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© AWSC 2007 1

Position Paper

Public Swimming Pool Legislation in Australia: An examination of the legislation

Executive Summary This position paper has been produced for individuals reviewing the legislation related to public pools and creating guidelines for industry. The authors of this paper have examined the legislation from an operator’s perspective in the undertaking of duties associated with the day‐to‐day running of an aquatic facility in an attempt to highlight the similarities and differences between the States and Territories of Australia.

The documents that have been examined are: the Occupational Health and Safety Acts and Regulations, the Dangerous Goods Acts and Regulations, Hazardous Substances documents and Public Health Guidelines for each State and Territory. The Royal Life Saving Society Australia Guidelines for Safe Pool Operation (GSPO) and the NSW Department of Local Government Practice Note No. 15 on Water Safety are also examined. No interpretation of the legislation has been offered by the authors of this paper.

Readers should be aware that there exist additional documents such as State and Territory based and National Codes of Practice, Australian Standards and Occupational Health and Safety Alerts that should also be consulted however these have not been examined in detail within this paper.

Public swimming pools play an important role in Australian society. They are used for teaching children how to swim, providing recreational space, providing physical activities, and elite sport training venues. Each year millions of people visit public pools in Australia and place their safety in the hands of the operators and lifeguards present.

In the National Water Safety Plan 2004‐2007 the AWSC identified as important that State and Territory jurisdictions and local governments employ consistent legislation to ensure the adoption of best practice throughout Australia. As such recommendation 17 of the Plan stated:

“…That an analysis of State and Territory water safety related legislation be undertaken to identify and report on areas of inconsistency and/or deficiency…”

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Public swimming pools were identified as one of the areas where there is a legislative burden involved in operation and that over the 10 year period from 1 January 1992 to 31 December 2002 there were 88 recorded downing deaths in public swimming pools in Australia.

The operation of an aquatic facility is a highly involved process. An operator must ensure not only the health and safety of his or her employees, but also the public. This involves ensuring safe work processes are undertaken across all facets of the facility. Currently, in Australia there are numerous documents in place to regulate and guide the operations of an aquatic facility. There is legislation that outlines legal requirements in respective States and Territories. Tied to this there are also National Occupational Health and Safety Guidelines set down to regulate premises of work including, aquatic facilities. Though not of a legally binding nature, there are also Australian Standards, Royal Life Saving Society Australia Guidelines for Safe Pool Operation (GSPO) and relevant practice notes are in place to recommend systems/standards of operation within the aquatics industry.

On the basis of this research the authors of this report offer a number of recommendations.

1. That further research is undertaken into the sub areas within the criteria that have been defined within this report. Included in this research could be an examination of differences within jurisdictions, such as the application of the legislation for pool operators within NSW for example.

2. That a document be established that states all legislative duties an aquatics facility operator has within the respective State or Territory. We recommend that this document take a best practice approach and sits in support of the Guidelines for Safe Pool Operation (GSPO). It is recommended that this document take a user‐friendly approach to ensure facility operators of all backgrounds, ages and education levels can easily ensure they are complying with their legislative duties under the relevant Acts and Regulations.

3. That this document gives a preference to using and maintaining consistent terminology between the States and Territories as a means of improving the chance of compliance within a self‐regulated industry.

4. That the Royal Life Saving Society Australia (RLSSA), as the peak industry body, is best placed to establish and distribute this document to industry by distributing it alongside the GSPO which is already widely used within the aquatics industry.

5. That a long term goal surrounding this project is a document that details one consistent set of duties that are applicable to the safe operation of all public pools across Australia.

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Contents Executive Summary ........................................................................................................................................................ 1

Introduction .................................................................................................................................................................... 5

Aquatics Industry ............................................................................................................................................... 5

Legislation in Australia ....................................................................................................................................... 6

Aquatic Facility Operations ................................................................................................................................ 6

Resources which Support Safety in the Australian Aquatics Industry ................................................................ 7

Aims ................................................................................................................................................................. 10

Scope ................................................................................................................................................................ 10

How to use this document ............................................................................................................................... 11

Methods ....................................................................................................................................................................... 12

1) Defining the criteria ..................................................................................................................................... 12

2) Survey .......................................................................................................................................................... 12

3) Refining of criteria ....................................................................................................................................... 14

4) Examination of legislation ........................................................................................................................... 14

5) Information collection .................................................................................................................................. 17

6) Definitions .................................................................................................................................................... 17

Analysis of legislation ................................................................................................................................................... 19

1. Emergency Management/Response ............................................................................................................ 19

2. First Aid ........................................................................................................................................................ 22

3. Reporting of Incidents .................................................................................................................................. 24

4. Water Safety ................................................................................................................................................ 26

5. Risk Management/ Risk Assessment ............................................................................................................ 28

6. Staff Induction, Training, Instruction and Supervision ................................................................................. 30

7. Water Quality – Chemical Parameters and Frequency of Testing ............................................................... 33

8. Personal Protective Equipment (PPE) ........................................................................................................... 35

9. Material Safety Data Sheets (MSDS) ............................................................................................................ 37

10. Signage ....................................................................................................................................................... 39

11. Chemical Risk Management ....................................................................................................................... 41

12. Fire Safety .................................................................................................................................................. 44

13. Lighting ...................................................................................................................................................... 46

14. Public Address Systems .............................................................................................................................. 48

Discussion ..................................................................................................................................................................... 50

Recommendations ........................................................................................................................................................ 51

Contributors ................................................................................................................................................................. 53

Acknowledgements ...................................................................................................................................................... 53

Suggested Citation: .......................................................................................................................................... 53

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Glossary of Terms ......................................................................................................................................................... 54

References .................................................................................................................................................................... 58

Appendix 1 Emergency Management/Response ......................................................................................................... 61

