection measures.

Hearing protection

area

Criteria Control

Amber Continuous noise at or above 85 dB(A) but below 100 dB(A) for a total of 15 minutes or more in a normal working day; or

Impulse noise is at or above 140 dB(C) but below 150 dB(C) at any time.

Suitably rated earplugs or earmuffs.

Red Continuous noise at or above 100 dB(A) but below 115 dB(A) for a total of 30 seconds or more in a normal working day; or

Impulse noise is at or above 150 dB(C) but below 160 dB(C) at any time.

Suitably rated earmuffs.

Black Continuous noise at or above either 115 dB(A) or 115 dB(C) but below both 120 dB(A) and 120 dB(C); or

Impulse noise is at or above 160 dB(C) but below 166 dB(C).

A combination of suitably rated earmuffs and earplugs.

Extreme Continuous noise at or above either 120 dB(A) or 120 dB(C); or

Impulse noise at or above 166 dB(C).

A combination of suitably rated earmuffs and earplugs, and limitations on exposure time as determined by specialists such as preventive medicine and environmental health personnel.

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43. Hearing protection area signs must denote the colour code of the area and the type of personal hearing protection device(s) required, as shown in the following diagrams.

References and related documents

44. Work Health and Safety Act 2011

45. Work Health and Safety Regulations 2011

46. Code of Practice: Managing Noise and Preventing Hearing Loss at Work

47. Australian Standard/New Zealand Standard

47.1. AS/NZS 1269.3:2005 Occupational Noise Management – Hearing Protector Program.

47.2. AS/NZS 1269.1:2005 Occupational Noise Management – Measurement and Assessment of Noise Immission and Exposure.

48. Defence Health Manual, Volume 2, Part 6, Chapter 3: Frequency of Audiometric Examinations.

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Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

NOISE MANAGEMENT PROCEDURE 04 – NOISE IDENTIFICATION, ASSESSMENT AND MONITORING

1. This procedure relates to SafetyMan – Noise Management Policy and Guidance and details the process for noise identification, assessment and monitoring. This procedure applies to all Defence workers involved in the management and use of noise sources.

2. This procedure provides an overview of:

2.1. noise hazard identification;

2.2. routine and detailed noise surveys;

2.3. noise risk assessment;

2.4. health monitoring and audiometric testing; and

2.5. monitoring equipment.

End state

3. The desired end state is that Defence executes a consistent and comprehensive noise hazard identification and assessment system for input to effective noise management compliant with the Work Health and Safety Act 2011 and Work Health and Safety Regulations 2011.

Hazard identification and risk assessment process

4. Before risks can be assessed and controlled, the noise hazards that give rise to them must be identified. Apart from noise hazards that we are advised of by manufacturers and suppliers, it is necessary to survey and monitor the workplace, including the physical work environment; equipment, tools, plant, materiel and platforms; work tasks/processes and how and when they are performed. Workers should be consulted and all available information from manufacturers, suppliers, regulators, industry associations, technical specialists and any workplace incident records and data that exist should be reviewed.

5. The noise hazard identification, risk assessment and subsequent management process require the following:

5.1. when reasonably practicable, prevent the introduction of noise hazards into the workplace;

5.2. prevent, eliminate or minimise the risk of hearing loss due to noise hazards in the workplace;

5.3. focus on reducing the extent and impact of the major noise hazards, particularly at, or prior to, the point of entry;

5.4. undertake the identification and risk assessment of noise hazards and exposure. This must be documented in noise survey/assessment reports, noise hazard registers, incident reports, audiometric test data, audit reports, etc;

Procedure 04 - Noise Identification, Assessment and Monitoring

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5.5. manage risks emanating from noise hazards identified in workplaces;

5.6. develop, implement and maintain the control measures to manage noise risks. This must be done using the hierarchy of controls and noise management plans at the early stage of introduction to service or at the base/unit level for ongoing in-service activities;

5.7. controls to eliminate or minimise the risk/s must be documented and authorised by the person (eg commander/manager, technical engineer) who approves the risk assessment;

5.8. review and revise the risk assessment and control measures:

5.8.1. at periods recommended in the noise survey report, as specified in noise management plan documentation or as otherwise required by the Work Health and Safety Regulations 2011;

5.8.2. in response to consultation with workers; and

5.8.3. when requested by the work group health and safety representative or Defence work health and safety committee.

5.9. feed information back to relevant committees, managers and workers;

5.10. use feedback to inform and continually improve orders, instructions and publications, training, planning and controls; and

5.11. monitor, audit, review and report to relevant command and committees with follow up action to verify management controls have been implemented, are effective, and ensure continual improvement.

6. Continual assessment of noise compliance and performance is required at all levels within Defence to ensure that known hazards remain effectively controlled, and that new hazards are identified, assessed and appropriately managed. Commitment must extend beyond satisfying legislative and regulatory requirements to a culture where continual improvement is normal business.

Noise hazard identification and noise surveys

7. The following definitions apply in relation to noise monitoring and assessment in accordance with Australian/New Zealand Standard 1269.1:2005 - Occupational Noise Management - Measurement and Assessment of Noise Immission and Exposure.

7.1. Exposure standard for noise - defined in the Work Health and Safety Regulations 2011 as an LAeq,8h of 85 dB(A) or an Lc,peak of 140 dB(C). There are two parts to the exposure standard for noise because noise can either cause gradual hearing loss over a period of time or be so loud that it causes immediate hearing loss.

7.2. LAeq,8h - means the eight-hour equivalent continuous A-weighted sound pressure level in decibels, referenced to 20 micropascals. This is related to the total amount of noise energy a person is exposed to in the course of their working day (taking into account both the noise level and the length of exposure time). An unacceptable risk of hearing loss occurs at LAeq,8h values above 85 dB(A).

7.3. Lc,peak - means the C-weighted peak sound pressure level in decibels, referenced to 20 micropascals. It usually relates to loud, sudden noises such as a gunshot or hammering. Lc,peak values above 140 dB(C) can cause immediate damage to hearing.

8. The key features of the noise identification and evaluation process are summarised in the following table:

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Step Action

1 Review available information

Collate and review relevant workplace data, previous reports etc.

2 Routine or baseline survey

Basic or preliminary assessment, eg walk-through inspection.

3 -1 Detailed or targeted survey

Noise measurement survey, analysis and risk assessment.

3 -2 Outputs from survey

Noise survey report and noise controls.

4 Stakeholder involvement and action

Coordination, review, signoff and implement control action plan.

5 Ongoing review

Regular follow-up, checks, review and improvement.

9. The identification of noise hazards must be performed:

9.1. at the design or procurement stage of materiel prior to the point of entry or during the introduction to service;

9.2. during the normal course of work activities;

9.3. focusing on reducing the extent and impact of the major noise sources/hazards on high noise exposure groups;

9.4. whenever there is a significant change in the noise sources or work activities or operations/equipment or workload/shifts or workplace/building environment;

9.5. in response to a noise incident investigation, a noise management issue or a request from a unit safety adviser or health and safety representative;

9.6. when noise control measures are no longer effective (eg due to degradation of a control measure or noise source over time);

9.7. at time intervals agreed through consultation with health and safety representatives and workers; and

9.8. at least every five years for large workplaces such as major platforms and bases.

10. The five-yearly surveys do not always require a detailed noise measurement survey of the whole of base or platform. As a minimum, these surveys require a focused check of all major noise sources, complex situations, trades/groups that could experience similar exposure and changed situations.

11. Before noise surveys are conducted, clear direction and resources are required (including personnel, equipment, and funding and workplace access) and assignment of responsibilities of personnel including stakeholders. The process must involve consultation,

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cooperation/collaboration and coordination of all stakeholders and workers, and may include sharing of resources and funding.

12. Noise hazard and exposure identification (for in-service hazards) is conducted involving the following processes/tools:

12.1. workplace inspection checklists;

12.2. base occupational health surveys (occupational hygiene monitoring);

12.3. noise surveys and assessments (base/platform/unit);

12.4. Sentinel event reports and investigations;

12.5. health monitoring, such as audiometric testing results (to protect the privacy of employees, these results must be anonymous and all personal identification data must be deleted);

12.6. noise management plan development and investigations;

12.7. noise compliance audits and reviews; and

12.8. additional processes such as management reviews.

Information review

13. The first step, before a noise survey is undertaken, is to review all available pertinent information such as:

13.1. base or workplace description (eg units, platforms, activities);

13.2. the relevant Group or Service work health and safety and noise management system;

13.3. the hazard/risk register and current/previous noise management plans;

13.4. incidents/work requests, such as Sentinel work health and safety event reports;

13.5. trades, tasks, similar exposure groups and personnel numbers;

13.6. manufacturer’s data including noise levels for materiel; and

13.7. previous noise surveys (and results/control actions required).

14. Further guidance about conducting noise surveys is in the Code of Practice: Managing Noise and Preventing Hearing Loss at Work and Australian/New Zealand Standard 1269.1:2005 - Occupational Noise Management - Measurement and Assessment of Noise Immission and Exposure.

15. An injury or exposure incident could indicate that a noise hazard has not been adequately controlled. Units are to investigate and report work health and safety events on Sentinel and implement controls to prevent recurrence.

16. A summary of the report should be kept with local records; the summaries must be anonymous and all personal identification data must be deleted. The summary may be analysed to determine suitable risk control measures.

Routine or baseline noise survey

17. The second step before a noise survey is undertaken is to perform a routine walk-through inspection (or baseline or preliminary survey) of the workplace to:

17.1. inspect all work areas for all units and sections;

17.2. note types of plant or materiel;

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17.3. identify the trades/similar exposure groups and activities/tasks/processes (eg time spent per task, number/type of tasks per shift, length of shift, etc);

17.4. count the personnel in each trade or similar exposure groups in each work area;

17.5. talk to workers and supervisors including unit safety advisers and coordinators, environmental health officers and Defence occupational noise officers;

17.6. identify the main noise sources and noisy tasks/activities;

17.7. identify hearing protection areas and the type/class, extent and signage;

17.8. note personal protective equipment/personal hearing protectors (type (ear plugs, ear muffs), condition, use in accordance with instructions, application/fitting and signage); and

17.9. review previous control measures.

18. Guidance and detail as to the survey methodology are contained in the Code of Practice: Managing Noise and Preventing Hearing Loss at Work (and Appendix B is an example of a noise hazard identification checklist) and Statement of Work Requirements: Occupational/Workplace Noise Surveys and Assessments.

Detailed or targeted noise survey

19. The need for a new or detailed noise survey and assessment is determined based on the walk-through inspection findings or considerations such as:

19.1. introduction of new or modified noise sources;

19.2. changes to work tasks/processes (or workload/shifts or workplace environment);

19.3. response to a noise incident investigation or health surveillance issue or noise management issue;

19.4. ineffective previous control measures; and

19.5. major/high noise hazard areas are not properly controlled, and ineffective hearing protection areas/personal hearing protectors.

20. Noise surveys and assessments are to be conducted by qualified Defence personnel such as Defence Occupational Noise officers, environmental health officers or qualified civilian consultants who meet the competency requirements in Australian/New Zealand Standard 1269.1:2005 - Occupational Noise Management - Measurement and Assessment of Noise Immission and Exposure. The recommended process for undertaking a noise survey and assessment is provided in Statement of Work Requirements: Occupational/Workplace Noise Surveys and Assessments.

21. Noise surveys and assessments must be performed in accordance with the methodology in Statement of Work Requirements: Occupational/Workplace Noise Surveys and Assessments. This will ensure compliance with the Code of Practice: Managing Noise and Preventing Hearing Loss at Work (and Appendix C provides an example method for determining exposure) and Australian/New Zealand Standard 1269.1:2005 - Occupational Noise Management - Measurement and Assessment of Noise Immission and Exposure. Further details and guidance on personal exposure monitoring can also be found in these documents.

22. A noise survey will normally entail the measurement of noise levels at worker ear positions, workstations and workplace areas using a sound level meter. Sound level meters should meet the requirements of Class 1 meters, as per Australian/New Zealand Standard 1269.1:2005 - Occupational Noise Management - Measurement and Assessment of Noise Immission and Exposure. Special high-pressure microphones (capable of measuring sharp

Procedure 04 - Noise Identification, Assessment and Monitoring

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impulses up to 170-180 dB, instead of the typical range up to 140 dB) may be required for high intensity impulse noise such as that associated with the operation of weapons and aircraft engines.

23. A noise survey will also entail recording automated dosimetry data for a relevant sample of personnel using a noise dosimeter (or dose meter or personal sound exposure meter).

24. Dosimetry sample size should be determined based on previous available data and gaps, types of jobs/tasks and from observation during the survey, and should be performed over representative time periods (eg over eight-hour or 12-hour shift, as applicable). Statistically significant data can be representative of a similar exposure group.

25. Noise data collected should include at least LAeq,8h, LCeq and Lc,peak noise levels over representative time periods. Spectral data (eg octave or third octave frequency bands) should be collected for frequency analysis where applicable (eg for major noise sources, sources with tones or isolating contributing noise sources).

26. Specialist advice from an acoustic engineer may be required in complex situations, to conduct assessments and/or to advise on controls.

27. LAeq and Lc,peak levels must be for use in hearing protection evaluations. Narrow band spectra may assist in identifying significant tonal components. Vibration measurements may need to be performed in conjunction with noise measurements for more complex situations. The combination of noise spectra and vibration data can assist in defining noise/vibration transmission paths and noise source contributions.

28. Using the measured noise data, the relevant time-averaged and peak noise levels (including noise exposure levels and time or distance limits, where applicable) should be determined for relevant shift periods and site areas, and for each main trade/task type or similar exposure groups.

Noise risk assessment

29. Noise risk assessments must be done in accordance with the methodology in Statement of Work Requirements: Occupational/Workplace Noise Surveys and Assessments. This ensures compliance with Work Health and Safety Regulations 2011, 56 – Meaning of exposure standard for noise and 57 – Managing risk of hearing loss from noise (Annex A) and Australian/New Zealand Standard 1269.1:2005 - Occupational Noise Management - Measurement and Assessment of Noise Immission and Exposure.

30. Noise risk assessments should be done by a competent and experienced person in accordance with Australian/New Zealand Standard 1269.1:2005 - Occupational Noise Management - Measurement and Assessment of Noise Immission and Exposure. Such persons could include appropriately trained and qualified Defence personnel such as Defence occupational noise officers course graduates, environmental health officers, or appropriately qualified external consultants.

31. The noise risk assessment process integrates, and is informed by, available information including occupational hygiene monitoring data, health monitoring data, health effects (injury data) and workplace exposure (including noise survey) data. Audiometric testing data or statistics must be evaluated to determine the actual occurrence and severity of any noise induced hearing loss or tinnitus.

32. Commanders and managers must use this information for introduced noise hazards and undertake additional noise risk assessment of specific tasks/activities where required (and for any noise hazards introduced by the unit). This information must then be used to inform noise management planning (including the definition and implementation of noise control measures).

Procedure 04 - Noise Identification, Assessment and Monitoring

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33. Noise sources should be ranked and prioritised for treatment based on a risk assessment, such as assigning a risk level or index (from a matrix of likelihood and consequence/severity). Alternatively, similar exposure groups can be ranked and prioritised. The risk level associated with a noise source or similar exposure group would be based on information including the magnitude of the noise exposure levels, the frequency of exposure (during a shift or longer periods), the applicable hearing protection area zone/s and observations of personal hearing protection use.

34. The standard Statement of Work Requirements: Occupational/Workplace Noise Surveys and Assessments should be followed and provides informative guidance and detail.

Adjusted exposure standards

35. Noise assessments must take account of any ototoxic (as defined in SafetyMan - Noise Management Procedure 01 – Noise and Hearing Management Requirements) substances and/or vibrations that are present in combination with any noise. Further information about these interactions is detailed in Appendix A of the Code of Practice: Managing Noise and Preventing Hearing Loss at Work.

36. In the presence of ototoxic substances and/or hand-arm vibration, lower noise exposure standards apply - LAeq,8h must not exceed 80 dB(A) and Lc,peak must not exceed 135 dB(C).

37. In addition to a lower exposure standard, workers exposed to ototoxic substances must be given regular audiometric testing. For workers regularly exposed to the combination of high levels of noise (greater than 100 dB(A) and ototoxic substances (eg aircraft re-fullers), further limits on noise exposure should be applied.

38. A lower exposure standard should be considered and applied for workers who work shifts greater than eight hours per day. For example, the equivalent noise level over a 12-hour shift (ie LAeq,12h) should be converted and normalised to an eight-hour equivalent LAeq,8h. Then an adjustment (from +1 to +3 dB) is added to the normalised LAeq,8h (in accordance with the Code of Practice: Managing Noise and Preventing Hearing Loss at Work and Australian/New Zealand Standard 1269.1:2005 - Occupational Noise Management - Measurement and Assessment of Noise Immission and Exposure).

39. Alternatively, instead of converting to a normalised eight-hour equivalent LAeq,8h, a lower exposure standard could be used over a shift for application to regular extended work shifts. For example, a lower exposure standard of 82 dB(A) LAeq,12h may be applicable for 12-hour shifts, and 80 dB(A) LAeq,16h may be applicable for 16-hour shifts.

40. A lower exposure standard should be considered and applied for workers whose working week is more than five days. For example, the equivalent noise level over a six-day week (ie LAeq,6day) should be converted and normalised to a five-day week, LAeq,5day (in accordance with the Code of Practice: Managing Noise and Preventing Hearing Loss at Work and Australian/New Zealand Standard 1269.1:2005 - Occupational Noise Management - Measurement and Assessment of Noise Immission and Exposure.

41. Other noise exposure standards or adjustments may need to be applied for special or complex situations such as exposure to high intensity impulse noise. MIL-STD-1474E Department of Defense Design Criteria Standard Noise Limits provides useful guidance for exposure for large caliber weapon use, such as the allowable number of rounds over a period of time.

42. Non-auditory effects of noise may need to be considered in assessments, such as impacts on broader personnel safety and performance. Loud noise and highly variable noise work environments can interfere with worker communication, warning signal perception, concentration and task performance, and can cause distraction, annoyance, fatigue, safety

Procedure 04 - Noise Identification, Assessment and Monitoring

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issues and effects to health. In Defence, this could generate issues associated with ‘situational awareness’ and ‘habitability’ (eg while onboard vessels, vehicles or aircraft). Further information is provided in the Code of Practice: Managing Noise and Preventing Hearing Loss at Work and Australian/New Zealand Standard 1269.1:2005 - Occupational Noise Management - Measurement and Assessment of Noise Immission and Exposure. The ISO 2923:1996 Acoustics - Measurement of noise on board vessels provides guidance on the different metrics that may apply in ship/vessel habitability criteria.

Specialist advice for noise assessment

43. Groups and Services are responsible for developing their own noise management capability to support their own needs. However, there are a number of subject matter experts within Work Health and Safety Branch and Joint Health Command who can provide specialist advice or support to remediate/manage significant noise issues.

44. Health professionals with noise knowledge can provide advice in accordance with Group or Service communication and consultation arrangements. The following health professionals are available to provide advice on noise issues:

44.1. occupational hygienists - ADF and APS environmental health officers and contractors who may be identified via Work Health and Safety Services Standing Offer Panel; and

44.2. occupational physicians - appropriately qualified ADF and APS doctors and contractors who may be identified via Work Health and Safety Services Standing Offer Panel.

Outputs from survey

45. Other information sources and reporting requirements include:

45.1. audiometric hearing test reports and hearing change summaries, excluding personal information, for analysis purposes;

45.2. results from noise surveys including noise measurement data and personal noise dosimetry data;

45.3. noise assessment reports and noise management plans (see SafetyMan - Noise Management Procedure 06 - Noise Management Plans); and

45.4. audit and annual reports.

46. The risk assessment of noise hazards should be documented in noise assessment reports, risk assessment reports or other appropriate documents. The recommended reporting requirements for noise surveys and assessments are provided in the Code of Practice: Managing Noise and Preventing Hearing Loss at Work and Statement of Work Requirements: Occupational/Workplace Noise Surveys and Assessments.

47. Noise survey and assessment reports must provide clear recommendations for noise control measures. The recommendations should be in the form of concise control actions developed using the hierarchy of controls and form a preliminary noise management plan. Guidance on noise management plans is in SafetyMan - Noise Management Procedure 06 – Noise Management Plans and the Code of Practice: Managing Noise and Preventing Hearing Loss at Work.

48. The noise assessment documentation must be submitted to the relevant managers/officers, work health and safety advisors and the relevant work health and safety committee; made available to other stakeholders as required; made easily accessible and traceable. The main findings should be included in training for workers.

Procedure 04 - Noise Identification, Assessment and Monitoring

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Record keeping

49. Records of risk assessments and reviews should include:

49.1. the identified hazards, assessed risks and chosen control measures (including hazard checklists, worksheets and assessment tools used in the risk management process);

49.2. how and when control measures were implemented, monitored and reviewed;

49.3. who was consulted;

49.4. relevant training records; and

49.5. any plans for change.

50. The recommended reporting requirements for noise surveys and assessments are provided in the Defence standard in the Code of Practice: Managing Noise and Preventing Hearing Loss at Work and in Statement of Work Requirements: Occupational/Workplace Noise Surveys and Assessments.

51. Noise management plans and associated noise surveys and risk assessments are to be stored in Sentinel.

Review

52. Risk assessments and control measures must be reviewed, and revised if needed, in the following circumstances:

52.1. at intervals specified in the report/noise management plan documentation or as otherwise required by the regulations;

52.2. following consultation with workers;

52.3. when requested by the work group health and safety representative, unit safety advisors or work health and safety committee;

52.4. when existing control measures are no longer effective (eg due to degradation over time);

52.5. when there are significant changes to noise sources and workplace environment or conditions; and

52.6. when there are adverse health surveillance results or incidents.

53. The effectiveness of implemented noise controls needs to be reviewed and verified by measuring noise levels after controls have been installed, and compared with previous noise levels.

54. Noise management should be constantly evolving with the release of new standards and the integration of updated equipment and tools into the system. Sponsors of noise information are to undertake regular environmental scanning to identify new alternative noise sources and processes that could minimise worker exposure.

Health monitoring and audiometric testing

55. Health monitoring is used to identify changes in a workers’ health due to exposure to a hazard. In support of this requirement, Defence provides audiometric testing for ADF members in accordance with Defence Health Manual, Volume 2, Part 6, Chapter 3, and ‘Frequency of Audiometric Examinations'.

56. Policy and procedures governing health monitoring for hearing are outlined in SafetyMan - Noise Management Procedure 05 – Audiometric Testing.

Procedure 04 - Noise Identification, Assessment and Monitoring

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Monitoring equipment

57. A range of monitoring equipment will be employed to undertake monitoring and measurement for:

57.1. routine monitoring via workplace inspections, walk-throughs, baseline surveys, noise surveys and audits;

57.2. targeted monitoring which is conducted in response to emerging noise management issues or noise incident investigations or changes to workplaces and materiel; and

57.3. health monitoring such as audiometric testing.

58. The types of noise monitoring equipment include:

58.1. sound level meters, including microphones, for performing attended noise measurements. Sound level meters should comply with the requirements of Class 1 meters, as per Australian/New Zealand Standard 1269.1:2005 - Occupational Noise Management - Measurement and Assessment of Noise Immission and Exposure. Special high-pressure microphones (capable of measuring sharp impulses up to 170-180 dB, instead of the typical range up to 140 dB) may be required for high intensity impulse noise;

58.2. noise loggers for unattended and long-term noise measurements;

58.3. noise analysers for high resolution spectral noise measurements;

58.4. noise dosimeters or personal sound exposure meters for personal noise exposure dosimetry;

58.5. calibration equipment including sound level meters and dosimeter calibrators.

59. Sound level meters and noise dosimeters must be factory calibrated at least every two years. Users of sound level meters and dosimeters must calibrate the equipment manually before and after measurements.

60. Quick reference guides on the use of sound level meters and dosimeters are available on the Work Health and Safety Branch Occupational Health webpage.

61. Further detail and guidance on noise survey methodology can be found in the Code of Practice: Managing Noise and Preventing Hearing Loss at Work, Australian/New Zealand Standard 1269.1:2005 - Occupational Noise Management - Measurement and Assessment of Noise Immission and Exposure and Statement of Work Requirements: Occupational/Workplace Noise Surveys and Assessments.

Maintenance of plant and infrastructure

62. Materiel (such as platforms, vehicles, plant, equipment, ordnance) and infrastructure must be maintained so noise hazards are appropriately controlled and monitored.

63. For all major noise sources, the Defence sponsor is responsible for compiling noise safety information which includes:

63.1. noise information or test reports from manufacturers, suppliers or importers;

63.2. noise source labelling;

63.3. noise hazard registers;

63.4. signage for hearing protection areas;

63.5. noise risk assessment reports;

63.6. noise management plans; and

Procedure 04 - Noise Identification, Assessment and Monitoring

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63.7. orders, instructions and publications for operating and supporting materiel and systems of work.

Deployments (including exercises)

64. For deployed personnel, there are significant health risks from exposure to noise that are not normally encountered in Australia. Policy and procedures governing hazard management on deployment are in the Joint Operations Command Work Health, Safety and Injury Management System Manual (JOCSafe).

