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SAFETY MANAGEMENT SYSTEM

NT WHS LEGAL PROCEDURE AND REGISTER

Brierty Ltd ABN 65 095 459 448


72 Melville Parade South Perth WA 6151
Locked Bag 2001 South Perth WA 6951
Telephone (08) 9267 8000
Facsimile 1300 735 152
info@brierty.com.au
NT WHS LEGAL PROCEDURE AND REGISTER
SAFETY MANAGEMENT SYSTEM

CONTENTS
1 PURPOSE ............................................................................................................................................................................................... 4
2 RESPONSIBILITIES .............................................................................................................................................................................. 4
3 IDENTIFICATION OF COMPLIANCE ISSUES ........................................................................................................................... 4
3.1 Envirolaw and Safetylaw.................................................................................................................... 4
3.2 Implementing Control Measures ........................................................................................................ 5
4 BUSH FIRES LEGISLATION ............................................................................................................................................................. 5
4.1 Bush Fires Act ................................................................................................................................... 5
4.2 Bush Fires Regulations ...................................................................................................................... 5
5 FIRE AND EMERGENCY LEGISLATION ..................................................................................................................................... 6
5.1 Fire and Emergency Act .................................................................................................................... 6
5.2 Fire and Emergency Regulations ...................................................................................................... 6
6 EMPLOYMENT AND TRAINING LEGISLATION ..................................................................................................................... 6
6.1 NT Employment and Training Act ...................................................................................................... 6
7 RADIATION LEGISLATION ............................................................................................................................................................ 7
7.1 Radiation Protection Act .................................................................................................................... 7
7.2 Radiation Protection Regulations ...................................................................................................... 7
8 ROAD TRAFFIC LEGISLATION ..................................................................................................................................................... 8
8.1 Traffic Act ........................................................................................................................................... 8
8.2 Traffic Regulations ............................................................................................................................. 8
9 WORKERS REHABILITATION AND COMPENSATION LEGISLATION ......................................................................... 8
9.1 Workers Reghabilitation and Compensation Act ............................................................................... 8
9.2 Workers Reghabilitation and Compensation Regulations ................................................................. 9
10 WORK HEALTH AND SAFETY LEGISLATION ........................................................................................................................ 9
10.1 Work Health and Safety (National Uniform Legislation) Act .............................................................. 9
10.2 Work Health and Safety (National Uniform Legislation) Regulations .............................................. 11
11 CODES OF PRACTICE, GUIDEANCE NOTES AND AUSTRALIAN STANDARDS ................................................... 12

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DOCUMENT CONTROL
Document ID Document Name Comment

08PR034C NT WHS Legal Procedure and Register

Date Version Description Originator Reviewer Approver


23/02/10 1 NT Legal Procedure and Register E Kelman S Hart S Crofts
07/11/10 2 NT Legal Procedure and Register S Hart S Hart T Bevan
11/06/13 3 Renamed to WHS Legal Procedure and T Thompson B Bryan Bryan
Register
Updated the following:
Section 3 Identification of Compliance Issues
Section 5 Fire and Emergency
Section 6 Employment & Training
Section 7 Radiation Legislation
Section 8 Road Traffic Legislation
Section 9 Workers Rehabilitation &
Compensation Legislation
Section 10 Work Health and Safety
Legislation
Section 11 CoP, Guides & Aust Standards

DEFINITIONS AND ABBREVIATIONS


Term Abbreviation Comment
National Occupational Health and Safety NOHSC
Commission
Workplace health and safety WHS

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1 PURPOSE
This Summary Legal Register is current as at May 2013

In this Register, Brierty Limited is referred to as the Company (Company). The purpose of the OH&S system
is to control the impact of the Companys activities and, to the greatest extent practicable, to ensure
operations are conducted in accordance with existing legislative requirements.

Legal compliance is part of the overall risk management strategy of Brierty and through the implementation
of AS/NZS - 4801:2001 and ISO 14001:2004, in combination with this standard, a framework for
implementing and maintaining an effective safety and environmental compliance program is set out.

