Safety Legislation for Machinery Owners & Suppliers

Workplace Health and Safety Legislation in Australia is essentially a State & Territory responsibility, with Commonwealth Legislation in place to cover Commonwealth employees and certain National organisations.

 

There are fundamental requirements for plant & equipment safety that apply to all Australian jurisdictions, these are as follows:

Suppliers & Users of Plant must:

1.  Supply safe plant

2.  Provide information and training to assist in ensuring safe use of plant

3.  Apply the risk management principles in managing plant safety

4.  Follow the hazard identification, risk assessment & risk control process

5.  Ensure a safe system of work is in place relating to the use of plant

6.  Ensure safe systems of work consider plant, users, tasks and environment

 

The specific requirements of Australian WHS jurisdictions can be seen below.

Plant Assessor’s Plant Safety Guidance

Plant Assessor has a clear understanding of the legislative obligations relating to plant safety, as well as years of hands on experience in managing plant safety.

 

This knowledge and experience has been captured in our range of research papers and guides that aim to help plant suppliers and users develop simple, holistic safety management systems surrounding their operations.

 

This guidance is available here.

Plant Supplier Obligations (download pdf)
  • Mandatory Obligations

    • WHS Act (Sections 22 & 25) – The full Act can be viewed here.
    • WHS Regulation (Designers Reg. 187-192, Manufacturers Reg. 193-195, Suppliers Reg. 198-200)
      The full Regulations can be viewed here.
    • Members of the supply chain have a positive obligation to follow the hazard identification and risk assessment process and provide the resulting safety information to purchasers.
      The Act & Regulations also contain details of specific hazard control measures required for certain types of plant (eg. ROPS on tractors.)  Refer Regs. 205-226

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues.
    • Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      NSW codes of practice are available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
      Whilst there is a multitude of guidance material available, the Code of Practice “Managing Risks of Plant in the Workplace” is particularly useful as it covers plant supplier and user duties and is recommended reading click here.
      Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

      • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks. The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
      • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:

    AS4024 (series) – Safety of machinery

    AS 1418 (series) – Cranes, hoists and winches

    AS 2550 (series) – Cranes, hoists and winches – safe use

    AS 2294 (series) – Earth-moving machinery – Protective structures

    AS/NZS 2153 (series) – Tractors and Agricultural Machinery

    AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction

    AS/NZS 1200 (series) – Pressure Equipment

    Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant User Obligations (download pdf)
  • Mandatory Obligations

    • WHS Act (Sections 20 & 21) – The full Act can be viewed here.
      The full Regulations can be viewed here.
      Primary Duty of care 
      creates the primary duty to ensure as far as reasonably practicable provision of safe plant & structures, safe systems of work, information training and supervision.
    • WHS Act Section (Section 18)
      WHS Regulations (Reg. 32-38)
      As Far As Reasonably Practicable – the risk assessment process (identify hazards, assess risks, implement controls) is critical in determining what is reasonably practicable in providing safe plant, safe systems of work, information, training & supervision.
    • WHS Act (Section 19 (3)(f)
      WHS Regulations (Reg. 39)
      Provide Information, Training & Supervision – clarifies the positive obligation to ensure as far as reasonably practicable the provision of information, training & supervision necessary to protect all persons from risks to health.
    • WHS Act (Section 19 & 21)
      WHS Regulations (Reg 203-226)
      Plant Owners & Users Must:
      1.
      Follow the hazard identification, risk assessment and control process (Reg. 203 & 32-38)
      2. Ensure plant meets certain specific design and maintenance criteria (Reg. 205-226)
      3. Provide a safe environment – this includes following the hazard identification, risk assessment and control process (Reg. 32-38) for workplaces and tasks
      4. Provide instruction, training and supervision (Reg. 39) for users of plant and others
    • WHS Act (Section 42)
      WHS Regulations (Reg. 227-288 Sched. 5)
      Registered Plant – Additional Duties
      Registered Plant includes: certain lifting devices and attachments, pressure vessels, some amusement devices, prefabricated scaffold and formwork and concrete pumps (Schedule 5 parts 1 & 2) Suppliers and owner / users have additional obligations to inspect, test, keep records, register and inspect these plant items.
    • WHS Act (Section 18 & 19)
      WHS Regulations (Reg. 32-38, 39)
      Contractor & Subcontractor Management
      There is a fundamental obligation upon duty holders to ensure the safety of contractors and subcontractors.