Appendix 2 First Aid ...................................................................................................................................................... 67

Appendix 3 Reporting of Incidents ............................................................................................................................... 71

Appendix 4 Water Safety .............................................................................................................................................. 76

Appendix 5 Risk Management/ Risk Assessment ......................................................................................................... 78

Appendix 6 Staff Induction, Training, Instruction and Supervision .............................................................................. 83

Appendix 7 Water Quality – Chemical Parameters and Frequency of Testing ............................................................. 89

Appendix 8 Personal Protective Equipment (PPE) ........................................................................................................ 95

Appendix 9 Material Safety Data Sheets (MSDS) ....................................................................................................... 103

Appendix 10 Signage .................................................................................................................................................. 109

Appendix 11 Chemical Risk Management .................................................................................................................. 112

Appendix 12 Fire Safety .............................................................................................................................................. 122

Appendix 13 Lighting .................................................................................................................................................. 127

Appendix 14 Public Address Systems ......................................................................................................................... 131

Appendix 15 Codes of Practice ................................................................................................................................... 132

Appendix 16 Industry Survey Form ............................................................................................................................ 134

Appendix 17 Legislation Summary Table .................................................................................................................... 136

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Introduction Each year on average Australia has 274 people who drown. In the period between 1 July 2005 and 30 June 2006 there were 265 drowning deaths in Australia (National Drowning Report 2006)[1]. To combat drowning in Australia water safety advocates and government bodies have come together to form the Australian Water Safety Council (AWSC). The AWSC was set up to play a key leadership role in the implementation and coordination of water safety in Australia and as such has developed two National Water Safety Plans to assist with this coordination.

In the National Water Safety Plan 2004‐2007 the AWSC identified as important that State and Territory jurisdictions and local governments employ consistent legislation to ensure the adoption of best practice throughout Australia. As such recommendation 17 of the Plan stated:

“…That an analysis of State and Territory water safety related legislation be undertaken to identify and report on areas of inconsistency and/or deficiency…” (National Water Safety Plan: pg 6)[2].

Public swimming pools were identified as one of the areas where there is a legislative burden involved in their operation and that over the 10 year period from 1 January 1992 to 31 December 2002 there were 88 recorded downing deaths in public swimming pools in Australia.

Aquatics Industry The aquatics industry for the purpose of this research and report is all public swimming pools, aquatic centres and leisure centres that provide a vital community service in the provision and delivery of aquatic recreation, education and sport.

Smart Connections were engaged by the Aquatic and Recreation Institute (ARI) in August 2006, to undertake a survey of the aquatics and recreation industry within Australia. The results of their survey represent the first attempt to calculate the number of aquatics facilities within Australia (National Aquatic and Recreation Industry Survey: pg 4)[3].

The national ARI Survey estimates there to be 1,885 aquatic and recreation centres within Australia. Of this figure a majority of centres would include an aquatic component, with only a small percentage (18%) being a dry facility only (National Aquatic and Recreation Industry Survey: pg 6 & 9)[3].

The industry survey estimated the aquatics industry has 264,580, 977 visitors per year and employs approximately 86,166 staff. These figures identify the aquatics and recreation industry as a significant part of the broader Australian economy (National Aquatic and Recreation Industry Survey: pg 9)[3].

The Smart Connections report noted that industry identified a need for better trained staff and did not see the need for less regulation. The survey also found that those in positions of management requested more information on best practice guides and documents and performance assessments to identify opportunities for improvement (National Aquatic and Recreation Industry Survey: pg 17)[3].

With such a large and important industry in favour of instruction on how to achieve best practice and keen to improve their operations and the provision of services, there is an opportunity to

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address inconsistencies between the States with respect to legislative requirements and to encourage a higher standard of operations.

Legislation in Australia Australia is a federation with governments at Federal, State and Local levels. There exists legislation at all levels of government, however this project focuses on State legislation such as Occupational Health and Safety (OHS) Acts and Regulations, Dangerous Goods (DG) Acts and Regulations, Hazardous Substances documents and Public Health Guidelines. Reference is also made to National Occupational Health and Safety Guidelines, as well as State and Territory and National Codes of Practice.

The Guidelines for Safe Pool Operation (GSPO) were also examined for issues such as water safety. The GSPO has no formal legislative status, but is widely utilised within the industry as a voluntary guide for best practice.

Australian Standards sit alongside and are often referenced within State and Territory legislation and the GSPO. Australian Standards offer technical information on a range of topics and are important as they are more easily amended to incorporate changes within the industry than legislation.

State and Territory and National Codes of Practice are to be used in conjunction with an Act or Regulation however they do not have the same legal force. A person, or company, may not be prosecuted for failing to comply with an approved Code of Practice. However failure to comply with a Code of Practice can be used as evidence that a person has contravened or failed to comply with the provisions of the Act or Regulation. Codes of Practice are not mandatory however they must be followed unless health and safety may be achieved in other, more practicable ways.

The legislation in Australia prescribes the minimum standards an operator is to achieve in order to satisfy his or her legislative duties within the relevant State or Territory. From an RLSSA perspective, this is a concern as we see the health and safety of staff and patrons of aquatic facilities best protected when a best practice approach is taken.

Aquatic Facility Operations The operation of an aquatic facility is a highly involved process. An operator must ensure the health and safety of his or her employees, the public and ensure safe work processes are undertaken across all facets of the facility. Currently, in Australia there are numerous documents in place to regulate and guide the operations of an aquatic facility. There is legislation that outlines legal requirements in respective States and Territories. Tied to this are the National Occupational Health and Safety Guidelines which are set down to regulate premises of work including, aquatic facilities. Though not of a legally binding nature, there are a number of other documents that inform the safe operation of aquatic facilities. These include:

• Australian Standards,

• Guidelines for Safe Pool Operation (GSPO) and

• Practice notes – these recommend systems/standards of operation within the aquatics industry.