A compliance program is an important element in the corporate governance and due diligence of an
organisation, and should aim to prevent and where necessary, identify and respond to, breaches of laws,
regulations, codes of practice or organisational policy and standards, promote a culture of compliance and
assist Brierty in remaining a good corporate citizen.

2 RESPONSIBILITIES
All company employees will have access to this legal register to assist them in their duties; due to legislation
changing frequently it is advisable to contact your site safety personnel to ensure the most up to date
information.

3 IDENTIFICATION OF COMPLIANCE ISSUES


Brierty has established a process to identify and have access to legal and other requirements that are
applicable to activities and operations that may have a significant safety and/or environment impact. The
impacts are identified through the legal requirements register

Safety and Environmental legal requirements are achieved through a variety of forums including but not
limited to:

EnviroLaw and Safety Law (Refer to section 3.1 for more information)
External consultants (SAI Global, CCF, IFAP, CCI)
Contact with regulatory authorities (WorkSafe, Department of Industry & Recourses);
Legislative amendments;
Government Gazette;
In-house knowledge;
Review of Government, Industry Group and other relevant web-sites

3.1 ENVIROLAW AND SAFETYLAW

The ISO 14001 and AS 4801 standards require that an organisation establish and maintain a procedure to
identify legal and other requirements. This involves more than just having copies of legislation it involves
knowing the obligations, keeping them updated and having suitable controls to ensure compliance. Brierty
uses two software products to ensure legal compliance to environmental and safety legislation and they are
EnviroLaw and SafetyLaw.

EnviroLaw includes:

plain-English summaries of obligations relevant to that category


links to further information where appropriate
hyperlinked references to the source legislation for each obligation
list of due diligence requirements (e.g. Aust. standards, codes of practice & published guidelines).

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SafetyLaw includes the following information:

plain-English summaries of obligations arranged by topic


reference to the source legislation for each obligation
links to individual sections and regulations (in full text) from legislation
hyperlinks for referenced Acts, Regulations, and mandatory codes of practice & standards,
hyperlinked when the document is publicly available
comprehensive index to make finding information easy

3.2 IMPLEMENTING CONTROL MEASURES

It is the responsibility of the HSEQ Manager, Project Manager and Supervisor to identify how legislation
may impact on relevant areas of operations, the potential risk/impact of non-compliance and appropriate
control measures needed to achieve compliance. Identified control measures shall be established,
documented and implemented using either:

Action items in meeting minutes (e.g., Pre-Planning Meetings, Toolbox talks etc.)
INX Corrective Action system; or
Training in the HSEQ management system

4 BUSH FIRES LEGISLATION


4.1 BUSH FIRES ACT

Legislation Summary

An Act relating to the prevention and suppression of


As in force at 1st September 2009 bushfires

How it interacts with Brierty Limited activities


Part III Prevention and control of bush fires
Part V - General

4.2 BUSH FIRES REGULATIONS

Legislation Summary

How it interacts with Brierty Limited activities


As in force at 31 May 2005
The regulations describe the following:
Part 2 Fire prevention and control

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5 FIRE AND EMERGENCY LEGISLATION


5.1 FIRE AND EMERGENCY ACT

Legislation Summary

An Act to provide for the establishment of the Northern


As in force 1 January 2012 Territory Fire and Rescue Service, the operational and
emergency response activities of the Service, the
protection of life, property and the environment against
fires and other emergencies and for related purposes
How it interacts with Brierty Limited activities
Part 4 Restrictions on lighting fires
Part 5 Responsibilities of occupiers of land in relation to
fires
Part 6 Offences
Part 7 Miscellaneous

5.2 FIRE AND EMERGENCY REGULATIONS

Legislation Summary

How it interacts with Brierty Limited activities


As in force at 1 November 2011
The regulations describe the following:
Part 2 General Requirements
Part 2A Requirements relating to smoke alarms
Part 3 Infringement notices
Part 4 Miscellaneous matters