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues.
      Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      NSW codes of practice are available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
      Whilst there is a multitude of guidance material available, the Code of Practice “Managing Risks of Plant in the Workplace” is particularly useful as it covers plant supplier and user duties and is recommended reading click here.
      Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

      • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks. The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
      • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:

    AS4024 (series) – Safety of machinery

    AS 1418 (series) – Cranes, hoists and winches

    AS 2550 (series) – Cranes, hoists and winches – safe use

    AS 2294 (series) – Earth-moving machinery – Protective structures

    AS/NZS 2153 (series) – Tractors and Agricultural Machinery

    AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction

    AS/NZS 1200 (series) – Pressure Equipment

    Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant Supplier Obligations (download pdf)
  • Mandatory Obligations

    • WHS Act (Sections 22 & 25) – The full Act can be viewed here.
    • WHS Regulation (Designers Reg. 187-192, Manufacturers Reg. 193-195, Suppliers Reg. 198-200) -The full Regulations can be viewed here.
    • Members of the supply chain have a positive obligation to follow the hazard identification and risk assessment process and provide the resulting safety information to purchasers. The Act & Regulations also contain details of specific hazard control measures required for certain types of plant (eg. ROPS on tractors.)  Refer Regs. 205-226

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues.
    • Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      ACT codes of practice are available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
    • Whilst there is a multitude of guidance material available, the Code of Practice “Managing Risks of Plant in the Workplace” is particularly useful as it covers plant supplier and user duties and is recommended reading click here.
      Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

      • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks. The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
      • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:

    AS4024 (series) – Safety of machinery

    AS 1418 (series) – Cranes, hoists and winches

    AS 2550 (series) – Cranes, hoists and winches – safe use

    AS 2294 (series) – Earth-moving machinery – Protective structures

    AS/NZS 2153 (series) – Tractors and Agricultural Machinery

    AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction

    AS/NZS 1200 (series) – Pressure Equipment

    Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant User Obligations (download pdf)
  • Mandatory Obligations

    • WHS Act (Sections 20 & 21) – The full Act can be viewed here.
      The full Regulations can be viewed here.
      Primary Duty of care: Primary Duty of Care creates the primary duty to ensure as far as reasonably practicable provision of safe plant & structures, safe systems of work, information training and supervision.
    • WHS Act Section 18
      WHS Regulations Reg. 32-38
      As Far As Reasonably Practicable: The risk assessment process (identify hazards, assess risks, implement controls) is critical in determining what is reasonably practicable in providing safe plant, safe systems of work, information, training & supervision.
    • WHS Act Section 19 (3)(f)
      WHS Regulation Reg. 39
      Provide Information, Training & Supervision: Clarifies the positive obligation to ensure as far as reasonably practicable the provision of information, training & supervision necessary to protect all persons from risks to health.
    • WHS Act Section 19 & 21
      WHS Regulations Reg. 203-226
      Plant Owners and Users Must:
      1. Follow the hazard identification, risk assessment and control process (Reg. 203 & 32-38)
      2. Ensure plant meets certain specific design and maintenance criteria (Reg. 205-226)
      3. Provide a safe environment – this includes following the hazard identification, risk assessment and control process (Reg. 32-38) for workplaces and tasks
      4. Provide instruction, training and supervision (Reg. 39) for users of plant and others
    • WHS Act Section 42
      WHS Regulations Reg. 227-288 Sched. 5
      Registered Plant – Additional Duties
      Registered Plant includes: certain lifting devices and attachments, pressure vessels, some amusement devices, prefabricated scaffold and formwork and concrete pumps (Schedule 5 parts 1 & 2) Suppliers and owner / users have additional obligations to inspect, test, keep records, register and inspect these plant items.
    • WHS Act Section 18 & 19
      WHS Regulations Reg. 32-38, 39
      Contractor & Subcontractor Management
      There is a fundamental obligation upon duty holders to ensure the safety of contractors and subcontractors.

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues. Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      ACT codes of practice are available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
      Whilst there is a multitude of guidance material available, the Code of Practice “Managing Risks of Plant in the Workplace” is particularly useful as it covers plant supplier and user duties and is recommended reading click here.
      Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

      • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks. The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
      • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:

    AS4024 (series) – Safety of machinery

    AS 1418 (series) – Cranes, hoists and winches

    AS 2550 (series) – Cranes, hoists and winches – safe use

    AS 2294 (series) – Earth-moving machinery – Protective structures

    AS/NZS 2153 (series) – Tractors and Agricultural Machinery

    AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction

    AS/NZS 1200 (series) – Pressure Equipment

    Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant Supplier Obligations (download pdf)
  • Mandatory Obligations

    • OHS Act Sections 27,29-31. – The full Act can be viewed here.
    • OHS Regulation 2007. (Designers Reg. 3.5.3-3.5.11, Manufacturers Reg. 3.5.12-3.5.14, Suppliers Reg. 3.5.15-3.5.21) – The full Regulations can be viewed here.
    • Members of the supply chain have a positive obligation to follow the hazard identification and risk assessment process and provide the resulting safety information to purchasers. The Act & Regulations also contain details of specific hazard control measures required for certain types of plant (eg. ROPS on tractors). Refer Regs. 3.5.23-3.5.43

