Commonwealth Numbered Regulations

1996 No. 129 OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) (NATIONAL STANDARDS) REGULATIONS (AMENDMENT) - REG 4

4.1 Subregulation 10.01 (1): Insert the following definitions:

" 'amusement structure' means a structure or a device:

   (a)  that is operated for hire or reward; and

   (b)  that is used, or designed to be used, for amusement, recreation,
        sport, sightseeing or entertainment; and

   (c)  on which persons may be moved, carried, raised, lowered or supported
        by any part of the structure or device; and

   (d)  that is either:

        (i)    an arrangement of structural or mechanical elements, or both,
               that has as its prime function the provision of movement of a
               passenger in a controlled manner so that the passenger is not
               necessarily required to move himself or herself to obtain the
               desired effect (called an 'amusement ride'); or

        (ii)   an arrangement or equipment through which, or on which, a rider
               moves and for which the desired effect is achieved primarily by
               the rider's self-powered motion, or by another process that is
               not referred to in the description of an amusement ride (called
               an 'amusement device');
'boiler':

   (a)  means a vessel, or an arrangement of vessels, and interconnecting
        parts, in which:

        (i)    steam or other vapour is generated; or

        (ii)   water or other liquid is heated at a pressure greater than
               atmospheric pressure; by the use of fire, the products of
               combustion, electrical power or other similar means; and

   (b)  includes a superheater, reheater, economiser, boiler piping support,
        mounting, valve, gauge, fitting, control, setting or other equipment
        directly associated with a boiler; and

   (c)  does not include a fully flooded or pressurised system where water or
        other liquid is heated to a temperature lower than the normal
        atmospheric boiling temperature of the liquid;
'bracket scaffold' means a scaffold the platform of which is carried on frames
that are attached to, or supported by, permanent or temporary construction;
'bridge crane' means a crane:

   (a)  comprising a bridge beam mounted at each end to an end carriage; and

   (b)  capable of travelling along elevated runways; and

   (c)  having one or more hoisting mechanisms arranged to traverse the
        bridge;
'building' includes part of a building or a building under construction;
'building maintenance equipment':

   (a)  means a suspended platform and associated equipment which incorporates
        permanently installed overhead supports to provide access to any face
        or other similar surface of a building for maintenance purposes; and

   (b)  includes a building maintenance unit and a swing stage; and

   (c)  does not include a suspended scaffold;
'building maintenance unit' means a power-operated suspended platform and
associated equipment which is:

   (a)  permanently installed on a building; and

   (b)  specifically designed to provide access to any face of the building
        for maintenance purposes;
'cantilevered scaffold' (other than a bracket scaffold) that is supported by
cantilevered load-bearing members;
'commissioning', in relation to plant, means performing the necessary
adjustments, tests and inspections to ensure that the plant is in full working
order to specified requirements before the plant is used, and includes
re-commissioning;
'concrete placing unit (truck-mounted with boom)' means plant that:

   (a)  is used to place concrete by way of pumping concrete through a
        pipeline attached to or forming part of the boom; and

   (b)  is capable of travelling over a supporting surface without the need
        for fixed runways (including railway tracks); and

   (c)  relies on gravity for stability, that is, with no vertical restraining
        connection between itself and the supporting surface and no horizontal
        restraining connection (other than frictional forces at supporting
        surface level) that may act as an aid to stability;
'conveyor':

   (a)  means an apparatus or equipment worked by a form of power, other than
        human power, by means of which a load may be raised, lowered,
        transported or continuously driven by:

        (i)    an endless belt, rope, chain or similar means; or

        (ii)   buckets, trays or other containers or fittings moved by an
               endless belt, rope, chain or similar means; or

        (iii)  a rotating screw; or

        (iv)   a vibration or walking beam; or

        (v)    a powered roller conveyor where the rolls are driven by an
               endless belt, rope, chain or similar means; and

   (b)  includes the supporting structure, auxiliary equipment and gear used
        in connection with the apparatus or equipment;
'crane' means an appliance by means of which a load may be raised, lowered or
moved horizontally, including the supporting structure and foundations of an
appliance of that kind, but does not include the following:

   (a)  an industrial lift truck;

   (b)  earthmoving machinery;