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With a climate and culture conducive to sport and recreation activities in Australia and given the high usage of aquatic facilities, the size of the aquatic industry and related risks, the regulation of the operations of aquatic facilities is a highly relevant issue.

This report examines a number of relevant State and Territory legislation and industry guidelines along a range of day to day industry criteria in an attempt to highlight the similarities and differences between the States and Territories with respect to the legislative requirements of an aquatic facility operator.

The aquatics industry, largely self regulated, has distinct challenges for legislators. As such, this report will recommend that the legislative requirements for operators of aquatic facilities should be simplified and made, where feasible, consistent on a national scale. From a Royal Life Saving Society Australia (RLSSA) perspective national legislative guidelines coupled with the GSPO would represent best practice and as such is the level of operation the aquatics industry as a whole should be aiming towards.

Resources which Support Safety in the Australian Aquatics Industry

Guidelines for Safe Pool Operation (GSPO) The Guidelines for Safe Pool Operation (GSPO) were released in August 1991 after extensive consultation and discussion with industry (GSPO: pg1)[4]. The Guidelines represent a practical tool for obtaining best practice in a broad range of areas relevant to the operation of an aquatic facility. Areas covered within the GSPO are:

• General operations

• Technical operations

• First aid

• Facility design

• Supervision

• Programs

• Low Patronage Pools.

The GSPO is subject to ongoing review and makes reference to the legislative instruments/framework that exists for pool operators. These Guidelines have no formal, legal or regulatory status; rather they are intended to be a voluntary guide (GSPO: pg 1)[4].

Practice Note No. 15 Practice Note No. 15 on Water Safety has been prepared by the NSW Department of Local Government to assist local councils in NSW in exercising their water safety functions (Prac Note: pg 1)[5]. It is primarily concerned with public swimming pools and beaches which reside under a council area of responsibility (Prac Note: pg 1)[5].

It is noted that councils have a responsibility to ensure that adequate safeguards are in place to minimise the risk of injury and death that can be associated with the water. Practice Note No. 15 is applicable to councils that both manage a pool from its own resources and to those that are managed by another person or body under a lease, license or other arrangement (Prac Note: pg 2)[5]. It outlines the legislative and policy basis of a council’s water safety functions.

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Australian Standards Australian Standards (AS) are technical documents that specify safety criteria. The Standards take a consensus approach as opposed to a best practice approach. AS are prepared by committees to provide industry and interested parties with information. AS are not compulsory unless specifically called up in legislation, however compliance with AS is mandatory if AS are referenced within legislation.

Though not examined in this paper, readers should note that AS are a valuable source of information and should be consulted for further guidance or information on safety in aquatic facilities. There are Standards relevant to the daily operations of an aquatic facility, some of which are listed below:

• AS 1319 Safety Signs for the Occupational Environment

• AS 1470 Health and Safety at Work – Principles and Practices

• AS 1499 Personal Flotation Devices – Type 2


• AS/NZS 1680.1 Interior and Workplace Lighting – General Principles and Recommendations

• AS 1885.1 Measurement of Occupational Health and Safety Performance – Describing and Reporting Occupational Injuries and Disease

• AS 1900 Flotation Aids for Water Familiarization and Swimming Tuition

• AS 1926.1 Swimming Pool Safety – Safety Barriers for Swimming Pools

• AS 1926.2 Swimming Pool Safety – Location of Safety Barriers for Swimming Pools

• AS 1926.3 Swimming Pool Safety ‐ Water Recirculation and Filtration Systems

• AS 2259 General Requirements for Buoyancy Aids


• AS 2261 Rescue Buoys

• AS/NZS 2293.2 Emergency Evacuation Lighting for Buildings – Inspection and Maintenance

• AS 2342 Development, testing and implementation of information and safety symbols and symbolic signs

• AS 2369.1 Materials for solar collectors for swimming pool heating – Rubber Materials

• AS 2369.2 Materials for solar collectors for swimming pool heating – Flexible or plasticized polyvinyl chloride

• AS 2416 Design and application of water safety signs

• AS 2488 Resuscitators intended for use with humans

• AS 2560.2.5 Guide to Sports Lighting ‐ Specific Recommendations – Swimming Pools

• AS 2569.1 Safe manual lifting and moving of patients

• AS 2569.2 Selection and use of mechanical aids for patient lifting and moving

• AS 2610.1 Spa Pools ‐ Public Spas

• AS 2675 Portable First Aid Kits for use by consumers

• AS/NZS 2927 The Storage and Handling of Liquefied Chlorine Gas

• AS/NZS 3000 Electrical Installations

• AS/NZS 3136 Approval and test specifications – Electrical Equipment for spa and swimming pools

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• AS 3550.7 Waters – The Construction and use of the Secchi Disc

• AS 3634 Solar Heating Systems for Swimming Pools

• AS 3745 Emergency Control organisation and procedures for buildings, structures and workplaces

• AS 3979 Hydrotherapy Pools

• AS 4031 Non‐reusable containers for the collection of sharp medical items used in health care areas

• AS/NZS 4233 High pressure water (hydro) jetting systems – Guidelines for safe operation and maintenance

• AS 4259 Ancillary devices for Expired Air Resuscitation

• AS/NZS 4261 Reusable containers for the collection of sharp items used in human and animal medical applications

• AS 4332 Storage and Handling of Gases in Cylinders

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Codes of Practice Codes of Practice are documents prepared for the purpose of advising employers and workers of acceptable preventative action for averting occupational deaths, injuries and diseases in relation to workplace hazards.