6 EMPLOYMENT AND TRAINING LEGISLATION


6.1 NT EMPLOYMENT AND TRAINING ACT

Legislation Summary

An Act to establish the Ministerial Advisory Board for


As in force at 1 March 2011 Employment and Training and the Northern Territory
Employment and Training Authority, to provide for
employment and vocational education and training and for
related purposes
The objectives of this Act are to enable

(a) the provision of vocational education and training that


meets the present and future needs in the Territory of
government, industry and the community and that is
nationally recognised in accordance with the AQF; and

(b) the development of employment initiatives.

How it interacts with Brierty Limited activities

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Part 4 National Training

Part 6 Apprenticeships

Part 7 Ensuring Quality of Training

Part 8 Appeals and Review Tribunal

Part 9 - Miscellaneous

7 RADIATION LEGISLATION
7.1 RADIATION PROTECTION ACT

Legislation Summary

An Act about the protection of people and the environment


As in force at 2 July 2012 from harmful radiation, and for related purposes

The objects of this Act are to:

(a) ensure the health and safety of people by protecting


them from harmful effects of radiation; and

(b) protect the environment from harmful effects of


radiation.

How it interacts with Brierty Limited activities


Part 2 - Requirements for radiation sources and related
matters

7.2 RADIATION PROTECTION REGULATIONS

Legislation Summary

Regulations under the Radiation Protection Act


As in force 2 July 2012
How it interacts with Brierty Limited activities
Key areas covered by the Act are:
Part 2 Prescribed matters for Act

Part 3 Offences

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8 ROAD TRAFFIC LEGISLATION


8.1 TRAFFIC ACT

Legislation Summary

An Act to regulate traffic, and for other purposes


As in force at 1 January 2012
How it interacts with Brierty Limited activities
Key areas covered by the Act are:
Part IV Erection and operation of traffic control devices

Part V Driving with alcohol or drug in blood

Part VA Hoon behaviour

Part VI Offences

Part VII - Prosecutions of offences, penalties, &c.

Part VIII - Miscellaneous

8.2 TRAFFIC REGULATIONS

Legislation Summary

Regulations under the Traffic Act


As in force at 1 February 2013
How it interacts with Brierty Limited activities
Part 2 Traffic Rules that apply in the Territory
Part 3 Infringement Notice Schemes
Part 3A Demerit Points
Part 4 Driving with alcohol or drug in blood
Part 6 Australian Road Rules
Part 7 - Miscellaneous

9 WORKERS REHABILITATION AND COMPENSATION LEGISLATION


9.1 WORKERS REGHABILITATION AND COMPENSATION ACT

Legislation Summary

An Act about workers' rehabilitation and compensation


As in force at 1 January 2013
How it interacts with Brierty Limited activities
Key areas covered by the Act are:
Part 5 - Workers compensation and rehabilitation

Part 6A Dispute resolution

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Part 7 Insurance

Part 8 Miscellaneous

Part 9 - Repeal, savings and transitional matters for Work


Health Act 1986

Part 10 - Transitional matters for Work Health Amendment


Act 2004

Part 11 Transitional matters for Work Health and Safety


(National Uniform Legislation) Implementation Act 2011

9.2 WORKERS REGHABILITATION AND COMPENSATION REGULATIONS

Legislation Summary

Regulations under the Workers Rehabilitation and


As in force at 1 July 2012 Compensation Act

How it interacts with Brierty Limited activities


5 - Prescribed amount
9 - Guides to evaluation of permanent impairment
12 Medical certificate accompanying claim
13 Statement of right to commence proceedings before
court
16 - Employer's wages declarations
17 Election to pay premium by instalment
17A Late payment of premiums

10 WORK HEALTH AND SAFETY LEGISLATION


10.1 WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) ACT

Legislation Summary

An Act to promote health and safety in the workplace and


As in force 1 January 2012 for other purposes

The objects of this Act are:

