Clause 214 provides that the person with management or control of powered mobile plant must, as far as is reasonably practicable, manage the risks to health and safety of:
x the plant overturning; or
x things falling on the operator of the plant; or x the operator being ejected from the plant; or x the plant colliding with any person or thing; or
x mechanical failure of pressurised elements of plant that may release fluids that pose a risk to health and safety.
Powered mobile plant—specific control measures
Clause 215 requires a PCBU with management or control of powered mobile plant at a workplace to use specific control measures and to ensure, so far as is reasonably practicable:
x that a suitable combination of operator protective devices for the plant is provided, maintained and used,
x that no one other than the operator rides on the plant unless they are provided with a level of protection equivalent to that provided to the operator,
x that the plant does not collide with pedestrians or other powered mobile plant,
If there is a possibility of the plant colliding with pedestrians or other powered mobile plant, it must have a warning device that will warn persons who may be at risk from the movement of the plant.
Roll-over protection on tractors
Clause 216 provides for roll-over protective structures to be fitted on tractors.
Subclause 216(1) requires the person with management or control of a tractor at a workplace to ensure that the tractor is not used unless it is securely fitted with a rollover protective structure.
Subclause 216(2) provides that, if a tractor is used in a place that is too low for the tractor to work while it is fitted with a roll-over protective structure, the structure may be lowered or removed while the tractor is used in such a situation (but only if other measures to minimise the risk of roll-over are in place).
Subclause 216(3) states that this regulation does not apply if the tractor is:
x installed in a fixed position, and in a manner which would no longer permit it to be used as powered mobile plant; or
x less than 560 kg or 15 000 kg or more in mass; or x being used for a historical purpose or activity.
The clause includes definitions of roll over protective structure and historical purpose or activity, and notes that clauses 214 and 215 will also apply to a tractor.
Protective structures on earthmoving machinery
Clause 217 provides for protective structures to be fitted to earthmoving machinery.
Subclause 217 (1) requires the person with management or control of earthmoving machinery at a workplace to ensure that the machinery is not used unless it is securely fitted with a protective structure.
Subclause 217 (2) clarifies that this provision does not apply to earthmoving machinery that has a weight of less than 1500 kg (not including attachments to the machinery) and is not designed to have a seated operator.
The clause includes a definition of protective structure and notes that clauses 214 and 215 also apply to earthmoving machinery.
Clause 217 commences on 1 January 2013 (see Clause 2).
Industrial lift trucks
Clause 218 provides for industrial lift trucks at a workplace to be fitted with a protective structure.
Subclause 218(1) requires the person with management or control of an industrial lift truck at a workplace to ensure that it is equipped with lifting attachments suitable for the load to be lifted or moved. The truck must be operated in a manner that ensures that the risks to the operator of the truck and other persons are eliminated or minimised as far as is reasonably practicable.
Subclause 218(2) also requires the person with management or control to ensure that the industrial lift truck is not used to carry a passenger unless it is designed to do so, and that the passenger seat complies with the requirements specified in the clause.
Plant that lifts or suspends loads
Clause 219 provides for the safe use of plant that lifts or suspends persons or things.
Clause 219(2) requires the person with management or control of plant used to lift or suspend persons or things at the workplace to ensure, as far as reasonably practicable, that the plant used is specifically designed to lift or suspend the load.
Subclause 219(3) provides that, if it is not reasonably practicable to use plant specifically designed to lift or suspend the load, the person must ensure that:
x the plant used does not cause a greater risk than if specifically designed plant were used; and x if the plant is lifting or suspending persons, the use of the plant complies with clause 220.
Subclauses 219(4), (5), (6) and (7) specify how the person must ensure that lifting and suspension are carried out.
Exception—Plant not specifically designed to lift or suspend a person
Clause 220 provides that the person with management or control of plant that is not specifically designed to lift or suspend a person at a workplace must ensure that:
x the persons are lifted or suspended in a work box that is securely attached to the plant; and x the persons in the work box remain substantially within the work box while they are being lifted
or suspended; and
x if there is a risk of a person falling from a height, a safety harness is provided and worn by the person in order to prevent, so far as is reasonably practicable, injury as a result of the fall; and x means are provided to enable the persons being lifted or suspended to safely exit from the plant
if it fails in its normal operation.