  • Regulator Guidance Material

    • The Safety Regulator for each jurisdiction issues guidance material on specific safety issues. Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      A catalogue of Victorian compliance codes are available here.
      WorkSafe Victoria has been a prolific issuer of guidance material, a catalogue of which is available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
    • Whilst there is a multitude of guidance material available, the Plant Code of Practice (1995) is a valuable guide to managing plant safety. It covers plant supplier and user duties and is recommended reading. Note – the nunmbered references to the Regulation in this document have not been updated to the latest (2007) regulations.
      Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

      • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks. The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
      • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:

    AS4024 (series) – Safety of machinery

    AS 1418 (series) – Cranes, hoists and winches

    AS 2550 (series) – Cranes, hoists and winches – safe use

    AS 2294 (series) – Earth-moving machinery – Protective structures

    AS/NZS 2153 (series) – Tractors and Agricultural Machinery

    AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction

    AS/NZS 1200 (series) – Pressure Equipment

    Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant User Obligations (download pdf)
  • Mandatory Obligations

    • OHS Act  2004 (Sections 20 & 21) – The full Act can be viewed here.
      The full Regulations can be viewed here.
      Primary Duty of care: Primary Duty of Care creates the primary duty to ensure as far as reasonably practicable provision of safe plant & structures, safe systems of work, information training and supervision.
    • OHS Act 2004 (Section 21 (2)(b)
      OHS Regulations 2007 (Reg. 3.5.23-3.5.24)
      As Far As Reasonably Practicable: The risk assessment process (identify hazards, assess risks, implement controls) is critical in determining what is reasonably practicable in providing safe plant, safe systems of work, information, training & supervision.
    • OHS Act 2004 (Section 21 (2)(e)
      OHS Regulations 2007 Reg. 2.1.2 & 3.5.45)
      Provide Information, Training & Supervision: Clarifies the positive obligation to ensure as far as reasonably practicable the provision of information, training & supervision necessary to protect all persons from risks to health.
    • OHS Act 2004 (Section 20)
      OHS Regulations 2007 (Reg. 3.5.23-3.5.24, Reg. 3.5.25-3.5.43, Reg. 2.1.2 & 3.5.45)
      Plant Owners and Users Must:
      1. Follow the hazard identification, risk assessment and control process (Reg. 203 & 32-38)
      2. Ensure plant meets certain specific design and maintenance criteria (Reg. 205-226)
      3. Provide a safe environment – this includes following the hazard identification, risk assessment and control process (Reg. 32-38) for workplaces and tasks
      4. Provide instruction, training and supervision (Reg. 39) for users of plant and others
    • OHS Regulations 2007 (Reg. 3.5.47-3.5.51)
      Registered Plant – Additional Duties
      Registered Plant includes: certain lifting devices and attachments, pressure vessels, some amusement devices, prefabricated scaffold and formwork and concrete pumps (Schedule 5 parts 1 & 2) Suppliers and owner / users have additional obligations to inspect, test, keep records, register and inspect these plant items.
    • OHS Act 2004 (Section 20,21 & 23)
      OHS Regulations 2007 (Reg. 3.5.23-3.5.24)
      Contractor & Subcontractor Management
      There is a fundamental obligation upon duty holders to ensure the safety of contractors and subcontractors.

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues. Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      A catalogue of Victorian compliance codes are available here.
      WorkSafe Victoria has been a prolific issuer of guidance material, a catalogue of which is available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
      Whilst there is a multitude of guidance material available, the Plant Code of Practice (1995) is a valuable guide to managing plant safety. It covers plant supplier and user duties and is recommended reading. Note – the nunmbered references to the Regulation in this document have not been updated to the latest (2007) regulations.
      Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

      • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks. The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
      • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:

    AS4024 (series) – Safety of machinery

    AS 1418 (series) – Cranes, hoists and winches

    AS 2550 (series) – Cranes, hoists and winches – safe use

    AS 2294 (series) – Earth-moving machinery – Protective structures

    AS/NZS 2153 (series) – Tractors and Agricultural Machinery

    AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction

    AS/NZS 1200 (series) – Pressure Equipment

    Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant Supplier Obligations (download pdf)
  • Mandatory Obligations

    • WHS Act (Sections 22 & 25) – The full Act can be viewed here.
    • WHS Regulations (Designers Reg. 187-192, Manufacturers Reg. 193-195, Suppliers Reg. 198-200)
      The full Regulations can be viewed here.
    • Members of the supply chain have a positive obligation to follow the hazard identification and risk assessment process and provide the resulting safety information to purchasers.
      The Act & Regulations also contain details of specific hazard control measures required for certain types of plant (eg. ROPS on tractors). Refer Regs. 205-226

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues.
      Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      Queensland codes of practice are available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
      Whilst there is a multitude of guidance material available, the Code of Practice “Managing Risks of Plant in the Workplace” is particularly useful as it covers plant supplier and user duties and is recommended reading click here.
      Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

    • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks.
      The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
    • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:
      AS 4024 (series) – Safety of machinery
      AS 1418 (series) – Cranes, hoists and winches
      AS 2550 (series) – Cranes, hoists and winches – safe use
      AS 2294 (series) – Earth-moving machinery – Protective structures
      AS/NZS 2153 (series) – Tractors and Agricultural Machinery
      AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction
      AS/NZS 1200 (series) – Pressure Equipment
      Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant User Obligations (download pdf)
  • Mandatory Obligations

    • WHS Act (Sections 20 & 21) – The full Act can be viewed here.
      The full Regulations can be viewed here.
      Primary Duty of care 
      creates the primary duty to ensure as far as reasonably practicable provision of safe plant & structures, safe systems of work, information training and supervision.
    • WHS Act Section (Section 18)
      WHS Regulations (Reg. 32-38)
      As Far As Reasonably Practicable – the risk assessment process (identify hazards, assess risks, implement controls) is critical in determining what is reasonably practicable in providing safe plant, safe systems of work, information, training & supervision.
    • WHS Act (Section 19 (3)(f)
      WHS Regulations (Reg. 39)
      Provide Information, Training & Supervision – clarifies the positive obligation to ensure as far as reasonably practicable the provision of information, training & supervision necessary to protect all persons from risks to health.
    • WHS Act (Section 19 & 21)
      WHS Regulations (Reg 203-226)
      Plant Owners & Users Must:
      1.
      Follow the hazard identification, risk assessment and control process (Reg. 203 & 32-38)
      2. Ensure plant meets certain specific design and maintenance criteria (Reg. 205-226)
      3. Provide a safe environment – this includes following the hazard identification, risk assessment and control process (Reg. 32-38) for workplaces and tasks
      4. Provide instruction, training and supervision (Reg. 39) for users of plant and others
    • WHS Act (Section 42)
      WHS Regulations (Reg. 227-288 Sched. 5)
      Registered Plant – Additional Duties
      Registered Plant includes: certain lifting devices and attachments, pressure vessels, some amusement devices, prefabricated scaffold and formwork and concrete pumps (Schedule 5 parts 1 & 2) Suppliers and owner / users have additional obligations to inspect, test, keep records, register and inspect these plant items.
    • WHS Act (Section 18 & 19)
      WHS Regulations (Reg. 32-38, 39)
      Contractor & Subcontractor Management
      There is a fundamental obligation upon duty holders to ensure the safety of contractors and subcontractors.

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues.
      Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      Queensland codes of practice are available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
      Whilst there is a multitude of guidance material available, the Code of Practice “Managing Risks of Plant in the Workplace” is particularly useful as it covers plant supplier and user duties and is recommended reading click here.
      Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

    • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks.
      The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
    • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:
      AS 4024 (series) – Safety of machinery
      AS 1418 (series) – Cranes, hoists and winches
      AS 2550 (series) – Cranes, hoists and winches – safe use
      AS 2294 (series) – Earth-moving machinery – Protective structures
      AS/NZS 2153 (series) – Tractors and Agricultural Machinery
      AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction
      AS/NZS 1200 (series) – Pressure Equipment

    Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant Supplier Obligations (download pdf)
  • Mandatory Obligations

    • WHS Act (Sections 22 & 25) – The full Act can be viewed here.
    • WHS Regulations (Designers Reg. 187-192, Manufacturers Reg. 193-195, Suppliers Reg. 198-200)
      – The full Regulations can be viewed here.
    • Members of the supply chain have a positive obligation to follow the hazard identification and risk assessment process and provide the resulting safety information to purchasers.
      The Act & Regulations also contain details of specific hazard control measures required for certain types of plant (eg. ROPS on tractors). Refer Regs. 205-226

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues.
      Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      South Australia codes of practice are available here.
      SafeWork SA’s plant safety page here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
      Whilst there is a multitude of guidance material available, the Code of Practice “Managing Risks of Plant in the Workplace” is particularly useful as it covers plant supplier and user duties and is recommended reading click here.
      Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

    • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks.
      The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
    • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:
      AS 4024 (series) – Safety of machinery
      AS 1418 (series) – Cranes, hoists and winches
      AS 2550 (series) – Cranes, hoists and winches – safe use
      AS 2294 (series) – Earth-moving machinery – Protective structures
      AS/NZS 2153 (series) – Tractors and Agricultural Machinery
      AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction
      AS/NZS 1200 (series) – Pressure Equipment

    Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant User Obligations (download pdf)
  • Mandatory Obligations

