Notification of Plant and Prescribed Equipment Design Advice Documen

7/28/2019 Notification of Plant and Prescribed Equipment Design Advice Documen

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Occupational Health and Safety Regulations 2007/EquipmentRegulations 2007

Registration of Plant Design (incorporating Notifi cation of Prescribed Equipment Design)Advice

Last Revised J une 2007 Page 1 of 5Reference: PMS-017 Registration of Plant Design Revision 2

Relevant Regulations

Occupational Health and Safety Regulations 2007 (the Plant Regulations)[OHS Act 40.2] [Regulations 6.2.1 6.2.4]

Equipment (Public Safety) Regulations 2007 (the EPS Regulations)[Regulations 801-806]

Regulation Objectives

to further the objects of the Occupational Health and Safety Act 2004 by providing forhealth and safety in relation to workplaces and hazards, activities and things at workplaces[Plant Regulation 1.1.1(a)(i)]

to provide for the heath and safety of people in relation to prescribed equipment.[EPS Regulation 101(b)]

Process Objectives

Plant listed in Part 1 of Schedule 2 of the Regulations is considered high risk plant because ofits potential to cause injury and death. Records collected through Plant Design and DesignAlteration Registrations and Prescribed Equipment Design Notifications and PrescribedEquipment Design Alteration Notifications (collectively registrations) support the objectives ofthe Regulations by assisting the Authoritys preventive and compliance activities.[Plant Regulations 6.2.3 1-4][EPS Regulations 802]

Risk Profile

The Authority does not approve plant or prescribed equipment design.

Design registration of plant listed in the Plant Regulations Part 1 of Schedule 2 and notifiedprescribed equipment scheduled in the EPS Regulations must be confirmed by the Authorityor an equivalent State or Territory Agency before the plant or equipment may be used inVictoria.[OHS Act 2004 (40.2)][EPS Regulation 801(1)]

Design registration is not required for plant or prescribed equipment that design registration

has been confirmed in another State or Territory under statutory requirements reasonablyequivalent to Victorias registration. For plant requiring registration, proof of registration isrequired at time of registration.[Regulations 6.2.8(2)][EPS Regulation 805]

Applicants wishing to have their design registered in New South Wales need to tick theappropriate box on the registration form and supply the additional materials identified on theform.

WorkSafe receives approximately 1,000 design registrations per year. After acceptance of theregistration, a sample of at least 10% of submissions is audited each year as part ofWorkSafe's regulatory programs.


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Registers Legislative Requirements

The person seeking design registration must:

Provide all the information required by the Authoritys Registration of Plant Design form,including a representational drawing of the plant,and pay the fee of $52. This must bedone before using the plant at a workplace.[OHS Act 2004 40.2] [EPS Regulations 802]

If design registered plant or notified prescribed equipment is altered to an extent that itrequires new risk control measures a Registration of Alteration to Plant Design form mustbe submitted to the Authority, accompanied by a registration fee payment of $52.Associated plant or equipment must not be used, unless the altered design registration ornotification has been confirmed by the Authority or the agency that confirmed the existingregistration.[Regulation 1006(1)]

Alteration in Victoria of plant designs registered or approved in another State or Territorymust be registered with the Authority. This is done via the Registration of Alteration to PlantDesign form.[Regulation 1006(2)][EPS Regulation 806(2)]

If an alteration is made to registered item of plant such that new risk control measures arerequired, a registration using the Alteration to Registered Item of Plant form is required.

There is no fee associated with alteration to a registered item of plant. The registrationshould be done in reference to a confirmed Plant Design. If the altered design has not beenconfirmed previously by the Authority, a separate Registration of Altered Plant Design formor Registration of Plant Design form will be required.[Regulation 3.5.48(1)]

The Authoritys Legislative & Policy Requirements

The Authority:

Must check all registration forms for completeness and compliance with the Regulations.Compliance checks will also ensure that the design verification statement was made by adesign verifier who did not participate in the design.[Regulations 6.2.4(1)][EPS Regulations 804(1)]

Must within 1 month of receiving registration applications, advise the person seekingregistration in writing that:

- their registration of plant or notification of prescribed equipment design or designalteration is confirmed or[Regulation 6.2.5(4)] [EPS Regulations 802(5)]

- confirmation has been deferred and what further information is required tocomplete confirmation.[Regulation 6.2.11][EPS Regulations 802(5)]

Must respond within 1 month of receiving a registration, or the design registration isdeemed to be confirmed and the Authority must advise the person seeking registration of

this in writing.[Regulations 6.2.11&12][EPS Regulations 802(8)]

May contact notifiers by telephone to obtain whatever is necessary to finalise notificationsfor minor matters.


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[Policy]

Must process Design Alteration Registrations to the same regulatory requirements asDesign Registrations.[Regulation 3.5.48][EPS Regulation 806(1)]

Will return the application and refund the fee for any registration submitted for an item ofplant/prescribed equipment that does not require registration.[Policy]

Assigns delegations under the OHS Act, the EPS Act and the OHS Regulations forAuthority staff who have the appropriate decision-making skills to enforce the Regulations.