Approved Codes of Practice are to be used in conjunction with an Act or Regulation however they do not have the same legal force. A person, or company, may not be prosecuted for failing to comply with an approved Code of Practice. However failure to comply with a Code of Practice can be used as evidence that a person has contravened or failed to comply with the provisions of the Act or Regulation. Codes of Practice are not mandatory however they must be followed unless health and safety may be achieved in other, more practicable ways (NSW WorkCover)[6].

Codes of Practice for the States and Territories have been created on such topics as confined spaces, manual handling and the preparation of Material Safety Data Sheets. A list of some Codes of Practice relevant to the day‐to‐day duties of aquatics facility operators for each State and Territory can be found in Appendix 15. The authors of this paper acknowledge that there may be other Codes of Practice that relate to an operator’s duties.

National Aquatic and Recreational Signage Style Manual 3rd edition The National Aquatic and Recreational Signage Style Manual 3rd edition was created by the Australian Water Safety Council in consultation with the Royal Life Saving Society Australia and Surf Life Saving Australia (SLSA). The manual provides a guide for land managers and venue operators as to establishing a best practice signage system that uses standards and risk management principles (Aquatic and Recreational Signage Style Manual: pg 9)[7].

The manual provides practical instruction on sighting and design for road signs, car park signs, access signs, individual hazard and regulation signs, beach signs and flags, marine stinger signs and pool signage.

Aims The aims of this paper are to:

1. Identify key documents that outline the legislative requirements relevant to aquatic facility operators in each State and Territory.

2. Identify the similarities and differences between the State and Territory legislative requirements for operators of aquatic facilities along a list of industry specific criteria.

3. To propose a simpler and more consistent means of regulating the day‐to‐day operations for operators of aquatic facilities within Australia.

Scope This position paper examines the following documents: the Occupational Health and Safety Acts and Regulations, the Dangerous Goods Acts and Regulations, Hazardous Substances documents and Public Health Guidelines for each State and Territory. The paper also examined the Royal Life Saving Society Australia Guidelines for Safe Pool Operation and the NSW Department of Local Government Practice Note No. 15 on Water Safety. The authors of this report acknowledge that there may be other documents related to the operation of an aquatic facility in Australia such as Australian Standards, Codes of Practice and best practice guides, however the legislative documents identified above form the basis of this paper.

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This paper examined the above documents along the criteria deemed as being relevant to the day to day operations of an aquatics facility, as outlined below. As such consultation, workers compensation and similar issues that relate to the business and human resources side of an aquatics facility are not the focus of this paper.

How to use this document This position paper has been produced for individuals reviewing the legislation related to public pools and creating guidelines for industry. The authors of this paper have examined the legislation from an operator’s perspective in the undertaking of generic duties associated with the day‐to‐day running of an aquatic facility in an attempt to highlight the similarities and differences between the States and Territories. This paper has not examined legislative differences within State or Territory jurisdictions, nor has any interpretation of the legislation been offered by the authors of this paper.

The documents that have been examined are: the Occupational Health and Safety Acts and Regulations, the Dangerous Goods Acts and Regulations, Hazardous Substances documents and Public Health Guidelines for each State and Territory. The Royal Life Saving Society Australia Guidelines for Safe Pool Operation (GSPO) and the NSW Department of Local Government Practice Note No. 15 on Water Safety are also examined.

Readers should be aware that there exist additional documents such as State and Territory based and National Codes of Practice, Australian Standards and Occupational Health and Safety Alerts that should also be consulted that have not been examined in detail within this paper.

Similarly, where this paper states there are no references to a specific duty within the legislation as defined by this report, readers should note that this may not mean there is no provision for that duty within the specified State or Territory’s legislation. State, Territory and Nationally based Codes of Practice may detail an operator’s duties associated with a specific issue such as manual handling and hot and cold environments for example and these should be consulted. Further to this, an operator has a generic legislative duty to undertake a risk management approach to minimise any hazards to health and safety.

The criteria the authors of this paper have deemed to be specific to the day to day operations of an aquatic facility were drawn from the relevant legislation and this information was presented in tables that can be found within Appendices 1 to 14 of this report. Information was then drawn from these tables and formed the basis of summaries that were created within the body of this paper. These summaries employ a combination of general and specific examples of the differences between State and Territory legislation that the research highlighted. This paper has been arranged in this format in order to present the large amount of information in an accessible manner.

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Methods

1) Defining the criteria A set of criteria was established to form the basis of our initial research. The criteria was established in accordance with the GSPO and on the basis of RLSSA OHS experience gained from engagement with the aquatics industry. 28 criteria were identified during this process and are listed in Figure 2.

2) Survey The criteria were then validated through a survey to industry. This survey asked respondents to state whether each criterion was relevant to the daily operations of an aquatic facility in a simple yes or no fashion.

If yes, respondents were then asked to rank these criteria based on relevancy. A scale of 1 to 7 was utilised, with 1 being attributed a value of very little relevance and 7 being highly relevant. If no relevancy was given to a criterion, respondents were then asked to explain why or make additional comments relevant to each criterion. Finally, respondents were asked to include any additional comments they would like to include. A copy of the survey can be found in Appendix 16.

The survey was emailed to 68 people from online subscribers of the Guidelines for Safe Pool Operation (GSPO) and a group of selected industry members from all States and Territories within Australia.

Responses were then attached to an individual id number and saved. An Excel spreadsheet was created and the results entered including the State or Territory from which the respondent came. An analysis of the results was undertaken and this information was used to provide direction for the examination of the legislation.

2.1) Survey Results 42 responses were received in total which represents a response rate of 61.76%. Responses were received from every State and Territory and a breakdown of the responses on a State and Territory basis are presented in Figure 1.