    • WHS Act (Sections 20 & 21) – The full Act can be viewed here.
      The full Regulations can be viewed here.
      Primary Duty of care 
      creates the primary duty to ensure as far as reasonably practicable provision of safe plant & structures, safe systems of work, information training and supervision.
    • WHS Act Section (Section 18)
      WHS Regulations (Reg. 32-38)
      As Far As Reasonably Practicable – the risk assessment process (identify hazards, assess risks, implement controls) is critical in determining what is reasonably practicable in providing safe plant, safe systems of work, information, training & supervision.
    • WHS Act (Section 19 (3)(f)
      WHS Regulations (Reg. 39)
      Provide Information, Training & Supervision – clarifies the positive obligation to ensure as far as reasonably practicable the provision of information, training & supervision necessary to protect all persons from risks to health.
    • WHS Act (Section 19 & 21)
      WHS Regulations (Reg 203-226)
      Plant Owners & Users Must:
      1.
      Follow the hazard identification, risk assessment and control process (Reg. 203 & 32-38)
      2. Ensure plant meets certain specific design and maintenance criteria (Reg. 205-226)
      3. Provide a safe environment – this includes following the hazard identification, risk assessment and control process (Reg. 32-38) for workplaces and tasks
      4. Provide instruction, training and supervision (Reg. 39) for users of plant and others
    • WHS Act (Section 42)
      WHS Regulations (Reg. 227-288 Sched. 5)
      Registered Plant – Additional Duties
      Registered Plant includes: certain lifting devices and attachments, pressure vessels, some amusement devices, prefabricated scaffold and formwork and concrete pumps (Schedule 5 parts 1 & 2) Suppliers and owner / users have additional obligations to inspect, test, keep records, register and inspect these plant items.
    • WHS Act (Section 18 & 19)
      WHS Regulations (Reg. 32-38, 39)
      Contractor & Subcontractor Management
      There is a fundamental obligation upon duty holders to ensure the safety of contractors and subcontractors.

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues.
      Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      South Australia codes of practice are available here.
      Further guidance material is available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
      Whilst there is a multitude of guidance material available, the Code of Practice “Managing Risks of Plant in the Workplace” is particularly useful as it covers plant supplier and user duties and is recommended reading click here.
      Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

    • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks.
      The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
    • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:
      AS 4024 (series) – Safety of machinery
      AS 1418 (series) – Cranes, hoists and winches
      AS 2550 (series) – Cranes, hoists and winches – safe use
      AS 2294 (series) – Earth-moving machinery – Protective structures
      AS/NZS 2153 (series) – Tractors and Agricultural Machinery
      AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction
      AS/NZS 1200 (series) – Pressure Equipment

    Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant Supplier Obligations (download pdf)
  • Mandatory Obligations

    • WHS Act (Sections 22 & 25) – The full Act can be viewed here.
    • WHS Regulations (Designers Reg. 187-192, Manufacturers Reg. 193-195, Suppliers Reg. 198-200)
      – The full Regulations can be viewed here.
    • Members of the supply chain have a positive obligation to follow the hazard identification and risk assessment process and provide the resulting safety information to purchasers.
      The Act & Regulations also contain details of specific hazard control measures required for certain types of plant (eg. ROPS on tractors). Refer Regs. 205-226

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues.
      Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      Northern Territory codes of practice are available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
      Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

    • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks.
      The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
    • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:
      AS 4024 (series) – Safety of machinery
      AS 1418 (series) – Cranes, hoists and winches
      AS 2550 (series) – Cranes, hoists and winches – safe use
      AS 2294 (series) – Earth-moving machinery – Protective structures
      AS/NZS 2153 (series) – Tractors and Agricultural Machinery
      AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction
      AS/NZS 1200 (series) – Pressure Equipment

    Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant User Obligations (download pdf)
  • Mandatory Obligations

    • WHS Act (Sections 20 & 21) – The full Act can be viewed here.
      The full Regulations can be viewed here.
      Primary Duty of care 
      creates the primary duty to ensure as far as reasonably practicable provision of safe plant & structures, safe systems of work, information training and supervision.
    • WHS Act Section (Section 18)
      WHS Regulations (Reg. 32-38)
      As Far As Reasonably Practicable – the risk assessment process (identify hazards, assess risks, implement controls) is critical in determining what is reasonably practicable in providing safe plant, safe systems of work, information, training & supervision.
    • WHS Act (Section 19 (3)(f)
      WHS Regulations (Reg. 39)
      Provide Information, Training & Supervision – clarifies the positive obligation to ensure as far as reasonably practicable the provision of information, training & supervision necessary to protect all persons from risks to health.
    • WHS Act (Section 19 & 21)
      WHS Regulations (Reg 203-226)
      Plant Owners & Users Must:
      1.
      Follow the hazard identification, risk assessment and control process (Reg. 203 & 32-38)
      2. Ensure plant meets certain specific design and maintenance criteria (Reg. 205-226)
      3. Provide a safe environment – this includes following the hazard identification, risk assessment and control process (Reg. 32-38) for workplaces and tasks
      4. Provide instruction, training and supervision (Reg. 39) for users of plant and others
    • WHS Act (Section 42)
      WHS Regulations (Reg. 227-288 Sched. 5)
      Registered Plant – Additional Duties
      Registered Plant includes: certain lifting devices and attachments, pressure vessels, some amusement devices, prefabricated scaffold and formwork and concrete pumps (Schedule 5 parts 1 & 2) Suppliers and owner / users have additional obligations to inspect, test, keep records, register and inspect these plant items.
    • WHS Act (Section 18 & 19)
      WHS Regulations (Reg. 32-38, 39)
      Contractor & Subcontractor Management
      There is a fundamental obligation upon duty holders to ensure the safety of contractors and subcontractors.