Information change management

65. Noise information is to be maintained through approved Group or Service change processes consistent with the Defence noise management program (SafetyMan - Noise Management Procedure 06 - Noise Management Plans). The sponsor of the noise information is responsible for ensuring it is updated to maintain the required level of protection for workers.

66. Noise emission and safety information (for new or modified materiel) must be communicated by Defence acquisition agencies to all operators, maintainers, other workers that may be exposed and commanders/managers. Commanders/managers must use noise data and safety information to adequately inform orders, instructions and publications, training, noise management planning and noise controls.

67. Information must be fed back to committees, managers and workers, and used to inform and continually improve orders, instructions and publications, training and control.

Compliance assurance

68. The work health and safety corporate audit tool is applied by Groups and Services to assess and improve compliance with noise Work Health and Safety regulations using the policies and procedures detailed in the Defence noise management program.

69. The Defence noise management program Manager is responsible for conducting periodic system audits of the complete program.

70. Monitoring, assurance and review reporting must be provided to relevant command and committees, with follow up action to manage residual risk and ensure continual improvement.

References and related documents

71. Work Health and Safety Act 2011

72. Work Health and Safety Regulations 2011

73. Code of Practice – Managing Noise and Preventing Hearing Loss at Work

74. MIL-STD-1474E Department of Defense Design Criteria Standard Noise Limits

75. ISO 2923:1996 Acoustics - Measurement of noise on board vessels

76. Defence Health Manual, Volume 2, Part 6, Chapter 3, 'Frequency of Audiometric Examinations'

77. Work Health and Safety Branch Occupational Health webpage.

78. Joint Operations Command Work Health, Safety and Injury Management System Manual

Annex

A. Work Health and Safety Regulations 2011

Regulation 56 - Meaning of exposure standard for noise

Procedure 04 - Noise Identification, Assessment and Monitoring

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Regulation 57 - Managing risk of hearing loss from noise

Procedure 04 - Noise Identification, Assessment and Monitoring

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Annex A

Work Health and Safety Regulations 2011

Regulation 56 - Meaning of exposure standard for noise

(1) In these Regulations, exposure standard for noise, in relation to a person, means:

(a) LAeq,8h of 85 dB(A); or

(b) LC,peak of 140 dB(C).

(2) In this regulation:

LAeq,8h means the eight-hour equivalent continuous A-weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).

LC,peak means the C-weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).

Regulation 57 - Managing risk of hearing loss from noise

(1) A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety relating to hearing loss associated with noise.

Note: WHS Act—section 19 (see regulation 9).

(2) A person conducting a business or undertaking at a workplace must ensure that the noise that a worker is exposed to at the workplace does not exceed the exposure standard for noise.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

NOISE MANAGEMENT PROCEDURE 05 – AUDIOMETRIC TESTING

1. This procedure relates to SafetyMan – Noise Management Policy and Guidance and provides general information and guidance on audiometric testing for all Defence workers, when and how audiometric testing is to be undertaken, and how it is to be managed.

2. This procedure applies to all Defence workers. Details of the procedure for audiometric testing for ADF members are provided in Defence Health Manual, Volume 2, Part 6, Chapter 3, and ‘Frequency of Audiometric Examinations’.

3. This procedure provides an overview of:

3.1. baseline (or reference) and the process for audiometric testing;

3.2. ongoing audiometric testing and ototoxic substances; and

3.3. deployment and operations.

Baseline audiometric testing

4. The Work Health and Safety Regulations 2011 mandate that the Person Conducting a Business or Undertaking must provide audiometric testing for any worker who is required to use personal protective equipment to protect against hearing loss within three months of the worker commencing work.

5. The resultant audiogram from this initial test establishes the baseline or reference audiogram for a worker. Subsequent audiograms are referenced against the baseline.

6. The exposure standards and terminology for noise are defined in Work Health and Safety Regulations 2011, Regulation 56 - Meaning of Exposure Standard for Noise (Annex A) and Australian/New Zealand Standard 1269.1:2005 Occupational Noise Management – Measurement and Assessment of Noise Immission and Exposure. The exposure standards for noise are:

6.1. LAeq,8h of 85 dB(A) – steady state noise level; and

6.2. Lc,peak of 140 dB(C) – peak noise level.

On-going audiometric testing

7. Follow-up audiograms should be undertaken after a minimum of two hours into the work shift so that any temporary hearing loss can be detected.

8. For any worker who is frequently required to use personal protective equipment to protect their hearing, the Person Conducting a Business or Undertaking must provide audiometric testing at least every two years. In addition, regular testing is recommended in situations where workers are also exposed to ototoxic substances. Further information about ototoxic substances is in Ototoxic Substances and Hearing Impact.

9. Where workers are exposed to high levels of noise (LAeq,8h equal to or greater than 100 dB(A)), more frequent audiometric testing should be provided, eg at least every six months.

Procedure 05 - Audiometric Testing

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Deployment and operations

10. There are significant risks to the health and hearing of deployed personnel. Historically, the lack of adequate data and infrastructure has made it difficult to effectively manage noise risks on operations effectively.

11. Personnel returning from deployment are subject to medical checks ((specified in the Defence Health Manual, Volume 2, Part 7, and Chapter 10, ‘Health Requirements for Deployed Defence Members’ annex 10C)), pursuant to which they may require post-deployment audiometric testing. The test results, in conjunction with records of the particular tasks/exercises and types of controls used while on deployment, will enable more effective management of noise risks on future operations. Hence, the particular tasks/exercises and controls should be recorded.

12. Headquarters Joint Operations Command and single-Service Headquarters may direct additional policy and procedures to govern hazard management during deployment.

References and related documents

13. Work Health and Safety Act 2011

14. Work Health and Safety Regulations 2011

15. Defence Health Manual, Volume 2, Part 6, Chapter 3, ‘Frequency of Audiometric Examinations’.

16. AS/NZS 1269.1:2005 Occupational Noise Management – Measurement and Assessment of Noise Immission and Exposure

17. Defence Health Manual, Volume 2, Part 7, Chapter 10, ‘Health Requirements for Deployed Defence Members’

Annex

A. Work Health and Safety Regulations 2011, Regulation 56 - Meaning of Exposure Standard for Noise

Procedure 05 - Audiometric Testing

Date of release: July 2017 Current as at: July 2017 3

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Annex A

Work Health and Safety Regulations 2011

Regulation 56 - Meaning of exposure standard for noise

(1) In these Regulations, exposure standard for noise, in relation to a person, means:

(a) LAeq,8h of 85 dB(A); or

(b) LC,peak of 140 dB(C).

(2) In this regulation:

LAeq,8h means the eight-hour equivalent continuous A-weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).

LC,peak means the C-weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

NOISE MANAGEMENT PROCEDURE 06 – NOISE MANAGEMENT PLANS

Introduction

1. This procedure relates to SafetyMan – Noise Management Policy and Guidance and details the procedures for developing noise management plans to control and manage noise and hearing loss.

2. The most effective way to protect personnel from noise exposure and harm such as hearing loss is to eliminate noise hazards. For noise hazards that cannot be eliminated, management systems are required. Control measures are implemented to manage and mitigate noise through the use of noise management plans.

3. This procedure involves providing detailed processes for:

3.1. noise management plans;

3.2. hierarchy of noise control measures;

3.3. implementing, maintaining and reviewing noise controls;

3.4. consultation, cooperation and coordination;

3.5. record keeping.

Noise management plans

4. A noise management plan is an action plan specifying how noise exposures can be reduced by applying hierarchy of controls. The noise management plan will assist in reducing noise exposures and should evolve and improve with review and revision.

5. A noise management plan must be implemented at the early stage of introduction to service - eg during the acquisition phase - or at the unit or fleet level for ongoing in-service activities, or in response to noise surveys.

6. Importantly, noise controls are implemented during the acquisition phase of new materiel. The approved noise controls should be installed/affixed to the materiel before it is introduced into service and accepted by the Service Release Authority.

7. Noise survey and assessment reports and other information should provide technical input to actions for the noise management plan process. A preliminary noise management plan, with clear and concise control actions, should form part of the noise assessment reports.

8. Noise management plan recommendations or actions arising from workplace/occupational noise surveys and assessments should accord with the hierarchy of controls and be technologically and economically feasible and compatible with performance and environmental requirements.

Procedure 06 - Noise Management Plans

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Information to be included in a noise management plan

9. Noise management plans should include recommendations for the selection of suitable, effective noise control measures where appropriate and practicable, based on the hierarchy of controls:

9.1. removal or elimination of noise sources, if possible;

9.2. substitution or isolation of noise sources;

9.3. engineering noise control treatments;

9.4. administrative noise control or process/operation changes;

9.5. the selection of appropriate personal hearing protection devices;

9.6. classifying hearing protection areas and any required changes to existing hearing protection areas and signage; and

9.7. further work or additional survey data, where required, and improvements in training (eg the Defence occupational noise officers course) and systems (eg orders, instructions and publications and standard operating procedures).

10. Noise management plan recommendations should:

10.1. be clear, realistic, effective, practical and suitable for the nature of the work/source;

10.2. consider, identify and make allowance for any constraints (eg access, cost, maintenance); and

10.3. consider, identify and make allowance for any likely impact on operations or processes (eg ventilation).

11. Information in a noise management plan should include:

11.1. descriptions of noise control measures that need to be implemented and their anticipated/likely effectiveness;

11.2. as a minimum, conceptual information describing the type and extent of noise control measures (for use by Groups and Services to engage specialists to specify and design the detailed noise control measures);

11.3. prioritised noise control measures, with priorities based on the results (such as critical noise sources and similar exposure groups) of the noise assessment; and

11.4. prioritised actions for control, based on urgency and nature of hazard.

Actions and responsibilities for a noise management plan

12. Groups and Services are responsible for defining the control measures in a more detailed noise management plan. Noise control actions identified would need to be converted to approved and planned actions with assigned priority level, scheduled timing, approved budget, resources required, person responsible for completion and person responsible for verification (in collaboration with the relevant Defence agency such as Capability Acquisition and Sustainment Group/System Program Office or Estate and Infrastructure Group and technical specialists where needed).

13. Groups and Services are responsible for engaging acoustic engineering specialists to specify and/or design the detailed noise control measures. Groups and Services are then responsible for ensuring the noise management plan actions are completed within the required time frame and verified accordingly.

Procedure 06 - Noise Management Plans

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14. The noise management plan is an auditable document with key performance indicators. All noise management plan goals and actions must be specific, measurable, attainable, realistic and timely.

15. The effectiveness of noise controls should be reviewed and verified every two years. Ongoing results and progress (including review) regarding the noise management plan process must be communicated to relevant managers/officers, workgroup work health and safety advisors and relevant committees. The main noise management plan actions and outcomes should be included in the training for workers.

16. Noise management plans are to be stored in an approved corporate record keeping system in accordance with Group and Service procedures (Objective or Sentinel database system) and must be easily accessible.

Hierarchy of controls for noise

17. The ‘hierarchy of controls’ is used to manage and mitigate noise hazard risks.

18. If possible, noise sources should be removed/eliminated. Effective measures include substituting old noisy equipment with new quieter equipment and isolating, relocating or consolidating noisy equipment into areas that are separate from, or shielded from, the main work area.

19. Existing control measures that are no longer effective must be revised, upgraded or replaced with effective controls. Engineering noise control measures must be considered and implemented where practicable, if elimination or substitution of noise hazards is not possible or reasonably practicable.

20. Note that some hazards - for example, platforms or weapons - are effectively ‘untreatable’, or engineering control options may be limited due to the impact on combat performance and effectiveness or logistical considerations. In such cases a combination of engineering, administrative and personal protective equipment controls can be applied.

Engineering controls for noise

21. Engineering controls for noise should be specified in a practical manner and in a form that enables application by the relevant Group/Manager. Capability Acquisition and Sustainment Group and Estate and Infrastructure Group may need to be involved in specification requirements for equipment and platforms.

22. Noise measurements and information from noise surveys are important in defining the types of effective noise controls that may be required in different situations. Note that vibration measurements may be required to assist in determining noise/vibration transmission paths and isolating and ranking the noise contributions from different sources. Noise reduction or isolation should be considered at the source, along the transmission path/s and at the worker position/s.

23. Examples of engineering and substitution controls for noise include:

23.1. replacing workshop tools such as air guns, rattle guns, grinders with quieter tools;

23.2. providing quieter vehicles and platforms or fitting engine/machine shrouding, quieter exhaust mufflers;

23.3. maintenance programs to reduce the noise effects of wear with age;

23.4. installing acoustic screens/barriers in workshops, tyre/welding bays, noisy offices;

23.5. enclosing noisy areas (partitions/walls or sealed enclosures);

23.6. using mobile or portable acoustic screens;

Procedure 06 - Noise Management Plans

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23.7. using absorptive baffles or barriers (between areas) and absorptive lining/insulation on ceilings/walls;

23.8. building barriers around noisy plant and weapon emplacements;

23.9. fitting silencers and low noise fittings to compressed air hoses, generator sets, maintenance tools, vehicles; and

23.10. using quieter nozzles and exhaust silencers on pneumatic tools.

24. Further guidance and information is in the Code of Practice: Managing Noise and Preventing Hearing Loss at Work and Australian/New Zealand Standard 1269.2:2005 - Occupational Noise Management - Noise Control Management.

Administrative controls

25. If engineering controls are not possible or reasonably practicable, then administrative control measures must be implemented to minimise noise exposure where applicable and practicable.

26. Examples of administrative controls include:

26.1. job rotation - controlling the exposure time by limiting work in noisy environments, through job rotation or personnel rotation;

26.2. scheduling - managing/scheduling noisy work to minimise personnel exposure;

26.3. changing work process - modifying the task or work process to reduce noise and/or the number of personnel exposed;

26.4. limiting times for tasks - applying maximum exposure times for certain tasks (during a work shift or work week);

26.5. applying minimum safe working distances in the vicinity of major noise sources or activities or areas;

26.6. limiting exposure to ototoxic substances - managing tasks that involve the use of ototoxic substances to reduce exposure, particularly in combination with noise;

26.7. limiting exposure to hand-arm vibration - managing tasks that involve the use of vibratory hand tools and equipment to reduce vibration exposure, particularly in combination with noise;

26.8. using effective tools such as orders, instructions and publications/standing operating procedures, checklists, hazard registers and safety information;

26.9. applying warning signs (eg hearing protective area signs) and warning/alarm devices (visual or audible) that activate when noise levels exceed thresholds;

26.10. providing quiet rest areas (eg enclosed/sealed lunch rooms) for workers away from noisy environments;

26.11. regularly maintaining plant/equipment to minimise wear (that can make machinery noisier);

26.12. buying quiet materiel;

26.13. regularly monitoring hazards; and

26.14. promoting noise awareness by providing instruction, training and supervision.

Personal protective equipment

27. Personal protective equipment, such as ear-muffs or ear-plugs, should be used in the following circumstances:

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27.1. when the risks arising from exposure to noise cannot be eliminated or minimised by other more effective controls;

27.2. as an interim measure until other control measures are implemented; and

27.3. when extra protection is needed above what has been achieved using other noise control measures.

28. Personal protective equipment, such as personal hearing protectors, must be reviewed for effectiveness, suitability and condition. Personal protective equipment should be reviewed as part of the process of routine or baseline surveys and detailed noise assessments. Personal hearing protectors that are in poor condition may not reduce (attenuate) the noise level adequately to protect workers.

29. The assessment of ‘in-ear’ noise reduction levels for an 8-hour shift (ie LAeq,8h) with the application of particular personal hearing protectors should be conducted in accordance with Australian/New Zealand Standard 1269.3:2005 Occupational Noise Management - Hearing Protector Program.

30. Initial screening for all personal hearing protectors requirements should be conducted using the classification method which is outlined in Australian/New Zealand 1269.3:2005 Occupational Noise Management - Hearing Protector Program. After the initial screening using the classification method, an octave-band analysis should be applied to determine the suitability of different configurations of hearing protectors for all Red, Black and Extreme hearing protection area zones.

31. For a combination of ear plugs and ear muffs, as used in Black and Extreme hearing protective areas, an additional 3 dB should be added to the highest noise reduction level of the two personal hearing protectors.

32. Refer to SafetyMan - Noise Management Procedure 04 - Noise Identification, Assessment and Monitoring for information on extended work shifts and impulse noise. Double hearing protection (Class 5 ear plugs and muffs) should be used for high intensity impulse noise and may also require additional limits on the number or extent of exposures. Further information can be found in Australian/New Zealand 1269.3:2005 - Occupational Noise Management - Hearing Protector Program.

33. Personal protective equipment should be selected and maintained in accordance with Work Health and Safety Regulations 2011, Division 5, Regulation 44 – Provision to workers and use of personal protective equipment (Annex A), the Code of Practice: Managing Noise and Preventing Hearing Loss at Work and Australian/New Zealand 1269.3:2005 Occupational Noise Management - Hearing Protector Program. Workers should be involved in the selection process and should be offered a reasonable choice of personal hearing protector types. Workers must (in accordance with Work Health and Safety Regulations 2011, Division 5 Regulation 46 – Duties to worker (Annex B), so far as is reasonably practicable, wear the personal protective equipment in accordance with information, training and instruction provided to them.

34. Importantly, workers must be given refresher training on the correct use and fitting of personal hearing protectors including ear plugs, ear muffs, custom-moulded in-ear plugs and headsets. The training should include reminders of the effects of noise exposure and the potential impact of not wearing personal hearing protectors or not wearing them correctly.

Hearing protection areas

35. Hearing protection areas must be reviewed for applicability and effectiveness and any new areas required must be clearly defined and sign-posted. In addition, warning notices or signs should be prominently placed on noisy tools, equipment, plant and platforms that

Procedure 06 - Noise Management Plans

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exceed noise criteria. Hearing protection area signs should be clear and designed/installed in accordance with AS 1319-1994, Safety Signs for the Occupational Environment.

36. Hearing protection area zones should be reviewed, and revised where required, as a result of any significant changes in the noise sources or work tasks/activities or equipment or workload/shifts or workplace/building environment.

37. The Hearing protection area zones applicable in Defence are outlined in SafetyMan - Noise Management Procedure 03 – Noise Information and Labelling.

38. Other control or management measures in Defence could include:

38.1. collecting further survey data as per SafetyMan Noise Management Procedure 04 - Noise Identification, Assessment and Monitoring;

38.2. reviewing audiometric testing statistics for trades/similar exposure groups;

38.3. improving—or providing additional—training, instruction and awareness programs;

38.4. improving systems, orders, instructions and publications and standing operating procedures; and

38.5. using new management tools.

Implementation, maintenance and review of noise controls

39. Defence must ensure that control measures are implemented, verified and maintained in accordance with Work Health and Safety Regulations 2011 identified below and attached at Annex C:

39.1. Regulation 36 – Hierarchy of control measures

39.2. Regulation 37 – Maintenance of control measures

39.3. Regulation 38 – Review of control measures

40. Implementation of controls must be documented and authorised by the person who accepted the risk assessment or noise management plan (eg acquisition agency or commander/manager) or by other personnel with appropriate responsibility or authority.

41. The effectiveness of noise controls needs to be reviewed and verified—for example, noise levels should be checked before and after controls have been implemented and the levels should be compared to verify the controls are effective/adequate. Additional controls should be implemented if required.

42. Noise control measures (and associated noise management plans) must be reviewed by the responsible personnel at appropriate intervals and revised where required. The review interval should be no more than five years, as required by AS/NZS 1269.1:2005 Occupational Noise Management - Measurement and Assessment of Noise Immission and Exposure; or more often as determined from consultation with workers; or when requested by the workgroup work health and safety advisor or committee.

43. Additionally, any significant changes in the noise sources or work tasks/activities or equipment or workload/shifts or workplace/building environment will require control measures to be reviewed at the time of the change. Reviews are also required in situations when existing control measures are no longer effective (eg due to degradation over time), when there are adverse health surveillance results or incidents and in response to noise surveys and assessments. Noise controls may need to be modified, or new controls introduced, as a result.

44. After reviews, follow up action by managers/commanders is required, along with accountability and traceability, to eliminate or minimise risk.

Procedure 06 - Noise Management Plans

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Consultation, cooperation and coordination

45. Formal and informal consultation, cooperation and coordination amongst all relevant stakeholders is fundamental for effective noise management. Consultation, cooperation and coordination are conducted in accordance with individual Group and Service procedures. Considering the range of personnel involved with noise management, consultation, cooperation and coordination is to include all Defence workers, including contractors.

46. Informal mechanisms include:

46.1. workplace visits from noise specialist personnel, occupation health professionals and unit safety personnel; and

46.2. informal workplace continuation training.

Environmental scanning

47. Noise management should continually evolve with the release of new standards and the integration of better (quieter) materiel into the system. Sponsors of noise information are to undertake environmental scanning to identify new alternative materiel and processes which could minimise worker exposure.

Noise subject matter experts

48. Groups and Services are responsible for developing their own hazardous noise management capability to service their own needs. However, specialists can provide advice on noise issues to assist in noise management and control in the workplace. The following subject matter experts are available within Work Health and Safety Branch and Joint Health Command to provide specialist advice for managing noise:

48.1. senior occupational physicians—accessible through Work Health and Safety Branch and Joint Health Command Directorate of Military Medicine;

48.2. senior occupational hygienists—accessible through Work Health and Safety Branch; and

48.3. specialist noise subject matter expertise—contractors accessible from the Work Health and Safety Standing Offer Panel.

Health professionals with noise knowledge

49. Health professionals with noise knowledge can provide advice in accordance with Group and Service communication and consultation arrangements. The following health professionals are available to provide advice on noise issues:

49.1. occupational hygienists—ADF and APS environmental health officers and contractors via the Estate and Infrastructure Group Work Health and Safety Standing Offer Panel; and

49.2. occupational physicians—ADF and APS doctors and contractors via the Work Health and Safety Standing Offer Panel.

Noise management plan managers

50. Groups and Services and Work Health and Safety Branch are responsible for identifying and establishing appropriate personnel to manage the implementation of the noise management plan.

51. The key personnel involved in managing the noise management plan are unit safety advisors, responsible within a unit or workplace for providing noise advice and for implementing, monitoring and reviewing the unit/workplace noise management system.

Procedure 06 - Noise Management Plans

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Personnel who work in a noisy environment

52. Personnel who work in a noisy environment must have the awareness and knowledge to operate noise sources or noisy plant/systems safely. The Campus e-learning course (course ID 00009711) provides generic noise awareness training for Defence workers; however, training in specific systems of work is the responsibility of the relevant Group, Service or Capability Acquisition and Sustainment Group task sponsor.

Example of a noise management plan

53. An example of a noise management plan follows. The format and content can be varied to fit various circumstances and requirements.

References and related documents

54. Work Health and Safety Act 2011

55. Work Health and Safety Regulations 2011

56. Code of Practice: Managing Noise and Preventing Hearing Loss at Work

57. Australian Standard/New Zealand Standard

57.1. AS/NZS 1269.2:2005 Occupational Noise Management - Noise Control Management

57.2. AS/NZS 1269.3:2005 Occupational Noise Management - Hearing Protector Program

57.3. AS/NZS 1269.3:2005 Occupational Noise Management - Hearing Protector Program

57.4. AS/NZS 1269.1:2005 Occupational Noise Management - Measurement and Assessment of Noise Immission and Exposure

57.5. AS 1319-1994, Safety Signs for the Occupational Environment

58. Work Health and Safety Standing Offer Panel

Annexes

A. Work Health and Safety Regulations 2011- Division 5 – Personal protective equipment

Regulation 44 - Provision to workers and use of personal protective equipment; and

B. Work Health and Safety Regulations 2011- Division 5 – Personal protective equipment

Regulation 46 - Duties of worker

C. Work Health and Safety Regulations 2011 – Chapter 3 – General risk in the workplace management –

Regulation 36 – Hierarchy of control measures

Regulation 37 – Maintenance of control measures

Regulation 38 – Review of control measures

Procedure 06 - Noise Management Plans

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Annex A

Work Health and Safety Regulations 2011

Division 5 – Personal protective equipment

Regulation 44 - Provision to workers and use of personal protective equipment

(1) This regulation applies if personal protective equipment is to be used to minimise a risk to health and safety in relation to work at a workplace in accordance with regulation 36.

(2) The person conducting a business or undertaking who directs the carrying out of work must provide the personal protective equipment to workers at the workplace, unless the personal protective equipment has been provided by another person conducting a business or undertaking.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Example: Equipment that has been provided by a labour hire company.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) The person conducting the business or undertaking who directs the carrying out of work must ensure that personal protective equipment provided under subregulation (2) is:

(a) selected to minimise risk to health and safety, including by ensuring that the equipment is:

(i) suitable having regard to the nature of the work and any hazard associated with the work; and

(ii) a suitable size and fit and reasonably comfortable for the worker who is to use or wear it; and

(b) maintained, repaired or replaced so that it continues to minimise risk to the worker who uses it, including by ensuring that the equipment is:

(i) clean and hygienic; and

(ii) in good working order; and

(c) used or worn by the worker, so far as is reasonably practicable.

(4) The person conducting a business or undertaking who directs the carrying out of work must provide the worker with information, training and instruction in the:

(a) proper use and wearing of personal protective equipment; and

(b) the storage and maintenance of personal protective equipment.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note 1: A person conducting a business or undertaking must not charge or impose a levy on a worker for the provision of personal protective equipment (see section 273 of the Act).

