Australian Capital Territory
Occupational Health and Safety Regulations 1991    
SL1991-10
made under the
Occupational Health and Safety Act 1989
Republication No 6
Effective:  5 April 2004 – 4 August 2004
Republication date: 5 April 2004
Last amendment made by A2004-7

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Occupational Health and Safety Regulations 1991, made under the Occupational Health and Safety Act 1989 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 5 April 2004.  It also includes any amendment, repeal or expiry affecting the republished law to 5 April 2004.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Occupational Health and Safety Regulations 1991
made under the
Occupational Health and Safety Act 1989
    
Contents
	Page
Part 1	Preliminary
	1	Name of regulations	2
	2	Definitions for regulations	2
Part 1A	Dangerous occurrences
	2A	Matters that are a dangerous occurrence—Act, s 5 (1), def dangerous occurrence	4
Part 2	Training programs
	3	Approval of training programs	5
	4	Payment of training fees and expenses	5
Part 3	Injury and dangerous occurrence reporting and recording requirements
	5	Prescribed period	6
	6	Method of reporting	6
	7	Necessity of reporting	6
	8	Retention of records etc	7
	9	Form of records	7
	10	Records of absence	7
Part 3A	Infringement notices
	10A	Infringement notice offences and penalties	9
	10B	Administering authority	9
	10C	Authorised persons for infringement notices	9
	10D	Authorised person for reminder notices	9
	10E	Persons authorised for infringement notices etc to have unique number	9
	10F	Identifying particulars—authorised persons	10
Schedule 1	Offences and penalties	11
Endnotes
	1	About the endnotes	13
	2	Abbreviation key	13
	3	Legislation history	14
	4	Amendment history	15
	5	Earlier republications	18

Australian Capital Territory
Occupational Health and Safety Regulations 1991     

made under the
Occupational Health and Safety Act 1989

    

  

Part 1	Preliminary
    
1	Name of regulations
These regulations are the Occupational Health and Safety Regulations 1991.
2	Definitions for regulations
In these regulations:
Note:	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
Australian Standard 1885.1 means Australian Standard 1885, being that standard as approved 20 March 1990 and published 11 June 1990 entitled ‘Workplace injury and disease recording standard’.
boiler means a closed vessel in which steam can be generated or water or other liquid can be heated at a pressure greater than that of the atmosphere, and includes any plant, apparatus or appliance fitted to, or used in connection with the raising of pressure in, such a vessel.
pressure vessel means a closed vessel which is subjected to pressure (including a pressure due to a static head) by liquids, vapours, air or other gases, and includes any plant, apparatus or appliance fitted to, or used in connection with the raising of pressure in, such a vessel, but does not include—
	(a)	a boiler; or
	(b)	a vessel attached to or forming part of a domestic water supply which contains either only cold water under pressure or air the compression of which serves only as a cushion; or
	(c)	a vessel containing a liquid only at a temperature not exceeding 99°C where the pressure is due solely to the height of a column of liquid above the vessel.
training program means a training program approved under regulation 3.

Part 1A	Dangerous occurrences

2A	Matters that are a dangerous occurrence—Act, s 5 (1), def dangerous occurrence
	(1)	Each of the following is declared to be a dangerous occurrence:
	(a)	damage to a boiler, pressure vessel, plant, equipment or other thing that endangers or is likely to endanger the health or safety of people at a workplace;
	(b)	damage to, or failure of, a load-bearing member or control device of a crane, hoist, conveyor, lift, escalator, moving walk, plant, scaffolding, gear, amusement device or public stand;
	(c)	an uncontrolled fire, explosion, or escape of gas, a dangerous substance or steam;
	(d)	another occurrence involving imminent risk of—
	(i)	fire, explosion, or an escape of gas, a dangerous substance or steam; or
	(ii)	death of, or serious personal injury to, anyone; or
	(iii)	substantial damage to property.
	(2)	In this regulation:
dangerous substance—see the Dangerous Substances Act 2004, section 10.

Part 2	Training programs

3	Approval of training programs
	(1)	The council may approve a training program for the purposes of the Act, section 45 (1) (ea) or 50 (4).
	(2)	Where the council approves a training program under subregulation (1), it shall cause to be published in a daily newspaper published and circulating in the Territory a notice of its approval of the program that specifies the provision of the Act for the purposes of which the program has been approved.
4	Payment of training fees and expenses
Where—
	(a)	a health and safety representative undertakes a training program under the Act, section 45 (1) (ea); or
	(b)	a deputy health and safety representative undertakes a training program under the Act, section 50 (4);
the employer of that person shall—
	(c)	pay the fees for the person to undertake the program; and
	(d)	reimburse the person for the expenses reasonably incurred by him or her in undertaking the program.

