Safety Legislation and Obligations
For machinery owners and suppliers
Workplace Health and Safety Legislation in Australia is essentially a State and Territory responsibility - with Commonwealth Legislation in place to cover Commonwealth employees and certain National organisations. To ensure your machines compliance, there are fundamental requirements for machinery and 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 and 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 your quick reference guide
Mandatory Obligations
View the full Act - WHS Act 2011, Section 22 - 25
View the full Regulations - WHS Regulation (Designers Reg. 187-192, Manufacturers Reg. 193-195, Importers Reg. 196-197, 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.
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Australian Capital Territory
ACT Plant Supplier Obligations
Download your quick reference guide
Mandatory ObligationsView the full Act - WHS Act 2011 (Sections 22 - 25)
View the full Regulations - WHS Regulation (Designers Reg. 187-192, Manufacturers Reg. 193-195, Importers Reg. 196-197, 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 your quick reference guide
Mandatory ObligationsView the full OHS Act - OHS Act 2004 (Sections 27, 29-32)
View the full Regulations - OHS Regulation (Designers Reg 51, Manufacturers Reg 52, Suppliers Reg 53)
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 OHS Act & Regulations also contain details of specific hazard control measures required for certain types of plant (eg. ROPS on tractors). Refer Regs 108-119.
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 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 (2017) 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 your quick reference guide
Mandatory ObligationsView the full Act - WHS Act 2011 (Sections 22 - 25)
View the full Regulations - WHS Regulation (Designers Reg. 187-192, Manufacturers Reg. 193-195, Importers Reg. 196-197, 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 your quick reference guide
Mandatory ObligationsView the full Act - WHS Act 2012 (Sections 22 - 25)
View the full Regulations - WHS Regulation (Designers Reg. 187-192, Manufacturers Reg. 193-195, Importers Reg. 196-197, 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 Australian 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 your quick reference guide
Mandatory Obligations
View the full Act - WHS Act 2011 (Sections 22 - 26)
View the full Regulations - WHS Regulation (Designers Reg. 187-192, Manufacturers Reg. 193-195, Importers Reg. 196-197, 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 your quick reference guide
Mandatory Obligations
View the full Act - WHS Act 2020 (Sections 22 - 25)
View the full Regulations - WHS Regulations 2022 (Designers Reg. 187-192, Manufacturers Reg. 193-195, Importers Reg. 196-197, 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. 214-226.
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 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:
1. Code of practice “Safeguarding of Machinery and Plant 2009”
3. Machinery and equipment safety - An Introduction
Plant Assessor applies the specific requirements of the 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 your quick reference guide
Mandatory ObligationsView the full Act - WHS Act 2012 (Sections 22-25)
View the full Regulations - WHS Regulation (Designers Reg. 187-192, Manufacturers Reg. 193-195, Importers Reg 196-197, 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 your quick reference guide
Mandatory ObligationsView the full Act - WHS Act 2011 (Sections 22 - 25)
View the full Regulations - WHS Regulation (Designers Reg. 187-192, Manufacturers Reg. 193-195, Importers Reg. 196-197, 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.
-
New South Wales
NSW Plant User Obligations
Download your quick reference guide
Mandatory Obligations
View the full Act - WHS Act 2011, Section 20 & 21
View the full Regulations - WHS 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 2011 (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 2011 (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 2011 (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 2011 (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 2011 (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 your quick reference guide
Mandatory Obligations
View the full Act - WHS Act 2011, Section 20 & 21
View the full Regulations - WHS 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.WHS Act 2011 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 2011 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 2011 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 2011 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 2011 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 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 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:
- 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 your quick reference guide
Mandatory ObligationsView the full Act - OHS Act 2004, Section 20 & 21
View the full Regulations - WHS 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 122-123)
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, 122-144)
Plant Owners and Users Must:
1. Follow the hazard identification, risk assessment and control process
2. Ensure plant meets certain specific design and maintenance criteria
3. Provide a safe environment – this includes following the hazard identification, risk assessment and control process for workplaces and tasks
4. Provide instruction, training and supervision (Reg. 39) for users of plant and othersOHS Regulations 2017 (Reg 125-127, 131)
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 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 the 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 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 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 your quick reference guide
Mandatory Obligations
View the full Act - WHS Act 2011, Section 20 & 21
View the full Regulations - WHS 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 2011 (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 2011 (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 2011 (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 2011 (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 2011 (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 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 your quick reference guide
Mandatory ObligationsView the full Act - WHS Act 2012, Section 20 & 21
View the full Regulations - WHS 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 2012 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 2012 (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 2012 (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 2012 (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 2012 (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
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 your quick reference guide
Mandatory ObligationsView the full Act - WHS Act 2011, Section 20 & 21
View the full Regulations - WHS 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 2011 (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 2011 (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 2011 (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 2011 (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 2011 (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
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.
