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					                                                    Model Work Health and Safety Regulations and
                                                   Codes of Practice Public Comment Response Form


Individual/Organisational name:                                                     Brian Bradley t/a BCS INSPECTIONS
Section A: Model Work Health and Safety Regulations Exposure Draft
General Comments (e.g. regulatory impact, level of prescription, notification, record-keeping requirements)

I am an engineer who does the majority of amusement ride inspections in Australia. I work in every state and territory. I am the only engineer who is on the
Engineer’s Australia register for the In Service Inspection of Amusement Rides.

I know that the proposed changes under the Work Health and Safety Regulations will increase the workload of engineers who inspect amusement rides by
placing impractical restrictions on them to the extent that many will be tempted to give this activity away.

As there are too few engineers available at the present time to inspect amusement rides, the implementation of these regulations, in their present form, will
only serve to exacerbate the situation. If some engineers decide to discontinue their inspections, that will only make the situation even worse.

Specifically, there are 3 main areas of concern:

    1. The requirement for non-electrically qualified inspectors to be “assisted” by an electrically qualified person, implying that both be present together at the
        inspection is impracticable. A written electrical report should suffice.
    2. The requirement for annual inspections to be “at least once every twelve months”, is impossible given the mobile nature of most amusement rides and
        the fact that the dates of shows and carnivals are not always within a 12 month period. There needs to be some flexibility built into the regulations and
        not a flexibility that must be ‘applied for’ as is the current SA position, but a genuine flexibility.
    3. The requirement for inflatables to be inspected and registered is a good thing, but the requirement that they be inspected by a professional engineer is
        nonsense. Given the current lack of engineers, to add some 20,000 or more inflatables to the inspection workload is folly. This number of additional
        inspections by engineers cannot happen because there are not enough engineers willing and able to do the work and the inflatable industry will be
        closed down. Larger inflatables may need annual engineering inspection. Smaller inflatables could safely be inspected by a “competent person” and it
        would not be beyond the capability of the regulators and/or industry associations to work together to establish the criteria for the required
        competencies.

These comments are expanded below.

Thank you in anticipation,
Brian Bradley BE MIEAust CPEng RPEQ
0412421049

Chapter 1: Preliminary (e.g. definitions)

See below

Chapter 2: Representation and participation (e.g. power to request review of risk control measures in certain circumstances)


Chapter 3: General workplace management
Part 3.1 General working environment


Part 3.2 Personal protective equipment


Part 3.3 First aid


Part 3.4 Emergency plans


Part 3.5 Review of general workplace management measures


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 (e.g. Accreditation of Assessors)


Part 4.6 Abrasive blasting


Part 4.7 Electrical work


Part 4.8 Diving work


Chapter 5: Plant and Structures

See below

Chapter 6 Construction (e.g. construction induction requirement)


Chapter 7: Hazardous chemicals
Part 7.1 Hazardous chemicals


Part 7.2 Inorganic lead
Part 7.3 Asbestos


Chapter 8: Major hazard facilities


Chapter 9: Mines


Chapter 10: General
Part 10.1 Review of decisions


Part 10.3 Exemptions
Section B: Model Codes of Practice
General Comments


How to manage work health and safety risks


How to consult on work health and safety


Managing the work environment and facilities


Managing noise and preventing hearing loss at work


Hazardous manual tasks


Confined spaces


How to prevent falls at the workplace


Labelling of workplace hazardous chemicals


Preparation of safety data sheets for hazardous chemicals
How to manage and control asbestos in the workplace


How to safely remove asbestos


Facilities for construction sites
Appendix
Penalty levels


Infringement notices


Other Comments




National Draft Regulation on Plant – Proposed amendments

No Present Draft Regulation                          Issue                                             Suggested amendment
   1.1.5
   Definitions                                       There is no definition of a workplace or a        Add Definition:
                                                     worksite. Are they the same?                      A workplace or a worksite is a location where
                                                                                                       work is undertaken.