Part 3	Injury and dangerous occurrence reporting and recording requirements

5	Prescribed period
For the purposes of the Act, section 85, the prescribed period is 7 days.
6	Method of reporting
	(1)	Notice under the Act, section 85 may be given in writing or by telephone, fax machine or other electronic means.
Note  	If a form is approved under the Act, s 96B (Approved forms) for the notice, the form must be used.
	(2)	An employer shall give notice under the Act, section 85 to the commissioner as soon as practicable and in any event within 7 days.
	(3)	Where the commissioner receives notice other than in writing he or she shall forward—
	(a)	a copy of the information received;  or
	(b)	an acknowledgment of receipt of the notice;
to the employer.
7	Necessity of reporting
Where an employer notifies the commissioner of an injury or dangerous occurrence pursuant to the Act, section 85, the employer is not required to report the same event under an associated law.
8	Retention of records etc
	(1)	Where an employer gives written notice of a death, an injury or a dangerous occurrence in accordance with section 85, the employer shall retain a copy of the notice for a period of 5 years after the notice is given.
	(2)	Where the employer gives notice of a death, an injury or a dangerous occurrence in a manner other than in writing and the commissioner provides the employer with—
	(a)	a copy of the information received; or
	(b)	an acknowledgment of receipt of the notice;
the employer shall keep the copy or the acknowledgment for a period of 5 years after the notice is given.
9	Form of records
	(1)	Records required under the Act, section 86 shall be kept in a form approved, in writing, by the commissioner.
	(2)	Records kept under subregulation (1) shall be retained for a period of 5 years after the date on which notice was given in accordance with the Act, section 85.
	(3)	An approval under subregulation (1) is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
10	Records of absence
	(1)	Where an employer is aware of the occurrence of an event which would have been reported pursuant to section 85 if the prescribed period under that section was 1 day the employer shall record details of the event.
	(2)	Records pursuant to subsection (1) shall be kept in accordance with Australian Standard 1885.1.
Maximum penalty:  10 penalty units.

Part 3A	Infringement notices

10A 	Infringement notice offences and penalties
	(1) 	An offence against the Act that is described in an item of schedule 1 and is a contravention of the provision of the Act mentioned in the item is an offence to which the Act, part 5A applies (an infringement notice offence).
	(2) 	The penalty payable by an individual under an infringement notice for an infringement notice offence is the amount mentioned in the item of the schedule applying to the offence.
	(3) 	The cost of serving a reminder notice for an infringement notice offence is $34.
10B 	Administering authority
The administering authority for every infringement notice offence is the commissioner.
10C 	Authorised persons for infringement notices
An authorised officer may serve an infringement notice for any infringement notice offence.
10D 	Authorised person for reminder notices
An authorised officer may serve a reminder notice for any infringement notice offence.
10E 	Persons authorised for infringement notices etc to have unique number
The administering authority for an infringement notice offence must give a unique number to each person who is authorised by the administering authority to serve infringement or reminder notices for the offence.
10F 	Identifying particulars—authorised persons
For the Act, section 75D (1) (g) (Contents of infringement notices) of the Act, an infringement notice must identify the authorised person using the number given to the person by the administering authority under regulation 10E.

Schedule 1	Offences and penalties
    
(see reg 10A)

column 1	column 2	column 3	
item	provision contravened	on-the-spot fine
$	
1	27	1 000	
2	28	1 000	
3	29	1 000	
4	30	1 000	
5	31	1 000	
6	32 (1)	1 000	
7	32 (2)	1 000	
8	33 (1)	1 000	
9	34	1 000	
10	37 (3)	100	
11	38 (7)	100	
12	40 (7) 	100	
13	41 (6)	100	
14	42 (2)	100	
15	45 (1)	200	
16	45 (2)	200	
17	45 (3)	100	
18	51 (8)	100	
19	52	100	
20	53	400	
21	59 (1)	100	
22	59 (4)	100	
23	71	100	
24	76 (5)	100	
25	77 (4)	100	
26	78 (5)	100	
27	79	400	
28	86	100	