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues.
      Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      Northern Territory codes of practice are available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
      Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

    • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks.
      The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
    • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:
      AS 4024 (series) – Safety of machinery
      AS 1418 (series) – Cranes, hoists and winches
      AS 2550 (series) – Cranes, hoists and winches – safe use
      AS 2294 (series) – Earth-moving machinery – Protective structures
      AS/NZS 2153 (series) – Tractors and Agricultural Machinery
      AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction
      AS/NZS 1200 (series) – Pressure Equipment

    Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant Supplier Obligations (download pdf)
  • Mandatory Obligations

    • WHS Act (Sections 22 & 25) – The full Act can be viewed here.
    • WHS Regulations (Designers Reg. 187-192, Manufacturers Reg. 193-195, Suppliers Reg. 198-200,)  The full Regulations can be viewed here.
    • Members of the supply chain have a positive obligation to follow the hazard identification and risk assessment process and provide the resulting safety information to purchasers.
      The Act & Regulations also contain details of specific hazard control measures required for certain types of plant (eg. ROPS on tractors). Refer Regs. 4.43-4.57

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues.
      Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      Western Australia codes of practice are available here.
      A catalogue of Western Australia guidance material is available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
      Whilst there is a multitude of guidance material available, the following documents are particularly useful as they cover plant supplier and user duties and are recommended reading:
    1. Code of Practice “Safeguarding of Machinery and Plant 2009”
    2. Plant in the Workplace: Making it safe: A guide for employers, self-employed persons and employees
    3. Machinery and equipment safety – An introduction

    Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

    • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks.
      The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
    • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:
      AS 4024 (series) – Safety of machinery
      AS 1418 (series) – Cranes, hoists and winches
      AS 2550 (series) – Cranes, hoists and winches – safe use
      AS 2294 (series) – Earth-moving machinery – Protective structures
      AS/NZS 2153 (series) – Tractors and Agricultural Machinery
      AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction
      AS/NZS 1200 (series) – Pressure Equipment

    Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant User Obligations (download pdf)
  • Mandatory Obligations

    • OHS Act (Section 19) – The full Act can be viewed here.
      OHS Regulations (Reg. 3.1)
      – The full Regulations can be viewed here.
      Primary Duty of care 
      creates the primary duty to ensure as far as reasonably practicable provision of safe plant & structures, safe systems of work, information training and supervision.
    • OHS Act (Section 3)
      OHS Regulations (Reg. 3.1, 4.28, 4.29, 4.37)
      As Far As Reasonably Practicable – the risk assessment process (identify hazards, assess risks, implement controls) is critical in determining what is reasonably practicable in providing safe plant, safe systems of work, information, training & supervision.
    • OHS Act (Section 19)
      OHS Regulations (Reg. 3.1, 4.28, 4.29, 4.34)
      Provide Information, Training & Supervision – clarifies the positive obligation to ensure as far as reasonably practicable the provision of information, training & supervision necessary to protect all persons from risks to health.
    • OHS Act (Reg. 3.1, 4.28, 4.29, 4.37 Reg. 4.43 – 4.57 Reg. 4.34)
      Plant Owners & Users Must:
      1. Follow the hazard identification, risk assessment and control process (Reg. 3.5.23-3.5.24)
      2. Ensure plant meets certain specific design and maintenance criteria (Reg. 3.5.25-3.5.43)
      3. Provide a safe environment – this includes following the hazard identification, risk assessment and control process (Reg. 3.5.23-3.5.24) for workplaces and tasks
      4. Provide instruction, training and supervision (Reg. 2.1.2 & 3.5.45) for users of plant and others
    • OHS Act (Reg. 4.2 – 4.21A1 Sched. 4.1)
      Registered Plant – Additional Duties
      Registered Plant includes: certain lifting devices and attachments, pressure vessels, some amusement devices, prefabricated scaffold and formwork and concrete pumps (Schedule 5 parts 1 & 2) Suppliers and owner / users have additional obligations to inspect, test, keep records, register and inspect these plant items.
    • OHS Act (Section 19, 21(2) 23D)
      Contractor & Subcontractor Management
      There is a fundamental obligation upon duty holders to ensure the safety of contractors and subcontractors.