Figure 1 Response by State and Territory

State Frequency Percent ACT 1 2.4

NSW 21 50.0

NT 3 7.1

QLD 4 9.5

SA 6 14.3

TAS 1 2.4

VIC 4 9.5

WA 2 4.8

Total 42 100.0

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Figure 2 Criteria by number of response and mean score

Criteria Number of responses

Mean

Emergency Management/Response 42 6.8

Emergency Plans (chemicals) 41 6.7

First Aid 42 6.7

Reporting of incidents 41 6.7

Water Safety 42 6.7

Personal Protective Equipment (chemicals) 41 6.6

Risk Management/ Risk Assessment 41 6.6

Staff Induction, Training and Instruction 41 6.6

Water Quality (chemical parameters) 42 6.6

Water Quality (frequency of testing) 42 6.6

Personal Protective Equipment 41 6.5

Electrical Safety 42 6.3

MSDS (chemicals) 41 6.3

Signage, Public Advisory Signage 42 6.3

Chemical Risk Assessment 41 6.2

Dangerous/Hazardous goods manifest 40 6.2

Pool plant operations 42 6.2

Signage, Labelling, Placarding requirements 41 6.2

Manual handling 42 6.1

Spill containment (chemicals) 41 6.1

Storage requirements (chemicals) 41 6.1

Fire Safety Systems 42 6

Licensing (chemicals) 37 5.8

Lighting 41 5.8

Confined Spaces 41 5.6

Environmental Requirements 40 5.6

Occupancy Certification 38 5.5

Public Address Systems 39 5.5

The criterion with the highest relevance to respondents was Emergency Management/Response with a mean score of 6.8. This was followed by Emergency Plans (chemicals), First Aid, Reporting of Incidents and Water Safety which were all given a mean score of 6.7. The criteria that were deemed to be the least

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relevant to daily operations by the respondents were Occupancy Certification and Public Address Systems which were each attributed a mean score of 5.5. A breakdown of results including the number of responses received for each criteria and the mean value attributed to each can be found in Figure 2.

3) Refining of criteria Based upon the feedback gained from the survey the original criteria listed in Figure 2, were further refined to a list of 14 criteria that form the basis of this paper.

Based on the findings of the survey the initial list of criteria was refined into the areas listed below:

Figure 3 List of refined criteria

Number Criteria

1 Emergency Management/Response

2 First Aid

3 Reporting of Incidents

4 Water Safety

5 Risk Management/ Assessment

6 Staff Induction, Training, Instruction and Supervision

7 Water Quality (Frequency of Testing and Chemical Parameters)

8 Personal Protective Equipment (PPE)

9 Material Safety Data Sheets (MSDS)

10 Signage

11 Chemical Risk Management/ Assessment

12 Fire Safety

13 Lighting

14 Public Address Systems

4) Examination of legislation Initially, the Occupational Health and Safety (OHS) Acts and Regulations were sourced for each State and Territory, as these are key documents for a person running a workplace. Other documents that were referenced within the OHS Acts and Regulations, such as the Dangerous Goods (DG) Acts and Regulations were then collected and analysed also. These documents were located on the internet and saved onto the RLSSA server. Whilst Australian Standards and Codes of Practice have not been included in the analysis, they may be referenced within legislation and thus require compliance. The documents analysed within this report can be found in Figure 4.

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Figure 4 Relevant Legislation and Document Summary Table

Reference Key

Document ACT NSW NT QLD SA TAS VIC WA

I OCCUPATIONAL HEALTH AND SAFETY ACT

Occupational Health and Safety Act 1989

Occupational Health and Safety Act 2000 No.40

Northern Territory of Australia Work Health Act 2007

Workplace Health and Safety Act 1995

Occupational Health, Safety and Welfare Act 1986

Workplace Health and Safety Act 1995



II OCCUPATIONAL HEALTH AND SAFETY REG

Occupational Health and Safety Regulation 2001


Work Health (Occupational Health and Safety) Regulations 2006

Workplace Health and Safety Regulation 1997

Occupational Health, Safety and Welfare Regulations 1995

Workplace Health and Safety Regulations 1998

II aOccupational Health and Safety (Confined Spaces) Regulation 1996

II b Occupational Health and Safety (Manual Handling) Regulations 1999

II. c Occupational Health and Safety (Entry Permits) Regulation 2005


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Reference Key


III DANGEROUS GOODS ACT

Dangerous Substances Act 2004

Occupational Health and Safety (Dangerous Goods) Act 2003

Northern Territory of Australia Dangerous Goods Act 2006

Dangerous Goods Safety Management Act 2001

Dangerous Substances Act 1979

Dangerous Goods Act 1998


Explosives and Dangerous Goods Acts 1961

IV DANGEROUS GOODS REGULATION

Dangerous Substances (General) Regulations 2004

Occupational Health and Safety Amendment (Dangerous Goods) Regulation 2005

Northern Territory of Australia Dangerous Goods Regulations

Dangerous Goods Safety Management Regulations 2001

Dangerous Substances Regulations 2002

Dangerous Goods (General) Regulations 1998

Dangerous Goods (Storage and Handling) Regulations 2000

Explosives and Dangerous Goods (Dangerous Goods Handling and Storage) Regulations 1992

V HAZARDOUS SUBSTANCES

National Code of Practice for the Control of Workplace Hazardous Substances (NOHSC:2007(1994))

WorkCover NSW Control of Workplace Hazardous Substances, Code of Practice 2006

National Code of Practice for the Control of Workplace Hazardous Substances (NOHSC:2007(1994))

Hazardous Substances Code of Practice 2003 in lieu of Hazardous Substances Advisory Standard 2003

a) Storage of Chemicals, Chemical Use brochure

b) Hazardous Substances Management Chemical Use Brochure

Occupational Health and Safety (Hazardous Substances) Regulations 1999

VI. PUBLIC HEALTH GUIDELINE

ACT Department of Health Swimming/Spa Pool Code of Practice

Department of Health NSW Public Pool Guidelines 1996

NT Draft Public Health Guidelines for Aquatic Facilities

QLD Health Swimming and Spa Pool Guidelines 2004

SA Public and Environmental Health Regulations 1991

Guidelines for Health and Safety in Public Places 2000

Health (Infectious Diseases) Regulations 2001

WA Code of Practice for Aquatic Facilities 2007

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Readers should note the referencing system used throughout the report corresponds with the information presented in the Figure 4. Figure 5 represents the referencing system in brief below.