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
cl = clause	pres = present	
def = definition	prev = previous	
dict = dictionary	(prev...) = previously	
disallowed = disallowed by the Legislative 	pt = part	
Assembly	r = rule/subrule	
div = division	reg = regulation/subregulation	
exp = expires/expired	renum = renumbered	
Gaz = Gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Occupational Health and Safety Regulations 1991 No 10
notified 6 May 1991
commenced 6 May 1991
as amended by
Occupational Health and Safety Regulations (Amendment) 1991 No 13
notified 28 June 1991
commenced 1 July 1998
Regulations Revision (Penalties) Regulations 1996 No 8
notified 6 June 1996
commenced 6 June 1996
Occupational Health and Safety Regulations Amendment 1999 No 21
notified 30 September 1999
commenced 30 September 1999
Occupational Health and Safety (Amendment) Act (No 2) 1999 No 82
notified 23 December 1999
s 1, s 2 commenced 23 December 1999
remainder commenced 23 June 2000
Statute Law Amendment Act 2001 No 11
notified 29 March 2001
commenced 29 March 2001
Occupational Health and Safety Amendment Act 2001 No 21 pt 3
notified 19 April 2001
s 1, s 2 commenced 19 April 2001 (IA s 10B)
pt 3 commenced 19 October 2001 (s 2 and s 79)
Dangerous Goods Regulations Amendment 2001 No 14
notified 23 May 2001
commenced 23 May 2001 (reg 1)
Legislation (Consequential Amendments) Act 2001 No 44 pt 265
notified 26 July 2001
s 1, s 2 commenced 26 July 2001 (IA s 10B)
remainder 12 September 2001 (s 2 and see Gaz 2001 No S65)
Dangerous Substances Act 2004 A2004-7 sch 1 pt 1.6
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.6 commenced 5 April 2004 (s 2 and CN2004-6)
4	Amendment history
Preliminary
pt 1 hdg	ins 1991 No 13
Name of regulations
reg 1	sub 1999 No 21 reg 3
Definitions for regulations
reg 2	am 1991 No 13; 1999 No 21 reg 4; Act 2001 No 11 amdts 3.191-3.193; 2001 No 14 reg 33, reg 34; Act 2001 No 44 amdt 1.3036, amdt 1.3037; A2004-7 amdt 1.8
Meaning of explosives
reg 2AA	ins 1999 No 21 reg 5
	am Act 2001 No 11 amdts 3.194-3.196
	om A2004-7 amdt 1.9
Dangerous occurrences
pt 1A hdg	ins 1999 No 21 reg 6 
Matters that are a dangerous occurrence
reg 2A	ins 1991 No 13
	sub A2004-7 amdt 1.10
Training programs
pt 2 hdg	ins 1991 No 13
Injury and dangerous occurrence reporting and recording requirements
pt 3 hdg	ins 1991 No 13
Prescribed period
reg 5	ins 1991 No 13
Method of reporting
reg 6	ins 1991 No 13
	am Act 1999 No 82 s 16 sch pt 3; Act 2001 No 44 amdts 1.3038-1.3040
Necessity of reporting
reg 7	ins 1991 No 13
Retention of records etc
reg 8	ins 1991 No 13
	am Act 1999 No 82 s 16 sch pt 3
Form of records
reg 9	ins 1991 No 13
	am Act 1999 No 82 s 16 sch pt 3; Act 2001 No 44 amdt 1.3041
Records of absence
reg 10	ins 1991 No 13
	am 1996 No 8
Infringement notices
pt 3A	ins Act 2001 No 21 s 12
Infringement notice offences and penalties
reg 10A	ins Act 2001 No 21 s 12
Administering authority
reg 10B	ins Act 2001 No 21 s 12
Authorised persons for infringement notices
reg 10C	ins Act 2001 No 21 s 12
Authorised person for reminder notices
reg 10D	ins Act 2001 No 21 s 12
Persons authorised for infringement notices etc to have unique number
reg 10E	ins Act 2001 No 21 s 12
Identifying particulars—authorised persons
reg 10F	ins Act 2001 No 21 s 12
Use of explosives
pt 4 hdg	ins 1999 No 21 reg 7
	om A2004-7 amdt 1.11
Permit to use explosives
div 4.1 hdg	(prev pt 4 div 1 hdg) renum R4 LA
	om A2004-7 amdt 1.11
Use of explosives at workplaces
reg 11	ins 1999 No 21 reg 7
	om A2004-7 amdt 1.11
Use of explosives—obligations of employer and occupier
reg 12	ins 1999 No 21 reg 7
	om A2004-7 amdt 1.11
Application for a permit
div 4.2 hdg	(prev pt 4 div 2 hdg) renum R4 LA
	om A2004-7 amdt 1.11
Application for a permit to use explosives
reg 13	ins 1999 No 21 reg 7
	am Act 2001 No 44 amdt 1.3042
	om A2004-7 amdt 1.11
Requirements of a blast plan
reg 14	ins 1999 No 21 reg 7
	om A2004-7 amdt 1.11
Eligibility for a permit
reg 15	ins 1999 No 21 reg 7
	am Act 2001 No 11 amdt 3.197
	om A2004-7 amdt 1.11
Permit to use explosives
reg 16	ins 1999 No 21 reg 7
	om A2004-7 amdt 1.11
Variation of a permit
reg 17	ins 1999 No 21 reg 7
	om A2004-7 amdt 1.11
Statutory conditions of a permit
reg 18	ins 1999 No 21 reg 7
	om A2004-7 amdt 1.11
Registrar may require further information etc
reg 19	ins 1999 No 21 reg 7
	am Act 2001 No 44 amdt 1.3043, amdt 1.3044
	om A2004-7 amdt 1.11
Provision of false or misleading information to registrar
reg 20	ins 1999 No 21 reg 7
	om A2004-7 amdt 1.11
Suspension or revocation of a permit
reg 21	ins 1999 No 21 reg 7
	am Act 2001 No 11 amdt 3.198; Act 2001 No 44 amdt 1.3045, amdt 1.3046
	om A2004-7 amdt 1.11
Review of registrar’s decisions
reg 22	ins 1999 No 21 reg 7
	om A2004-7 amdt 1.11
Offences and penalties
sch 1	ins Act 2001 No 21 s 13
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	SL 1991 No 13	1 July 1991	
2	SL 1996 No 8	30 November 1996	
3	Act 1999 No 82	23 October 2000	
4	Act 2001 No 44	12 September 2001	
5	A2001-44	19 October 2001	

©  Australian Capital Territory 2004