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues.
      Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      Western Australia codes of practice are available here.
      A catalogue of Western Australia guidance material is available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
      Whilst there is a multitude of guidance material available, the Code of Practice “Managing Risks of Plant in the Workplace” is particularly useful as it covers plant supplier and user duties and is recommended reading:
    1. Code of Practice “Safeguarding of Machinery and Plant 2009”
    2. Plant in the Workplace: Making it safe: A guide for employers, self-employed persons and employees
    3. Machinery and equipment safety – An introduction

    Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

    • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks.
      The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
    • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:
      AS 4024 (series) – Safety of machinery
      AS 1418 (series) – Cranes, hoists and winches
      AS 2550 (series) – Cranes, hoists and winches – safe use
      AS 2294 (series) – Earth-moving machinery – Protective structures
      AS/NZS 2153 (series) – Tractors and Agricultural Machinery
      AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction
      AS/NZS 1200 (series) – Pressure Equipment

    Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant Supplier Obligations (download pdf)
  • Mandatory Obligations

    • WHS Act (Sections 22 & 25) – The full Act can be viewed here.
    • WHS Regulations (Designers Reg. 187-192, Manufacturers Reg. 193-195, Suppliers Reg. 198-200)
      – The full Regulations can be viewed here.
    • Members of the supply chain have a positive obligation to follow the hazard identification and risk assessment process and provide the resulting safety information to purchasers.
      The Act & Regulations also contain details of specific hazard control measures required for certain types of plant (eg. ROPS on tractors). Refer Regs. 205-226

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues.
      Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      Tasmania codes of practice are available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
      Whilst there is a multitude of guidance material available, the Code of Practice “Managing Risks of Plant in the Workplace” is particularly useful as it covers plant supplier and user duties and is recommended reading click here.
      Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

    • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks.
      The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
    • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:
      AS 4024 (series) – Safety of machinery
      AS 1418 (series) – Cranes, hoists and winches
      AS 2550 (series) – Cranes, hoists and winches – safe use
      AS 2294 (series) – Earth-moving machinery – Protective structures
      AS/NZS 2153 (series) – Tractors and Agricultural Machinery
      AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction
      AS/NZS 1200 (series) – Pressure Equipment

    Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant User Obligations (download pdf)
  • Mandatory Obligations

    • WHS Act (Sections 20 & 21) – The full Act can be viewed here.
      – The full Regulations can be viewed here.
      Primary Duty of care 
      creates the primary duty to ensure as far as reasonably practicable provision of safe plant & structures, safe systems of work, information training and supervision.
    • WHS Act Section (Section 18)
      WHS Regulations (Reg. 32-38)
      As Far As Reasonably Practicable – the risk assessment process (identify hazards, assess risks, implement controls) is critical in determining what is reasonably practicable in providing safe plant, safe systems of work, information, training & supervision.
    • WHS Act (Section 19 (3)(f)
      WHS Regulations (Reg. 39)
      Provide Information, Training & Supervision – clarifies the positive obligation to ensure as far as reasonably practicable the provision of information, training & supervision necessary to protect all persons from risks to health.
    • WHS Act (Section 19 & 21)
      WHS Regulations (Reg 203-226)
      Plant Owners & Users Must:
      1.
      Follow the hazard identification, risk assessment and control process (Reg. 203 & 32-38)
      2. Ensure plant meets certain specific design and maintenance criteria (Reg. 205-226)
      3. Provide a safe environment – this includes following the hazard identification, risk assessment and control process (Reg. 32-38) for workplaces and tasks
      4. Provide instruction, training and supervision (Reg. 39) for users of plant and others
    • WHS Act (Section 42)
      WHS Regulations (Reg. 227-288 Sched. 5)
      Registered Plant – Additional Duties
      Registered Plant includes: certain lifting devices and attachments, pressure vessels, some amusement devices, prefabricated scaffold and formwork and concrete pumps (Schedule 5 parts 1 & 2) Suppliers and owner / users have additional obligations to inspect, test, keep records, register and inspect these plant items.
    • WHS Act (Section 18 & 19)
      WHS Regulations (Reg. 32-38, 39)
      Contractor & Subcontractor Management
      There is a fundamental obligation upon duty holders to ensure the safety of contractors and subcontractors.

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues.
      Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      Tasmania codes of practice are available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
      Whilst there is a multitude of guidance material available, the Code of Practice “Managing Risks of Plant in the Workplace” is particularly useful as it covers plant supplier and user duties and is recommended reading click here.
      Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

    • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks.
      The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
    • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:
      AS 4024 (series) – Safety of machinery
      AS 1418 (series) – Cranes, hoists and winches
      AS 2550 (series) – Cranes, hoists and winches – safe use
      AS 2294 (series) – Earth-moving machinery – Protective structures
      AS/NZS 2153 (series) – Tractors and Agricultural Machinery
      AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction
      AS/NZS 1200 (series) – Pressure Equipment

    Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant Supplier Obligations (download pdf)
  • Mandatory Obligations