The Authoritys Decision Making Criteria

If the applicant has fulfilled the requirements previously outlined, the criteria to confirmregistration of plant or prescribed equipment design, or design alteration, are:

The plant is a type listed in Part 1 of Schedule 2 of the OHS Regulations or is a type ofprescribed equipment covered by the Schedule of the Equipment (Public Safety)(General)Regulations.

The plant or prescribed equipment design or design alteration was started on or after 1 J uly1995 (commencement of the OHS (Plant) Regulations 1995)[Regulation 3.5.47(2))]

Additional review will be carried out on Design Registrations where:

Designs are unusual or highly complex There is a significant hazard/risk associated with the plant or site

Similar designs have previously had safety related issues

Register has previously had safety related issues with the registered designs

The item of plant is used to suspend/support personnel

The register has not been previously audited

A number of randomly selected registrations may also be reviewed.

If selected for review the register may be requested to supply design calculations, detailed

design drawings, risk assessment and hazard identification documentation and other similarsupporting documentation.

Withdrawal of Registration

The Authority may withdraw a registration if it is satisfied that false or misleading informationwas given in the application with respect to any significant detail, or failed to disclose to theAuthority any significant information that should have been disclosed.[Regulations 6.2.20 (1)]

The Authority will provide the Licence holder with a minimum of 14 days written notice of thisintent, outlining the reasons for the proposal to refuse and any allegations, facts andcircumstances know to the Authority which are relevant to the inquiry. The Authority willinvite the person to make a submission regarding the proposed withdrawal prior to makingany decision. The person must make their submission within 30 days of the written noticefrom the Authority.


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[Regulations 6.2.29 (4)]

After considering any submissions made by the person in the time allowed the Authority will

decide whether or not grounds exist to withdraw the registration and will give the personwritten notice of its decision, the reasons for the decision, and the date the withdrawal is totake effect (no less that 14 days from the notice).[Regulations 6.2.29 (5), (6) & (7)]

Review & Appeal

Persons affected by a decision of the Authority to withdraw a Registration are entitled to applyto the Internal Review Unit for a process review of the decision within 14 days of theAuthoritys final decision. This application should be made using theApplication for ProcessReview form.[Regulation 6.3.3]

The Internal Review Unit will advise the person of their decision within 14 days of receipt of theApplication for Process Review. If the Internal Review Unit decide that the Authority did notmake the decision in accordance with all of the processes that apply under the Act and theRegulations, the Authority must reconsider their decision in accordance with these processes.[Regulation 6.3.2]

VCAT

When a Registration has been withdrawn, and the affected person has had the decisionconfirmed by the Internal Review Unit, the person may appeal to the Victorian Civil and

Administrative Tribunal within 14 days of receiving notification of the final decision. Theperson cannot appeal to VCAT unless the person has applied for Process Review.[Regulation 6.3.5(a)]

Other information

Registers should contact the Licensing Branch on 1300 852 562 if the service level ortimeframes to finalise a registration have not been met.

Should a Register fail to provide adequate evidence of compliance with Victorian legislationor legislation of another State or Territory, enforcement action will be taken to achievecompliance with the Regulations.

Plant cannot be registered for use until the Design Register(s) achieve legislativecompliance by resolving any issues raised by the Authoritys review of their plant designs.

Where an uncontrolled risk is identified, compliance activities will be undertaken byWorkSafe Victoria Inspectors.[Policy]

The Occupational Health and Safety Regulations 2007 and the Equipment (Public Safety(General) Regulations 2007 specify the various duties of people connected withplant/prescribed equipment which is to be used within Victoria and this includes duties for:

Designers of Plant Manufacturers of Plant Importers and Suppliers of Plant Employers


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Design registrations do not need to be renewed.

Exemption from these regulations can be requested by written application to the Authority.

[Regulation 7.2.3] [EPS Regulation 107] [See Exemption Advice Document]

Associated Advice Documents

General Advice Documentso Code of Practice for Plant

Specific Plant Advice Documentso Design Registration of Tower Craneso Design Registration and Registration of Pin J ib Craneso Design Registration and Registration of Milk Vats with J acketed Cooling Systems

Related Information on Registered Items of Plant

o Advice Document on Registration of Items of Planto FOR534 - Application for Registration of Item of Planto FOR533 - Notice of Relocation or Change of Ownership of Registered Items of

Plant

Forms

FOR536 Registration of Plant DesignFOR535 Registration of Altered Plant DesignFOR532 Advice of Alteration to Registered Item of Plant

Forms are available from WorkSafe offices or from WorkCovers website.

This Advice Document provides a brief explanation of the main permissioning regulatory requirements andAuthority policy, practice and administration in Victoria. Advice Documents are intended to assistindividuals to comply with Victorian legislation and are not an alternative or replacement for Victorian Actsand Regulations. It remains the responsibility of individuals to be aware of and comply with all relevantlegislation, including health and safety legislation. Advice Documents do not modify or discharge a personfrom any legal obligation imposed by the provisions of the Occupational Health and Safety Act 2004, theDangerous Goods Act 1985 or any other applicable legislation.

Notification of Plant and Prescribed Equipment Design Advice Documen

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