     5.1.50
         (a) details of the erection or storage of   For amusement ride “storage” there is no          5.1.50
             the amusement device (including         definition of the meaning of “storage”.           (a) details of each erection or the storage, for a
             the date of erection) are recorded      Is it stored from one weekend until the next,     period of more than 6 months, of the
             in the log book for the amusement       or is it stored when it is taken out of service   amusement device (including the date of
             device on each occasion on which        for a period of months?                           erection) are recorded in the log book for the
             it is erected or stored; and                                                              amusement device on each occasion on
                                                                                                       which it is erected or when it is stored for more
                                                                                                       than six months ; and
5.2.1 Plant design to be registered
The design of an item of plant specified in Design information for older plant items         (a) amusement rides and devices that were not
Part 1 of Schedule 6, must be registered in may no longer be available due to designers      required to be design registered prior to this
accordance with this Part.                  and manufacturers no longer being in             regulation remain exempt from this
                                            existence and design registering such items      requirement.
                                            would pose significant problems and
                                            expense.
                                            An exemption is suggested.


5.1.48 Maintenance, repair, inspection
and testing of amusement device                                                              A person is not a competent person to carry out
(1) The person with management or           Where the professional engineer is required      a detailed inspection of an amusement device
control of an amusement device at a         to undertake an inspection of an amusement       that includes an electrical installation unless the
workplace must ensure that the              device it is impractical or unnecessary for      person is qualified, or is assisted by a person
maintenance, repair, inspection and, if     the engineer to be assisted at the same time     who is qualified, or has received a satisfactory
necessary, testing of the amusement         of an inspection by a electrical qualified       written report from a person who is qualified,
device is carried out:                      person.                                          to inspect electrical installations.
(a) by a competent person; and
(b) in accordance with:                     While any inspection that is required by an
(i) the recommendations of the designer     electrical qualified person is an important
or manufacturer or                          and necessary part of any inspection it is not
(ii) if a maintenance manual for the        necessary for the electrical qualified person
amusement device has been prepared          and the professional engineer to conduct
by a competent person, the                  inspections at the same time.
requirements of the maintenance
manual.                                     The proposed legislation will result in
(2) A person is not a competent person to   increased inspection times and make it
carry out a detailed inspection of an       difficult to schedule different engineers and
amusement device that                       business to conduct inspections which
includes an electrical installation unless     already have limited time in show schedules
the person is qualified, or is assisted by a   to complete the required tasks. It is possible
person who is qualified, to inspect            and reasonable for the electrical qualified
electrical installations.                      person to conduct his inspection independent
                                               to the professional engineer and to provide a
                                               written repost that the device is electrically
                                               safe.

                                               I propose to amend the clause as shown.