Figure 5 Referencing system

I – OHS Acts II – OHS Regulations

III – DG Acts IV – DG Regulations

V – Hazardous Substances Documents VI – Public Health Guidelines

5) Information collection Information in the documents relevant to the criteria (outlined in Figure 3) was then collected in Excel spreadsheets. The key terms of each of the duties were used to search within the contents and bodies of each piece of legislation. These specific terms and surrounding terms (i.e. PPE and safety equipment for example) were also entered into a search engine within the Adobe formats of the relevant acts.

The findings were then entered into tables with the relevant references (see Appendices 1 to 14). If variations to the established criteria were found within a State or Territory’s document, the variation was noted with a letter in alphabetical order within the table and explained within the notes section for each Appendix.

A summary of the information found for each criterion was created which included definitions and examples of key differences between the States and Territories. These summaries were based on the full examination found within the Appendices and recommendations.

It should be noted that this project did not examine differences within jurisdictions such as the manner in which laws are implemented and enforced within a State or Territory, nor has it examined the penalties each document has in place for non‐compliance.

6) Definitions

For the purposes of this report the key terms have been defined as follows:

Aquatic Facility: A facility that may have one or more bodies of water and may typically have a high patronage level with multiple activities occurring at the same time. Multiple activities may include but are not limited to: school usage, lap swimming and learn to swim classes (Prac Note: p 34)[5].

Within an aquatic facility there may be a number of different bodies of water that an operator may have control over, such as hydrotherapy pools and water slides amongst others, however for the purposes of this report, the two key bodies of water generally found at most aquatic facilities are:

1. Swimming pool: A swimming pool is defined as an artificially constructed pool, other than a spa pool, to which the public has access which is used or intended to be used for swimming, diving, recreational or therapeutic bathing, exercise, paddling or wading; or which is used or intended to be used as a receiving pool of a waterslide (VIC VI: s36(1))[8].

2. Spa pool: A spa pool is defined as a water retaining structure fitted with filtration and sanitizing equipment, a heater, equipment for creating turbulent water and a skimmer system, normally

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filled with water except for maintenance purposes, and not intended to be used for swimming. (AS 2610.1‐2007)[9].

Duties of an operator: There are many duties relevant to the operation of an aquatic facility. For the purposes of this report however, the term is taken to refer to the generic day to day duties that would apply to a majority of operators at a majority of aquatic facilities within Australia.

NOTE: The authors of this report acknowledge that there may be other duties that the operator of an aquatic facility may have to undertake as part of their day to day operations. However any legislative requirements not specifically mentioned within this report would be deemed to be addressed under a generic risk assessment that all operators are legally required to undertake under Occupational Health and Safety/ most relevant legislation.

Operator: Includes an employer or controller of a facility that is responsible for generic day to day duties associated with the management and operation of an aquatic facility. This report also includes self‐employed persons within the definition of an operator.

There are a number of terms also used to identify the employer or operator of an aquatic facility. For example, an operator is referred to as an occupier of a facility in some legislation (such as the NSW OHS Regulations), the relevant person (such as in the QLD OHS Regulations) and the accountable person.

Employer: A corporation or an individual who employs persons under a contract of employment, apprenticeship or traineeship. The definition of an employer includes the self‐employed which means a person who works for gain other than under a contract of employment, apprenticeship or traineeship, whether or not that person employs others (National Model Regulations for the Control of Workplace Hazardous Substances: s4)[10].

Employee: An individual who works under a contract of employment, apprenticeship or traineeship (National Model Regulations for the Control of Workplace Hazardous Substances: s4)[10].

A list of further definitions can be found in the glossary.

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Analysis of legislation This section provides a summary of the legislation which includes a definition and description of operator duties against each of the criteria (as per Figure 3). This section also utilises examples to highlight key differences between the State and Territory’s respective legislation with respect to these duties. Please note this section is a summary of the information presented in Appendices 1 to 14 of this paper.

1. Emergency Management/Response An emergency, for the purposes of this report, is defined as an event that results in a need for emergency services to be called and/or exposes a person or property in the vicinity of the event to an immediate risk through an explosion, fire, harmful reaction or to the escape, spillage or leakage of any dangerous goods (VIC IV: pg5)[11].

Measures taken to manage and/or respond to an emergency include the formulation and use of emergency and evacuation plans, the provision and maintenance of emergency or rescue equipment and the use of incident reporting to minimise the risk of future emergencies (NSW II: s17(1))[12].

The duties an aquatic facility operator has with respect to emergency management and response have been identified as:

• To ensure an emergency plan is in place for workplaces (including the storing and handling dangerous goods or hazardous substances)

• To ensure safe and rapid evacuation • To ensure emergency equipment is provided and maintained • To ensure appropriate medical treatment of injured persons • To ensure emergency procedures are in place for persons in confined spaces • To ensure emergency equipment for confined spaces is provided • To ensure safe access to and egress from the workplace in an emergency • To provide information on emergency procedures relating to plant • To ensure all records on hazardous substances are made available on request to emergency

services • To ensure emergency lighting is installed and maintained.

Discussion Examination of the legislation found there to be only general references made to emergency management and response in the Public Health Guidelines for the States and Territories. The only exception being NT which states that an emergency ventilation system is to be in place for ozone plant rooms (NT VI: Appendix 2, s3)[13]. A detailed examination of the legislation is contained within Appendix 1 including a summary table and definitions of the criteria.

