Safety Legislation and Obligations
For machinery owners and 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. To ensure your machinery compliance, there are fundamental requirements for plant & equipment safety that apply to all Australian jurisdictions.
Suppliers & Users of Plant must:
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Supply safe plant and machinery
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Provide information and training to assist in ensuring safe use of plant and machinery
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Apply the risk management principles in managing plant safety
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Follow the hazard identification, risk assessment & risk control process
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Ensure a safe system of work is in place relating to the use of plant
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Ensure safe systems of work consider plant, users, tasks and environment
The legislation and user/owner obligations apply to both mobile plant and machinery as well as fixed plant & machinery.
Plant Supplier obligations by State
Click on each state or territory below to read specific requirements of Australian WHS jurisdictions.
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New South Wales
NSW Plant Supplier Obligations (download pdf)
Mandatory Obligations
View the full Act - WHS Act (Sections 22 & 25)
View the full Regulations - WHS Regulation (Designers Reg. 187-192, Manufacturers Reg. 193-195, Suppliers Reg. 198-200)
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.
View the NSW codes of practice
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 to read.
Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.
Industry KnowledgeThere 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.
-
Australian Capital Territory
ACT Plant Supplier Obligations
(download pdf)
Mandatory ObligationsView the full Act - WHS Act (Sections 22 & 25)
View the full Regulations - WHS Regulation (Designers Reg. 187-192, Manufacturers Reg. 193-195, Suppliers Reg. 198-200)
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.
View the ACT codes of practice.
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 to read.
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. -
Victoria
VIC Plant Supplier Obligations
(download pdf)
Mandatory ObligationsView the full Act - OHS Act Sections 27,29-31
View the full Regulations - Occupational Health and Safety Regulations 2017 (Designers Reg. 76 – 84 Manufacturers Reg. 85 – 87 Suppliers Reg. 88 – 95)
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. 92, 97 – 120.
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.
View a catalogue of Victorian compliance codes and codes of practice.
WorkSafe Victoria has been a prolific issuer of guidance material.
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 (2019) is a valuable guide to managing plant safety. It covers plant supplier and user duties and is recommended reading. Note – the numbered references to the Regulation in this document have not been updated to the latest (2018) 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. -
Queensland
QLD Plant Supplier Obligations (download pdf)
Mandatory ObligationsView the full WHS Act (Sections 22 & 25)
View the full WHS Regulations (Designers Reg. 187-192, Manufacturers Reg. 193-195, Suppliers Reg. 198-200)
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.
View the full Queensland codes of practice.
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 a recommended read.
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. -
South Australia
SA Plant Supplier Obligations
(download pdf)
Mandatory ObligationsView the full WHS Act (Sections 22 & 25)
View the full WHS Regulations (Designers Reg. 187-192, Manufacturers Reg. 193-195, Suppliers Reg. 198-200)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.
View the South Australia codes of practice.
View information on SafeWork SA plant safety.
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 a recommended read.
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. -
Northern Territory
NT Plant Supplier Obligations
(download pdf)
Mandatory ObligationsView the full WHS Act (Sections 22 & 25)
View the full WHS Regulations (Designers Reg. 187-192, Manufacturers Reg. 193-195, Suppliers Reg. 198-200)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.
View the Northern Territory codes of practice.
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.
-
Western Australia
WA Plant Supplier Obligations
(download pdf)
Mandatory ObligationsView the full WHS Act 2020 (Sections 22 & 25)
View the full WHS Regulations (Designers Reg. 187-192, Manufacturers Reg. 193-195, Suppliers Reg. 198-200)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.
View the Western Australia codes of practice.
View a catalogue of Western Australia guidance.
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:
Code of Practice “Safeguarding of Machinery and Plant 2009”
Managing risks of plant in the workplace
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. -
Tasmania
TAS Plant Supplier Obligations
(download pdf)
Mandatory ObligationsView in full - WHS Act (Sections 22 & 25)
View in full - WHS Regulations (Designers Reg. 187-192, Manufacturers Reg. 193-195, Suppliers Reg. 198-200)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.
View the Tasmanian codes of practice.
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 to read.
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.
-
Commonwealth
Commonwealth Plant Supplier Obligations
(download pdf)
Mandatory ObligationsView the full WHS Act (Sections 22 & 25)
View the full WHS Regulations (Designers Reg. 187-192, Manufacturers Reg. 193-195, Suppliers Reg. 198-200)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.
View the Commonwealth codes of practice.
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 a recommended read.
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 by State
Click on each state or territory below to read specific requirements of Australian WHS jurisdictions.
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New South Wales
NSW Plant User Obligations
(download pdf)Mandatory Obligations
View the full Act - WHS Act (Sections 20 & 21)
View the 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 othersWHS 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.
View the NSW codes of practice
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 to read.
Plant Assessor applies the specific requirements of relevant guidance material in the context of a plant hazard assessment.
Industry KnowledgeThere 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.
-
Australian Capital Territory
ACT Plant User Obligations
(download pdf)
Mandatory ObligationsWHS 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 othersWHS 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.
-
Victoria
VIC Plant User Obligations
(download pdf)
Mandatory ObligationsView the Vic OHS Act 2004 (Sections 20 & 21).
View the full Vic Regulations.
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 2017 (Reg. 97-98)
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 2017 (Reg. 122)
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 2017 (Reg. 97-98, 99-120, 122)
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 othersOHS Regulations 2017 (Reg. 125-127)
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 2017 (Reg. 97-98)
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.
View a catalogue of Victorian compliance codes and codes of practice.WorkSafe Victoria has been a prolific issuer of guidance material, which is recommended reading.
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 (2018) 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. -
Queensland
QLD Plant User Obligations
(download pdf)
Mandatory ObligationsRead the full QLD WHS Act (Sections 20 & 21).
Read the full QLD 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 othersWHS 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.
Read the Queensland codes of practice.
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 QLD 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.
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.
-
South Australia
SA Plant User Obligations
(download pdf)
Mandatory ObligationsRead the full SA WHS Act (Sections 20 & 21).
Read the full SA 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 othersWHS 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.
Read the full South Australia codes of practice.
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.
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.
-
Northern Territory
NT Plant User Obligations
(download pdf)
Mandatory ObligationsView the full WHS Act (Sections 20 & 21)
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 othersWHS 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.
View the Northern Territory codes of practice.
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.
-
Western Australia
WA Plant User Obligations
(download pdf)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.
Read the Western Australia codes of practice.
Read a catalogue of Western Australian guidance material.
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:
Code of Practice “Safeguarding of Machinery and Plant 2009”
Plant in the Workplace: Making it safe: A guide for employers, self-employed persons and employees
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. -
Tasmania
TAS Plant User Obligations
(download pdf)Mandatory Obligations
View the full Act - WHS Act (Sections 20 & 21)
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 othersWHS 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.
View the Tasmania codes of practice.
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 to read.
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. -
Commonwealth
Commonwealth 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 othersWHS 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.
Read the Commonwealth codes of practice.
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.
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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