(a) to achieve for the Territory the highest possible


standards of occupational health and safety; and

(b) to achieve as far as possible elimination of avoidable


risks, and control and mitigation of unavoidable risks, to

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the health or safety of workers; and

(c) to make workplaces safe not only for workers but also
for others; and

(d) to encourage cooperation through consultation


between employers and workers, and associations of
employers and workers:

(i) in developing and implementing measures to improve


occupational health and safety; and

(ii) in achieving progressive improvement in standards and


performance in occupational health and safety; and Part 1
Preliminary Workplace Health and Safety Act 2

(e) to achieve a consistent, properly coordinated, and


coherent approach to occupational health and safety in the
Territory; and

(f) to promote community knowledge, awareness and


understanding of the nature and importance of issues
affecting occupational health and safety.

How it interacts with Brierty Limited activities


Key areas covered by the Act are:
Part 2 Health and safety duties

Part 3 Incident notification

Part 4 Authorisations

Part 5 Consultation, representation and participation

Part 6 Discriminatory, coercive and misleading conduct

Part 7 Workplace entry by WHS entry permit holders

Part 8 The regulator

Part 9 Securing compliance

Part 10 Enforcement measures

Part 11 Enforceable undertakings

Part 12 Review of decisions

Part 13 Legal proceedings

Part 14 General

Part 15 Transitional provisions for Work Health and


Safety (National Uniform Legislation) Act 2011

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10.2 WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION)


REGULATIONS

Legislation Summary

Regulations under the Workplace Health and Safety Act


As in force at 20 December 2012
Chapter 1 Preliminary

Part 1.1 Introductory matters

Part 1.2 - Application

Part 1.3 Incorporated documents

Chapter 2 Representation and participation

Part 2.1 - Representation

Part 2.2 Issue resolution

Part 2.3 Cessation of unsafe work

Part 2.4 Workplace entry by WHS permit holders

Chapter 3 General risk and workplace management

Part 3.1 Managing risks to health and safety

Part 3.2 General workplace management

Chapter 4 Hazardous work

Part 4.1 - Noise

Part 4.2 Hazardous manual tasks

Part 4.3 Confined spaces

Part 4.4 - Falls

Part 4.5 High risk work

Part 4.6 - Demolition work

Part 4.7 General electrical safety in workplaces and


energised electrical work

Chapter 5 Plant and structures

Part 5.1 General duties for plant and structures

Part 5.2 Additional duties relating to registered plant and


plant designs

Chapter 6 Construction work

Part 6.1 - Preliminary

Part 6.3 Duties of person conducting business or

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undertaking

Part 6.4 Additional duties of principal contractor

Part 6.5 General construction induction training

Chapter 7 Hazardous chemicals

Part 7.1 Hazardous chemicals

Chapter 8 - Asbestos

Part 8.1 Prohibitions and authorised conduct

Part 8.2 General duty (Asbestos)

Part 8.3 Management of asbestos and associated risks

Part 8.4 Management of naturally occurring asbestos

Part 8.5 Asbestos at the workplace

Part 8.6 Demolition and refurbishment

Part 8.7 Asbestos removal work

Part 8.9 Asbestos related work

Part 8.10 Licensing of asbestos removalists and


asbestos assessors

Chapter 11- General

Chapter 12 Transitional provisions for Work Health and


Safety (National Uniform Legislation) Act 2011

Chapter 13 Transitional provisions for Work Health and


Safety (National Uniform Legislation) Regulations 2012

11 CODES OF PRACTICE, GUIDEANCE NOTES AND AUSTRALIAN


STANDARDS
Northern Territory Codes Of Summary
Practice

NT Code of Practice for Induction for Construction Work

NT Code of Practice for Confined Spaces

NT Code of Practice for Construction Work

NT Code of Practice for Fatigue Management

NT Code of Practice for First Aid in the Workplace

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NT Code of Practice for Hazardous Manual Tasks