-
Western Australia
WA Plant User Obligations
Download your quick reference guide
Mandatory Obligations
View the full Act - WHS Act 2020, Part 2: Division 2 & 3
View the full Regulations - WHS 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 2020 (Part 2: Division 1: Subdivision 2)
WHS Regulations (Reg 34-39, 203-213)
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 2020 (Part 2: Division 2: Section 19)
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 Regulations (Reg 203-226)
Plant Owners & Users Must:
1. Follow the hazard identification, risk assessment and control process
2. Ensure plant meets certain specific design and maintenance criteria
3. Provide a safe environment – this includes following the hazard identification, risk assessment and control process for workplaces and tasks
4. Provide instruction, training and supervision for users of plant and othersWHS Regulations (Reg 235 - 237)
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 2020 (Part 2: Division 2 & 3)
Contractor & Subcontractor Management
There is a fundamental obligation upon duty holders to ensure the safety of contractors and subcontractors.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.
Western Australia codes of practice
A catalogue of Western Australia 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:
1. Code of practice “Safeguarding of Machinery and Plant 2009”
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. -
Tasmania
TAS Plant User Obligations
Download your quick reference guide
Mandatory Obligations
View the full Act - WHS Act 2012, Section 20 & 21
View the full Regulations - WHS 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 2012 (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 2012 (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 2012 (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 2012 (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 2012 (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.
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 your quick reference guide
Mandatory Obligations
View the full Act - WHS Act 2011, Section 20 & 21
View the full Regulations - WHS 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 2011 (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 2011 (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 2011 (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 2011 (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 2011 (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
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.
Frequently asked questions
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What are the machinery safety regulations in Australia?
In Australia, machinery safety regulations are primarily governed by state and territory legislation, as well as national standards and guidelines. Some of the key regulations and standards that apply to machinery safety include:
- Occupational Health and Safety (OHS) legislation
- Work Health and Safety (WHS) Act and Regulations
- Australian Standards (such as AS 4024 (Safety of Machinery series), AS/NZS 3000 (Electrical installations), and AS/NZS 4801 (Occupational health and safety management systems)
- Codes of Practice
- Safe Work Australia Guidance Material
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Do I legally have to adhere to these safety regulations?Yes, businesses and PCBUs in Australia are legally required to adhere to machinery safety regulations as outlined in relevant state and territory legislation, national standards, and guidelines. These regulations are enforceable laws that establish the legal obligations of employers, employees, manufacturers, suppliers, and other parties involved in the operation, maintenance, and supply of machinery.
Failure to comply with machinery safety regulations can result in serious consequences, including fines, penalties, prosecution, and potential civil liability for accidents, injuries, or fatalities that occur as a result of non-compliance. Additionally, non-compliance may lead to reputational damage, business disruption, and loss of trust from stakeholders, including employees, customers, and regulatory authorities.
By adhering to machinery safety regulations, businesses and individuals demonstrate their commitment to providing a safe working environment, protecting the health and safety of workers, and minimising the risk of accidents and injuries associated with machinery use. It's essential to understand and comply with these regulations to ensure legal compliance, mitigate risks, and maintain a culture of safety within the workplace. -
How do I ensure my machinery complies with Australian standards?Ensuring that your machinery complies with Australian standards involves several steps:
1. Familiarise Yourself with Relevant Standards: Identify the specific Australian standards that apply to your machinery. These standards may cover design, construction, operation, maintenance, and safety requirements for different types of machinery and equipment.