    • WHS Act (Sections 22 & 25) – The full Act can be viewed here.
    • WHS Regulations (Designers Reg. 187-192, Manufacturers Reg. 193-195, Suppliers Reg. 198-200)
      – The full Regulations can be viewed here.
    • Members of the supply chain have a positive obligation to follow the hazard identification and risk assessment process and provide the resulting safety information to purchasers.
      The Act & Regulations also contain details of specific hazard control measures required for certain types of plant (eg. ROPS on tractors). Refer Regs. 205-226

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues.
      Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      Commonwealth codes of practice are available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
      Whilst there is a multitude of guidance material available, the Code of Practice “Managing Risks of Plant in the Workplace” is particularly useful as it covers plant supplier and user duties and is recommended reading click here.
      Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

    • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks.
      The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
    • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:
      AS 4024 (series) – Safety of machinery
      AS 1418 (series) – Cranes, hoists and winches
      AS 2550 (series) – Cranes, hoists and winches – safe use
      AS 2294 (series) – Earth-moving machinery – Protective structures
      AS/NZS 2153 (series) – Tractors and Agricultural Machinery
      AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction
      AS/NZS 1200 (series) – Pressure Equipment

    Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

Plant User Obligations (download pdf)
  • Mandatory Obligations

    • WHS Act (Sections 20 & 21) – view full act, view full regulations
      Primary Duty of care – 
      creates the primary duty to ensure as far as reasonably practicable provision of safe plant & structures, safe systems of work, information training and supervision.
    • WHS Act Section (Section 18)
      WHS Regulations (Reg. 32-38)
      As Far As Reasonably Practicable – the risk assessment process (identify hazards, assess risks, implement controls) is critical in determining what is reasonably practicable in providing safe plant, safe systems of work, information, training & supervision.
    • WHS Act (Section 19 (3)(f)
      WHS Regulations (Reg. 39)
      Provide Information, Training & Supervision – clarifies the positive obligation to ensure as far as reasonably practicable the provision of information, training & supervision necessary to protect all persons from risks to health.
    • WHS Act (Section 19 & 21)
      WHS Regulations (Reg 203-226)
      Plant Owners & Users Must:
      1.
      Follow the hazard identification, risk assessment and control process (Reg. 203 & 32-38)
      2. Ensure plant meets certain specific design and maintenance criteria (Reg. 205-226)
      3. Provide a safe environment – this includes following the hazard identification, risk assessment and control process (Reg. 32-38) for workplaces and tasks
      4. Provide instruction, training and supervision (Reg. 39) for users of plant and others
    • WHS Act (Section 42)
      WHS Regulations (Reg. 227-288 Sched. 5)
      Registered Plant – Additional Duties
      Registered Plant includes: certain lifting devices and attachments, pressure vessels, some amusement devices, prefabricated scaffold and formwork and concrete pumps (Schedule 5 parts 1 & 2) Suppliers and owner / users have additional obligations to inspect, test, keep records, register and inspect these plant items.
    • WHS Act (Section 18 & 19)
      WHS Regulations (Reg. 32-38, 39)
      Contractor & Subcontractor Management
      There is a fundamental obligation upon duty holders to ensure the safety of contractors and subcontractors.

  • Regulator Guidance Material

    • The WHS Regulator issues guidance material on specific safety issues.
      Guidance materials are designed to elaborate on HOW to satisfy the obligations set down by the legislation. Guidance covers a very broad variety of topics such as excavation work, hazard identification & risk assessment, various specific plant & equipment issues etc.
      Commonwealth codes of practice are available here.
    • Following regulator guidance is not mandatory; however failure to meet or exceed the guidance may be used in a prosecution as evidence of a failure to satisfy “duty of care” obligations.
      Whilst there is a multitude of guidance material available, the Code of Practice “Managing Risks of Plant in the Workplace” is particularly useful as it covers plant supplier and user duties and is recommended reading click here.
      Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.

  • Industry Knowledge

    • There is an underlying requirement in the WHS legislation that duty holders must be conscious of the existence and further development of “industry knowledge” relating to management of safety hazards and risks.
      The most well-known examples of industry knowledge are Australian and International Standards; however industry knowledge can be contained in a multitude of medium, including for example industry association publications.
    • This is probably the most difficult information for duty holders to keep abreast of. Examples of some highly important Australian Standards relating to plant include:
      AS 4024 (series) – Safety of machinery
      AS 1418 (series) – Cranes, hoists and winches
      AS 2550 (series) – Cranes, hoists and winches – safe use
      AS 2294 (series) – Earth-moving machinery – Protective structures
      AS/NZS 2153 (series) – Tractors and Agricultural Machinery
      AS 1657 – Fixed platforms, walkways, stairways & ladders – design & construction
      AS/NZS 1200 (series) – Pressure Equipment
      Plant Assessor condenses all of the relevant requirements of standards and applies them against specific plant types in the context of a plant hazard assessment.

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