Procedure 06 - Noise Management Plans

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Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

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Annex B

Work Health and Safety Regulations 2011

Division 5 – Personal protective equipment

Regulation 46 - Duties of worker

(1) This regulation applies if a person conducting a business or undertaking provides a worker with personal protective equipment.

(2) The worker must, so far as the worker is reasonably able, use or wear the equipment in accordance with any information, training or reasonable instruction by the person conducting the business or undertaking.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) The worker must not intentionally misuse or damage the equipment.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(4) The worker must inform the person conducting the business or undertaking of any damage to, defect in or need to clean or decontaminate any of the equipment of which the worker becomes aware.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Procedure 06 - Noise Management Plans

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Annex C

Work Health and Safety Regulations 2011

Chapter 3 – General risk and workplace management

Regulation 36 - Hierarchy of control measures

(1) This regulation applies if it is not reasonably practicable for a duty holder to eliminate risks to health and safety.

(2) A duty holder, in minimising risks to health and safety, must implement risk control measures in accordance with this regulation.

(3) The duty holder must minimise risks, so far as is reasonably practicable, by doing one or more of the following:

(a) substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk;

(b) isolating the hazard from any person exposed to it;

(c) implementing engineering controls.

(4) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls.

(5) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by ensuring the provision and use of suitable personal protective equipment.

Note: A combination of the controls set out in this regulation may be used to minimise risks, so far as is reasonably practicable, if a single control is not sufficient for the purpose.

Regulation 37 - Maintenance of control measures

A duty holder who implements a control measure to eliminate or minimise risks to health and safety must ensure that the control measure is, and is maintained so that it remains, effective, including by ensuring that the control measure is and remains:

(a) fit for purpose; and

(b) suitable for the nature and duration of the work; and

(c) installed, set up and used correctly.

Regulation 38 - Review of control measures

(1) A duty holder must review and as necessary revise control measures implemented under these Regulations so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety.

(2) Without limiting subregulation (1), the duty holder must review and as necessary revise a control measure in the following circumstances:

(a) the control measure does not control the risk it was implemented to control so far as is reasonably practicable;

Examples:

1 The results of monitoring show that the control measure does not control the risk.

2 A notifiable incident occurs because of the risk.

(b) before a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control;

Procedure 06 - Noise Management Plans

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(c) a new relevant hazard or risk is identified;

(d) the results of consultation by the duty holder under the Act or these Regulations indicate that a review is necessary;

(e) a health and safety representative requests a review under subregulation (4).

(3) Without limiting paragraph (2)(b), a change at the workplace includes:

(a) a change to the workplace itself or any aspect of the work environment; or

(b) a change to a system of work, a process or a procedure.

(4) A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that:

(a) a circumstance referred to in paragraph (2)(a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and

(b) the duty holder has not adequately reviewed the control measure in response to the circumstance.

Date of release: July 2017 Current as at: July 2017 14 UNCONTROLLED IF PRINTED

Example of a Noise Management Plan

Action type Action required Actionee

(person/appt responsible

Target completion

date

Comments

Action number

Area / Section

Priority level

Timing

1. XX AVN/SQN – Flightline + Maintainers

High Immediate (urgent)

Hearing Protection: Existing Hearing Protection Device (HPD) provision and usage needs to be improved. Recommended Hearing Protection Device (HPD) information is provided in Annex C and section 4, such as a Comms Headset with DSP (Digital Signal Processing) and ANC (Active Noise Control, using fast electronic circuitry).

2. XX AVN/SQN – Hangars, Workshops

High Immediate (urgent)

Hearing Protection: Existing Hearing Protection Device (HPD) provision and usage needs to be improved. Recommended HPD information is provided in Annex C and section 4. Class 1 HPD (e.g. ear plug) applies for general tools/tasks, but a Class 4 HP (e.g. ear muff) must be worn by operators of hand/air/bench tools for high noise level tasks (e.g. riveting, grinding etc).

3. XX AVN/SQN – Flightline

High Immediate (quick/easy fix)

Administrative: The current Black HPA zones for XX AVN/SQN should be maintained. It is recommended that Black HPA Zone signs be erected at each entry/exit airside.

4. XX AVN/SQN – Hangars, Workshops

High Immediate (quick/easy fix)

Administrative: New Amber HPA zone signage should be placed (easily visible and at head height) on the internal and external hangar walls and near entrance/exit doorway. Also, portable Red HPA signage should be used when high noise level tasks are occurring.

5. XX AVN/SQN – Hangars, Workshops

Moderate Near to medium term

Administrative: Install a visual warning device in an elevated location in the hangar & workshop that operates an amber flashing light when noise levels are exceeded.

6. XX AVN/SQN – Hangars, Workshops

Important Medium term (ongoing)

Engineering: Buy quiet equipment for workshop tools: a) low noise spec. rattle and needle guns, b) alternative grinding disks. Also, silencers, straight-through mufflers and low noise fittings for exhaust air outlets on range of pneumatic tools.

7. XX AVN/SQN – Hangars, Workshops

Moderate–important

Medium term (ongoing)

Data: Noise measurements should be performed for any noisy equipment not covered in this survey. A noise survey is also required of any other new equipment that is introduced in future. Need on-going & more regular dosimetry of SEGs.

8. XX AVN/SQN – Flightline + Maintainers

Important Near to medium term (ongoing)

Administrative: Flightline personnel, such as Aircrew, Maintainers, Aircraft/Avionics Technicians should have 6-monthly audiometric tests, with any significant hearing threshold shifts noted and actioned, and a statistical database kept up-to-date.

9. XX AVN/SQN – Hangars, Workshops

Important Medium term (ongoing)

Administrative: All personnel should have at least 12-monthly audiometric testing, with any significant hearing threshold shifts noted and actioned, and a statistical database kept up-to-date. However, note that regular 6-monthly audiometric testing should be required for personnel doing regular high noise level tasks.

10. XX AVN/SQN – Top level

Important Medium term (ongoing)

Training: Improved noise awareness and training is required for all Army & RAAF personnel, covering noise exposure awareness & the correct use/fitting of HP devices. A subset of Army personnel should undertake the DONO course or equiv, with regular updates. Also, use of new noise assessment tools from DCOHS.

11. XX AVN/SQN – Top level

Moderate–important

Medium term (ongoing)

Administrative: The unit should develop a Standard Operating Procedure (SOP) and Hazard Register for noise (or add a noise specific part to a general WHS SOP), plus place noise awareness posters and information posted on unit WHS Noticeboards.

12. XX AVN/SQN – Top level

Moderate–important

Medium to long term (ongoing)

Administrative: This Noise Management Plan (NMP) should be monitored and kept up-to-date by relevant Army/RAAF managers, with regular audit by DCOHS and SMEs for monitoring and evaluation of progress against the recommended actions.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

NOISE MANAGEMENT PROCEDURE 07– EDUCATION, TRAINING AND INSTRUCTION

Introduction

1. This procedure relates to SafetyMan - Noise Management Policy and Guidance and details the requirements for education, training and instruction to ensure the workforce has the knowledge and skills to manage noise hazards and implement controls. In this procedure, education, training and instruction are collectively referred to as ‘training’.

Training

2. Training programs are required to provide all workers with the knowledge and skills needed to manage and control noise hazards.

3. When new noise hazards are introduced, the sponsor of the noise information is to ensure appropriate training programs are developed and integrated into existing training programs, or new programs are developed.

4. Service Chiefs and Group Heads are responsible for training and instruction of the trades, mustering and categories under their control. This would involve the development, implementation and ongoing review of training and training plans.

5. Training should be provided to:

5.1. those workers who may be exposed to hazardous noise or other agents that may contribute to hearing loss;

5.2. managers and supervisors and other relevant personnel including contractors;

5.3. Work health and safety committees and work Health and Safety Representatives, including Unit Safety Advisors, Unit Safety Coordinators, Environmental Health Officer;

5.4. those responsible for purchasing materiel, noise control equipment and personal hearing protectors; and

5.5. those responsible for the scheduling, layout and supervision of work.

Noise-related courses/programs

6. Basic ‘Hearing and Noise Awareness’ training is provided by e-learning on Campus (Course ID 00009711) and is mandatory for all personnel working in areas where they are required to wear hearing protection and to relevant commanders, managers and supervisors of units or areas that contain noise sources. Work Health and Safety Branch, as the course sponsor, is responsible for ongoing evaluation of the course to ensure it continues to meet the workplace need.

7. The Defence Occupational Noise Officer course [PMKeys code 204785] is conducted at the Australian Defence Force Academy (University of New South Wales). This five-day

Procedure 07 - Education, Training and Instruction

Date of release: July 2017 Current as at: July 2017 2

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course is designed to provide selected personnel with information and practical experience in basic noise measurements, regulations, management and control.

8. Selected personnel within each Group and Service should be nominated by Group Safety Coordinators to undertake the Defence Occupational Noise Officer course. Suitable candidates include unit safety advisors, unit safety coordinators, environmental health officer and preventive medicine technicians. Defence Occupational Noise Officers should be stationed at each large workplace - ie at each base or facility that contains major noise sources and should perform noise-related tasks.

9. On successful completion of the course, Defence Occupational Noise Officers are competent persons as defined in Australian/New Zealand Standard 1269.1:2005 Occupational Noise Management - Measurement and Assessment of Noise Immission and Exposure and the Code of Practice: Managing Noise and Preventing Hearing Loss at Work.

10. To maintain currency, Defence occupational noise officers require refresher training within five years of their initial Defence Occupational Noise Officer course.

11. All workers need to be instructed and reminded of the applicable orders, instructions and publications and standard operating procedures that apply.

12. Task-related hazard and control information must be integrated into orders, instructions, publications, standard operating procedures. Any changes to the task process or noise hazard will require revision of orders, instructions and publications/standard operating procedures. New or revised orders, instructions and publications/standard operating procedures must be communicated to workers.

13. Information on training can be found on the Work Health and Safety Branch website page, ‘Noise’. Training documentation (plans, schedules and records) must be maintained on PMKeyS.

Information and communication

14. Noise information and safety requirements must be communicated during awareness instruction and training.

15. Communication is critical for effective understanding, awareness and action on noise management issues. The coordination of training is to include all Defence workers, including contractors.

16. Sources and mechanisms for conveying information about noise and noise management to workers include:

16.1. orders, instructions and publications and standard operating procedures;

16.2. unit notice boards, newsletters and publications;

16.3. the Defence occupational noise officer course and notes;

16.4. Work Health and Safety Branch, Group or Service websites;

16.5. industry, training and other websites;

16.6. professional societies and organisations; and

16.7. conferences, seminars, workshops and forums.

References and related documents

17. Australian/New Zealand Standard 1269.1:2005 Occupational Noise Management - Measurement and Assessment of Noise Immission and Exposure

Procedure 07 - Education, Training and Instruction

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18. Code of Practice: Managing Noise and Preventing Hearing Loss at Work

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

PERSONAL PROTECTIVE EQUIPMENT POLICY

Policy statement

1. Defence will provide personal protective equipment to workers when undertaking hazardous tasks.

Scope

2. This policy applies to all Defence workers, including ADF members, APS employees, ADF cadets, contractors and other persons.

3. The application of this policy to contractors and sub-contractors is dependent on the degree of control and influence that Defence has over the undertaking and will be defined within the relevant contractual arrangements.

Policy – core elements

4. This policy applies to the management, maintenance and supply of personal protective equipment in Defence.

5. Risk assessments must be undertaken when planning activities requiring the use of personal protective equipment.

6. External/environmental and personal risk factors are to be considered in the assessment of risk with the use of personal protective equipment.

7. Where suitable personal protective equipment is not available through the Military Integrated Logistics Information System, local procurement of personal protective equipment is permitted in accordance with the Defence Procurement Policy Manual. All locally procured personal protective equipment must be used, maintained and disposed of in accordance with manufacturer instructions.

8. Work areas must have documented personal protective equipment maintenance processes for the following:

8.1. maintenance duties and responsibilities;

8.2. inspection and cleaning procedures;

8.3. information on limitations and the intended conditions of use; and

8.4. criteria for replacement and disposal.

9. A personal protective equipment maintenance sheet is available in the SafetyMan – Personal Protective Equipment Procedure 01 - Personal Protective Equipment Maintenance Sheet.

Roles and responsibilities

10. Group Heads and Service Chiefs as officers of the Person Conducting a Business or Undertaking are responsible for allocating sufficient resources to effectively manage personal protective equipment related risks.

Personal Protective Equipment Policy

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11. Commanders, managers and supervisors must take all practicable steps to protect the health and safety of workers, contractors, visitors and the environment in the workplace. They have a responsibility to ensure that:

11.1. a risk assessment is completed to determine what personal protective equipment is required;

11.2. appropriate personal protective equipment, approved by the Group or Service, is available for tasks;

11.3. adequate information, instruction, training and supervision is provided in the use of personal protective equipment;

11.4. personal protective equipment is issued to persons in a clean and undamaged condition that will protect the user and not cause a hazard to their health;

11.5. designated risk areas/processes requiring the use of personal protective equipment are signposted;

11.6. all persons entering a workplace where hazardous activities occur, or are likely to occur, are provided with information on the activity, the hazard and the type of personal protective equipment required; and

11.7. personal protective equipment is suitable for the task, is serviceable, fits properly and is, so far as is reasonably practicable, comfortable to wear.

12. All workers have a responsibility to:

12.1. take all reasonably practical steps to safeguard their own health and safety, and the safety of others in the workplace;

12.2. understand and follow established safe work practices and procedures, participate in appropriate training and hazard identification, and control risks arising from personal protective equipment hazards in accordance with guidance;

12.3. advise supervisors of any perceived risk that could increase exposure to injury or illness;

12.4. monitor themselves and their fellow workers, and take action when they observe elevated risks to themselves or others; and

12.5. report events that caused, or could have caused, injury or illness.

References and Related Documents

13. Work Health and Safety Act 2011

14. Work Health and Safety Regulations 2011

15. Defence Procurement Policy Manual

16. SafetyMan:

16.1. Personal Protective Equipment Procedure 01 - Personal Protective Equipment Maintenance Sheet

16.2. Personal Protective Equipment Procedure 02 – Personal Protective Equipment Selection Checklist

16.3. Personal Protective Equipment Procedure 03 – Use of Personal Protective Equipment

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

PERSONAL PROTECTIVE EQUIPMENT PROCEDURE 01 – PERSONAL PROTECTIVE EQUIPMENT MAINTENANCE SHEET

1. This procedure provides work health and safety tools, information and/or guidance relating to the SafetyMan - Personal Protective Equipment Policy.

2. The Personal Protective Equipment Maintenance Sheet can be used to monitor the maintenance and repair of personal protective equipment.

Procedure 01 – Personal Protective Equipment Maintenance Sheet

Date of release: July 2017 Current as at: July 2017 2

PERSONAL PROTECTIVE EQUIPMENT MAINTENANCE SHEET

This sheet is to be used to monitor the maintenance and repair of personal protective equipment. This sheet is to be placed near the personal protective equipment so that it is readily accessible

Division/Unit: Building/Location:

Description: (additional information e.g. instructions can be added as separate sheets):

Frequency of checks/maintenance required:

Date Personal protective equipment

maintenance type (check, repair etc)

Description of Maintenance Initials

UNCONTROLLED IF PRINTED

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

PERSONAL PROTECTIVE EQUIPMENT PROCEDURE 02 - PERSONAL PROTECTIVE EQUIPMENT SELECTION CHECKLIST

1. This procedure provides work health and safety guidance relating to the SafetyMan - Personal Protective Equipment Policy.

2. The Personal Protective Equipment Selection Checklist can be used to record personal protective equipment type and size, and to identify damage or deterioration to the personal protective equipment.

Procedure 02 - Personal Protective Equipment Selection Checklist

Date of release: July 2017 Current as at: July 2017 2

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PERSONAL PROTECTIVE EQUIPMENT SELECTION CHECKLIST

Name of Worker(s)

Appointment(s)

Group or Service, Division/Branch/Unit

Date raised

Reason for personal protective equipment selection (attach a copy of the completed risk assessment noting that the use of personal protective equipment is the last resort to managing risk)

Nature of task

Personal protective equipment type and description Manufacturer Product Code/Serial No.

Name of Worker(s)

Date and Signature

Name of Supervisor

Date and Signature

Procedure 02 - Personal Protective Equipment Selection Checklist

Personal Protective Equipment

Selection Checklist: Worker to complete

Considerations

Yes

No

Comments (mandatory justification is required if ‘no’ has been selected for any of the questions below)

Has personal protective equipment been selected to minimise the risk to health and safety?

Is personal protective equipment stored so that it is not damaged, left to deteriorate, or contaminated by exposure to chemicals or other materials in the workplace?

Is the personal protective equipment stored in an assigned location so that it is clearly accessible to all workers?

Is personal protective equipment approved and appropriate for the task/activity?

Has the personal protective equipment manufacturer/supplier provided evidence of compliance with Australian Standards?

Is the personal protective equipment of a suitable size and fit and reasonably comfortable for the person wearing it?

Is the personal protective equipment maintained and repaired or replaced so it continues to minimise the risk?

Is the personal protective equipment subject to routine inspection (in accordance with manufacturer specifications), cleaning and maintenance?

Is signage installed in the workplace to indicate areas where workers are required to use personal protective equipment and indicate where it is stored?

Is the personal protective equipment worn, so far as is reasonably practicable, in accordance with any:

o information;

o training; and

o instruction.

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Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

PERSONAL PROTECTIVE EQUIPMENT PROCEDURE 03 – USE OF PERSONAL PROTECTIVE EQUIPMENT

1. The following information is provided to assist Defence workers to administer, implement or apply the SafetyMan - Personal Protective Equipment Policy.

2. Personal protective equipment must only be used following completion of a risk assessment, when the hazard cannot be eliminated or where the risk cannot be controlled using other methods from the hierarchy of control.

3. The process of carrying out a risk assessment should include:

3.1. identification of the task;

3.2. list of the hazards present;

3.3. quantification of the risks that would result from exposure to the hazards;

3.4. considerations of the protection provided by other control measures before the application of personal protective equipment;

3.5. defining the level of residual risks that need to be covered by personal protective equipment;

3.6. determination of the level and extent of protection required from the personal protective equipment, taking into account parameters such as duration of exposure to the hazard, ambient temperature and other working conditions; and

3.7. identification of (additional) risks resulting from the use of the personal protective equipment.

4. Personal protective equipment used at a workplace must be:

4.1. selected to minimise risk to health and safety;

4.2. approved and appropriate for the task/activity;

4.3. suitable and appropriate for the nature of the work and any hazard associated with the work; and

4.4. a suitable size and fit for the user.

5. Signage must be installed in the workplace to indicate areas where workers are required to use personal protective equipment and to indicate where it is stored.

6. The effectiveness of personal protective equipment depends upon a good fit between the device and the user. Personal protective equipment may reduce dexterity, movement, communication, vision or breathing. These restrictions must be considered when assessing and procuring personal protective equipment for workers.

7. Where personal protective equipment is required to minimise the risk of exposure to a hazard, worker induction and training in the following must be provided:

7.1. fitting;

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7.2. cleaning/decontamination;

7.3. maintenance;

7.4. disposal;

7.5. use;

7.6. inspection for faults/integrity;

7.7. storage; and

7.8. records of training must be maintained by work areas.

8. Work areas must store personal protective equipment so it is not damaged, left to deteriorate or contaminated by exposure to chemicals or other materials in the workplace.

9. Personal protective equipment must be stored in specifically assigned storage locations so that it is clearly identifiable and accessible to all workers.

10. Where personal protective equipment is in use, routine inspection (in accordance with manufacturer specifications), cleaning and maintenance is required.

11. There is a large range of personal protective equipment available, as detailed below.

Gloves

12. Gloves should be used when handling:

12.1. hazardous materials;

12.2. toxic chemicals;

12.3. corrosive materials;

12.4. materials with sharp or rough edges; and

12.5. very hot or very cold materials.

13. The selection of gloves should be based on the following:

13.1. the specific task being performed;

13.2. conditions present;

13.3. duration of exposure;

13.4. potential hazards identified; and

13.5. performance characteristics of the glove material.

14. The selection, care and use of gloves must comply with the relevant Defence information sheet and the Australian/New Zealand standards listed below:

14.1. Defence HAZCHEM Information Sheet #7 – Personal Protective Equipment – Chemical Protective Gloves

14.2. Australian Standard/New Zealand Standard 2161.1.2000 Occupational Protective Gloves Part 1: Selection, Use and Maintenance

14.3. Australian Standard/New Zealand Standard 2161.2.2005 Occupational Protective Gloves Part 2: General Requirements

14.4. Australian Standard/New Zealand Standard 2161.3.2005 Occupational Protective Gloves Part 3: Protection against Mechanical Risks

14.5. Australian Standard/New Zealand Standard 2161.4:1999 Occupational Protective Gloves Part 4: Protection against Thermal Risks (heat and fire)

Procedure 03 – Use of Personal Protective Equipment

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14.6. Australian Standard/New Zealand Standard 2161.5:1998 Occupational Protective Gloves Part 5: Protection against Cold

14.7. Australian Standard/New Zealand Standard 2161.6:2014 Occupational Protective Gloves – Protective Gloves for Structural Firefighting

14.8. Australian Standard/New Zealand Standard 2161.7.1:1998 Occupational Protective Gloves Part 7.1: Protection against Cuts and Stabs by Hand Knives – Chainmail Gloves and Arm Guards

14.9. Australian Standard/New Zealand Standard 2161.7.2.2:2005 Occupational Protective Gloves Part 7.2: Protection against Cuts and Stabs by Hand Knives - Gloves and Arm Guards made of Material other than Chainmail

14.10. Australian Standard/New Zealand Standard 2161.8:2002 Occupational Protective Gloves Part 8: Protection against Ionizing Radiation and Radioactive Contamination

14.11. Australian Standard/New Zealand Standard 2161.9:2002 Occupational Protective Gloves Part 9: Method of Measurement and Evaluation of the Vibration Transmissibility of Gloves at the Palm of the Hand

14.12. Australian Standard/New Zealand Standard 2161.10.1:2005 Occupational Protective Gloves Part 10.1: Protective Gloves against Chemicals and Micro-Organisms – Terminology and Performance Requirements

14.13. Australian Standard/New Zealand Standard 4179:2014 Single Use Sterile Rubber Surgical Gloves – Specification

14.14. Australian Standard/New Zealand Standard 2225:1994 Insulating Gloves for Electrical Purposes

Respiratory protective equipment

15. Respiratory protection must be used in atmospheres where there is a risk of exposure to oxygen deficiency or contaminants above preset limits.

16. There are two main types of respiratory protective equipment:

16.1. air purifying devices - inhaled air is drawn through a filter that removes the harmful substances. These devices cannot be used in oxygen depleted atmospheres. Air purifying devices fall into three main categories:

16.1.1. dust masks;

16.1.2. gas filters; and

16.1.3. particulate filters.

16.2. supplied air - an air source independent of the working environment is provided. There are three categories of supplied air respirators:

16.2.1. air-hose respirators;

16.2.2. air-line respirators; and

16.2.3. self-contained breathing apparatus.

17. The respirator used must be suitable for the task and workplace conditions. Achieving a good facial seal is essential. Facial hair such as beards and sideburns prevent a close fit and spectacles or even facial irregularity may also prevent problems.

18. The selection, care and use of respiratory protective equipment must comply with the relevant Defence information sheet and the Australian/New Zealand standards listed below:

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18.1. Defence HAZCHEM Information Sheet #8 – Personal Protective Equipment – Respiratory Protective Equipment

18.2. Australian Standard/New Zealand Standard 1715:2009 – Selection, Use and Maintenance of Respiratory Protective Equipment

18.3. Australian Standard/New Zealand Standard 1716:2012 - Respiratory Protective Devices

Eye and face protection

19. Eye and face protection must be worn when there is a danger of splashing, sparks, explosion, ionising radiation, ultra violet etc.

20. Protection comes in the form of:

20.1. safety spectacles;

20.2. safety goggles; and

20.3. face shields.

21. If workers require prescription eyewear in order to operate safely within their work environment, then the requirement to wear safety glasses, goggles, or a face shied must accommodate the need for vision correction.

22. The selection, care and use of eye and face protection must comply with the relevant Defence information sheet and the Australian/New Zealand standards listed below:

22.1. Defence HAZCHEM Information Sheet #9 – Personal Protective Equipment – Eye and Face Protection

22.2. Australian Standard/New Zealand Standard 1337.1:2010 – Personal Eye Protection – Eye and Face Protectors for Occupational Applications

22.3. Australian Standard/New Zealand Standard 1337.2:2012 – Personal Eye Protection – Mesh Eye and Face Protectors for Occupational Applications

22.4. Australian Standard/New Zealand Standard 1337.4:2011 – Eye and Face Protection – Filters and Eye Protectors against Laser Radiation (laser eye protectors)

22.5. Australian Standard/New Zealand Standard 1337.5:2011 - Eye and Face Protection – Eye Protectors for Adjustment Work on Laser and Laser Systems

22.6. Australian Standard/New Zealand Standard 1337.6:2012 – Personal Eye Protection – Prescription Eye Protectors against Low and Medium Impact

Hearing protection

23. Refer to SafetyMan - Noise Management Policy and Guidance.

Safety footwear

24. Safety footwear is required if there is a risk of:

24.1. crush or impact injuries;

24.2. chemical or molten metal burns;

24.3. contamination with harmful substances;

24.4. penetration with sharp objects; and/or

24.5. slipping.