2. Conduct a Compliance Assessment: Review your machinery against the requirements outlined in the relevant Australian standards. This may involve assessing factors such as design specifications, safety features, electrical components, guarding, labelling, and risk assessments.
3. Perform Risk Assessments: Conduct comprehensive risk assessments for each piece of machinery to identify potential hazards, assess risks, and implement appropriate control measures to mitigate or eliminate hazards. Ensure that risk assessments comply with relevant Australian standards and legislative requirements.
4. Implement Control Measures: Based on the findings of risk assessments, implement control measures to address identified hazards and risks. This may involve modifying machinery designs, installing safety guards or devices, providing training to operators, establishing safe work procedures, and implementing regular maintenance and inspection schedules.
5. Keep Documentation: Maintain accurate records of compliance activities, including risk assessments, inspection reports, maintenance records, and any modifications or upgrades made to machinery. Documentation serves as evidence of compliance and helps demonstrate due diligence in meeting regulatory requirements.
6. Stay Updated: Regularly monitor changes to Australian standards, regulations, and industry best practices related to machinery safety. Stay informed about updates or revisions to standards that may impact your machinery and ensure timely compliance with any new requirements.
By following these steps and taking a proactive approach to machinery safety and compliance, you can ensure that your machinery meets Australian standards, minimises risks to workers, and maintains a safe working environment. -
What is the Australian Standard for machinery safety?The primary Australian Standard for machinery safety is the AS/NZS 4024 series, titled "Safety of Machinery." This series of standards provides comprehensive guidelines and requirements for the design, construction, operation, maintenance, and safety of machinery and equipment across various industries.
The AS/NZS 4024 series consists of multiple parts, each focusing on different aspects of machinery safety, to read in more detail click here. -
Does imported machinery need to meet Australian regulations?Yes, imported machinery must undergo assessment and certification processes to demonstrate compliance with Australian regulations in order to be legally used in Australia. Importers are responsible for ensuring that the machinery they bring into the country complies with relevant Australian standards, safety requirements, and regulatory frameworks.
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Who enforces machinery safety laws in Australia?
In Australia, machinery safety laws are enforced by various regulatory bodies at both the federal and state/territory levels. The enforcement of machinery safety laws involves multiple agencies and organisations working together to ensure compliance and protect the health and safety of workers. The key enforcement authorities per state and territory include:
Safe Work Australia (SWA): SWA is the national statutory body responsible for developing and coordinating workplace health and safety policy across Australia. While SWA does not directly enforce laws, it plays a central role in setting national standards and guidelines for workplace safety, including machinery safety.
Work Health and Safety Regulators: Each state and territory in Australia has its own work health and safety (WHS) regulator responsible for enforcing workplace health and safety laws within its jurisdiction. These regulators oversee compliance with relevant legislation, conduct inspections and investigations, issue compliance notices, and take enforcement action against non-compliant businesses.
Department of Mines, Industry Regulation and Safety (DMIRS): In Western Australia, DMIRS is responsible for regulating workplace safety, including machinery safety, in the resources and energy sectors. It oversees compliance with relevant legislation, conducts inspections and audits, and provides guidance and support to businesses.
SafeWork NSW: SafeWork NSW is the work health and safety regulator in New South Wales. It enforces workplace safety laws, including those related to machinery safety, through inspections, investigations, compliance audits, and educational programs.
WorkSafe Victoria: WorkSafe Victoria is the regulator responsible for enforcing workplace safety laws in Victoria. It oversees compliance with regulations, conducts inspections and assessments, provides guidance and resources, and takes enforcement action to address non-compliance with machinery safety requirements.
Workplace Health and Safety Queensland (WHSQ): WHSQ is the regulator responsible for workplace health and safety in Queensland. It enforces machinery safety laws through inspections, investigations, compliance audits, and regulatory interventions to ensure businesses comply with safety standards and regulations.SafeWork SA: SafeWork SA is the work health and safety regulator for the state. SafeWork SA is responsible for overseeing compliance with workplace health and safety laws, including those related to machinery safety, within South Australia.