NT Code of Practice for Manage and Control Asbestos in the Workplace

NT Code of Practice for How to Manage Work Health and Safety Risks

NT Code of Practice for How to Safety Remove Asbestos

NT Code of Practice for Labelling of Workplace Hazardous Chemicals

NT Code of Practice for Managing Noise & Preventing Hearing Loss at Work

NT Code of Practice for Managing the Risk of Falls at Workplaces

NT Code of Practice for Managing the Work Environment and Facilities

NT Code of Practice for Prevention of Falls in General Construction

NT Code of Practice for Work Health and Safety Consultation, Co-operation and
Coordination

Northern Territory - Guides Summary

Guide to Application for Internal Review

Guide to Asbestos License and Notification

Guide to Demolition Notifications

Guide to Exemptions

Guide to Gasfitting License Application

Guide to High Risk License

Guide to Manifest Requirements for Hazardous Chemicals

Guide to Plant Registration

Guide to the Work Health and Safety (National Uniform Legislation) Act

Worker Representation and Participation Guide (HSR)

Workplace Right of Entry by Work Health and Safety Entry Permit Holders

National Code of Practice - Summary


Publications

National Code of Practice Concrete and Masonry Cutting and Drilling

National Code of Practice - Control of Hazardous Substances

National Code of Practice Ethylene Oxide in Sterilisation

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National Code of Practice for the Management of Asbestos

National Code of Practice for the Safe Removal of Asbestos

National Code of Practice for the Safe Use of Vinyl Chloride

National Code of Practice Hepatitis and HIV

National Code of Practice Labelling of Workplace Substance

National Code of Practice Occupational Overuse Syndrome

National Code of Practice Precast, Tilt up and Concrete Elements in Building


Construction

National Code of Practice Preparation of MSDS

National Code of Practice Road Transport Fatigue Management

National Code of Practice Scheduled Carcinogenic Substances

National Code of Practice Synthetic Mineral Fibres

National Code of Practice Safeguarding of Machinery and Plant 2009

National Code of Practice Small Quarries 2010

Standards Australia Summary


Publications

AS/NZS 1200:2000 Pressure equipment

AS/NZS 1210 Pressure vessels

AS 1216-2006: Class labels for dangerous goods

AS/NZS 1269 Occupational Noise Management

AS/NZS 1269.1:1998 Measurement and assessment of noise emission and


exposure

AS/NZS 1269.3:1998 Hearing protector program

AS/NZS 1270:2002: Acoustics - Hearing protectors

AS/NZS 1319-1994 Safety signs for the occupational environment

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AS/NZS 1337.1:2010 Personal Eye Protection

AS/NZS 1338:1992 Filters for eye protectors

AS/NZS 1418.10:2011 - Cranes, hoists and winches - Mobile elevating work


platforms

AS 1418.1-2002 Cranes, hoists and winches general requirements

AS 1418.2-1997 Serial hoist and winches

AS 1418.4-2001 Tower cranes

AS 1418.5-2002 Mobile Cranes

AS/NZS 1418.9:1996 Vehicle hoists

AS 1418.10-1996 Elevating work platforms

AS 1418.14-1996 Requirements for cranes subject to arduous working conditions

AS 1418.15-1994 Concrete placing equipment

AS 1418.17-1996 Design and construction of workboxes

AS/NZS 1576.1:2010 Scaffolding

AS 1636 Tractors Roll-over protective structures criteria and tests

AS 1674 Safety in welding and allied surfaces

AS 1674.1-1997 Safety in welding and allied processes - Fire precautions

AS 1674.2-1990 Safety in welding and allied processes - Electrical

AS/NZS 1715:1994 Selection, use and maintenance of respiratory protective


devices

AS/NZS 1716:1994 Respiratory protective devices

AS/NZS 1735.1-2003 Lifts, escalators and moving walks general requirements

AS1742.3 Traffic Control Devices for Works on Roads 2009

AS/NZS 1801:1997 Occupational protective helmets

AS/NZS 1850:2009 Portable fire extinguishers - Classification, rating and


performance testing

AS 1851-2012: Routine service of fire protection systems and equipment

AS 1873 (Power Activated (PA) hand held fastening tools)