25. Footwear is divided into 3 categories:

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25.1. protective;

25.2. safety; and

25.3. occupational.

26. The selection, care and use of safety footwear must comply with the relevant Australian/New Zealand standards listed below:

26.1. Australian Standard/New Zealand Standard 2210.1:2010 Safety, Protective and Occupational Footwear – Guide to Selection, Care and Use

26.2. Australian Standard/New Zealand Standard 2210.2:2009 – Occupational Protective Footwear – Test Methods

26.3. Australian Standard/New Zealand Standard 2210.3:2009 – Occupational Protective Footwear – Specification for Safety Footwear

26.4. Australian Standard/New Zealand Standard 2210.4:2009 – Occupational Protective Footwear – Specification for Protective Footwear

26.5. Australian Standard/New Zealand Standard 2210.5:2009 – Occupational Protective Footwear – Specification for Occupational Footwear

Protective garments

27. Protective garments should be worn to protect against:

27.1. hazardous substances;

27.2. machinery parts; and

27.3. extreme conditions.

28. Protective garments include high visibility garments, thermal wear, overalls aprons and reflective vests.

29. The selection care and use of protective garments must comply with the relevant Australian/New Zealand standards listed below:

29.1. Australian Standard/New Zealand Standard 4501.1:2008 Occupational Protective Clothing Part 1: Guidelines on the Selection, Use, Care and Maintenance of Protective Clothing

29.2. Australian Standard/New Zealand Standard 4501.2:2006 Occupational Protective Clothing Part 2: General Requirements

29.3. Australian Standard/New Zealand Standard ISO 22608:2007 Protective Clothing – Protection against Liquid Chemicals – Measurement of Repellency, Retention and Penetration of Liquid Pesticide Formulations through Protective Clothing Materials

29.4. Australian Standard/New Zealand Standard ISO 2801:2008 Clothing for Protection against Heat and Flame – General Recommendations for Selection, Care and Use of Protective Clothing

29.5. Australian Standard/New Zealand Standard 4399:1996 Sun Protective Clothing – Evaluation and Classification

Head protection

30. Head protection of the appropriate type must be used at any time where there is a risk of head injury. Head protection includes safety helmets and broad brimmed hats.

31. Head protection should be of an appropriate size for the wearer and have an adjustable headband and chin strap.

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32. The selection, care and use of head protection must comply with the relevant Australian/New Zealand standards listed below:

32.1. Australian Standard/New Zealand Standard 1800:1998 Occupational Protective Helmets – Selection, Care and use

32.2. Australian Standard/New Zealand Standard 1801:1997 Occupational Protective Helmets

32.3. Australian Standard/New Zealand Standard 1698:2006 Protective Helmets for Vehicle Users

Fall protection

33. A fall-arrest system is intended to safely stop a worker falling an uncontrolled distance. These systems must only be used if it is not reasonably practicable to use higher level controls, eg guardrails or walkways etc, or if higher level controls might not be fully effective in preventing a fall on their own.

34. An individual fall-arrest system may consist of components such as:

34.1. harness;

34.2. lanyard;

34.3. anchorages;

34.4. lifelines and rails; and

34.5. snap hooks.

35. The selection, care and use of fall protection systems must comply with the relevant Code of Practice and the Australian/New Zealand standards listed below:

35.1. Code of Practice – Managing the Risk of Falls at Workplaces

35.2. Australian Standard/New Zealand Standard 1891.1:2007 – Industrial Fall-Arrest Systems and Devices – Harnesses and Ancillary Equipment

35.3. Australian Standard/New Zealand Standard 1891.2:2001 – Industrial Fall-Arrest Systems and Devices – Horizontal Lifeline and Rail Systems

35.4. Australian Standard/New Zealand Standard 1891.3:1997 – Industrial Fall-Arrest Systems and Devices – Fall-Arrest Devices

35.5. Australian Standard/New Zealand Standard 1891.4:2009 – Industrial Fall-Arrest Systems and Devices – Selection, Use and Maintenance

Defence People Policy, SafetyMan

Date of release: September 2017 Current as at: September 2017 UNCONTROLLED IF PRINTED

REMOTE OR ISOLATED WORK POLICY AND GUIDANCE

Policy statement

1. Defence must provide a safe working environment for workers that work remotely or in isolation. This may include land or sea activities within Australia or overseas.

Scope

2. This policy applies to all Defence workers, including ADF members, APS employees, ADF cadets, contractors and other persons.

3. The application of this policy to contractors and sub-contractors is dependent on the degree of control and influence that Defence has over the undertaking and will be defined within the relevant contractual arrangements.

Policy – core elements

4. The Work Health and Safety Regulations 2011, Regulation 48 - Remote or Isolated Work (Annex A) requires Defence to manage risks arising from remote or isolated work. Defence must provide a system of work that includes effective communication with the worker.

5. Remote or isolated work is defined as work that is isolated from the assistance of other persons because of the location, time or nature of work.

6. Remote work may involve work activities undertaken at a location removed from an office environment where there are few people and where communications and travel are difficult.

7. Isolated work may involve work activities undertaken in an isolated area on or off site, for example home based work, either during or outside normal working hours.

8. Defence must consult with workers about remote or isolated work. If potential hazards are identified in the workplace, appropriate control measures must be used to eliminate or minimise exposure to these hazards.

9. This policy does not set down a minimum time that a person has to be on their own for the person to be considered remote or isolated. Each situation should be assessed on its merits, taking account of what may present a significant risk to the worker.

10. A risk assessment must be undertaken when planning remote or isolated work.

11. External work environment (such as geographical terrain or climate), psychosocial and personal risk factors must be considered in the assessment of remote or isolated risk.

Roles and responsibilities

12. Group Heads and Service Chiefs as officers of the Person Conducting a Business or Undertaking are responsible for allocating sufficient resources to effectively manage remote or isolated work.

Remote or Isolated Work Policy and Guidance

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13. Commanders/managers and supervisors must take all practicable steps to protect the health and safety of workers. They have a responsibility to:

13.1. ensure risk assessments are completed for all remote or isolated work and that adequate control measures are implemented before work is approved. Comcare’s Guide to Remote or Isolated Work can assist with completing the risk assessment;

13.2. provide appropriate communication devices for workers performing work remotely or in isolation;

13.3. provide and maintain remote premises/accommodation (office, plant and equipment);

13.4. provide advice, information, training, instruction or supervision necessary to protect workers from risks to their health and safety arising from remote or isolated work;

13.5. ensure the workplace is monitored, eg establish a process whereby workers are required to check in at nominated times;

13.6. ensure Defence workers are consulted when determining effective controls;

13.7. ensure compliance with safe systems of work for remote or isolated work;

13.8. monitor implementation of risk assessment requirements for any work in line with the risk; and

13.9. ensure appropriate rest breaks are taken between long periods of isolated work.

14. All workers have a responsibility to:

14.1. consult with commanders/managers and supervisors in relation to developing appropriate measures to control any risk associated with remote or isolated work;

14.2. ensure regular contact and communication is maintained with their commander/manager/supervisor;

14.3. maintain movement records if traveling in or between remote areas;

14.4. ensure they receive adequate training, especially if they are working in isolation with specialist equipment;

14.5. participate in, and contribute to, any risk assessment in relation to remote or isolated work;

14.6. report any hazards and/or incidents as a result of working alone;

14.7. comply with all instructions provided, including the information in this policy and guidance;

14.8. participate in the development of standard operating procedures, emergency procedures and contact arrangements; and

14.9. ensure that work is undertaken in compliance with approved standard operating procedures.

Monitoring and communication

15. Communication plans need to be tailored to each particular remote or isolated work situation ensuring a safe working environment is provided for the worker.

16. When developing the communication strategy the following considerations should be included:

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16.1. recording name and contact details in an after-hours log book held in a guard security office;

16.2. informing the relevant supervisor of work location and estimated time of return;

16.3. regular checks by other workers or security staff;

16.4. call-in system where the onus is placed on the worker to call a reception area or base at regular intervals;

16.5. personal alarm system which signals a base if a person falls or does not move for a period;

16.6. provision of a mobile phone or mobile radio; and

16.7. provision of a satellite phone or emergency position indicating radio beacon.

17. Systems for communication and equipment used must be checked and maintained to ensure reliability and effectiveness should an emergency occur.

Authorisation and approval

18. After completing a risk assessment and before starting work remotely or in isolation, the worker must seek approval from their approving authority, direct manager or supervisor. A Remote or Isolated Work Authorisation Form can be accessed via the Defence Work Health and Safety home page.

19. The approving authority, manager or supervisor must determine that the worker undertaking work in isolation is able to safely perform the work, with the assessment documented on the authorisation.

20. Workers must have completed induction training, including emergency evacuation and other necessary emergency procedures if required, before approval is given for working remotely or in isolation.

Home based work

21. Defence is committed to the use of home based work as an employment option. It may be approved in cases where acceptable safety and other workplace provisions meet agreed standards. Workers have a responsibility to carry out instructions and use equipment in a safe manner and not do anything that will increase their risk of accident or injury.

22. The provisions of the Work Health and Safety Act 2011 and Work Health and Safety Regulations 2011 also apply in the case of home based work. Commanders, managers and supervisors need to ensure that legislative obligations are fulfilled and that workers work safely.

ADF members

23. For ADF members wishing to undertake home based work or alternative location work, the Military Personnel Policy Manual (MILPERSMAN), Part 7, Chapter 6 – Flexible Work Arrangements for Members of the Australian Defence Force and web form AE406 - ADF Application for Flexible Work offer guidance.

APS employees

24. The APS People Policy and Policy Guidance – Telework contains guidelines for APS employees on how to design, apply for and conduct home based work.

Remote or Isolated Work Policy and Guidance

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25. A work health and safety assessment of the home based site will need to be conducted prior to any agreement for home based work. A Work from Home Self-Assessment Checklist can be accessed via the Defence Work Health and Safety home page.

26. Where the work health and safety assessment is to be conducted by an external provider, Groups and Services are responsible for arranging and paying for the assessment using the simple procurement process.

Remote or isolated work outdoors

27. Where remote or isolated work also involves working outdoors, the following will need to be considered:

27.1. additional policies and procedures relevant to the type of work being conducted;

27.2. access to shelter to protect workers from adverse weather conditions and to accommodate breaks; and

27.3. protection against solar ultraviolet exposure which may include:

27.3.1. re-organising outdoor work so that workers carry out alternative tasks or work in shade when the sun is most intense - between 1000 hours and 1400 hours (1100 hours and 1500 hours in daylight saving); and

27.3.2. providing personal protective clothing, ie wide brim hat, long-sleeved collared shirt, long pants, sunglasses and sunscreen.

References and related documents

28. Work Health and Safety Act 2011

29. Work Health and Safety Regulations 2011

30. Code of Practice - Managing the Work Environment and Facilities

31. Code of Practice - First Aid in the Workplace

32. Comcare’s Guide to Remote or Isolated Work

33. Defence Work Health and Safety home page

34. Web Form AE 406 - ADF Application for Flexible Work

35. Web Form AD 167 - Application for Home-based Work (APS)

Annex

A Work Health and Safety Regulations 2011, Regulation 48 – Remote or Isolated Work

Remote or Isolated Work Policy and Guidance

Date of release: September 2017 Current as at: September 2017 5

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Annex A

Work Health and Safety Regulations 2011

Regulation 48 – Remote or Isolated Work

(1) A person conducting a business or undertaking must manage risks to the health and safety of a worker associated with remote or isolated work, in accordance with Part 3.1.

Note: WHS Act—section 19 (see regulation 9).

(2) In minimising risks to the health and safety of a worker associated with remote or isolated work, a person conducting a business or undertaking must provide a system of work that includes effective communication with the worker.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) In this regulation:

assistance includes rescue, medical assistance and the attendance of emergency service workers.

remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

SLIPS, TRIPS AND FALLS POLICY AND GUIDANCE

Policy statement

1. Defence will eliminate or minimise so far as reasonably practicable the risks of slips, trips and falls in the workplace by identifying hazards and applying safety risk management processes.

Scope

2. This policy applies to all Defence workers, including ADF members, APS employees, ADF cadets, contractors and other persons.

3. The application of this policy to contractors and sub-contractors is dependent on the degree of control and influence that Defence has over the undertaking and will be defined within the relevant contractual arrangements.

Policy – core elements

4. This policy includes falls at level and falls from one level to another.

5. Any work which involves the risk of a fall must be carried out on the ground or on a solid construction.

6. Hazard management including identification, assessment, control and control review must, as a minimum, consider the information contained in relevant publications identified in this Policy.

Roles and responsibilities

7. Groups and Services, responsible for sourcing and sustaining Defence materiel, are required to comply with Work Health and Safety Regulations, Chapter 4, Part 4.4 - Falls (Annex A) and SafetyMan - Slips, Trips and Falls Policy and Guidance where applicable to their activities as designers, manufacturers, importers and suppliers.

8. Group Heads and Service Chiefs as officers of the Person Conducting a Business or Undertaking are responsible for allocating sufficient resources to effectively manage slips, trips and fall related risks.

9. Commanders/managers and supervisors must take all practicable steps to reduce the likelihood of slips, trips and falls of workers. They have a responsibility to:

9.1. understand how slips, trips and falls affect their workers and the risks involved in the work being performed;

9.2. consult with workers to identify, assess and control the slip, trip and fall hazards and risks;

9.3. ensure the appropriate risk management is conducted for slips, trips and falls for all activities;

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9.4. provide all workers with appropriate information, education, training, instruction and supervision on slips, trips and falls;

9.5. implement improvements to reduce slips, trips and fall related risks; and

9.6. report and record slips, trips and falls into Sentinel and review for continuous improvement.

10. All workers have a responsibility to:

10.1. take all reasonably practical steps to safeguard their own health and safety and the safety of others in the workplace in relation to slips, trips and falls;

10.2. understand and follow established safe work practices and procedures, participate in appropriate training and hazard identification, and control risks arising from slips, trips and fall hazards in accordance with guidance;

10.3. advise supervisors of any possible slips, trips and fall risks that could increase exposure to injury or illness;

10.4. monitor themselves and their fellow workers, and take action when they observe elevated risks to themselves; and

10.5. report events of injury or illness in Sentinel.

References and related documents

11. Work Health and Safety Act 2011

12. Work Health and Safety Regulations 2011

13. SafetyMan – Work Health and Safety Risk Management Policy

14. Code of Practice – Managing the Risk of Falls at Workplaces

15. Code of Practice - Preventing Falls in Housing Construction

16. Australian Standards

16.1. AS 1353.2 - 1997 Flat Synthetic- Webbing Slings part 2: Care and Use

16.2. AS/NZS 1418.10:2011 Cranes, Hoists and Winches Part 10: Mobile Elevating Work Platforms

16.3. AS 1418.13 Cranes (including Hoists and Winches) – Building Maintenance Units

16.4. AS/NZS 1576 Scaffolding Series

16.5. AS 1577: 1993 – Scaffold Planks

16.6. AS/NZS 1657 Fixed Platforms, Walkways, Stairways and Ladders—Design, Construction and Installation

16.7. AS 1666:2009 series – Wire Rope Slings

16.8. AS/NZS 1891.1 Industrial Fall-Arrest Systems and Devices—Harnesses and Ancillary Equipment

16.9. AS/NZS 1891.2 supp:1-2001 Industrial Fall-Arrest Systems and Devices—Horizontal Lifeline and Rail Systems—Prescribed Configurations for Horizontal Lifelines (Supplement to AS/NZS 1891.2:2001)

16.10. AS/NZS 1891.3 Industrial Fall-Arrest Systems and Devices—Fall-Arrest Devices

16.11. AS/NZS 1891.4:2009 – Industrial Fall-Arrest Systems and Devices – Selection, Use and Maintenance

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16.12. AS/NZS 1892.1/2/3 – Portable Ladders – Metal, Timber, Plastic

16.13. AS/NZS 1892.5:2000 Portable Ladders. Part 5: Selection, Safe Use and Care

16.14. AS 2317: 1998 – Collared Eye Bolts

16.15. AS 2550 Series – Cranes, Hoists and Winches

16.16. AS/NZS 3931: 1998 – Risk Analysis of Technological Systems – Application Guide

16.17. AS 4142 series – Working and Safety Ropes

16.18. AS/NZS 4142.3 Fibre Ropes—Man-made Fibre Rope for Static Life Rescue Lines

16.19. AS/NZS 4389 Safety Mesh

16.20. AS/NZS 4488: 1997 – Industrial Rope Access Systems

16.21. AS/NZS 4488.2 Industrial Rope Access Systems—Selection, Use and Maintenance

16.22. AS 4576: 1995 – Guidelines for Scaffolding

16.23. AS 2550.16 Cranes—Safe Use—Mast Climbing Work Platforms

16.24. AS/NZS 4994 Temporary Edge Protection Series

Annex

A. Work Health and Safety Regulations 2011, Chapter 4, Part 4.4 - Falls

Slips, Trips and Falls Policy and Guidance

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Annex A

Work Health and Safety Regulations 2011

Chapter 4, Part 4.4 - Falls

78 Management of risk of fall

(1) A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with a fall by a person from one level to another that is reasonably likely to cause injury to the person or any other person.

Note: WHS Act—section 19 (see regulation 9).

(2) Subregulation (1) includes the risk of a fall:

(a) in or on an elevated workplace from which a person could fall; or

(b) in the vicinity of an opening through which a person could fall; or

(c) in the vicinity of an edge over which a person could fall; or

(d) on a surface through which a person could fall; or

(e) in any other place from which a person could fall.

(3) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that any work that involves the risk of a fall to which subregulation (1) applies is carried out on the ground or on a solid construction.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(4) A person conducting a business or undertaking must provide safe means of access to and exit from:

(a) the workplace; and

(b) any area within the workplace referred to in subregulation (2).

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(5) In this regulation, solid construction means an area that has:

(a) a surface that is structurally capable of supporting all persons and things that may be located or placed on it; and

(b) barriers around its perimeter and any openings to prevent a fall; and

(c) an even and readily negotiable surface and gradient; and

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(d) a safe means of entry and exit.

79 Specific requirements to minimise risk of fall

(1) This regulation applies if it is not reasonably practicable for the person conducting a business or undertaking at a workplace to eliminate the risk of a fall to which regulation 78 applies.

(2) The person must minimise the risk of a fall by providing adequate protection against the risk in accordance with this regulation.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including by:

(a) providing a fall prevention device if it is reasonably practicable to do so; or

(b) if it is not reasonably practicable to provide a fall prevention device, providing a work positioning system; or

(c) if it is not reasonably practicable to comply with either paragraph (a) or (b), providing a fall arrest system, so far as is reasonably practicable.

Examples: A safe system of work could include:

1 Providing temporary work platforms.

2 Providing training in relation to the risks involved in working at the workplace.

3 Providing safe work procedures, safe sequencing of work, safe use of ladders, permit systems and appropriate signs.

Note: A combination of the controls set out in this subregulation may be used to minimise risks so far as is practicable if a single control is not sufficient for the purpose.

(4) This regulation does not apply in relation to the following work:

(a) the performance of stunt work;

(b) the performance of acrobatics;

(c) a theatrical performance;

(d) a sporting or athletic activity;

(e) horse riding.

Note: Regulation 36 applies to the management of risk in relation to this work.

(5) In this regulation, fall prevention device includes:

(a) a secure fence; and

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(b) edge protection; and

(c) working platforms; and

(d) covers.

Note: See subregulation 5(1) for definitions of fall arrest system and work positioning system.

80 Emergency and rescue procedures

1) This regulation applies if a person conducting a business or undertaking provides a fall arrest system as a control measure.

(2) Without limiting regulation 79, the person must establish emergency procedures, including rescue procedures, in relation to the use of the fall arrest system.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(3) The person must ensure that the emergency procedures are tested so that they are effective.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(4) The person must provide relevant workers with suitable and adequate information, training and instruction in relation to the emergency procedures.

Penalty:

(a) In the case of an individual—$6 000.

(b) In the case of a body corporate—$30 000.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

(5) In this regulation, relevant worker means:

(a) a worker who, in carrying out work in the business or undertaking, uses or is to use a fall arrest system; and

(b) a worker who may be involved in initiating or implementing the emergency procedures.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

WELDING AND ALLIED PROCESSES POLICY AND GUIDANCE

Policy statement

1. Defence workers will follow the work health and safety risk management process when planning or undertaking welding and allied processes within Defence work environments.

Scope

2. This policy applies to all Defence workers, including ADF members, APS employees, ADF cadets, contractors and other persons.

3. The application of this policy to contractors and sub-contractors is dependent on the degree of control and influence that Defence has over the undertaking and will be defined within the relevant contractual arrangements.

Policy – core elements

4. This policy applies to all Defence workplaces where:

4.1. welding equipment is used in a workplace; and/or

4.2. welding and allied process work is conducted in a workplace.

5. This policy does not cover the use and maintenance of portable plant such as a hand held grinder used in surface preparations which are detailed in SafetyMan – Management of Plant Policy.

6. Welding is the process of permanently joining two or more materials together, usually metals, by heat or pressure or both. There are many different types of allied processes including metal preparation, metal cutting, gouging, brazing and soldering. Welding and allied processes involve similar hazards and in some cases the same risk control measures can be implemented.

7. A risk assessment must be undertaken when planning or undertaking welding and/or allied process activities in accordance with SafetyMan – Work Health and Safety Risk Management Policy.

8. External/environmental and personal risk factors are to be considered in the assessment of welding and allied process related risks.

Roles and responsibilities

9. Group Heads and Service Chiefs (as officers of the Person Conducting a Business or Undertaking) are responsible for allocating sufficient resources to effectively manage welding and allied process related risks. Additionally:

9.1. ensure that welding and allied process work is carried out in accordance with the Work Health and Safety Regulations 2011 and Code of Practice: Welding Processes;

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9.2. ensure that for all welding and allied process work conducted in a workplace, the risks to workers health and safety are eliminated or minimised so far as is reasonably practicable;

9.3. communicate and consult with managers or supervisors in relation to safe management where welding and allied process work is being undertaken; and

9.4. provide and make available emergency and safety equipment such as personal protective equipment or suitable heat extraction.

10. Commanders/supervisors and managers must take all practicable steps to protect the health and safety of workers. They have a responsibility to:

10.1. understand how welding and allied process hazards affect their workers and the work being performed;

10.2. consult with workers to identify, assess and control welding and allied process hazards and risks;

10.3. ensure appropriate risk management is conducted for all activities and refer to SafetyMan for more specific requirements to manage the risks of hazardous chemicals, plant, noise, heat, manual tasks and other hazards when associated with welding and allied processes (as provided in the guidance below);

10.4. provide all workers with appropriate information, education, training, instruction and supervision;

10.5. implement improvements to reduce welding and allied process related risks, so far as is reasonably practicable;

10.6. ensure that any electrical risk associated with the supply of electricity to welding equipment through a socket outlet is minimised by the use of an appropriate residual current device (refer to SafetyMan - Electrical Safety Policy and Guidance); and

10.7. provide, maintain and ensure workers use personal protective equipment correctly.

11. All workers have a responsibility to:

11.1. take all reasonably practicable steps to safeguard their own health and safety and the safety of others in the workplace;

11.2. understand and follow established safe work practices and procedures, participate in appropriate training and hazard identification, and control risks arising from welding and allied process hazards in accordance with guidance;

11.3. advise supervisors of any perceived risk that could increase exposure to injury or illness;

11.4. use personal protective equipment in accordance with the information, instruction and training provided. For further information refer to SafetyMan – Personal Protective Equipment Policy;

11.5. monitor themselves and their fellow workers and take action when they observe elevated risks to themselves or others; and

11.6. report events that caused, or could have caused, injury or illness.

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Guidance

12. As detailed within the Code of Practice: Welding Processes a risk assessment of welding and allied processes should consider the following:

12.1. airborne contaminants;

12.2. radiation hazards;

12.3. electrical risks;

12.4. electro-magnetic fields;

12.5. fire and explosion;

12.6. burns and heat exposure;

12.7. compressed and liquefied gases;

12.8. noise;

12.9. lead;

12.10. confined spaces;

12.11. falls;

12.12. manual tasks;

12.13. ventilation;

12.14. personal protective equipment;

12.15. maintenance of equipment; and

12.16. health monitoring.

References and related documents

13. Work Health and Safety Act 2011

14. Work Health and Safety Regulations 2011

15. Code of Practice: Welding Processes

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017

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WORK HEALTH AND SAFETY RISK MANAGEMENT POLICY

Policy statement

1. This policy establishes the process for the management of work health and safety risks in Defence. The aim of risk management is to maximise opportunities in all Defence activities and to eliminate or minimise risks to the health and safety of Defence workers.

Scope

2. This policy applies to all Defence workers including ADF members, APS employees, ADF cadets, contractors and other persons.