Subclause 220(2) provides that clause 220 does not apply to plant used in connection with stunt work, acrobatics or theatrical performances, which are governed by part 4.4 (except clause 79).
Plant used in connection with tree lopping
Clause 221 provides that the requirements under clause 220 to use a work box to lift or suspend people do not apply in connection with tree lopping if:
x suspending a person in a harness with a crane to place the person in a tree to carry out tree lopping does not create a greater risk to health or safety than using plant specifically designed to lift a person or to climb a tree; and
x the tree lopping is carried out by a competent person using that harness; and x a crane is used to put the competent person in the tree to fell it; and
x the crane has safety mechanisms that would prevent the competent person from inadvertently falling; and
x while attached to the crane, the competent person is in visual, audio or radio communication with the crane operator.
Harness is defined for the purpose of this clause.
Industrial robots
Clause 222 provides for the safe use of industrial robots at the workplace.
Clause 222(2) states that the person with management or control of an industrial robot or other remotely or automatically energised plant at a workplace must not allow or direct a worker to work in the immediate vicinity of the plant if it could start without warning and cause a hazard, unless suitable control measures are in place to control the risks to health and safety.
Subclause 222(3) provides that, if the remote or automatic energising of the plant could lead to risks to health and safety, the person must ensure that access to the area in the immediate vicinity of the plant is controlled at all times as specified in the subclause.
Lasers
Clause 223 provides for the safe use of laser equipment at the workplace. The person with management or control of laser equipment must ensure that laser equipment intended for use on plant is designed, constructed and installed so as to prevent accidental irradiation. The person must ensure laser equipment on plant is protected so that any operator of the plant or other person is not exposed to the radiation specified in subclause 223 (2) and that the visual equipment used for the observation or adjustment of laser equipment on plant causes no risk to health or safety from laser rays. In addition, the person must ensure that the workers operating the laser equipment are trained in the proper operation of the equipment.
Subclause 223(6) requires the person to ensure that Class 3B and Class 4 lasers (within the meaning of AS 2397 Safe Use of Lasers in the Building and Construction Industry) are not used in
construction work.
Pressure equipment
Clause 224 provides for the safe use of pressure equipment at a workplace.
Subclause 224(1) requires the person with management or control of pressure equipment at a workplace to ensure the equipment is inspected regularly by a competent person, and that any gas cylinder inspected is marked with a current inspection mark to show the most recent inspection.
Subclause 224(2) provides that the person with management or control of gas cylinders at a workplace that is a gas cylinder filling station must ensure that:
x a gas cylinder is not filled with gas unless it bears a current inspection mark; and x each gas cylinder is only filled with gas for which that cylinder is designed.
Scaffolds
Clause 225 applies to a suspended scaffold, a cantilevered scaffold, a spur scaffold, a hung scaffold and any other scaffold from which a person or thing could fall more than 4m.
The person with management or control of a scaffold at a workplace must ensure:
x that the scaffold is not used unless the person receives written confirmation from a competent person that construction of the scaffold has been completed,
x that the scaffold and its supporting structure are inspected by a competent person at the times specified in the subclause.
x that, if an inspection indicates that a scaffold at a workplace, or its supporting structure, creates a risk to health or safety, any necessary work is carried out, and the scaffold and its supporting structure are inspected by a competent person before the scaffold is used again.
x that unauthorised access to the scaffold while it is incomplete or unattended is prevented, for example, by danger tags.
Plant with presence-sensing safeguarding system—records
Clause 226 requires the person with management or control of plant with a presence-sensing safeguarding system at a workplace to keep a record of safety integrity tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the periods specified in the clause. The records must be available for inspection under the Act and made available to any person when the person with management or control of the plant relinquishes control.