AS 1891.4:2007 Industrial fall arrest and devices Selection, use and maintenance

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AS/NZS 1892 Portable ladders

AS/NZS 1891.4:2009 Industrial Fall Arrest System And Devices

AS/NZS 1906.1:2007 Retroreflective materials and devices for road traffic control
purposes - Retroreflective sheeting

AS 1940-2004: The storage and handling of flammable and combustible liquids

AS 1981.3 Fall arrest devices

AS/NZS 2161 Occupational protective gloves

AS 2030.1 1999 Cylinders for compressed gases other than acetylene

AS /NZS 2210.1:2010 Safety, Protective and Occupational Footwear

AS/NZS 2211 Laser safety

AS 2294-1997 Earth-moving machinery protective structures

AS/NZS 2299.1:1999 Occupational diving operations Standard operational


practice

AS/NZS 2375-1980 Guide to the selection, care and use of clothing for protection
against heat and fire

AS 2397-1993 Safe use of lasers in the building and construction industry

AS 2424 Plastic building sheets General installation requirements and design of


roofing systems

AS 2436 - 2010 Guide to Noise and Vibration Control on Construction, Maintenance


and Demolition Sites

AS 2444-2001 Portable fire extinguishers and fire blankets selection and


location

AS 2550 Cranes safe use

AS 2550.1-2011 General requirements

AS 2550.4-2002 Tower cranes

AS 2550.5-2002 Mobile cranes

AS/NZS 2550.9-1996 Vehicle hoists

AS 2550.10-1994 Elevating work platform

AS 2601-2001 The demolition of structures

AS/NZS 2604:1998 Sunscreen products evaluations and classifications

AS 2613-2005 Safety devices for gas cylinders

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AS/NZS 2865:2009 Safe working in a confined space

AS/NZS 3000:2000 Electrical installations

AS 3012:1995 Electrical installations Construction and demolition sites

AS 3547:1997 Breath alcohol testing devices for personnel use

AS 3600 2009 Concrete structures

AS/NZS 3580.10.2:2013 - Methods for sampling and analysis of ambient air-


Determination of particulate matter - Impinged matter - Gravimetric method
Published 26-Apr-13

AS/NZS 3580.9.13:2013 - Methods for sampling and analysis of ambient air -


Determination of suspended particulate matter - PM2.5 continuous direct mass
method using a tapered element oscillating microbalance monitor.

AS/NZS 3580.9.14:2013 - Methods for sampling and analysis of ambient air -


Determination of suspended particulate matter - PM2.5 high volume sampler with
size selective inlet - Gravimetric method
AS/NZS 5911:2013 - General guidelines on the verification, validation and
assurance of environmental and sustainability reports

AS/NZS 5026:2012/Amendment 1:2013: The storage and handling of Class 4


dangerous goods

AS 3610.1:2010 Formwork for Concrete Documentation and Surface Finishing

AS 3745:1999 Planning for emergencies in facilities

AS/NZS 3760 In-service safety inspection and testing of electrical equipment

AS/NZS 3833-2007: The storage and handling of mixed classes of dangerous


goods, in packages and intermediate bulk containers

AS 3873-2001 Pressure equipment Operation and maintenance

AS 4024 Safeguarding of Machinery

AS/NZS 4114-1995 Spray painting booths

AS 4760 Procedures for specimen collection & the detection & quantitation of
drugs in oral fluid

AS 4308 Collection and detection for drugs of abuse in urine

AS/NZS ISO 31000:2009 Risk Management.

AS/NZS 4501.1-2008: Occupational protective clothing - Guideline on the selection,


use, car and maintenance of protective clothing

AS/NZS 4576:1995 Guidelines for scaffolding

AS 4970 2009 Protection of trees on development sites.

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