3. The application of this policy to contractors and sub-contractors is dependent on the degree of control and influence that Defence has over the undertaking and must be defined within the relevant contractual arrangements.

Policy – core elements

4. Defence has a primary duty under the Work Health and Safety Act 2011, Section 19 – Primary duty of care (Annex A) to ensure the health and safety of workers and other persons in the workplace. A duty to ensure health and safety requires Defence to manage risks:

4.1. by eliminating health and safety risks so far as is reasonably practicable; and

4.2. if it is not reasonably practicable to eliminate the risks, by minimising those risks so far as is reasonably practicable.

5. Effective risk management involves:

5.1. commitment to health and safety from Defence Senior Leadership;

5.2. the involvement and cooperation of all Defence workers; and

5.3. the identification of reasonably foreseeable hazards that could give rise to risks to health and safety.

Policy implementation

6. Work health and safety risk management is an integral part of the strategic, operational and line management planning processes.

7. Managing work health and safety risks is an ongoing process that is triggered when changes affect Defence’s activities and operations such as:

7.1. changes in work practices, procedures or the work environment;

7.2. the introduction of new platforms, plant, equipment, substances or infrastructure;

7.3. planning to implement organisational changes;

7.4. new information about workplace risks becomes available;

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7.5. responding to work health and safety events/incidents or trends;

7.6. where the design or operating intent for a major system/capability has changed;

7.7. where the operational context has changed; and

7.8. as specified by Work Health and Safety Regulations 2011 (eg noise, hazardous manual tasks, confined spaces, falls, high risk work, electrical safety, diving work, plant, hazardous chemicals, lead, asbestos and major hazardous facilities).

Roles and responsibilities

8. Group Heads and Service Chiefs (as officers of the Person Conducting a Business or Undertaking) are responsible for:

8.1. exercising due diligence to ensure that Defence complies with the Work Health and Safety Act 2011 and Work Health and Safety Regulations 2011;

8.2. taking reasonable steps to gain an understanding of the hazards and risks associated with the activities of Defence;

8.3. ensuring that appropriate resources and processes are available to eliminate or minimise risks to health and safety so far as is reasonably practicable; and

8.4. communicating significant work health and safety risks to the Secretary of Defence and the Chief of the Defence Force. Significant work health and safety risks are a subset of enterprise risks being managed in the Defence context as follows:

8.4.1. they are determined by the Group Head/Service Chief to require Defence-wide scrutiny/monitoring; or

8.4.2. have significant Defence-wide or multi Group/Service implications.

9. Managers and supervisors are responsible for:

9.1. understanding and complying with work health and safety risk management policy and procedures;

9.2. ensuring, so far as is reasonably practicable, that workers are not put at risk from the work carried out by Defence;

9.3. implementing risk management systems for all functions and activities of Defence;

9.4. consulting with workers in a collaborative way to ensure they are involved in hazard identification and implementation of risk controls;

9.5. ensuring sufficient information is communicated to workers about the hazards, risks and risk controls relevant to the workplace, activity or undertaking; and

9.6. ensuring senior leaders are made aware of issues or concerns on safety, especially where managers/supervisors or their workers identify hazards or flaws in any operational procedures.

10. All workers are responsible for:

10.1. complying with work health and safety risk management policy and procedures;

10.2. contributing to the establishment and implementation of risk management systems;

10.3. actively participating in hazard identification in the workplace and controlling risks arising from those hazards by:

10.3.1. informing their chain of command or line management or risk control owners of any actual or potential control failures or improvements;

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10.3.2. informing supervisors of any perceived risk that could increase exposure to injury or illness;

10.3.3. taking reasonable care for their own health and safety and their fellow workers, and take action when they observe elevated or uncontrolled risks to themselves or others; and

10.3.4. reporting all work health and safety events.

References and related documents

11. Work Health and Safety Act 2011

12. Work Health and Safety Regulations 2011

13. Code of Practice - How to Manage Work Health and Safety Risks

14. SafetyMan – Work Health and Safety Roles, Responsibilities and Accountabilities Policy

15. SafetyMan – Work Health and Safety Risk Management Procedures

16. Safe Work Australia Interpretive Guidelines - Model Work Health and Safety Act:

16.1. The meaning of ‘person conducting a business or undertaking’

16.2. The meaning of ‘reasonably practicable’

Annex

A. Work Health and Safety Act 2011, Section 19 - Primary duty of care

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Annex A

Work Health and Safety Act 2011

Section 19 - Primary duty of care

(1) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of:

(a) workers engaged, or caused to be engaged by the person, and

(b) workers whose activities in carrying out work are influenced or directed by the person, while the workers are at work in the business or undertaking.

(2) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.

(3) Without limiting subsections (1) and (2), a person conducting a business or undertaking must ensure, so far as is reasonably practicable:

(a) the provision and maintenance of a work environment without risks to health and safety, and

(b) the provision and maintenance of safe plant and structures, and

(c) the provision and maintenance of safe systems of work, and

(d) the safe use, handling, and storage of plant, structures and substances, and

(e) the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities, and

(f) the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking, and

(g) that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking.

(4) If:

(a) a worker occupies accommodation that is owned by or under the management or control of the person conducting the business or undertaking, and

(b) the occupancy is necessary for the purposes of the worker’s engagement because other accommodation is not reasonably available,

the person conducting the business or undertaking must, so far as is reasonably practicable, maintain the premises so that the worker occupying the premises is not exposed to risks to health and safety.

(5) A self-employed person must ensure, so far as is reasonably practicable, his or her own health and safety while at work.

Note: A self-employed person is also a person conducting a business or undertaking for the purposes of this section.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017

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WORK HEALTH AND SAFETY RISK MANAGEMENT PROCEDURE 01 – DEFENCE WORK HEALTH AND SAFETY RISK MANAGEMENT PROCESS

1. This procedure relates to SafetyMan – Work Health and Safety Risk Management Policy and provides guidance on the application of the Defence Work Health and Safety Risk Management Process.

2. It is essential that the process for identifying, analysing, evaluating and treating work health and safety risks is rigorous, structured and auditable.

Risk management – so far as is reasonably practicable

3. So far as is reasonably practicable is a requirement of the work health and safety legislation. It requires each work health and safety risk to be weighed against the resources needed to eliminate or minimise the risk. It does not require every possible measure to be implemented, but places the onus on individuals or the organisation to demonstrate (or be in a position to demonstrate) that the cost of additional measures to control the risk (over and above those controls already in place) would be grossly disproportionate to the benefit of the risk reduction associated with the implementation of the additional risk control.

4. In determining what is reasonably practicable, relevant matters must be considered consistent with Work Health and Safety Act 2011, Part 2, Division 1, Subdivision 2 - What is reasonably practicable (Annex A). In relation to a duty to ensure health and safety, reasonably practicable means that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including:

4.1. the likelihood of the hazard or the risk concerned occurring;

4.2. the consequence, or degree of harm, that would result if the risk eventuated;

4.3. what was known or ought reasonably to be known (reasonable knowledge), about:

4.3.1. the hazard or the risk; and

4.3.2. any ways to eliminate or minimise the risk;

4.4. the availability and suitability of ways, such as risk treatment(s), control measure(s) to eliminate or minimise the risk including application of the hierarchy of control measures; and

4.5. after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost (in terms of time, money, effort, capability, reputation and morale) associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

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Defence Work Health and Safety Risk Management Process

5. The Defence Work Health and Safety Risk Management Process (Figure 1) provides a systematic process for establishing the context, risk identification, analysing, evaluating, treating, monitoring and reviewing risk. Through application of the process the so far as is reasonably practicable judgement is also considered and applied.

Figure 1: Defence Work Health and Safety Risk Management Process

Establishing the context

6. The context establishes boundaries and requirements for the work health and safety risk management process to follow and provides the framework for judging whether risks have been eliminated or minimised so far as is reasonably practicable in the circumstance. Circumstances can vary widely in Defence and work health and safety risk related decisions need to be deliberately considered on a case-by case basis.

Documenting the context

7. The context includes all of the circumstances relevant to the assessment of risk starting with a description of the task/activity being conducted, as well as the objectives and

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significance. Include the frequency and expected time duration for the activity. Consider and document where applicable:

7.1. people involved and factors that could impact their effectiveness such as physical limitations, health, training, competency, fatigue, stress, team structure and communication challenges;

7.2. environmental factors such as physical location (inside/outside), main operating base, forward operating base, geography, expected weather conditions, day/night and any organisational pressures;

7.3. actions to be performed including any sequence of activities and requirements for supervision, inspection and certification; and

7.4. resources necessary to complete the task including orders, instructions, publications, procedures, doctrine, consumables, support equipment and personal protective equipment.

8. The context also includes stakeholders and personnel that the risk needs to be communicated to, inside and potentially outside Defence.

9. For risk assessments involving major systems, the internal context may also include the applicable phase and organisations involved in the Defence Capability Life Cycle, ie needs, requirements, acquisition, sustainment and disposal.

10. The internal context may also vary between a Raise, Train, Sustain scenario or force assignment to operations controlled by Chief of Joint Operations as declared in an operation order.

11. For inherently hazardous activities, Group Heads and Service Chiefs may implement specific safety programs that amplify the overarching intent of the work health and safety legislation, including pro-active hazard identification and safety risk management.

Risk identification

12. This step involves identification of the hazards, things and situations that have potential to cause harm to people. Hazards generally arise from the following aspects of work and their interaction:

12.1. physical work environment;

12.2. equipment, materials and substances used;

12.3. work tasks and how they are performed; and

12.4. work design and management.

13. Some risks may be due to work processes involving hazards, such as mechanical hazards, noise or chemical properties of substances. Other risks result from equipment or machine failures and misuse, chemical spills and structural failures. An item of plant, a structure, a substance or a work process may have many different hazards, each of which need to be identified, eg a maintenance facility may have dangerous moving parts, noise, hazards associated with manual tasks and psychological hazards due to the pace of work. Refer to SafetyMan – Work Health and Safety Risk Management Procedure 02 – Risk Identification - Hazards Types for a summary of hazard types and the potential harm to workers that may be found in Defence workplaces.

14. The risk assessment should seek answers to the following questions:

14.1. what are the hazards that arise in the established context?

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14.1.1. risks are circumstances that involve hazards and may give rise to accident, injury or illness. The fundamental test for whether something is a hazard is that if it is eliminated there is no risk. For example:

14.1.1.1. if the context is conducting maintenance on the top of a tall structure, one of the identifiable hazards will be gravity; or

14.1.1.2. if the context is working around gas turbine engines, the hazards will include noise, temperature (heat) and chemical.

14.2. what are the risks to health and safety that those hazards give rise to? For example:

14.2.1. if the hazard is gravity, the risk arising from working at heights may be a worker falling, or tools being dropped; or

14.2.2. if the hazard is chemical, the risk arising from a maintenance activity using hazardous chemicals may be an exposure resulting in acute or chronic injury or illness.

14.2.3. are any of those risks, risks that the Work Health and Safety Act 2011 or the Work Health and Safety Regulations 2011 specifically address? If so, identify the relevant parts of the Act and Regulations that will apply to the treatment of the risk.

15. There may be benefit in breaking down a complex task/activity systematically into a number of sub-tasks that identify specific hazards and risks using tools such as job safety analysis.

16. During acquisition of major systems (eg aircraft, vehicle and ships), the Safety Case Report (or equivalent) should provide evidence that reasonably foreseeable workplace hazards and risks have been identified. The agency responsible for acquisition should also identify any residual work scope and associated funding to undertake verification activities of the effectiveness of controls after the introduction of the major system, eg noise surveys.

Risk analysis

17. Analyse the risk(s) by assessing the degree of harm that could arise and estimate the likelihood of the risk eventuating. This may require an assessment of various factors including the integrity of current control measures and the skills and training of personnel involved in the activity giving rise to the risk. The risk assessment should seek answers to the following questions:

17.1. what is the likelihood of the risk eventuating? This will require an assessment of various factors, including:

17.1.1. the integrity of current risk control measures (if any) that have been implemented to control the risk; and

17.1.2. the skills and training of the personnel involved in the activity giving rise to the risks.

17.2. what is the degree of harm that could arise from the risk? This will require an assessment of various factors. For example, including:

17.2.1. if the risk is associated with falls, the harm may include serious injury, or death; or

17.2.2. if the risk is associated with hazardous chemical inhalation, the harm could include acute injury (eg dermatitis or burns), chronic injury (eg damage to respiratory function, cancer or death.

18. On the basis of the analysis of the risk (that is the likelihood and the degree of harm), rank the risk by urgency to address the risk. Consider the following factors:

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18.1. how imminent is the risk (likelihood);

18.2. how essential is the activity to which the risk attaches; and

18.3. how serious is the risk (degree of harm)?

19. Risks may be prioritised according to how serious they are in terms of degree of harm and likelihood. As subjective estimates of likelihood are prone to errors, more emphasis should be placed on consequence.

Risk evaluation and treatment

20. Identified risks should be evaluated and treated according to the pre-established risk criteria. For risks to health and safety, the risk criterion is that risks are eliminated/minimised so far as is reasonably practicable.

21. During risk evaluation and treatment, the risk assessment should:

21.1. firstly, attempt to identify all risk elimination measures (not just those that are considered practicable). As an alternative to cancelling or suspending a task/activity, the hierarchy of control measures may also be applied, such as substitution or engineering controls may provide effective risk elimination; and

21.2. if it is not reasonably practicable to eliminate the risk, then identify all risk minimisation measures (not just those that are considered practicable).

22. Work Health and Safety Regulations 2011, Regulation 36 - Hierarchy of control measures (Annex B) must be applied to all risks, not just the specific risks identified in the Work Health and Safety Regulations 2011.

Identifying possible risk control measures

23. The ways of controlling risks are ranked from the highest level of protection and reliability to the lowest as shown in SafetyMan – Work Health and Safety Risk Management Procedure 03 - Hierarchy of Controls. The Work Health and Safety Regulations 2011 require duty holders to work through this hierarchy when managing risk. The risk assessment must minimise risks so far as is reasonably practicable by doing one or more of the following:

23.1. substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk, like substituting a hazardous chemical containing a toxic ingredient with a less harmful substitute;

23.2. isolating the hazard from any person exposed to it by physically separating the source of harm from people by using distance or barriers; this may include but is not limited to:

23.2.1. installing guard rails around exposed edges and holes in floors;

23.2.2. using remote control systems to operate machinery; and

23.2.3. using remote control cameras for taking imagery of explosive devices under test.

23.3. implementing engineering controls. These are normally physical in nature, including a mechanical device or process. For example:

23.3.1. using mechanical devices such as trolleys or hoists to move heavy loads;

23.3.2. placing guards around moving parts of machinery; and

23.3.3. installing residual current devices (electrical safety switches).

24. If a health and safety risk then remains, administrative controls can then be considered. This could include development of safe work procedures with appropriate

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notes/cautions/warnings; improvement of existing orders, instructions, procedures, doctrine, signage or training.

25. If a health and safety risk then remains, personal protective equipment can be considered to minimise the residual risk so far as is reasonably practicable in conjunction with the use of higher level controls.

Availability and suitability of controls

26. The so far as is reasonably practicable process requires an assessment of the availability and suitability of control measures, from the most effective to the least effective. A control measure is considered available if it is provided on the open market, or if it is possible to manufacture it.

27. A control measure is considered suitable if it is effective, practical to implement, and does not introduce new and higher risks in the circumstances.

28. Some control measures may lower the likelihood of harm; others may lower the degree of harm (consequence) that may result, and some may lower both. The effectiveness of controls varies significantly according to the sliding scale from elimination (the most effective) to personal protective equipment (the least effective); hence, a combination of control measures should be considered to achieve the best outcome.

29. For higher severity consequences, control solutions should avoid reliance on administrative controls and personal protective equipment. Numerous factors may impact the practicality of implementing possible controls, including:

29.1. workplace/cockpit/cabin layout;

29.2. skills of operators/maintainers; and

29.3. work processes.

30. If a control measure does introduce new risks, then these must be analysed and weighed up against the benefit in terms of risk reduction.

Reasonable knowledge

31. The risk assessment process must gather sufficient knowledge about the hazards, risks and controls to inform the so far as is reasonably practicable judgment and the decision to proceed. When assessing the availability and suitability of controls, knowledge about the hazard and control options can be gained from:

31.1. Regulations and approved Codes of Practice that apply to specific risks such as risks associated with noise, confined spaces, working at height, hazardous chemicals and working at heights (risks associated with falls);

31.2. reputable standards such as Australian Standards, industry standards/publications, airworthiness design standards;

31.3. original equipment manufacturers;

31.4. Safety Case Reports (or equivalent) and approved orders, instructions, publications, procedures and doctrine;

31.5. training and experience with the Defence activity or materiel in question;

31.6. considering controls that other units/operators apply to manage similar hazards and risks;

31.7. analysing previous safety incidents, investigations and their recommendations; and

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31.8. consultation with upstream/shared duty-holders including Capability and Sustainment Group, Estate and Infrastructure Group, industry and the affected Groups and Services.

Cost of risk control measures

32. Importantly, cost is considered last so as not to influence evaluation of all available and suitable risk control measures. Cost will not be the key factor in determining what is reasonable for a duty holder to do unless it can be shown to be grossly disproportionate to the risk. There is a clear presumption in favour of safety over cost.

33. Consultation with other duty-holders may be required to confirm the cost of implementing particular controls. The intent is to apply more effort to fund controls to reduce risks with higher likelihood and higher consequence severity. Cost factors may include the following:

33.1. initial procurement costs, installation, maintenance and operation of the control measure; and

33.2. any impact on productivity/capability as a result of the introduction of the control measure.

34. It is difficult to prescribe an algorithm for determining when the degree of disproportion can be judged as gross; the judgment should be made on a case-by-case basis. In most cases it should be possible to compare outcomes with precedents set by other operators with similar circumstances.

35. Where it is possible, risk should be managed through the application of controls that meet reputable standards. The working assumption is that the appropriate balance between costs and risks was struck when the reputable standard was formally adopted and then kept up to date.

36. Capacity to pay is not relevant. A lack of current funding is not an excuse for avoiding reasonably practicable controls that are suitable and available. A duty-holder cannot expose people to a lower level of protection simply because it is in a lesser financial position than another duty-holder. An example would be where a number of operating units manage the risk of fall during the maintenance of equipment in a facility using work platforms, the same control would be expected to be provided with any similar/same equipment delivered to another unit. An appropriate business case that articulates safety-related risk should support funding requests through the chain of command/management. If it is not possible to implement a control in accordance with a reputable standard, then an organisation may need to consider risk elimination by not conducting the task/activity.

37. For complex and/or costly scenarios, a formal/documented analysis of costs and risk reduction may be required to help judge the benefits of each option and the costs involved. These analyses may be of varying complexity and might include a cost benefit analysis. The cost benefit analysis aims to express all relevant costs and benefits in a common currency, usually money, which becomes challenging when the benefit involves prevention of death, personal injury, pain, grief and suffering.

38. When a control provides the benefit of preventing fatalities, injury or disease, average monetary values for these benefits may be available in cost injury reports such as those produced by Safe Work Australia. It should be noted that these values are very general in nature and may not be the actual value that society, or the courts, might put on the life or injury to a real person or the compensation appropriate to its loss. Nevertheless, such reports form a reasonable baseline from which to analyse control costs versus benefits, provided that appropriate judgment is applied.

Procedure 01 – Defence Work Health and Safety Risk Management Process

Date of release: July 2017 Current as at: July 2017 8

So far as is reasonably practicable argument

39. To determine what is reasonably practicable, the risk assessment should document so far as is reasonably practicable argument that addresses the following relevant matters:

39.1. the likelihood of the risk occurring;

39.2. the degree of harm if the risk did occur;

39.3. suitability of control measures - to what extent the risk elimination/minimisation measures are suitable;

39.4. availability of control measures - to what extent the risk elimination/minimisation measures identified are available;

39.5. specific risks - if the risks are specifically addressed in the Work Health and Safety Regulations 2011, then consider matters prescribed in the Regulations;

39.6. what is known about the risks;

39.7. what is known about the ways of eliminating/minimising the risk;

39.8. risk control strategy - what is the strategy for maintenance and review of controls? This should include activities that are both:

39.8.1. event-based, such as in response to a local safety incident or a service bulletin from an original equipment manufacturer/other operator; and

39.8.2. time-based, including scheduled reviews of incident report trends, risk registers, work place inspections, maintenance outcomes and audits.

39.9. is a risk control plan required to ensure future implementation of control measures; and

39.10. only after the above matters have been considered, what is the cost of implementing the available ways of eliminating/minimising the risks, including whether the cost is grossly disproportionate to the risk itself.

40. The relevant matters for documenting a so far as is reasonably practicable argument are summarised in the Figure 2.

Assess likelihood and degree of harm.

Identify ALL risk elimination measures.

Identify ALL risk minimisation measures.

Are control measures suitable and available?

Focus on the effectiveness of controls applying the hierarchy of control measures.

Is the cost of implementing control measures (in terms of time, money, effort, capability, reputation and morale) grossly disproportionate to the benefit in terms of risk reduction?

Figure 2: Relevant matters for the SFARP argument and judgment

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Procedure 01 – Defence Work Health and Safety Risk Management Process

Date of release: July 2017 Current as at: July 2017 9

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41. Weigh up all relevant matters and make a judgment in response to the question, Are the risk elimination/minimisation measures reasonably practicable to implement? There are three possible outcomes as follows:

41.1. Yes - the cost to implement new controls is not grossly disproportionate to the benefit. The control measure is reasonably practicable and should be implemented. Implement, review and maintain the control measure. Proceed to residual risk management, noting that the residual risk level is based on the control measure actually being implemented;

41.2. No - the cost to implement new controls is grossly disproportionate to the benefit in the circumstances. Before proceeding further, question whether all available controls have been identified? If yes, proceed to residual risk management. If no, return to the risk treatment step and consult further with stakeholders accordingly; or

41.3. Unsure - refer/escalate the so far as is reasonably practicable judgment to a senior officer with the appropriate authority or request assistance from an appropriate headquarters agency.

Residual risk management

42. Whilst not legislated, estimating the residual risk is necessary for ensuring risk management decisions are made at an appropriate level of authority and for ensuring that Defence efficiently communicates risk up and down the chain of command and across organisational boundaries. This is particularly important for Joint Operations.

43. The risk assessment should estimate the residual risk and then identify an appropriate authority to escalate decisions to. A summary of how the residual risk was determined needs to be documented, including any assumptions regarding the effectiveness of controls. For communication efficiency, the Defence Work Health and Safety Risk Matrix in SafetyMan - Work Health and Safety Risk Management Procedure 04 – Work Health and Safety Risk Matrix must be used when estimating the residual risk as a function of consequence and likelihood. This is required to ensure a common language across Defence when communicating safety-related risk where a risk is shared across multiple Groups and Services.

44. Before making an informed decision and providing authority for a task/activity to proceed, the approving authority is responsible for:

44.1. verifying an appropriate level of rigour has been applied to the so far as is reasonably practicable analysis that is commensurate with the complexity and risk associated with the task/activity;

44.2. reviewing the so far as is reasonably practicable argument and the related assumptions;

44.3. approving the risk control strategy (implementation, maintenance and review) and ensuring resources (including funding) are available to enable implementation of those controls before the task/activity is conducted;

44.4. acknowledging the residual risk;

44.5. authorising the task/activity to proceed, or alternatively, cancelling or suspending the activity until more suitable controls can be implemented; and

44.6. ensuring communication of outcomes up, down and across the command chain. If the proposed controls are suitable but not available, then a separate risk control plan may be required so that there is a strategy for future implementation of controls when they become available.

Procedure 01 – Defence Work Health and Safety Risk Management Process

Date of release: July 2017 Current as at: July 2017 10

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Implement, review and maintain controls

45. The approved controls must be implemented before conducting the task/activity. The Work Health and Safety Regulations contain specific requirements in relation to review and maintenance of controls for specific risks. This is consistent with the review and maintain control measures step in the risk management process.

46. Verifying the effectiveness of controls may be possible through planned activities such workplace inspections, behaviour observations, noise surveys (to assess hearing protection and exposure periods/shift times); and occupational hygiene assessment of workplace hazards (such as airborne contaminants from surface finishing processes) and related effectiveness of personal protective equipment.

Risk control plan

47. If an identified control measure is suitable but not available, a risk control plan may be appropriate, such as an engineering control has been identified but lead time is required for design, test, evaluation, manufacture, approval and implementation/ modification program. In such cases, a strategic plan is required to clarify responsibilities, resources and schedules for implementation of control measures when it becomes available.

48. Where appropriate, the risk control plan should be developed in consultation with other duty-holders (including other Groups and Services, government departments or industry).

Communication and consultation

49. All stages of the safety risk management process require communication and consultation, with internal and external stakeholders. The Work Health and Safety Act 2011, Part 5 - Consultation, representation and participation (Annex C) includes specific requirements for:

49.1. consultation with workers (Sections 47-49); and

49.2. consultation with other duty holders through consultation, co-operation and co-ordination (Section 46).

50. To ensure effective communication of safety-related risk across Defence, Groups and Services should use the Defence Work Health and Safety Risk Matrix descriptors (for safety likelihood and consequence) and safety risk levels, when communicating residual risk. This is particularly important for Joint Operations or where risks are shared across multiple Groups and Services.

