Plant and structures :: SafeWork SA

Transitional Arrangements

Where the Work Health and Safety Regulations 2012 impose a new or significantly modified duty, a transitional period is provided to allow duty holders time to comply. There are a number of transitional provisions that relate to plant.

Where the process of designing, manufacturing, supplying, constructing and importing different types of plant or structure has begun but not been completed prior to the commencement of the WHS Act, the duties contained in the OHSW Act that relate to design, installation and construction, will continue to apply for two years. For manufacture, importation and supply the duties contained in the OHSW Act (section 24) continue to apply for one year. After this period, the duties under the WHS Act will apply.

In addition any previously approved design (including an amusement structure) is recognised unless there is a change to the design.

Any plant registration (including an amusement structure) is recognised until the licence has expired or for a further 12 months, whichever occurs first.

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Construction Work

WHS Transitional regulation	Relevant to WHS Regulation
Reg. 713 - Plant with presence-sensing safeguarding system - records Allows records made before January 2013 under regulation 27 of the now revoked Occupational Health and Safety Legislation to be recognised for the purposes of regulation 226 of the WHS Regulations.	226
*Reg. 714 - Major inspection of registered mobile cranes and tower cranes* Regulation 235 comes into effect January 2014. Before this time, the person to which 235 applies needs to be satisfied that the person carrying out the inspection is a competent person. Section 235 of the WHS Regulations makes provisions for a person (who has management or control of a registered mobile crane or tower crane) to ensure that a major inspection of the crane is carried out by (or under the supervision of) a competent person who is registered or able tobe registered (regulation 235 (4)).	235
*Reg. 715 - Records of plant* Allows records made before January 2013 under regulation27 of the now revoked Occupational Health and Safety Legislation to be recognised for the purposes of this regulation 237 of the WHS Regulations.	237
*Reg. 720 - Plant-registration of design* Allows plant design registration to continue to be recognised. Any conditions applied to the plant design will continue. Design registration for concrete placements with delivery booms and prefabricated formwork does not need registered unless the design commences on or after January 2014.	243
*Reg. 721 - Plant-registration* Any item of plant that was registered under the revoked regulations will be taken to be registered under Chapter 5 Part 3 of the WHS Regulations, and will expire on the day the registration would have been expired. Any conditions that were part of that registration continue to apply. Concrete placement with delivery booms as well as any other items of plant that did not fall under Part 3 Division 4 of the revoked WHS legislation (and are required to be registered under Chapter 5 Part 3 of the WHS Regulations) do not need to be registered until on or after January 2014.	246
*Reg. 731 - Duties of designers* Where the process of designing, different types of plant has begun but not been completed prior to the commencement of the WHS Act, the duties contained in the OHSW Act that relate to design, installation and construction, will continue to apply for two years. For manufacture, importation and supply the duties contained in the OHSW Act(section 24) continue to apply for one year. After this period, the duties under the WHS Act will apply.	59, 61, 64, 295
*Reg. 732 - Duties of manufacturers* Where the process of, manufacturing different types of plant has begun but not been completed prior to the commencement of the WHS Act, the duties contained in the OHSW Act that relate to design, installation and construction, will continue to apply for two years. For manufacture, importation and supply the duties contained in the OHSW Act (section 24) continue to apply for one year. After this period, the duties under the WHS Act will apply.	59, 61, 64, 231
*Reg. 733 - Duties of importers* Where the process of importing different types of plant has begun but not been completed prior to the commencement of the WHS Act, the duties contained in the OHSW Act that relate to design, installation and construction, will continue to apply for two years. For manufacture, importation and supply the duties contained in the OHSW Act (section 24) continue to apply for one year. After this period, the duties under the WHS Act will apply.	59, 61, 64, 232
*Reg. 734 - Duties of suppliers* Where the process of supplying different types of plant has begun but not been completed prior to the commencement of the WHS Act, the duties contained in the OHSW Act that relate to design, installation and construction, will continue to apply for two years. For manufacture, importation and supply the duties contained in the OHSW Act (section 24) continue to apply for one year. After this period, the duties under the WHS Act will apply.	59, 61, 64, 233
*Reg. 735 - Duties of persons who install, construct or commission plant or structures* Where the process of designing, manufacturing, supplying, constructing and importing different types of structures has begun but not been completed prior to the commencement of the WHS Act, the duties contained in the OHSW Act(section 24) that relate to design, installation and construction, will continue to apply for two years. For manufacture, importation and supply the duties contained in the OHSW Act continue to apply for one year. After this period, the duties under the WHS Act will apply.	234, 294, 296
*Reg. 737 - Roll-over protection on tractors* Where a tractor was manufactured before January981 a person has until January 2014 to install roll-over protection (ROP). Note: Under Regulation 216 (3) there are some tractors that are not required to have ROPs. These are tractors; are installed in a fixed position, and in a manner which would no longer permit it to be used as powered mobile plant; or with a mass of less than 560 kilograms or a mass of 5000 kilograms or more; or being used for a historical purpose or activity.	216
*Reg. 718 - Amusement structures-registration of design* Any amusement structure design registration is recognised until the licence has expired or for a further2 months, whichever occurs first.	243
*Reg. 719 - Amusement structures-registration* Any amusement structure registration is recognised until the licence has expired or for a further2 months, whichever occurs first.	246

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Plant Registration

Codes of Practice

The Code of Practice for Managing Risks of Plant in the Workplace has been developed and approved to provide practical guidance for persons who conduct a business or undertaking and have management or control of plant in the workplace, as well as to persons who install and commission plant. It includes information about specific control measures required under the WHS Regulations for plant generally.

In addition the following Codes of Practices that were approved under the revoked OHSW Legislation will continue to apply

AS/NZS 1200: Pressure equipment;
AS 4024.3001: Safety of machinery-Materials forming and shearing-Mechanical power presses;
AS 4024.3002: Safety of machinery-Materials forming and shearing-Hydrologic power presses;
AS 1418: Cranes, including hoists and winches;
AS 1735: Lifts, escalators and moving walks;
AS 1755: Conveyers-Safety requirements;
AS 3533: Amusement rides and devices;
AS 2550: Cranes, hoists and winches-Safe use;
AS 2593: Boilers-Safety management and supervision systems;
AS/NZS 3788: Pressure equipment-In-service inspection.

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