Within the other documents examined, there were several key findings.

1. Most States and Territories specify the need for an employer to have an emergency plan in place for dangerous goods and or hazardous substances. For example:

• QLD DG Act defines workplaces as being major hazard facilities or large dangerous goods locations and specifies the need for both to have an emergency plan in place (QLD III: s43&52)[14].

• ACT DG Regulations state that an emergency plan is required for premises that equal or exceed the manifest quantity for dangerous goods. This plan is to be dated and

© AWSC 2007 20

given to health and safety representatives of employees who handle the substance (ACT IV:s275(2))[15]. Instruction in the operation of the plan and use of any equipment, are to be given to all health and safety representatives at the workplace and operators of neighbouring facilities (ACT IV: s276(2))[15].

• TAS DG Regulations state that an employer at a licensed depot must prepare an emergency plan which specifies the location and quantity of each class of dangerous good, the location of all available emergency and fire fighting equipment and the location of all access and escape routes for emergency use (TAS IV: 52(1))[16].

2. There were few references made to an employer’s duty to provide emergency procedures for persons working in confined spaces. For example:

• There were no references made within the ACT, NT, TAS or WA documents.

• The NSW OHS Regulations outline the duty as defined (NSW II: s74(2))[12].

• The QLD OHS Regulations state that an employer at a workplace where a confined space is used must comply with clause 12.1 and 12.2 (emergency response) of AS 2865 (QLD II: s145,1(e))[17].

• The SA OHS Regulations state that a risk assessment on any confined space at the workplace is to include an assessment of the need for emergency and rescue procedures (SA II: s2.4.3,3(e))[18]. Further to this, there are to be rescue measures in place in the event of an emergency in a confined space (SA II: s2.4.7)[18].

3. The references made to the provision of emergency lighting also differ between the States and Territories. For example:

• There are no references made to the provision of emergency lighting in the documents for ACT, QLD, TAS, VIC and WA.

• In the NSW OHS Regulations an employer is to ensure lighting facilitates safe access to and egress from the premises, including emergency exits (NSW II: s174ZU(c))[12].

• In the NT OHS Regulations an employer is to ensure that emergency lighting is installed and maintained in accordance with AS 2293 (NT II: s57(2))[19].

• In the SA OHS Regulations a suitable emergency lighting system is to be provided and maintained if the failure of an artificial lighting system at a workplace could cause a risk to the safety of persons at work, or to the safe and rapid evacuation of persons (SA II: s2.6.2(2))[18].

Recommendations An operator’s emergency plan and management techniques are often the first measures used to respond to an emergency at a workplace. Due to the public being present and the quantities of chemicals stored at an aquatics facility, appropriate and adequate emergency response measures need to be in place to ensure staff and patrons’ health and safety. As such, the following recommendations are made:

1. That a nationally consistent document be established that sets out all duties an aquatics facility operator has with respect to emergency management and response.

2. This document is to take a best practice approach and focus on providing a consistent use of terminology at a national level. It is also recommended that the document specifically states all duties an operator has and does not simply refer back to Australian Standards, as a cohesive document may form a measure to boost compliance.

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3. That the provision of emergency management and response plans and equipment forms part of a risk management approach to ensure the health and safety of staff and patrons at aquatic facilities at all times. As such the details of emergency management and response plans and equipment should be included in staff induction and training programs.

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2. First Aid First aid, for the purposes of this report, is defined as the emergency care provided to an ill or injured person before medical care is available (Lippmann, 2006: 5)[20]. First aid duties for an operator of an aquatics facility were identified as:

• To provide trained first aid personnel

• To provide confined spaces first aid training for employees

• To provide first aid equipment including first aid kits and rescue equipment for confined spaces

• To provide first aid facilities and/or amenities.

Discussion The key legislative documents for first aid are the OHS Regulations and the Public Health Guidelines for each State and Territory. A detailed examination of the legislation is contained in Appendix 2 including a summary table and definitions of criteria.

Within these documents there were several key findings.

1. The definition of trained first aid personnel differs between States and Territories with most legislative documents requiring persons to hold a qualification from that State or Territory. For Example:

• The NSW OHS Regulations defines trained first aid personnel as a person holding a current first aid certificate or occupational first aid certificate issued after successful completion of a NSW WorkCover approved first aid or occupational first aid certificate (NSW II: s20(1))[12].

• In the NT OHS Regulations the level of training for first aid personnel is to be determined by the equipment and amenities required by the facility (NT II: s52(4))[19].

• For WA emergency care personnel require qualifications dependant upon the size and type of aquatic facility an operator is managing (WA VI: s1.2)[21].

2. The issue of provision of first aid personnel/officers also differs between the States and Territories.

• In NSW trained first aid personnel are to be provided if more than 25 people are employed at a workplace (NSW II: s20, 2(b))[12].

• In NT a person trained in first aid is to be present at the workplace at all times when work is being performed, where practicable (NT II: s52(3))[19].

3. The provision and required contents of first aid kits is also another area of difference between the States and Territories. For example:

• Both the WA Public Health Guidelines and the NSW OHS Regulations specify that first aid kits are to be provided however NSW is the only State to legislate for the required contents of the kit (NSW II: s20(5))[12].

• The ACT and TAS made few references to first aid within the examined documents.

• General references are made to first aid within the ACT DG Regulations and within the TAS OHS Act.

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• Within the ACT OHS Act an employer is to provide appropriate medical and first aid services for employees(ACT I: s37, 2(i))[22] and within the ACT Hazardous Substances Code of Practice induction and training programs are to include first aid(ACT V: s10.3(i))[23].