Record keeping

51. Decisions about the use or decision not to implement control measures must be justified and recorded. Record keeping provides traceability and retention of corporate knowledge. A well documented risk assessment provides a useful tool for recording corporate knowledge, which is particularly important in the Defence context where personnel change on a regular basis. The following should be documented:

51.1. all the identified hazards and risks applicable to the particular task/activity;

51.2. the results of the risk analysis process; and

51.3. a so far as is reasonably practicable argument as proposed in paragraph 39 of this procedure.

52. Risk assessment records, including Issue Papers (or equivalent) raised during acquisition of major systems, must include a record of the so far as is reasonably practicable argument.

Procedure 01 – Defence Work Health and Safety Risk Management Process

Date of release: July 2017 Current as at: July 2017 11

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References and related documents

53. Work Health and Safety Act 2011

54. Work Health and Safety Regulations 2011

55. Code of Practice - How to Manage Work Health and Safety Risks

56. SafetyMan – Work Health and Safety Risk Management:

56.1. Procedure 02 - Risk Identification – Hazard Types

56.2. Procedure 03 – Hierarchy of Controls

56.3. Procedure 04 – Work Health and Safety Risk Matrix

57. Safe Work Australia Interpretive Guideline - The Meaning of Reasonably Practicable

58. Safe Work Australia – How to determine what is reasonably practicable to meet a health and safety duty

59. AS/NZS ISO 31000:2009 Risk management - Principles and guidelines

Annexes

A. Work Health and Safety Act 2011, Part 2, Division 1, Subdivision 2 - What is reasonably practicable

B. Work Health and Safety Regulations 2011, Regulation 36 - Hierarchy of control measures

C. Work Health and Safety Act 2011, Part 5 – Consultation, representation and participation:

Section 46 – Duty to consult other duty holders

Section 47 – Duty to consult workers

Section 48 – Nature of consultation

Section 49 – When consultation is required

Procedure 01 – Defence Work Health and Safety Risk Management Process

Date of release: July 2017 Current as at: July 2017 12

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Annex A

Work Health and Safety Act 2011

Part 2, Division 1, Subdivision 2 - What is reasonably practicable

18 What is reasonably practicable in ensuring health and safety

In this Act, reasonably practicable, in relation to a duty to ensure health and safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including:

(a) the likelihood of the hazard or the risk concerned occurring; and

(b) the degree of harm that might result from the hazard or the risk; and

(c) what the person concerned knows, or ought reasonably to know, about:

(i) the hazard or the risk; and

(ii) ways of eliminating or minimising the risk; and

(d) the availability and suitability of ways to eliminate or minimise the risk; and

(e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

Procedure 01 – Defence Work Health and Safety Risk Management Process

Date of release: July 2017 Current as at: July 2017 13

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Annex B

Work Health and Safety Regulations 2011

Regulation 36 - Hierarchy of control measures

(1) This regulation applies if it is not reasonably practicable for a duty holder to eliminate risks to health and safety.

(2) A duty holder, in minimising risks to health and safety, must implement risk control measures in accordance with this regulation.

(3) The duty holder must minimise risks, so far as is reasonably practicable, by doing one or more of the following:

(a) substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk;

(b) isolating the hazard from any person exposed to it;

(c) implementing engineering controls.

(4) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls.

(5) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by ensuring the provision and use of suitable personal protective equipment.

Note A combination of the controls set out in this regulation may be used to minimise risks, so far as is reasonably practicable, if a single control is not sufficient for the purpose.

Procedure 01 – Defence Work Health and Safety Risk Management Process

Date of release: July 2017 Current as at: July 2017 14

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Annex C

Work Health and Safety Act 2011

Part 5 - Consultation, representation and participation

Division 1 - Consultation, co-operation and co-ordination between duty holders

46 - Duty to consult with other duty holders

If more than one person has a duty in relation to the same matter under this Act, each person with the duty must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with all other persons who have a duty in relation to the same matter.

Penalty:

(a) In the case of an individual—$20 000.

(b) In the case of a body corporate—$100 000.

Part 5 – Consultation, representation and participation

A Division 2—Consultation with workers

Division 2 – Consultation with workers

47 - Duty to consult workers

(1) The person conducting a business or undertaking must, so far as is reasonably practicable, consult, in accordance with this Division and the regulations, with workers who carry out work for the business or undertaking who are, or are likely to be, directly affected by a matter relating to work health or safety.

Penalty:

(a) In the case of an individual—$20 000.

(b) In the case of a body corporate—$100 000.

(2) If the person conducting the business or undertaking and the workers have agreed to procedures for consultation, the consultation must be in accordance with those procedures.

(3) The agreed procedures must not be inconsistent with section 48.

48 - Nature of consultation

(1) Consultation under this Division requires:

(a) that relevant information about the matter is shared with workers; and

(b) that workers be given a reasonable opportunity:

(i) to express their views and to raise work health or safety issues in relation to the matter; and

(ii) to contribute to the decision-making process relating to the matter; and

(c) that the views of workers are taken into account by the person conducting the business or undertaking; and

(d) that the workers consulted are advised of the outcome of the consultation in a timely manner.

(2) If the workers are represented by a health and safety representative, the consultation must involve that representative.

49 - When consultation is required

Consultation under this Division is required in relation to the following health and safety matters:

Procedure 01 – Defence Work Health and Safety Risk Management Process

Date of release: July 2017 Current as at: July 2017 15

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(a) when identifying hazards and assessing risks to health and safety arising from the work carried out or to be carried out by the business or undertaking;

(b) when making decisions about ways to eliminate or minimise those risks;

(c) when making decisions about the adequacy of facilities for the welfare of workers;

(d) when proposing changes that may affect the health or safety of workers;

(e) when making decisions about the procedures for:

(i) consulting with workers; or

(ii) resolving work health or safety issues at the workplace; or

(iii) monitoring the health of workers; or

(iv) monitoring the conditions at any workplace under the management or control of the person conducting the business or undertaking; or

(v) providing information and training for workers;

(f) when carrying out any other activity prescribed by the regulations for the purposes of this section.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

WORK HEALTH AND SAFETY RISK MANAGEMENT PROCEDURE 02 - RISK IDENTIFICATION - HAZARD TYPES

1. This procedure relates to SafetyMan – Work Health and Safety Risk Management Policy and provides information on hazard types.

2. To provide a high standard of work health and safety protection for workers, all the things that might go wrong during work activities need to be identified, assessed and where practical, treated. This revolves around identifying hazards in the workplace and as a result of a work activity.

3. The work health and safety hazard types and the potential harm to workers that may be found in Defence workplaces are listed in Table 1:

Table 1: Hazard types and potential harm

Hazard Type Potential Harm

Biological Organic substances that pose a threat to the health of humans and other living organisms. Biological hazards include pathogenic micro-organisms, viruses, toxins (from biological sources), spores, fungi and bio-active substances.

Chemical Chemicals such as acids, hydrocarbons, heavy metals, gases and dusts (such as asbestos and silica) causing short term (acute) or long term (chronic) injury, illness or death.

Electrical Exposure to live electrical circuits causing shock, burns or death from electrocution. Potential ignition source causing fire or explosion.

Ergonomic Overexertion or repetitive movement causing muscular strain.

Gravity Falling objects, falls, slips and trips of people causing fractures, bruises, lacerations, dislocations, concussion, permanent injuries or death.

Mechanical Being caught or trapped by moving parts of machinery causing fractures, bruises, lacerations, dislocations, permanent injuries or death. Vibration injuries as a result of operating power tools, equipment or plant causing injury to whole body, hand or arm.

Motion Being hit by a moving object causing fractures, bruises, lacerations, dislocations, permanent injuries or death.

Noise Exposure to loud or constant noise causing permanent hearing

Procedure 02 - Risk Identification – Hazard Types

Date of release: July 2017 Current as at: July 2017 2

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Hazard Type Potential Harm

damage.

Pressure Pressure as a result of the release of stored energy (gas, hydraulic and pneumatic systems), working at altitude or depth causing injection injuries, external/internal injuries, altitude and decompression illness or death.

Psychosocial Effects of work-related trauma or stressful environment, shift patterns, bullying, violence and work related fatigue, drugs and alcohol, constant low noise levels and work relationships causing mental illness.

Radiation Ultra violet, welding arc flashes, microwaves and lasers causing burns, cancer or blindness.

Extreme Temperature

Effects of working in extreme temperature ranges causing heat or cold injury or death.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017

WORK HEALTH AND SAFETY RISK MANAGEMENT PROCEDURE 03 - HIERARCHY OF CONTROLS

1. This procedure relates to SafetyMan – Work Health and Safety Risk Management Policy and provides information on the application of the hierarchy of controls (see Figure 1).

2. Risk control is taking action to eliminate work health and safety risks, and if that is not possible, taking action to minimise those risks so far as is reasonably practicable.

3. The hierarchy of controls are:

3.1. Eliminate – the most effective control measure involves elimination of the hazard. Eliminating the hazard will also eliminate any risks associated with the hazard. Eliminating hazards is often more cost effective and practical to achieve at the design or planning stage of a platform, product, process or activity;

3.2. Substitute – involves replacing the hazard with a hazard that has a lower level of risk (eg substituting a solvent-based paint with a water-based product, using an Unmanned Aerial Vehicle (UAV) instead of a manned aircraft);

3.3. Isolate - involves isolating the hazard by physically separating the source of harm from people by using distance or barriers (eg installing guarding on machinery or barriers to prevent access);

3.4. Engineering – are controls that are physical in nature, such as a mechanical device or process (eg mechanical isolation (mechanical lock-outs or tag-outs) or software systems that provide redundancies);

3.5. Administrative – are work methods or procedures that are designed to minimise exposure to a hazard (eg procedures on how to operate machinery safely, limiting the exposure time to a hazardous task, use of safety signs to warn people of a hazard); and

3.6. Personal Protective Equipment (PPE) – personal protective equipment limits the exposure to harmful effects of a hazard (eg gloves, respirators, glasses, coveralls, hearing protection, hard hats).

Figure 1 – Hierarchy of Controls

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Procedure 03 - Hierarchy of Controls

Date of release: July 2017 Current as at: July 2017 2

4. Figure 2 depicts the application of the Hierarchy of Controls to achieve a ‘so far as is reasonably practicable’ assessment of risk.

Figure 2: Application of the hierarchy of controls

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Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017

WORK HEALTH AND SAFETY RISK MANAGEMENT PROCEDURE 04 – WORK HEALTH AND SAFETY RISK MATRIX

1. This procedure relates to SafetyMan – Work Health and Safety Risk Management Policy and provides information on the use of the Defence Work Health and Safety Risk Matrix (see Figure 1).

2. The risk matrix is used during a risk assessment to define the level of risk by considering the category of likelihood (probability) against the category of consequence (severity). This is a simple mechanism to increase visibility of risks and assist management decision making.

Figure 1: Defence Work Health and Safety Risk Matrix

3. To enhance the communication of work health and safety risk across Defence, a common set of descriptors have been developed for likelihood, consequence and safety risk level. The safety risk levels are provided in a standardised work health and safety risk matrix. A qualitative risk ranking can be read from the position in the matrix where the likelihood of harm (probability) and the severity of harm (consequence) ratings intersect.

Risk assessment codes

4. The role of the risk matrix is to assist in the communication of the residual risk level.

5. When using the matrix to communicate residual risk levels, the risk assessment code must be included. The risk assessment codes are alphanumeric and are numbered A1 to E5. This is to ensure that the risk profile is better understood, such as a Medium (B5) is not identical to a Medium (E2) since the latter involves a more severe degree of harm (Catastrophic - multiple fatalities), which should drive a greater priority to eliminate or reduce the risk.

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Procedure 04 – Work Health and Safety Risk Matrix

Date of release: July 2017 Current as at: July 2017 2

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6. Rare is equivalent to a likelihood of 1 in 1,000,000 (or greater) probability (refer to Department of Defense (US DOD) MIL-STD-882E System Safety, 11 May 2012) and can be used to overlay quantitative data that might exist in technical standards.

Likelihood descriptors

7. Likelihood descriptors (see Table 1) are separated into two themes to ensure standardised work health safety risk management throughout Defence. The likelihood descriptors are provided to enable translation of risk management advice from system safety programs, whereas the activity descriptions are provided to undertake workplace risk assessments.

8. The likelihood descriptors are qualitative in nature. In some circumstances, particularly in the design, acquisition and sustainment phases of the Capability Life Cycle, it may be relevant to utilise quantitative ratings in line with the qualitative descriptors. Where quantitative likelihood data exists and providing it is from an authoritative or credible source and considered to apply, the safety risk assessor should consider such data to inform their judgment.

Table 1: Likelihood descriptors

Rating Likelihood Description for System Likelihood Description for Activity

Almost Certain

Expected to occur several times a year or often during the system life-cycle.

Is known to occur frequently in similar systems being used in the same role and operating environment.

Expected to occur during the planned activity.

Is known to occur frequently in similar activities.

Probable

Expected to occur one or more times per year or several times in the system life cycle.

Is known to occur previously but is not certain to occur.

Expected to occur in most circumstances, but is not certain.

Is known to have occurred previously in similar activities.

Occasional

Expected to occur less than once per year or infrequently during system life cycle.

Not expected to occur during the planned activity.

Sporadic but not uncommon.

Improbable

Not expected to occur, but possible to experience one or more events during the system life cycle.

Not expected to occur during the planned activity.

Occurrence conceivable but considered uncommon.

Rare

Only expected to occur in rare or

exceptional circumstances or no more than once during the system life cycle.

Not expected to occur during the planned activity.

Occurrence conceivable but not expected to occur.

Procedure 04 – Work Health and Safety Risk Matrix

Date of release: July 2017 Current as at: July 2017 3

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Consequence descriptors

9. Consequence descriptors (see Table 2) consider the extent (or impact) if the risk eventuates. It is not the worst-case scenario, but the worst credible scenario in line with the context of the situation or activity being assessed.

Table 2: Consequence descriptors

Rating Consequence Description for Activity Catastrophic Multiple fatalities or 10 or more injuries/illnesses categorised as critical.

Critical Single fatality and/or permanent total disability or 10 or more injuries or illnesses categorised as major.

Major Serious injury or illness requiring immediate admission to hospital as an inpatient and/or permanent partial disability or 10 or more injuries/illnesses categorised as moderate.

Moderate Injury or illness causing no permanent disability, which requires non-emergency medical attention by a registered health practitioner or 10 or more injuries or illnesses categorised as minor.

Minor Minor injury or illness that is treatable in the workplace (first aid) or by a registered health practitioner, with no follow up treatment required.

Use of the matrix

10. It is possible that risk information derived through the application of this matrix will be used for work health and safety risk decisions for capability acquisitions, military operations and in both strategic and tactical situations. It is essential to understand the limitations of using a qualitative matrix in the differing scenarios. Inappropriate use of this matrix may result in false assumptions and ineffective work health and safety risk management practice.

11. Where it is necessary to conduct risk assessments, it is important that the use of a matrix and the risk assessment process does not become an end in itself. The emphasis must be on the identification and implementation of reasonable and effective risk controls. This will inform decision making in relation to the appropriate allocation and use of resources. It will also inform the assignment of appropriate risk control tasks for inclusion in orders, instructions, publications, procedures and doctrine which contributes to effective risk management.

References and related documents

12. Department of Defense (US DOD) MIL-STD-882E System Safety, 11 May 2012

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

WORKING IN CONFINED SPACES POLICY AND GUIDANCE

Policy statement

1. Activities requiring entry to or work to be undertaken in a confined space must identify all associated hazards, establish controls to address identified risks and be reviewed regularly in accordance with the Work Health and Safety Act 2011, Work Health and Safety Regulations 2011 and the Code of Practice – Confined Spaces to minimise the work health and safety impact on the worker/workers.

Scope

2. This policy applies to all Defence workers, including ADF members, APS employees, ADF cadets, contractors and other persons.

3. The application of this policy to contractors and sub-contractors is dependent on the degree of control and influence that Defence has over the undertaking and will be defined within the relevant contractual arrangements.

Policy – core elements

4. Defence will, so far as is reasonably practicable, eliminate the need for a person to enter or inadvertently be able to enter a confined space. If not practicable to eliminate then ensure the risk is minimised so far as is reasonably practicable throughout the asset life of infrastructure and the capability life cycle.

5. Defence is to ensure that activities which require entry to, or work being undertaken in a confined space are conducted, as a minimum, in accordance with the Work Health and Safety Regulations 2011, Part 4.3 – Confined Spaces, Regulations 62-77 (Annex A), and the approved Code of Practice for Confined Spaces.

6. It is a requirement of the Work Health and Safety Regulations 2011 that contractors performing confined space entry tasks in Defence controlled areas have a confined space entry management system that meets, or exceeds that in the Work Health and Safety Regulations 2011.

7. Supervisors or persons with control of work, in charge of confined space operations must be a ‘competent person’ for confined space entry and must be either a qualified workplace assessor, or use a workplace assessor to carry out confined space entry competency assessments.

Roles and responsibilities

8. Group Heads and Service Chiefs are responsible for the allocation of resources for the effective management of confined spaces. Group Heads and Service Chiefs are responsible for ensuring that rescue and first aid procedures relating to the confined space are planned, established and practiced by those who are involved in carrying out work in a confined space.

Working in Confined Spaces Policy and Guidance

Date of release: July 2017 Current as at: July 2017 2

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9. Defence Estate and Infrastructure Group is responsible for service delivery functions and maintenance of buildings and facilities, which may be relevant to confined spaces where Defence Estate and Infrastructure Group provides the infrastructure. Where confined spaces form part of a building, Defence Estate and Infrastructure Group are responsible for providing hazard identification and risk assessment information on any relevant confined spaces.

10. Where a systems project office specifies a maintenance process to be undertaken on equipment, Capability Acquisition and Sustainment Group is responsible for providing hazard identification and risk assessment information on any relevant confined spaces.

11. Commanders/managers and supervisors, as persons with control of a workplace are responsible for:

11.1. understanding the hazards and risks to the health and safety of workers (under their control) associated with confined spaces in the Defence environment;

11.2. consulting with workers to identify, assess and control confined entry space hazards and risks;

11.3. ensuring a risk assessment is undertaken in the first instance when entry to or working in a confined space is required, revalidating the risk assessment for subsequent entry, and implementing risk control measures;

11.4. providing appropriate information, education, training, instruction and supervision to all persons associated with working in confined spaces;

11.5. ensuring that appropriate rescue and first aid procedures relating to the confined space are planned, established and practiced by those who are involved in carrying out work in a confined space;

11.6. implementing improvements to reduce confined space entry related risks, so far as is reasonably practicable to acceptable levels;

11.7. ensuring that complete records are maintained and reporting requirements are met; and

11.8. ensuring activities associated with confined spaces are included when reviewing policy and systems and conducting annual internal audits.

12. Supervisors are responsible for:

12.1. ensuring compliance with all requirements outlined in this policy, and other relevant legislation and Defence policies;

12.2. enforcing compliance with relevant orders and instructions on confined space operations;

12.3. ensuring the competency of any worker involved in confined space operations is assessed on an ongoing basis as determined by risk assessment;

12.4. ensuring the confined space described in an entry permit is in a safe condition for the work required, and that all precautions determined by a risk assessment are clearly outlined on the permit before the permit is authorised;

12.5. ensuring that no person enters the confined space without the support of a stand-by person;

12.6. ensuring workplace inspections are conducted periodically to identify work health and safety hazards, assess associated risks and apply appropriate risk control measures, in relation to the management of confined spaces;

Working in Confined Spaces Policy and Guidance

Date of release: July 2017 Current as at: July 2017 3

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12.7. ensuring all persons and equipment have been removed from the confined space before it is returned to its normal use; and

12.8. ensuring that safety signs and protective barriers are prominently displayed.

13. All workers have a responsibility to:

13.1. take all reasonable steps to safeguard their health and safety and the safety of others in the workplace;

13.2. understand and follow established safe work practices and procedures, participate in appropriate training and hazard identification, and control risks arising from entry to and work performed inside confined spaces;

13.3. comply with all instruction and requirements relating to safe work in confined spaces;

13.4. advise supervisors of any perceived risk that could increase exposure to injury or illness;

13.5. monitor themselves and their fellow workers, and take action when they observe elevated risks to themselves or others; and

13.6. report events of injury or illness.

14. Contractors must comply with the requirements of this policy and as specified in their contracts to Defence. When contracts for confined space work are developed, consideration is to be given to how these various requirements will be met. In the case of a large project, specific requirements should be addressed in the Work Health and Safety Plan.

References and related documents

15. Work Health and Safety Act 2011

16. Work Health and Safety Regulations 2011

17. Code of Practice - Confined Spaces

18. Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC 1003:1995] and guidance notes on interpretation of the exposure standard

19. SafetyMan

19.1. Electrical Safety Policy and Guidance

19.2. Managing Personnel Exposure to Excessive Heat/Cold Policy and Guidance

19.3. Noise Management Policy and Guidance

19.4. Personal Protective Equipment Policy

19.5. Welding and Allied Process Policy and Guidance

20. Confined space entry forms (available via Defence Web Forms):

20.1. Form AC 869 – Confined Space Risk Assessment;

20.2. Form AC 818 – Entry Permit for Confined Spaces (for general Defence use); and

20.3. Form AC 870 – Confined Space Entry Permit (for Royal Australian Navy use).

21. Australian Standards/New Zealand Standards (available via the Defence Library Service):

21.1. AS/NZS 1020 - The Control of Undesirable Static Electricity

21.2. AS/NZS 1270 – Acoustics - Hearing Protectors

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21.3. AS/NZS 1319 – Safety Signs for the Occupational Environment

21.4. AS/NZS 1337.1 - Personal Eye Protection – Eye and Face Protectors for Occupational Applications

21.5. AS 1674.1 - Safety in Welding and Allied Processes - Fire Precautions

21.6. AS/NZS 1715 - Selection, Use and Maintenance of Respiratory Protective Equipment

21.7. AS/NZS 1716 - Respiratory Protective Devices

21.8. AS 1801 - Occupational Protective Helmets

21.9. AS/NZS 1891.1 - Industrial Fall-Arrest Systems and Devices - Harnesses and Ancillary Equipment

21.10. AS/NZS 1891.4 - Industrial Fall-Arrest Systems and Devices - Part 4: Selection, Use and Maintenance

21.11. AS/NZS 2210.1 – Safety, Protective and Occupational Footwear - Guide to Selection, Care and Use

21.12. AS 2225 - Insulating Gloves for Electrical Purposes

21.13. AS/NZS 2865 - Confined Spaces

21.14. AS/NZS 3000 - Electrical Installations

21.15. AS/NZS 3100 - Approval and Test Specification - General Requirements for Electrical Equipment

21.16. AS/NZS 3190 - Approval and Test Specification - Residual Current Devices (current-operated earth-leakage devices)

21.17. AS/NZS 3191 - Electric Flexible Cords

21.18. AS/NZS 3760 - In-Service Safety Inspection and Testing of Electrical Equipment

21.19. AS/NZS 60079.11 Explosive Atmospheres – Equipment Protection by Intrinsic Safety ‘i’

21.20. AS/NZS 61558.2.6 - Safety of Power Transformers, Power Supply Units and Similar - Particular Requirements for Safety Isolating Transformers for General Use

22. European Standard IS EN 943-1 - Protective clothing against dangerous solid, liquid and gaseous chemicals, aerosols and solid particles (Performance requirements for ventilated and non-ventilated ‘gas-tight’ (Type 1) and ‘non-gas-tight’ (Type 2) chemical suits, or an equivalent standard may be referred to for guidance)

Annex

A. Work Health and Safety Regulations 2011, Part 4.3 – Confined Spaces, Regulations 62 – 77

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Annex A

Work Health and Safety Regulations 2011

Part 4.3 - Confined Spaces

Division 1 - Preliminary

62 - Confined spaces to which this Part applies

(1)This Part applies to confined spaces that:

(a)are entered by any person; or

(b)are intended or likely to be entered by any person; or

(c)could be entered inadvertently by any person.

(2) In this Part, a reference to a confined space in relation to a person conducting a business or undertaking is a reference to a confined space that is under the person's management or control.

63 - Application to emergency service workers

regulations 67 and 68 do not apply to the entry into a confined space by an emergency service worker if, at the direction of the emergency service organisation, the worker is:

(a)rescuing a person from the space; or

(b)providing first aid to a person in the space.

Division 2 Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure

64 - Duty to eliminate or minimise risk

(1) This regulation applies in relation to plant or a structure that includes a space that is, or is intended to be, a confined space.

(2) A designer, manufacturer, importer or supplier of the plant or structure, and a person who installs or constructs the plant or structure, must ensure that:

(a)the need for any person to enter the space and the risk of a person inadvertently entering the space are eliminated, so far as is reasonably practicable; or

(b)if it is not reasonably practicable to eliminate the need to enter the space or the risk of a person inadvertently entering the space:

(i)the need or risk is minimised so far as is reasonably practicable; and

(ii)the space is designed with a safe means of entry and exit; and

(iii)the risk to the health and safety of any person who enters the space is eliminated so far as is reasonably practicable or, if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

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Division 3 - Duties of person conducting business or undertaking

65 - Entry into confined space must comply with this Division

A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that a worker does not enter a confined space before this Division has been complied with in relation to that space.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

66 - Managing risks to health and safety

(1) A person conducting a business or undertaking must manage, in accordance with Part 3.1, risks to health and safety associated with a confined space at a workplace including risks associated with entering, working in, on or in the vicinity of the confined space (including a risk of a person inadvertently entering the confined space).