5.1.49 Annual inspection of amusement                                                           (d) Where an inflatable device has a platform
device by engineer                                                                              height of less than three (3) metres, a
(1) A person with management or control        Should SafeWork Australia find that all          competent person who has demonstrated
of an amusement device at a workplace          inflatables regardless of size should be         relevant knowledge, experience and training as
must ensure that a detailed inspection of      registered annually in accordance with           relates to AS3533.4.1 may carry out the annual
the device is carried out at least once        clause 5.2.7 then I suggest that an              inspection of the inflatable for the purpose of
every 12 months by a professional              amendment be made to the inspection of           annual item registration.
engineer.                                      inflatables with a platform height of less
(2) A detailed annual inspection carried       than three (3) metres.
out by a professional engineer under
subregulation (1) must include:                Due to the number of inflatables in this
(a) a check of information relating to the     category, and the shortage of professional
operational history of the amusement           engineers available or willing to inspect
device since the last detailed inspection;     amusement devices, I suggest that an
and                                            appropriate clause be added, as (d) under
 (b) a check of the log book for the           professional engineer.
amusement device; and
(c) a check that maintenance and               Many operators within the amusement
inspections have been undertaken in            industry have through training, operation
accordance with the regulation 5.1.48; and   and skill have acquired the knowhow to
(d) a check that any required tests have     conduct an inspection as to the condition and
been conducted, and that appropriate         suitability of the inflatable to continue in
records have been maintained; and            service. At present all operators are already
(e) a detailed inspection of the amusement   required to do this on an daily basis prior to
device to ensure compliance with the Act     the operation of a inflatable device.
and these Regulations (including a           With the initial design and plant registration
specific                                     of any such inflatable already being
inspection of the critical components of     undertaken and completed prior to an annual
the amusement device).                       inspection, the requirement of the person
(3) In this regulation:                      undertaking the annual inspection to be a
professional engineer means a person:        professional engineer is a nonsense.
(a) who is registered on the National
Professional Engineers Register
administered by the Institution of
Engineers, Australia and has experience
in dealing with amusement devices; or
(b) who is a member of the Institution of
Engineers Australia with the status of
Chartered Professional Engineer and
has the competence to inspect plant or
structures; or
(c) who has skills, qualifications and
experience determined by the regulator
to be appropriate for the purposes of
this regulation.
5.1.49 Annual inspection of amusement            The requirement for an inspection to be           A person with management or control of an
device by engineer                               conducted at least once every 12 months by        amusement device at a workplace must ensure
(1) A person with management or control          a professional engineer can cause                 that a detailed inspection of the device is
of an amusement device at a workplace            unintended hardship for amusement device          carried out at least once every 12 months by a
must ensure that a detailed inspection of        owners. An owner would usually organise           professional engineer, except:
the device is carried out at least once          for the inspection of all his/her devices when    (a) when the detailed inspection is scheduled to
every 12 months by a professional                they are gathered at a particular major show          be undertaken in conjunction with the same
engineer                                         (e.g. Easter Show at Sydney). As Easter               event (show or carnival) as the previous
                                                 does not fall on the same dates every year,           year, this period may be extended to 13
                                                 the Sydney Easter show may occur at                   months, or
                                                 intervals longer than 12 months. It is            (b) when the device is out of service at the time
                                                 therefore necessary to build in some                  of the scheduled 12 monthly inspection, the
                                                 flexibility on the 12 monthly intervals.              detailed inspection must be carried out
                                                                                                       before the device is returned to use.

5.1.50 Log book and manuals for
amusement device                                 For amusement ride “storage” there is no          5.1.50
(1) The person with management or                definition of the meaning of “storage”.           (a) details of the erection or storage, for a
control of an amusement device at a              Is it stored from one weekend until the next,     period of more than 6 months, of the
workplace, in addition to complying with         or is it stored when it is taken out of service   amusement device (including the date of
the record-keeping requirements                  for a period of months?                           erection) are recorded in the log book for the
of regulation 5.1.27, must ensure that:                                                            amusement device on each occasion on
 (a) details of the erection or storage of the                                                     which it is erected or stored; and
amusement device (including the date of
erection) are recorded in the log book for
the amusement device on each occasion            ]
on which it is erected or stored; and
(b) the log book and operating and               The requirement of clause 5.1.50 (b) is (b) The operating manual to be kept with the
maintenance manuals for the amusement            impractical. Log Books contain important device but the Log book or computer records of
device are kept with the amusement               records which are crucial documents and are maintenance and repairs, which may be kept
device.   essential to the record keeping of an away from the device, be available for
          amusement device. Log Books which are inspection within 48 hours
          left unattended at “dry hires” or events
          where the operator is not present leave these
          important records of the amusement device
          subject to the loss of integrity of the records
          or permanent loss or damage of the records.

          The loss of damage of important records will
          have serious consequences for the operator
          and or any regulator, engineer or other body
          who may be required to check, audit or
          produce such important records.

          I propose the amendment of clause (b) as
          shown.

				
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posted:9/11/2012
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