The following lists the saving and transitional provisions under the OHS Regulation 2001:
Chapter 5 - Plant
Clause No: 98(3)
Risk management for manufacture of plant for manufacturers.
A manufacturer is not required to comply with Clauses 100 - 103 of the Regulation within the period of 12 months after commencement of those clauses.
Manufacturers of plant have 12 months to implement risk management practices as outlined in Clauses 100-103.
120(4)
Requirements relating to the sale and transfer of plant
A person who sells or transfers plant is not required to comply with Division 2 of Part 5.3 of the Regulation within the period of 12 months after commencement of that Division. [Division 2 of Part 5.3 of the Regulation relates to the sale or transfer of plant]
Sellers and transferors of plant have 12 months to implement requirements covering the sale and transfer of plant.
120(5)
Hazard identification and risk assessment by hirers and lessors of plant
A person who hires or leases plant to another person is not required to comply with Clauses 124 and 125 of Division 3 of Part 5.3 of the Regulation within the period of 12 months after commencement of those clauses. [Division 3 of Part 5.3 of the Regulation relates to the hiring and leasing of plant]
Hirers and lessors of plant have 12 months to implement the requirements of identifying hazards and assess risks associated with the plant that they hire or lease.
127(3)
Control of risks by hirers and lessors of plant
A person who hires or leases plant to another person is not required to comply with sub-clause 127(2)(c) of the Regulation within the period of 12 months after commencement of the clause.
Hirers and lessors of plant have 12 months to implement the requirement to ensure that any plant which they hire or lease, that is required to have design registration, does have a current design registration number and evidence of registration is provided with the plant.
127(4)
Control of risks by hirers and lessors of plant
A person who hires or leases plant to another person is not required to comply with sub-clause 127(2)(d) of the Regulation within the period of 12 months after commencement of the clause (except to the extent that sub-clause 127(2)(d) of the Regulation applies to lifts and amusement devices).
Hirers and lessors of plant have 12 months to implement the requirement to ensure that any item of plant which they hire or lease, that is required to be registered, has a current item registration number and that evidence of registration is provided with the plant. [This implementation period does not apply to lifts and amusement devices].
132(1) & 133(1)
Provision of and obtaining of information by hirers and lessors of plant
A person who hires or leases plant to another person is not required to comply with sub-clauses 132(1) and 133(1) of the Regulation within the period of 12 months after the commencement of these clauses.
Hirers and lessors of plant have 12 months to implement requirements to provide and obtain information.
134(4)
Lifts and amusement devices previously registered
For the purposes of the Regulation, a lift or an amusement device registered under the Construction Safety Regulations 1950 immediately prior to the commencement of Part 5.4 of the Regulation is taken to be plant registered under Subdivision 2 of Division 3 of Part 5.2 of the Regulation. Recognition of existing registrations for lifts and amusement devices.
135 (a) - (i)
Installation, erection and commissioning of plant – particular risk control measures for employers
An employer is not required to comply with sub-clauses 135(a) to (i) of the Regulation within the period of 12 months after commencement of Clause 135.
Note: There is no implementation period for the requirements of sub-clause 135(j) which relate to amusement devices.
Employers have 12 months to implement certain specific requirements of clause 135(a-j) relating to the management of risks associated with the installation, erection and commissioning of plant.
Note: This does not apply to amusement devices.
136(1)
Design registration requirements for the use of plant for employers
An employer is not required to comply with sub-clause 136(1) of the Regulation within the period of 12 months after commencement of the clause.
Employers have 12 months to implement the requirement to ensure that any newly designed and manufactured plant that they use, which is required to have design registration, has a current design registration number. Evidence of the registration must be readily accessible.
136(2)
Item registration requirements for the use of plant for employers
An employer is not required to comply with sub-clause 136(2) of the Regulation within the period of 12 months after commencement of the clause.
Employers have 12 months to implement the requirement to ensure that any plant that they use, which is required to be registered, has a current item registration number. Evidence of registration must be displayed on or near the plant. This does not apply to amusement devices.
138
Dismantling, storage and disposal of plant - particular risk control measures
An employer is not required to comply with Clause 138 of the Regulation within the period of 12 months after commencement of the clause.
Employers have 12 months to ensure, in relation to dismantling, storage and disposal of plant, that:
- It is carried out by a competent person and
- all available information is provided to the competent person and
- plant is dismantled and disposed of by a competent person.