Note

WHS Act—section 19 (see regulation 9).

(2) A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purposes of subregulation (1).

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(3) The person must ensure that a risk assessment conducted under subregulation (2) is recorded in writing.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(4)For the purposes of subregulations (1) and (2), the person conducting a business or undertaking must have regard to all relevant matters, including the following:

(a)whether the work can be carried out without the need to enter the confined space;

(b)the nature of the confined space;

(c)if the hazard is associated with the concentration of oxygen or the concentration of airborne contaminants in the confined space—any change that may occur in that concentration;

(d)the work required to be carried out in the confined space, the range of methods by which the work can be carried out and the proposed method of working;

(e)the type of emergency procedures, including rescue procedures, required.

(5)The person conducting a business or undertaking must ensure that a risk assessment under this regulation is reviewed and as necessary revised by a competent person to reflect any review and revision of control measures under Part 3.1.

Maximum penalty:

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In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

67 - Confined space entry permit

(1)A person conducting a business or undertaking at a workplace must not direct a worker to enter a confined space to carry out work unless the person has issued a confined space entry permit for the work.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2)A confined space entry permit must:

(a)be completed by a competent person; and

(b)be in writing; and

(c)specify the following:

(i)the confined space to which the permit relates;

(ii)the names of persons permitted to enter the space;

(iii)the period of time during which the work in the space will be carried out;

(iv)measures to control risk associated with the proposed work in the space; and

(d)contain space for an acknowledgement that work in the confined space has been completed and that all persons have left the confined space.

(3)The control measures specified in a confined space permit must:

(a)be based on a risk assessment conducted under regulation 66; and

(b)include:

(i)control measures to be implemented for safe entry; and

(ii)details of the system of work provided under regulation 69.

(4)The person conducting a business or undertaking must ensure that, when the work for which the entry permit was issued is completed:

(a)all workers leave the confined space; and

(b)the acknowledgement referred to in subregulation (2)(d) is completed by the competent person.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

68 - Signage

(1) A person conducting a business or undertaking must ensure that signs that comply with subregulation (2) are erected:

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(a)immediately before work in a confined space commences and while the work is being carried out; and

(b)while work is being carried out in preparation for, and in the completion of, work in a confined space.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(2)The signs must:

(a)identify the confined space; and

(b) inform workers that they must not enter the space unless they have a confined space entry permit; and

(c)be clear and prominently located next to each entry to the space.

69 - Communication and safety monitoring

A person conducting a business or undertaking must ensure that a worker does not enter a confined space to carry out work unless the person provides a system of work that includes:

(a)continuous communication with the worker from outside the space; and

(b)monitoring of conditions within the space by a standby person who is in the vicinity of the space and, if practicable, observing the work being carried out.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

70 - Specific control—connected plant and services

(1)A person conducting a business or undertaking must, so far as is reasonably practicable, eliminate any risk associated with work in a confined space in either of the following circumstances:

(a)the introduction of any substance or condition into the space from or by any plant or services connected to the space;

(b)the activation or energising in any way of any plant or services connected to the space.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(2)If it is not reasonably practicable for the person to eliminate risk under subregulation (1), the person must minimise that risk so far as is reasonably practicable.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

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71 Specific control—atmosphere

(1)A person conducting a business or undertaking must ensure, in relation to work in a confined space, that:

(a)purging or ventilation of any contaminant in the atmosphere of the space is carried out, so far as is reasonably practicable; and

(b)pure oxygen or gas mixtures with oxygen in a concentration exceeding 21% by volume are not used for purging or ventilation of any airborne contaminant in the space.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2)The person must ensure that, while work is being carried out in a confined space:

(a)the atmosphere of the space has a safe oxygen level; or

(b)if it is not reasonably practicable to comply with paragraph (a) and the atmosphere in the space has an oxygen level less than 19.5% by volume—any worker carrying out work in the space is provided with air supplied respiratory equipment.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3)In this regulation, purging means the method used to displace any contaminant from a confined space.

Notes

1. Regulation 44 applies to the use of personal protective equipment, including the equipment provided under subregulation (2).

2Regulation 50 applies to airborne contaminants.

72 - Specific control—flammable gases and vapours

(1)A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that while work is being carried out in a confined space, the concentration of any flammable gas, vapour or mist in the atmosphere of the space is less than 5% of its LEL.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2)If it is not reasonably practicable to limit the atmospheric concentration of a flammable gas, vapour or mist in a confined space to less than 5% of its LEL and the atmospheric concentration of the flammable gas, vapour or mist in the space is:

(a)equal to or greater than 5% but less than 10% of its LEL—the person must ensure that any worker is immediately removed from the space unless a suitably calibrated, continuous-monitoring flammable gas detector is used in the space; or

(b)equal to or greater than 10% of its LEL—the person must ensure that any worker is immediately removed from the space

Maximum penalty:

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In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

73 - Specific control—fire and explosion

A person conducting a business or undertaking must ensure that an ignition source is not introduced into a confined space (from outside or within the space) if there is a possibility of the ignition source causing a fire or explosion in the space.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

74 - Emergency procedures

(1)A person conducting a business or undertaking must:

(a)establish first aid procedures and rescue procedures to be followed in the event of an emergency in a confined space; and

(b)ensure that the procedures are practised as necessary to ensure that they are efficient and effective.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2)The person must ensure that first aid and rescue procedures are initiated from outside the confined space as soon as practicable in an emergency.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3)The person must ensure, in relation to any confined space, that:

(a)the entry and exit openings of the confined space are large enough to allow emergency access; and

(b)the entry and exit openings of the space are not obstructed; and

(c)plant, equipment and personal protective equipment provided for first aid or emergency rescue are maintained in good working order.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Note

See Part 3.2 for general provisions relating to first aid, personal protective equipment and emergency plans.

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75 - Personal protective equipment in emergencies

(1)This regulation applies in relation to a worker who is to enter a confined space in order to carry out first aid or rescue procedures in an emergency.

(2)The person conducting the business or undertaking for which the worker is carrying out work must ensure that air supplied respiratory equipment is available for use by, and is provided to, the worker in an emergency in which:

(a)the atmosphere in the confined space does not have a safe oxygen level; or

(b)the atmosphere in the space has a harmful concentration of an airborne contaminant; or

(c)there is a serious risk of the atmosphere in the space becoming affected in the way referred to in paragraph (a) or (b) while the worker is in the space.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3)The person conducting the business or undertaking for which the worker is carrying out work must ensure that suitable personal protective equipment is available for use by, and is provided to, the worker in an emergency in which:

(a)an engulfment has occurred inside the confined space; or

(b)there is a serious risk of an engulfment occurring while the worker is in the space.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Note

Regulation 44 applies to the use of personal protective equipment, including the equipment provided under this regulation.

76 -Information, training and instruction for workers

(1)A person conducting a business or undertaking must ensure that relevant workers are provided with suitable and adequate information, training and instruction in relation to the following:

(a)the nature of all hazards relating to a confined space;

(b)the need for, and the appropriate use of, control measures to control risks to health and safety associated with those hazards;

(c)the selection, fit, use, wearing, testing, storage and maintenance of any personal protective equipment;

(d)the contents of any confined space entry permit that may be issued in relation to work carried out by the worker in a confined space;

(e)emergency procedures.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

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(2)The person must ensure that a record of all training provided to a worker under this regulation is kept for 2 years.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(3)In subregulation (1), relevant worker means:

(a)a worker who, in carrying out work for the business or undertaking, could:

(i)enter or work in a confined space; or

(ii)carry out any function in relation to work in a confined space or the emergency procedures established under regulation 74, but who is not required to enter the space; or

(b)any person supervising a worker referred to in paragraph (a).

77 - Confined space entry permit and risk assessment must be kept

(1)This regulation applies if a person conducting a business or undertaking:

(a)prepares a risk assessment under regulation 66; or

(b)issues a confined space entry permit under regulation 67.

(2)Subject to subregulation (3), the person must keep:

(a)a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and

(b)a copy of the confined space entry permit at least until the work to which it relates is completed.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(3)If a notifiable incident occurs in connection with the work to which the assessment or permit relates, the person must keep the copy of the assessment or permit (as applicable) for at least 2 years after the incident occurs.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(4)The person must ensure that, for the period for which the assessment or permit must be kept under this regulation, a copy is available for inspection under the Act.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(5)The person must ensure that, for the period for which the assessment or permit must be kept under this regulation, a copy is available to any relevant worker on request.

Maximum penalty:

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In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017

WORKING IN CONFINED SPACES PROCEDURE 01 – ISOLATION AND DE-ENERGISATION

1. This procedure provides tools, information and/or guidance relating to SafetyMan -Working in Confined Spaces Policy and Guidance.

2. Before a qualified person (through training and experience and therefore possessing the knowledge and skills to carry out the required task) enters a confined space, all potentially hazardous equipment, processes and services connected to the confined space are to be isolated and de-energised to prevent the:

2.1. introduction of contaminants or conditions through piping, ducts, vents, drains, conveyors, service pipes and fire protection equipment;

2.2. activation or energising of machinery in the confined space;

2.3. activation of plant or services outside the confined space that could adversely affect the space (for example heating or refrigerating methods);

2.4. release of any stored or potential energy in plant; and

2.5. inadvertent use of electrical equipment.

3. Isolation measures including physically locking and tagging (see Figure 1), closing and blanking (see Figure 2) should be checked at each isolation point. Isolation measures should be supported by systems to ensure that the isolation measures are not removed until all work is complete and all workers have left the space.

Figure 1 Example of tag and lockout with the padlocks of two workers.

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Procedure 01 – Isolation and De-energisation

Date of release: July 2017 Current as at: July 2017 2

Figure 2 One example of closing and blanking – Open end of pipe capped. Nearest valve closed locked and tagged.

4. De-energising includes reducing plant/equipment/devices that might hold stored energy to a ‘zero energy’ condition. Examples of stored energy include: hydraulic and pneumatic equipment that has been energised using pressurised liquid or gas; equipment that contains stretched/deformed components such as springs or diaphrams, equipment that uses gravity/weight for power; and equipment powered using electrical energy, chemical energy (including fuel), thermal (heat) or other types of energy.

5. To ensure current practices and processes of isolation and de-energisation are applied workers must refer to their local instructions before entering a confined space.

6. Code of Practice: Confined Spaces, Section 5, ‘How to Control the Risks’, paragraph 5.5, ‘Isolation’ refers to all potential hazardous services that should be isolated prior to any person entering the confined space.

7. The Australian Standard 2865-2009 Confined Spaces provides additional information to assist in the identification of the particular requirements and risk control measures for the safety of persons entering or conducting tasks associated with a confined space.

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Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

WORKING IN CONFINED SPACES PROCEDURE 02 – SAFETY OF THE ATMOSPHERE

1. This procedure provides work health and safety tools, information and/or guidance relating to SafetyMan -Working in Confined Spaces Policy and Guidance.

2. Before a qualified person (through training and experience and therefore possessing the knowledge and skills to carry out the required task) enters a confined space:

2.1. an evaluation of the atmosphere should be performed using a remote sensing apparatus; and

2.2. all results to be recorded on the confined space entry permit.

3. In accordance with the Work Health and Safety Regulations 2011, Regulation 71 - Specific control-atmosphere (Annex A), no person is to remain in or enter the confined space without air-supplied respiratory equipment where:

3.1. an exposure standard has been or is likely to be exceeded; and/or

3.2. where a safe oxygen level cannot be established and maintained.

4. The Work Health and Safety Regulations 2011, (particular regulations identified in Annex A),

4.1. 71 - Specific control-atmosphere;

4.2. 72 - Specific control-flammable gases and vapours; and

4.3. 73 - Specific control-fire and explosion

detail the requirements for safe atmospheric conditions that must be followed before any person enters a confined space. A current list of all declared National Exposure Standards can be obtained from the Safe Work Australia Hazardous Chemical Information System.

5. Where atmospheric contaminants in a confined space cannot be reduced to safe levels Work Health and Safety Regulations 2011, Regulation 71 - Specific control-atmosphere must be followed and no person is to enter the confined space without air-supplied respiratory equipment.

Atmospheric Testing

6. The evaluation of the atmosphere should include testing for:

6.1. oxygen content;

6.2. airborne concentration of flammable contaminants; and

6.3. airborne concentration of potentially harmful contaminants which require the use of suitable personal protective equipment to be worn during entry and occupation of the confined space.

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7. Atmospheric testing and monitoring of a confined space must be consistent with the risk assessment based on working in the confined space and in accordance with Work Health and Safety Regulations 2011, Regulation 71 - Specific control-atmosphere.

8. After the atmosphere in the entry area of the confined space has been found acceptable an evaluation of more remote regions inside the confined space is to occur. Evaluation of these more remote regions may need to be undertaken by persons wearing air-supplied respiratory equipment.

Flammable Contaminants

9. When the concentration of flammable contaminants in the atmosphere is between 5 and 10 per cent of the lower explosive limit, Work Health and Safety Regulations 2011, Regulation 72 - Specific control-flammable gases and vapours (Annex A) requires that an area must be evacuated by workers or a continuous monitoring flammable gas detector is to be used to monitor the concentration of flammable contaminants in the atmosphere whilst a person is in the confined space. The detector should be fitted with visible and audible alarms which should activate at a contaminant concentration of 10 per cent or more of the lower explosive limit. Where the concentration of flammable contaminants exceeds 10 per cent of the lower explosive limit the confined space must be evacuated immediately.

Purging Prior to Entry

10. A qualified person is to ensure that where appropriate, the confined space is cleared of contaminants by the use of a suitable purging agent. Pure oxygen or gas mixtures with oxygen in a concentration greater than 21 per cent by volume are not to be used for purging or ventilation. All contaminants removed from confined spaces are to be exhausted to a location where they present no hazard. Where necessary, reference to Australian/New Zealand Standard 1020:1995 - The Control of Undesirable Static Electricity should be made to guard against static electricity discharge.

11. When purging of contaminants from the confined space is required, care must be taken to prevent the rupture or collapse of the enclosure due to pressure differentials.

12. When flammable contaminants are being purged, only purging and ventilation equipment designed for use in confined spaces is to be used and precautions must be taken to eliminate all sources of ignition including:

12.1. static electricity where the use of non-conducive materials and anti-static clothing is recommended; and

12.2. exhaust locations where the purging process ensures that any contaminants removed from the confined space are exhausted to a location where they present no hazard.

Retest or Monitoring

13. Where considered necessary because of the potential for later release of contaminants, arrangements are to be made to monitor or retest (at appropriate intervals) the atmosphere within the confined space. A continuous monitoring flammable gas detector is to be used whilst a person is occupying the confined space.

Procedure 02 - Safety of the Atmosphere

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Ventilation

14. Confined spaces are to be well ventilated at all times to establish and maintain a safe breathing atmosphere. This can be achieved by:

14.1. natural means such as open doors or windows;

14.2. forced means where air is pumped or blown through the confined space; or

14.3. mechanical means such as fans and baffles.

15. Ventilation is to be continued throughout the period of occupancy and is to take into account the following:

15.1. the operations which are likely to generate contaminants (mechanical ventilation equipment may not be adequate or sufficiently reliable to maintain a safe breathing atmosphere);

15.2. if the maintenance of safe breathing atmosphere in a confined space is dependent on mechanical ventilation equipment it should:

15.2.1. be continuously monitored while the confined space is occupied;

15.2.2. have the controls(including any remote power supply) clearly identified and tagged to guard against unauthorised interference; and

15.3. pure oxygen or gas mixtures with oxygen in concentration greater than 21 percent per volume are not to be used to ventilate the confined space.

16. Precautions are to be taken to prevent unauthorised access to or interference with the ventilation equipment or its operation.

Exhaust Systems Ventilation

17. During operations likely to generate contaminants, mechanical ventilation equipment may not be adequate or sufficiently reliable to maintain a safe breathing atmosphere. In these instances the issue of air-supplied respirators is required. In addition, venting may not be appropriate in the case of flammable gasses. Exhaust systems should be arranged to ensure that any contaminated air removed from the confined space does not present a hazard to persons or equipment outside of the confined space. Combustion engines providing power for compressed air or any other use associated with the work being done at or near the confined space should be located so that their exhaust emissions cannot enter the confined space or contaminate air being supplied to the confined space.

References and related documents

For further information regarding the safety of the atmosphere refer to:

18. Work Health and Safety Regulations 2011

19. Code of Practice: Confined Spaces

20. Australian Standard 2865-2009 Confined Spaces

21. Safe Work Australia Hazardous Chemical Information System

Annex

A. Work Health and Safety Regulations 2011

Regulation 71 - Specific control-atmosphere

Regulation 72 – Specific control-flammable gases and vapours

Regulation 73 – Specific control-fire and explosion

Procedure 02 - Safety of the Atmosphere

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Annex A

Work Health and Safety Regulations 2011

Regulation 71 - Specific control-atmosphere

(1) A person conducting a business or undertaking must ensure, in relation to work in a confined space, that:

(a) purging or ventilation of any contaminant in the atmosphere of the space is carried out, so far as is reasonably practicable, and

(b) pure oxygen or gas mixtures with oxygen in a concentration exceeding 21% by volume are not used for purging or ventilation of any airborne contaminant in the space.

Maximum penalty:

(a) in the case of an individual-$6,000, or

(b) in the case of a body corporate-$30,000.

(2) The person must ensure that, while work is being carried out in a confined space:

(a) the atmosphere of the space has a safe oxygen level, or

(b) if it is not reasonably practicable to comply with paragraph (a) and the atmosphere in the space has an oxygen level less than 19.5% by volume-any worker carrying out work in the space is provided with air supplied respiratory equipment.

Maximum penalty:

(a) in the case of an individual-$6,000, or

(b) in the case of a body corporate-$30,000.

(3) In this clause, "purging" means the method used to displace any contaminant from a confined space.

Regulation 72 - Specific control-flammable gases and vapours

(1) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that while work is being carried out in a confined space, the concentration of any flammable gas, vapour or mist in the atmosphere of the space is less than 5% of its LEL.

Maximum penalty:

(a) in the case of an individual-$6,000, or

(b) in the case of a body corporate-$30,000.

(2) If it is not reasonably practicable to limit the atmospheric concentration of a flammable gas, vapour or mist in a confined space to less than 5% of its LEL and the atmospheric concentration of the flammable gas, vapour or mist in the space is:

(a) equal to or greater than 5% but less than 10% of its LEL-the person must ensure that any worker is immediately removed from the space unless a suitably calibrated, continuous-monitoring flammable gas detector is used in the space, or

(b) equal to or greater than 10% of its LEL-the person must ensure that any worker is immediately removed from the space.

Maximum penalty:

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(a) in the case of an individual-$6,000, or

(b) in the case of a body corporate-$30,000.

Regulation 73 - Specific control-fire and explosion

A person conducting a business or undertaking must ensure that an ignition source is not introduced into a confined space (from outside or within the space) if there is a possibility of the ignition source causing a fire or explosion in the space.

Maximum penalty:

(a) in the case of an individual-$6,000, or

(b) in the case of a body corporate-$30,000.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

WORKING IN CONFINED SPACES PROCEDURE 03 – PERSONAL PROTECTIVE EQUIPMENT

1. This procedure provides tools, information and/or guidance relating to SafetyMan -Working in Confined Spaces Policy and Guidance and is to be read in conjunction with SafetyMan – Personal Protective Equipment Policy.

2. Where the elimination of risk is not reasonably practicable, risks are to be controlled using the hierarchy of controls. Personal protective equipment is the last line of protection and should be used in connection with higher level controls.

3. General personal protective equipment requirements for confined space operations are outlined in this procedure. Advice on specific personal protective equipment requirements should be sought from specialist work health and safety staff or environmental health staff.

4. Personal protective equipment must be readily accessible and appropriate to any hazard identified in the risk assessment for work in a confined space. The equipment must be selected and if necessary fitted to the person who is to use it. The equipment must also be maintained in proper working order.

Safety belts, harnesses and lines

5. Persons entering or working in a confined space must be trained in the use of safety harnesses, safety lines or rescue lines when:

5.1. there is a risk of falling; or

5.2. the rescue of an incapacitated or unconscious person by haul-out with a safety line is practicable and safe.

6. Safety belts, harnesses and safety lines must comply with Australian/New Zealand Standard 1891.1.12007 – Industrial Fall-Arrest Systems and Devices – Harnesses and Ancillary Equipment and must be stored, maintained and inspected in accordance with Part 4 of the standard, ‘Selection, Use and Maintenance’.

7. When selecting the most appropriate type of safety harness, safety line or rescue line, consideration must be given to whether the equipment could become a hazard during a rescue operation. If wearing or using the equipment is impracticable or hinders free movement or compromises safety, alternative equipment must be used, or an alternative method of rescue must be devised—eg a rescue and fall arrest system. All workers associated with the particular confined space operation must be competent in the alternative method.

Respiratory protective devices

8. Persons entering or working in a confined space must be trained in the use of air-supplied respiratory protective devices. These devices must be worn when:

8.1. the results of the risk assessment or monitoring indicate that a safe atmosphere cannot be established or maintained; or

Procedure 03 – Personal Protective Equipment

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8.2. the nature of the work procedure within the confined space is likely to degrade or contaminate the atmosphere (eg working with hot objects or equipment, or using volatile solvents).

9. Suitable respirators complying with Australian/New Zealand Standard 1716:2012 – Respiratory Protective Devices are to be worn when any of the following conditions exist:

9.1. the oxygen level is below 19.5 percent (air-supplied protective respiratory equipment); or

9.2. the capacity to measure contaminant concentrations is not available (Respiratory protective equipment which provides protection against the specific contaminants provided oxygen can be maintained in the range 19.5–23.5%).

10. Appropriate respiratory protective devices complying with Australian/New Zealand Standard 1716:2012 – Respiratory Protective Devices are to be worn where the capability to measure contaminant concentrations is available and any reading is at or above the relevant exposure standard. A current list of all declared national exposure standards can be obtained from the Safe Work Australia Hazardous Substance Information System (HSIS).

11. Respiratory protection devices are to be selected, fitted, used, stored, maintained and inspected in accordance with Australian/New Zealand Standard 1715:2009 – Selection, Use and Maintenance of Respiratory Protective Equipment. Where respiratory protective equipment is necessary it must be donned and checked by the wearer and checked by another person prior to the wearer entering the confined space.

Supplied air quality

12. Air delivered to an air-supplied respirator is to comply with Australian/New Zealand Standard 1715:2009 – Selection, Use and Maintenance of Respiratory Protective Equipment. Each source of breathing air supply is to carry a current certificate indicating that the air supply has been tested within the previous six months and that the quality of the supplied air is satisfactory.

13. Breathing air supply is to be tested whenever maintenance is conducted on the source. The breathing air supply is to have an automatic backup method of supplying breathing air in the event of a system failure. Alternatively, the prime source of breathing air is to be fitted with a warning device to immediately alert of an interruption to the breathing air supply.

Work without an air-supplied respirator

14. Working without an air-supplied respirator conforming to Australian/New Zealand Standard 1716:2012 – Respiratory Protective Devices is permitted only when the following conditions are present:

14.1. oxygen level is in the range 19.5–23% and is constantly monitored at the work point,

14.2. the contaminant concentration is constantly monitored and the relevant exposure standard is not exceeded or there are no contaminants present,

14.3. a continuous flow of mechanically supplied air is delivered into the confined space,

14.4. no additional harmful chemicals are introduced into the confined space,

14.5. an adequate respirator is available for emergency or rescue operations, and

14.6. air monitoring equipment to monitor oxygen levels and any existing contaminants is available and switched on whenever the confined space is occupied.

15. Self-calibrating monitoring equipment is to be switched on in a clean air environment.

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16. Hot work can be carried out without a respirator provided that:

16.1. adequate ventilation or exhaust is available, and

16.2. exposure standards are not exceeded.

Body protection

17. Clothing. Workers should wear full coverage work clothing as specified by their supervisor. Supervisors are to consider the following guidelines when making an assessment depending upon the nature of the hazards in the confined space:

17.1. when a risk of exposure to toxic or irritating substances exists, clothing made of materials providing appropriate protection against toxic or irritating substances must be worn. The British-Adopted European Standard 943.1:2015: Protective clothing against dangerous solid, liquid and gaseous chemicals, including liquid and solid aerosols. Performance requirements Type 1 (gas-tight chemical protective suits.

17.2. An equivalent standard may be referred to for guidance; and anti-static clothing is to be worn when the confined space contains or is likely to contain an explosive atmosphere. Clothing and personal items containing wool, silk, nylon or other synthetic materials are not permitted.

18. Head. Head protection complying with Australian Standard 1801:1997 – Occupational Protective Helmets is to be worn.

19. Eyes. Safety goggles or glasses complying with Australian/New Zealand Standard 1337.1:2010 – Personal Eye Protection – Eye and Face Protectors for Industrial Applications or Other Approved Types of Eye Protection are to be worn when eye irritation or foreign object lodgment is likely.