   (c)  an amusement structure;

   (d)  a tractor;

   (e)  an industrial robot;

   (f)  a conveyor;

   (g)  building maintenance equipment;
'direct-fired process heater' means an arrangement of tubes comprising one or
more coils located in the radiant zone, convection zone, or both, of a
combustion chamber, the prime purpose of which is to raise the temperature of
a process fluid (being liquid, gas or a combination of both), which is
circulated through the coils, to allow:

   (a)  the distillation, fractionation or reaction of the process fluid; or

   (b)  the occurrence of another petrochemical process in relation to the
        process fluid;
'earthmoving machinery':

   (a)  means an operator-controlled item of plant used to excavate, load,
        transport, spread or compact earth, overburden, rubble, spoil,
        aggregate or similar material; and

   (b)  does not include a tractor or an industrial lift truck;
'electrical installation' means:

   (a)  electrical wiring; and

   (b)  accessories; and

   (c)  fittings; and

   (d)  consuming devices; and

   (e)  control and protective gear; and

   (f)  other equipment; that is associated with an object situated in or on a
        workplace or a place at which employees are at work;
'electrical plant' means plant that consumes, converts or generates
electricity;
'elevating work platform' means a telescoping device, scissor device or
articulating device (or a combination of 2 or more of those devices) used to
move people, equipment and material to and from a work location above the
device's support structure;
'erector' means a person who erects or installs plant in a workplace;
'ergonomic' means the factors that maximise the functioning of plant, or a
system of work associated with plant, by adapting the plant or system to human
capacity or need;
'fault' means:

   (a)  a break or defect that may cause an object to present an increased
        risk to health and safety; or

   (b)  an aspect of the design of an object that may cause the object to be a
        risk to health and safety if it is manufactured in accordance with the
        design;
'fired heater' means a pressure vessel in which:

   (a)  a liquid is heated below its normal atmospheric boiling temperature;
        or

   (b)  a process fluid is heated, in tubes, above or below its normal
        atmospheric boiling temperature; by the application of fire, the
        products of combustion, electric power or similar high temperature
        means;
'gantry crane' means a crane:

   (a)  comprised of a bridge beam, supported at each end by legs mounted on
        end carriages; and

   (b)  that is capable of travelling on supporting surfaces or deck levels,
        whether fixed or not; and

   (c)  that has a crab with one or more hoisting units arranged to travel
        across the bridge;
'gas cylinder' means an individual rigid pressure vessel:

   (a)  of a water capacity that does not exceed 3,000 litres; and

   (b)  that does not have openings or integral attachments on its shell,
        other than at the ends; and

   (c)  that is designed for the storage or transport of gas under pressure;
        and

   (d)  that is referred to in AS 2030 ('SAA Gas Cylinders Code');
'guard' means a device that prevents or reduces access to a danger point or
area;
'hazard' means the potential to cause injury or illness;
'hoist' means an appliance (other than building maintenance equipment) by
means of which a load may be raised or lowered, such as:

   (a)  an elevating work platform; or

   (b)  a mast climbing platform; or

   (c)  a people or materials hoist; or

   (d)  a scaffolding hoist; or

   (e)  a serial hoist;
'hung scaffold' means a scaffold which:

   (a)  is hung from another structure; and

   (b)  is not capable of being raised or lowered when in use;
'industrial lift truck':

   (a)  means powered mobile plant, designed to move goods, material or
        equipment, that:

        (i)    is equipped with an elevating load carriage; and

        (ii)   is normally equipped with a load-holding attachment; and

   (b)  does not include a mobile crane or earthmoving machinery;
'industrial robot':

   (a)  means a multifunctional manipulator that is capable of handling
        material, parts, tools or specialised devices through variable
        programmed motions for the performance of a variety of tasks; and

   (b)  includes the device used to control the manipulator;
'installer' means a person who installs plant in a workplace;
'interlocked', in relation to plant, means the connection between a guard or
machine element and the control system, or the power system, of the plant
that:

   (a)  allows access to the moving parts of the plant at the times when those
        parts are not moving; and

   (b)  prevents moving parts from starting up or operating when access is
        available to those moving parts;
'laser':