WorkSafe Tasmania: WorkSafe Tasmania is the regulatory authority responsible for overseeing workplace health and safety in Tasmania. It enforces machinery safety laws and regulations through inspections, investigations, compliance audits, and educational initiatives to ensure compliance with workplace safety standards.
WorkSafe ACT: WorkSafe ACT is the work health and safety regulator for the Australian Capital Territory. It is responsible for enforcing machinery safety laws and regulations within the territory's jurisdiction, including conducting inspections, investigations, and compliance audits to ensure workplaces comply with safety standards and requirements.
NT WorkSafe: NT WorkSafe is the regulatory agency responsible for workplace health and safety in the Northern Territory. It enforces machinery safety laws and regulations through inspections, investigations, compliance audits, and enforcement actions to promote compliance with safety standards and protect workers from hazards associated with machinery use.The specific regulatory bodies and agencies may vary depending on the jurisdiction and industry sector. Overall, these enforcement authorities work collaboratively to promote and enforce compliance with machinery safety laws to protect workers and ensure safe workplaces across Australia.
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Are there specific requirements for workplace machinery in Australia?
Yes, there are specific requirements for workplace machinery in Australia, which are outlined in various laws, regulations, and standards. These requirements are designed to ensure the safety of workers and the prevention of accidents and injuries associated with machinery use. Some of the key requirements for workplace machinery in Australia include:
Design and Construction Standards: Machinery used in workplaces must meet specific design and construction standards outlined in Australian and international standards. These standards address factors such as safety features, guarding, electrical systems, ergonomics, and durability to minimise risks to operators and others in the vicinity.
Risk Assessment: Employers are required to conduct risk assessments for machinery used in their workplaces to identify potential hazards, assess risks, and implement appropriate control measures to mitigate or eliminate risks. Risk assessments help ensure that machinery is operated safely and that necessary safeguards are in place to protect workers.
Guarding and Safety Devices: Machinery must be equipped with adequate guarding and safety devices to prevent access to hazardous areas, such as moving parts, pinch points, and cutting edges. Guards and safety devices help minimise the risk of contact with machinery components that could cause injury or harm to workers.
Maintenance and Inspection: Employers are responsible for ensuring that machinery is properly maintained and inspected to identify and address any defects, wear and tear, or other issues that could affect its safe operation. Regular maintenance and inspection programs help prevent equipment failures and reduce the risk of accidents.
Training and Supervision: Workers who operate machinery must receive adequate training and supervision to perform their duties safely. Employers are required to provide training on machinery operation, safety procedures, hazard recognition, and emergency protocols to ensure that workers understand how to use machinery safely and effectively.
Compliance with Regulations: Employers must comply with relevant workplace health and safety regulations, codes of practice, and industry standards that apply to machinery use in their workplaces. Compliance with regulations helps ensure that workplaces meet minimum safety requirements and protect workers from harm.
Overall, compliance with these requirements is essential to creating safe work environments and preventing accidents and injuries associated with machinery use in Australian workplaces. Employers have a legal obligation to adhere to these requirements and take proactive measures to safeguard the health and safety of their workers. -
What are the penalties for non-compliance with machinery regulations in Australia?
Penalties for non-compliance with machinery regulations in Australia can vary depending on the severity of the breach, the specific legislation or regulation violated, and the jurisdiction in which the offence occurs. Some of the potential penalties for non-compliance with machinery regulations may include fines, prosecution, enforcement notices, licence revocation or suspension and civil liability.
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How often should machinery be inspected in order to meet compliance in Australia?
The frequency of machinery inspections required to meet compliance in Australia can vary depending on several factors, including the type of machinery, its use, the level of risk involved, and specific regulatory requirements.
Higher-risk machinery or those used in critical operations may require more frequent inspections to mitigate potential hazards and ensure continued compliance with safety standards.
Machinery manufacturers often provide guidelines and recommendations for inspection and maintenance intervals based on their equipment's design, components, and operating conditions. Following the manufacturer's recommendations can help ensure that machinery remains in optimal condition and operates safely.
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