20. Hearing. Where an assessment indicates that noise levels could exceed the exposure standard, hearing protection that complies with Australian/New Zealand Standard 1270:2002 – Acoustics – Hearing Protectors must be worn.

21. Hands. Depending on the hazard/s that have been identified, the following hand protection is to be worn:

21.1. when hands are exposed to rough surfaces or sharp edges, gloves ranging from canvas to metal mesh gloves;

21.2. gloves made of impervious material designed to protect from any contaminant or chemical to which the person is likely to be exposed;

21.3. heat protective gloves when handling objects with a temperature greater than 60 degrees Celsius;

21.4. (electrically) insulating gloves that have been visually inspected before each use where a current flow through the body of greater than five milliamps may result from contact with energised electrical equipment or there is a risk or a current flow of this strength which is unable to be measured; and.

21.5. rubber gloves complying with Australian Standard 2225:1994 – Insulating Gloves for Electrical Purposes where there is a risk of a current flow through the body as a result of exposure to high voltages not exceeding 4000 volts.

22. Feet and knees. Rubber soled safety shoes complying with Australian/New Zealand Standard 2210.1:2010 – Safety, Protective and Occupational Footwear – Guide to Selection, Care and Use, and which have been inspected for exposed metal particles, are to be worn.

23. Kneepads are to be worn if required.

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References and related documents

24. Australian/New Zealand Standard 1891.1 – Industrial Fall-Arrest Systems and Devices – Harnesses and Ancillary Equipment

25. Australian/New Zealand Standard 1716 – Respiratory Protective Devices

26. Safe Work Australia Hazardous Chemical Information System (HCIS)

27. Australian/New Zealand Standard 1715 – Selection, Use and Maintenance of Respiratory Protective Equipment

28. British-Adopted European Standard 943.1 Protective clothing against dangerous solid, liquid and gaseous chemicals, including liquid and solid aerosols.

29. Australian Standard 1801 – Occupational Protective Helmets

30. Australian/New Zealand Standard 1337.1 – Personal Eye Protection – Eye and Face Protectors for Industrial Applications or Other Approved Types of Eye Protection

31. Australian/New Zealand Standard 1270 – Acoustics – Hearing Protectors

32. Australian Standard 2225:1994 – Insulating Gloves for Electrical Purposes

33. Australian/New Zealand Standard 2210.1 – Safety, Protective and Occupational Footwear – Guide to Selection, Care and Use

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

WORKING IN CONFINED SPACES PROCEDURE 04 – USE OF ELECTRICAL DEVICES

1. This procedure provides tools, information and/or guidance relating to SafetyMan -Working in Confined Spaces Policy and Guidance.

2. All electrical devices and equipment used within a confined space containing a potentially explosive atmosphere are to conform to Australian/New Zealand Standard 60079.11:2011 Explosive Atmospheres – Equipment Protection and SafetyMan - Electrical Safety Policy and Guidance.

3. Guidance on the use of radar and radio devices associated with confined space entry and work should be provided by the relevant Groups and/or Services.

Mains operated electrical equipment

4. Electrical devices and equipment used within a confined space which is connected to an external power supply must comply with the provisions of Work Health and Safety Regulations 2011, Part 4.7 - General Electrical Safety in Workplaces and Energised Electrical Work (Annex A). Groups and Services may impose additional requirements.

5. Australian/New Zealand Standard 3100:2009 – Approval and Test Specification – General Requirements for Electrical Equipment specifies the general safety requirements for equipment (including fittings, accessories, appliances and apparatus) of classes and types that are used in, or intended for use in or in connection with, electrical installations in buildings, structures and premises.

6. Australian/New Zealand Standard 3000:2007 – Electrical Installations (commonly called the Australian/New Zealand wiring rules) sets the minimum requirements for the design, construction and testing of electrical installations, including the selection and installation of electrical equipment forming part of electrical installations.

Portable electrical equipment

7. Wherever possible all portable electrical equipment is to be:

7.1. connected (individually or collectively) to earth-free extra-low voltage (defined in Australian/New Zealand Standard 3760:2003 – In-Service Safety Inspection and Testing of Electrical Equipment) supply from an isolating transformer/s complying with Australian/New Zealand Standard 61558.2:2001 – Safety of Power Transformers, Power Supply Units and Similar – Particular Requirements for Safety Isolating Transformers for General Use, with the transformer(s) being located outside of the confined space;

7.2. protected through a residual current device complying with Australian/New Zealand Standard 3190:2011 – Approval and Test Specification – Residual Current Devices (Current-Operated Earth-Leakage Devices), with the device being located outside the confined space; and

Procedure 04 - Use of Electrical Devices

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7.3. fitted with a flexible supply cable not inferior to a heavy duty type complying with Australian/New Zealand Standard 3191:2008 – Electrical Flexible Cords. The cables are to be located, suspended or guarded to minimise accidental damage.

References and related documents

8. Australian/New Zealand Standard:

8.1. AS/NZS 60079.11:2011 Explosive Atmospheres – Equipment Protection

8.2. AS/NZS Australian/New Zealand Standard 3100:2009 – Approval and Test Specification – General Requirements for Electrical Equipment

8.3. AS/NZS Australian/New Zealand Standard 3000:2007 – Electrical Installations

8.4. AS/NZS Australian/New Zealand Standard 3760:2003 – In-Service Safety Inspection and Testing of Electrical Equipment

8.5. AS/NZS Australian/New Zealand Standard 61558.2:2001 – Safety of Power Transformers, Power Supply Units and Similar – Particular Requirements for Safety Isolating Transformers for General Use

8.6. AS/NZS Australian/New Zealand Standard 3190:2011 – Approval and Test Specification – Residual Current Devices (Current-Operated Earth-Leakage Devices)

8.7. AS/NZS Australian/New Zealand Standard 3191:2008 – Electrical Flexible Cords.

Annex

A. Work Health and Safety Regulations 2011, Part 4.7 - General Electrical Safety in Workplaces and Energised Electrical Work

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Annex A

Work Health and Safety Regulations 2011

Part 4.7 -General Electrical Safety in Workplaces and Energised Electrical Work

Division 1 - Preliminary

144 - Meaning of electrical equipment

(1)In this Part, electrical equipment means any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that:

(a)is used for controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra-low voltage; or

(b)is operated by electricity at a voltage greater than extra-low voltage; or

(c)is part of an electrical installation located in an area in which the atmosphere presents a risk to health and safety from fire or explosion; or

(d)is, or is part of, an active impressed current cathodic protection system within the meaning of AS 2832.1:2004 (Cathodic protection of metals—Pipes and cables).

(2)In this Part, electrical equipment does not include any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that is part of a vehicle that is a motor car or motorcycle if:

(a)the equipment is part of a unit of the vehicle that provides propulsion for the vehicle; or

(b)the electricity source for the equipment is a unit of the vehicle that provides propulsion for the vehicle.

Note

See the jurisdictional note in the Appendix.

145 - Meaning of electrical installation

(1)In this Part, electrical installation means a group of items of electrical equipment that:

(a)are permanently electrically connected together; and

(b)can be supplied with electricity from the works of an electricity supply authority or from a generating source.

(2)An item of electrical equipment may be part of more than 1 electrical installation.

(3)In subregulation (1)(a):

(a)an item of electrical equipment connected to electricity by a plug and socket outlet is not permanently electrically connected; and

(b)connection achieved through using works of an electricity supply authority is not a consideration in determining whether or not electrical equipment is electrically connected.

146 - Meaning of electrical work

(1)In this Part, electrical work means:

(a)connecting electricity supply wiring to electrical equipment or disconnecting electricity supply wiring from electrical equipment; or

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(b)installing, removing, adding, testing, replacing, repairing, altering or maintaining electrical equipment or an electrical installation.

(2)In this Part, electrical work does not include the following:

(a)work that involves connecting electrical equipment to an electricity supply by means of a flexible cord plug and socket outlet;

(b)work on a non-electrical component of electrical equipment, if the person carrying out the work is not exposed to an electrical risk;

Example

Painting electrical equipment covers and repairing hydraulic components of an electrical motor.

(c)replacing electrical equipment or a component of electrical equipment if that task can be safely performed by a person who does not have expertise in carrying out electrical work;

Example

Replacing a fuse or a light bulb.

(d)assembling, making, modifying or repairing electrical equipment as part of a manufacturing process;

(e)building or repairing ducts, conduits or troughs, where electrical wiring is or will be installed if:

(i)the ducts, conduits or troughs are not intended to be earthed; and

(ii)the wiring is not energised; and

(iii)the work is supervised by a [licensed or registered] electrical worker;

(f)locating or mounting electrical equipment, or fixing electrical equipment in place, if this task is not performed in relation to the connection of electrical equipment to an electricity supply;

(g)assisting a [licensed or registered] electrical worker to carry out electrical work if:

(i)the assistant is directly supervised by the [licensed or registered] electrical worker; and

(ii)the assistance does not involve physical contact with any energised electrical equipment;

(h)carrying out electrical work, other than work on energised electrical equipment, in order to meet eligibility requirements in relation to becoming a [licensed or registered] electrical worker.

Note - See the jurisdictional notes in the Appendix.

Division 2 - General risk management

147 - Risk management

A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with electrical risks at the workplace, in accordance with Part 3.1.

Example

Electrical risks associated with the design, construction, installation, protection, maintenance and testing of electrical equipment and electrical installations at a workplace.

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Note

WHS Act—section 19 (see regulation 9).

Division 3 - Electrical equipment and electrical installations

148 - Electrical equipment and electrical installations to which this Division applies

In this Division, a reference to electrical equipment or an electrical installation in relation to a person conducting a business or undertaking is a reference to electrical equipment or an electrical installation that is under the person's management or control.

149 - Unsafe electrical equipment

(1)A person conducting a business or undertaking at a workplace must ensure that any unsafe electrical equipment at the workplace:

(a)is disconnected (or isolated) from its electricity supply; and

(b)once disconnected (or isolated):

(i)is not reconnected until it is repaired or tested and found to be safe; or

(ii)is replaced or permanently removed from use.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(2)For the purposes of this regulation, electrical equipment or a component of electrical equipment is unsafe if there are reasonable grounds for believing it to be unsafe.

150 - Inspection and testing of electrical equipment

(1)A person conducting a business or undertaking at a workplace must ensure that electrical equipment is regularly inspected and tested by a competent person if the electrical equipment is:

(a)supplied with electricity through an electrical socket outlet; and

(b)used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(2)In the case of electrical equipment that is new and unused at the workplace, the person conducting the business or undertaking:

(a)is not required to comply with subregulation (1); and

(b)must ensure that the equipment is inspected for obvious damage before being used.

Maximum penalty:

In the case of an individual—$3 600.

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In the case of a body corporate—$18 000.

Note

However, electrical equipment that is unsafe must not be used (see regulation 149).

(3)The person must ensure that a record of any testing carried out under subregulation (1) is kept until the electrical equipment is:

(a)next tested; or

(b)permanently removed from the workplace or disposed of.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(4)The record of testing:

(a)must specify the following:

(i)the name of the person who carried out the testing;

(ii)the date of the testing;

(iii)the outcome of the testing;

(iv)the date on which the next testing must be carried out; and

(b)may be in the form of a tag attached to the electrical equipment tested.

151 - Untested electrical equipment not to be used

A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that electrical equipment is not used if the equipment:

(a)is required to be tested under regulation 150; and

(b)has not been tested.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

Division 4 - Electrical work on energised electrical equipment

152 - Application of Division 4

This Division does not apply to work carried out by or on behalf of an electricity supply authority on the electrical equipment, including electric line-associated equipment, controlled or operated by the authority to transform, transmit or supply electricity.

Note

See the jurisdictional note in the Appendix.

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153 - Persons conducting a business or undertaking to which this Division applies

In this Division (except regulations 156, 159 and 160), a reference to a person conducting a business or undertaking in relation to electrical work is a reference to the person conducting the business or undertaking who is carrying out the electrical work.

154 - Electrical work on energised electrical equipment—prohibited

Subject to this Division, a person conducting a business or undertaking must ensure that electrical work is not carried out on electrical equipment while the equipment is energised.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

155 - Duty to determine whether equipment is energised

(1)A person conducting a business or undertaking must ensure that, before electrical work is carried out on electrical equipment, the equipment is tested by a competent person to determine whether or not it is energised.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Note

Regulation 157 allows electrical testing to be carried out on electrical equipment for the purposes of this regulation. Regulation 161 sets out how the testing is to be carried out.

(2)The person conducting a business or undertaking must ensure that:

(a)each exposed part is treated as energised until it is isolated and determined not to be energised; and

(b)each high-voltage exposed part is earthed after being de-energised.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

156 - De-energised equipment must not be inadvertently re-energised

A person conducting a business or undertaking must ensure that electrical equipment that has been de-energised to allow electrical work to be carried out on it is not inadvertently re-energised while the work is being carried out.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

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157 - Electrical work on energised electrical equipment—when permitted

(1)A person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is not carried out unless:

(a)it is necessary in the interests of health and safety that the electrical work is carried out on the equipment while the equipment is energised; or

Example

It may be necessary that life-saving equipment remain energised and operating while electrical work is carried out on the equipment.

(b)it is necessary that the electrical equipment to be worked on is energised in order for the work to be carried out properly; or

(c)it is necessary for the purposes of testing required under regulation 155; or

(d)there is no reasonable alternative means of carrying out the work.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2)The electrical work that may be carried out under subregulation (1)(a), (b) and (d) may include testing of the energised electrical equipment.

158 - Preliminary steps

(1)A person conducting a business or undertaking must ensure the following before electrical work on energised electrical equipment commences:

(a)a risk assessment is conducted in relation to the proposed electrical work;

(b)the area where the electrical work is to be carried out is clear of obstructions so as to allow for easy access and exit;

(c)the point at which the electrical equipment can be disconnected or isolated from its electricity supply is:

(i)clearly marked or labelled; and

(ii)clear of obstructions so as to allow for easy access and exit by the worker who is to carry out the electrical work or any other competent person; and

(iii)capable of being operated quickly;

(d)the person authorises the electrical work after consulting with the person with management or control of the workplace.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2)For the purposes of subregulation (1)(a), the risk assessment must be:

(a)conducted by a competent person; and

(b)recorded.

Procedure 04 - Use of Electrical Devices

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Note

Regulation 12 permits risk assessments to be conducted, in certain circumstances, in relation to a class of hazards, tasks, things or circumstances.

(3)Subregulation (1)(c) does not apply to electrical work on electrical equipment if:

(a)the work is to be carried out on the supply side of the main switch on the main switchboard for the equipment; and

(b)the point at which the equipment can be disconnected from its electricity supply is not reasonably accessible from the work location.

159 - Unauthorised access to equipment being worked on

A person conducting a business or undertaking must ensure that only persons authorised by the person conducting the business or undertaking enter the immediate area in which electrical work on energised electrical equipment is being carried out.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

160 - Contact with equipment being worked on

A person conducting a business or undertaking must ensure that, while electrical work is being carried out on energised electrical equipment, all persons are prevented from creating an electrical risk by inadvertently making contact with an exposed energised component of the equipment.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

161 - How the work is to be carried out

(1)A person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is carried out:

(a)by a competent person who has tools, testing equipment and personal protective equipment that:

(i)are suitable for the work; and

(ii)have been properly tested; and

(iii)are maintained in good working order; and

(b)in accordance with a safe work method statement prepared for the work; and

(c)subject to subregulation (5), with a safety observer present who has the competence and qualifications specified in subregulation (4).

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

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(2) The person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the person who carries out the electrical work uses the tools, testing equipment and personal protective equipment properly.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3)For the purposes of subregulation (1)(b), the safe work method statement must:

(a)identify the electrical work; and

(b)specify hazards associated with that electrical work and risks associated with those hazards; and

(c)describe the measures to be implemented to control the risks; and

(d)describe how the risk control measures are to be implemented, monitored and reviewed.

(4)For the purposes of subregulation (1)(c):

(a)the safety observer must be competent:

(i)to implement control measures in an emergency; and

(ii)to rescue and resuscitate the worker who is carrying out the work, if necessary; and

(b)the safety observer must have been assessed in the previous 12 months as competent to rescue and resuscitate a person.

(5)A safety observer is not required if:

(a)the work consists only of testing; and

(b)the person conducting the business or undertaking has conducted a risk assessment under regulation 158(1)(a) that shows that there is no serious risk associated with the proposed work.

162 - Record keeping

(1)This regulation applies if a person conducting a business or undertaking prepares:

(a)a risk assessment under regulation 158; or

(b)a safe work method statement under regulation 161.

(2)Subject to subregulation (3), the person must keep:

(a)a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and

(b)a copy of the safe work method statement until the work to which it relates is completed.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(3)If a notifiable incident occurs in connection with the work to which the assessment or statement relates, the person must keep the assessment or statement (as applicable) for at least 2 years after the incident occurs.

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Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(4)The person must ensure that, for the period for which the assessment or statement must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out electrical work to which the assessment or statement relates.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(5)The person must ensure that, for the period for which the assessment or statement must be kept under this regulation, a copy is available for inspection under the Act.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

Division 5 - Electrical equipment and installations and construction work—additional duties

163 - Duty of person conducting business or undertaking

(1)A person conducting a business or undertaking that includes the carrying out of construction work must comply with AS/NZS 3012:2010 (Electrical installations—Construction and demolition sites).

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2)For the purposes of subregulation (1), AS/NZS 3012:2010 (Electrical installations—Construction and demolition sites) applies as if any term that is defined in that Standard and that is also defined in the Act or these Regulations has the same meaning as it has in the Act or these Regulations.

(3)If any requirement in AS/NZS 3012:2010 (Electrical installations—Construction and demolition sites) deals with the same matter as a requirement under this Part, it is sufficient that the person conducting the business or undertaking complies with the requirement in AS/NZS 3012:2010 as modified by subregulation (2).

Division 6 - Residual current devices

164 - Use of socket outlets in hostile operating environment

(1)This regulation applies in the following circumstances:

(a)electrical equipment is used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust;

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(b)electrical equipment is moved between different locations in circumstances where damage to the equipment or to a flexible electricity supply cord is reasonably likely;

(c)electrical equipment is frequently moved during its normal use;

(d)electrical equipment forms part of, or is used in connection with, an amusement device.

(2)In a circumstance set out in subregulation (1), a person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that any electrical risk associated with the supply of electricity to the electrical equipment through a socket outlet is minimised by the use of an appropriate residual current device.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(3)Without limiting subregulation (2), the residual current device must have a tripping current that does not exceed 30 milliamps if electricity is supplied to the equipment through a socket outlet not exceeding 20 amps.

(4)Subregulation (2) does not apply if the supply of electricity to the electrical equipment:

(a)does not exceed 50 volts alternating current; or

(b)is direct current; or

(c)is provided through an isolating transformer that provides at least an equivalent level of protection; or

(d)is provided from a non-earthed socket outlet supplied by an isolated winding portable generator that provides at least an equivalent level of protection.

Notes

1This regulation commences on 1 January 2013 (see regulation 2(2)).

2See the jurisdictional note in the Appendix.

165 - Testing of residual current devices

(1)A person with management or control of a workplace must take all reasonable steps to ensure that residual current devices used at the workplace are tested regularly by a competent person to ensure that the devices are operating effectively.

Maximum penalty:

In the case of an individual—$3 600.

In the case of a body corporate—$18 000.

(2)The person must keep a record of all testing of a residual current device (other than any testing conducted daily) until the earlier of the following occurs:

(a)the device is next tested;

(b)the device is permanently removed from use.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

Procedure 04 - Use of Electrical Devices

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Division 7 - Overhead and underground electric lines

166 - Duty of person conducting a business or undertaking

(1)A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2)If it is not reasonably practicable to ensure the safe distance of a person, plant or thing from an overhead or underground electric line, the person conducting the business or undertaking at the workplace must ensure that:

(a)a risk assessment is conducted in relation to the proposed work; and

(b)control measures implemented are consistent with:

(i)the risk assessment; and

(ii)if an electricity supply authority is responsible for the electric line, any requirements of the authority.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

Notes

1[Relevant electricity safety legislation] will also apply to the person conducting the business or undertaking.

2See the jurisdictional notes in the Appendix.

Defence People Policy, SafetyMan

Date of release: July 2017 Current as at: July 2017 UNCONTROLLED IF PRINTED

WORKING IN CONFINED SPACES PROCEDURE 05 – SELECTION OF PERSONNEL

1. This procedure provides guidance relating to SafetyMan - Working in Confined Spaces Policy and Guidance.

2. Confined space entry is not to be undertaken unless all personnel are trained and deemed competent to risk manage the identified hazards in the confined space. Personnel must have knowledge and experience in all aspects of confined space entry to recognise hazards, use safety equipment and enact emergency and rescue procedures.

Training and assessment

3. To be assessed as competent a worker must meet the training requirements specified in the Work Health and Safety Regulations 2011, Regulation 76 – Information, training and instruction for workers (Annex A), the approved Code of Practice - Confined Spaces and SafetyMan – Work Health and Safety Education, Awareness and Skilling Policy and Guidance.

4. Training must be relevant to the specific task and/or procedure to be undertaken and must include, but not be limited to:

4.1. hazard identification, risk assessment and control measure procedures;

4.2. physical, chemical and biological health and safety hazards likely to be encountered (including oxygen deficiency and its effects and symptoms, explosive atmospheres and the toxicological effects of chemicals);

4.3. calibration and operation of atmospheric sampling instruments and interpretation of atmospheric test results;

4.4. ventilation methods and equipment;

4.5. worksite preparation;

4.6. established health and safety work practices in the workplace including lock-out and isolation procedures;

4.7. communications procedures;

4.8. personal protective equipment selection, fitting, maintenance and storage;

4.9. correct use of air-supplied respiratory protective equipment;

4.10. suspension trauma implications;

4.11. fire protection and suppression;

4.12. the provisions of the relevant Regulations, the approved Codes of Practice, Standards and policies;

4.13. emergency entry and exit procedures in the workplace and relating to the confined space, including rescue drills and the use of safety equipment;

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4.14. first-aid procedures including cardio-pulmonary resuscitation;

4.15. procedures for the raising, authorisation and use of confined space work permits and the contents or any relevant entry permit; and

4.16. any other control measures for confined spaces.

5. A written record of training details and assessment against units of competency deemed necessary or appropriate by managing Groups and Services, is to be maintained for a minimum of two years.

Selection of personnel

6. Workers are to possess the aptitude and physical ability to undertake the type of tasks envisaged, given the nature of the confined space in which work is carried out.

7. All workers who may be involved with rescues in a confined space should be trained in first-aid to a level deemed appropriate based on the risk assessment of the work to be undertaken.

8. Training should be conducted by suitably qualified persons with knowledge and experience in all aspects of confined space entry including hazard recognition, use of safety equipment and the methods of rescue. In addition to initial/induction training, continuation or refresher training should be carried out at regular intervals and as close as practicable in time to commencing work in the confined space. Competency based training has a currency of two years.

9. The competence of workers involved in confined space operations is to be assessed on an ongoing basis as determined by a risk assessment by a confined space entry supervisor and workplace assessor. Particular attention should be paid when assessing the competence of workers who have not engaged in confined space entry work in the preceding 12 months. In such cases, the assessment should be documented and should cover all aspects of the initial training syllabus. This assessment may indicate that the worker needs to undergo further training which must be provided before the worker recommences duties in a confined space.

10. If workers undertaking confined space entry remain assessed as competent it may not be necessary to undertake approved competency based training every two years. Instead continual/refresher training undertaken at least annually within a workplace by a workplace assessor may be deemed appropriate.

11. Training and education programs should be evaluated and reviewed in consultation with workers or their representatives to ensure that the content is clearly understood and relevant to all persons associated with confined spaces in the Defence environment. Evaluation will determine if the overall objectives of the training programs have been achieved as well as whether further training is required.

References and related documents

12. Work Health and Safety Regulations 2011

13. Code of Practice - Confined Spaces

Annex

A. Work Health and Safety Regulations 2011, Regulation 76 – Information, training and instruction for workers

Procedure 05 - Selection of Personnel

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Annex A

Work Health and Safety Regulations 2011

Regulation 76 – Information, training and instruction for workers

(1)A person conducting a business or undertaking must ensure that relevant workers are provided with suitable and adequate information, training and instruction in relation to the following:

(a)the nature of all hazards relating to a confined space;

(b)the need for, and the appropriate use of, control measures to control risks to health and safety associated with those hazards;

(c)the selection, fit, use, wearing, testing, storage and maintenance of any personal protective equipment;

(d)the contents of any confined space entry permit that may be issued in relation to work carried out by the worker in a confined space;

(e)emergency procedures.

Maximum penalty:

In the case of an individual—$6 000.

In the case of a body corporate—$30 000.

(2) The person must ensure that a record of all training provided to a worker under this regulation is kept for 2 years.

Maximum penalty:

In the case of an individual—$1 250.

In the case of a body corporate—$6 000.

(3)In subregulation (1), relevant worker means:

(a)a worker who, in carrying out work for the business or undertaking, could:

(i)enter or work in a confined space; or

(ii)carry out any function in relation to work in a confined space or the emergency procedures established under regulation 74, but who is not required to enter the space; or

(b)any person supervising a worker referred to in paragraph (a).