   (a)  means any device that can produce or amplify electromagnetic radiation
        in the wave length range from 100 nanometers to 1 millimetre by the
        process of controlled stimulated emission; and

   (b)  does not include:

        (i)    an electric light globe; or

        (ii)   a fluorescent light tube; or

        (iii)  an electric radiator used for heating; or

        (iv)   radio or video communication equipment; or

        (v)    a domestic cooking appliance that uses high-powered lamps; or

        (vi)   a navigation or search light;
'laser product' means any product or assembly of components that constitutes,
incorporates, or is intended to incorporate, a laser;
'mast climbing work platform' means a hoist having a working platform used for
temporary purposes to raise personnel and materials to the working position by
means of a drive system mounted to an extendable mast;
'minimise' means to reduce to the lowest practicable level;
'mobile crane' means a crane:

   (a)  capable of travelling over a supporting surface without the need for
        fixed runways (including railway tracks); and

   (b)  that relies only on gravity for stability, having no vertical
        restraining connection between itself and the supporting surface and
        no horizontal restraining connection (other than frictional forces at
        supporting-surface level) which may act as an aid to stability;
'operator protective device' includes:

   (a)  a roll-over protective structure; and

   (b)  a falling object protective structure; and

   (c)  an operator restraining device; and

   (d)  a seat belt;
'prefabricated scaffolding' means an integrated system of prefabricated
components manufactured in such a way that the geometry of assembled scaffolds
is pre-determined;
'presence sensing safeguarding system' includes:

   (a)  a sensing system that employs one or more forms of radiation that are
        self-generated or otherwise generated by pressure; and

   (b)  an interface between the final switching devices of a sensing system
        and a primary control element; and

   (c)  the capability to stop a machine, by which the presence of a person in
        the sensing field will cause the dangerous parts of a machine to be
        brought to a safe state;
'pressures' expressed are gauge pressures relative to atmospheric pressure,
unless otherwise identified;
'pressure equipment' means:

   (a)  a boiler; or

   (b)  a pressure vessel; or

   (c)  pressure piping;
'pressure piping':

   (a)  means an assembly (other than a boiler or a pressure vessel)
        consisting of pipes, pipe fittings, valves and pipe accessories that
        are:

        (i)    subject to internal or external pressure; and

        (ii)   used to contain or convey fluid, or to transmit fluid pressure;
               and

   (b)  includes a distribution header, bolting, gasket, pipe support or
        pressure retaining accessory;
'pressure vessel':

   (a)  means a vessel (other than a boiler) that is subject to internal or
        external pressure greater than atmospheric pressure; and

   (b)  includes:

        (i)    any interconnected part, component, valve, gauge or other
               fitting up to the first point of connection of piping; and

        (ii)   a fired heater; and

        (iii)  a gas cylinder;
'repair':

   (a)  means the restoration of plant to an operating condition; and

   (b)  does not include routine maintenance, replacement or alteration;
'risk' means the probability and consequences of occurrence of injury or
illness;
'scaffold' means a temporary structure specifically erected to support one or
more access or working platforms;
'scaffolding equipment' means any component, assembly or machine used or
intended to be used in the construction of a scaffold;
'spur scaffold' means a scaffold which is partially supported by inclined load
bearing members;
'structure' includes a part of a structure;
'suspended scaffold':

   (a)  means a scaffold incorporating a suspended platform that is capable of
        being raised or lowered when in use; and

   (b)  includes a boatswain's chair;
'tower crane' means a boom or jib crane mounted on a tower structure;
'tractor' means a motor vehicle, whether wheeled or track mounted (other than
earthmoving equipment), that is designed to provide power and movement to an
attached machine or implement by a transmission shaft, belt or linkage system;
'vehicle hoist' means a vehicle-hoisting device the purpose of which is to
provide accessibility for convenient under-chassis examination or service;
'work box' means a personnel carrying device that is:

   (a)  designed to be suspended from a crane; and

   (b)  intended to provide a working area for an person elevated by and
        working from the box;
'workpiece', in relation to plant:

   (a)  means material, offcut or scrap (in any form):

        (i)    on which the plant performs work; or

        (ii)   produced by the plant; and

   (b)  does not include a load being lifted or moved by the plant.".