Recommendations The treatment of staff and patrons is an extremely important area of an operator’s duties in ensuring health and safety. Designated first aid personnel within a facility are often the first response to injured / ill workers or patrons using the resources at hand. As such the following recommendations are made:

1. States and Territories work towards consistent legislation with respect to operator duties and first aid, particularly the duty to provide first aid personnel.

2. Have consistent requirements for first aid kits in all States and Territories.

3. A risk management approach should be taken to ensure the safety of all patrons when visiting aquatic facilities. For first aid provisions, the number of staff and visitors should be taken into account when deciding on the number of trained first aid personnel in a facility and on duty.

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3. Reporting of Incidents Reporting of incidents, for the purposes of this report, has been defined as an employer’s duty to record an accident, or incident that occurs at a place of work. The notification of a serious incident or injury is to be reported to the relevant authority in each State or Territory.

Duties an operator of an aquatic facility has in relation to the reporting of incidents were identified as:

• To ensure the relevant authority is informed of reportable incidents

• To retain a copy of an incident report for a designated period

• To ensure induction and training includes procedures for reporting of incidents

• To inform workplace health and safety representatives of workplace incidents.

Discussion Examination of the legislation found there to be no references to the reporting of incidents within the Public Health Guidelines for each State and Territory, except for WA which defines a lifeguard’s duties as including the reporting of incidents (WA VI: pg 9)[21]. A detailed examination of the legislation is contained in Appendix 3 including a summary table and definitions of the criteria.

Within these documents there were several key findings:

1. Types of incidents that are to be reported vary between the States and Territories. For example:

• Under the WA Regulation an employer is to notify of serious injuries and illnesses (WA II: s2.4 & 2.5)[24]. Under the WA OHS Act injuries and diseases are to be reported (WA I: s23I, 3(c))[25].

• Under the TAS OHS Regulation dangerous incidents and serious accidents are to be reported (TAS II: s61 & 62)[26].

• Under the QLD Dangerous Goods Act an employer is to report major accidents and near misses at a place considered a major hazard facility (QLD III: s126 & s127)[14].

• Under the VIC Dangerous Goods Act an employer is to report an explosion, spillage, leakage or escape involving dangerous goods in the ownership, possession or control of that person (VIC III: s32).

2. The time periods for which reports of incidents or investigations are to be kept varies between the States and Territories. For example:

• Under the SA OHS Regulations a record of injury is to be kept for a period of 3 years after the date of the injury (SA II: s1.3.7(2))[18].

• Under the QLD Dangerous Goods Act a record of a report of major accidents and near misses at a major hazard facility are to be kept whilst the facility is in operation (QLD III: s127(2))[14].

• Under the VIC hazardous substances document, a record of any incident is to be kept for at least 5 years (VIC IV: s445(1))[11].

• Under the SA OHS Act records are to be kept for such a period as may be prescribed by the Act (SA I: s19, 3(b))[27].

3. Few references are made to an employer’s duty to ensure induction and training includes information on the procedure for reporting incidents. For example:

© AWSC 2007 25

• No reference is made within any documents analysed for VIC and WA.

• Both SA and TAS OHS Acts state that information is to be provided to employees including the names of people to whom an employee may make inquiries or complaints about matters affecting occupational health, safety and welfare (SA I: s19, 3(c))[27] and (TAS I: s9, 2(c))[28].

• Hazardous substances documents in ACT, NSW, NT and QLD all make reference to this duty.

Recommendations The reporting of incidents is an important area of an operator’s legislative duties. Creating a workplace culture where incidents are reported creates accountability and respect for health and safety. Particularly of note is the lack of reference within some States and Territories for an employer to include the procedure for reporting incidents within training and induction for employees. As such the following is recommended with respect to reporting of incidents:

1. That a nationally consistent document be established that clearly outlines all duties for operators of aquatic facilities with respect to the reporting of incidents.

2. This document is to specify an operator’s duty to report the occurrence or likely occurrence of death, injury, accidents, illnesses and diseases, dangerous occurrences, including spills, leaks or escape of dangerous substances and hazardous materials and any near misses that occur at the workplace.

3. That a risk management approach be taken to the reporting of incidents. This includes educating staff through induction and training on identifying workplace hazards that pose a risk to health and safety and on measures that can be taken to control the risk those hazards pose.

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4. Water Safety Water Safety, for the purposes of this report, is defined as the provision of activities in order to keep the public safe in, on or around the water. The authors of this report see water safety occurring in 3 distinct phases: primary measures (such as learn to swim and supervision), secondary measures (such as the rescue of people from the water) and tertiary measures (such as resuscitation). See Appendix 4 for further information.

Water safety duties for an operator of an aquatics facility were defined as:

• Ensuring primary measures such as adequate supervision of patrons in the water is provided

• Ensuring coaching and instructional staff possess approved qualifications

• Ensuring they and their staff have a sound knowledge of life saving and resuscitation techniques.

Discussion There were no references to water safety within the OHS Acts, OHS Regulations, Dangerous Goods Acts, Dangerous Goods Regulations and Hazardous Substances documents examined as part of this project. Water safety was mentioned within the Public Health Guidelines for NSW, QLD and WA. Reference is also made to water safety within the NSW Department of Local Government Practice Note No. 15 which sets out the water safety duties of NSW local councils. As a key document on water safety within the aquatics industry, the Guidelines for Safe Pool Operation (GSPO) were also examined. A detailed examination of the legislation is contained in Appendix 4.


1. Few mentions within the legislation outline qualifications for aquatic facility operators. For example:

• The NSW Public Swimming Pool and Spa Pool Guidelines and the QLD Health Swimming and Spa Pool Guidelines state that there are no legislative requirements for operator qualifications but an operator should have a sound knowledge of life saving and resuscitation techniques (NSW VI: s9)[29] and (QLD VI: Appendix 7)[30].

• The WA Code of Practice for Aquatic Facilities states that operators are to ensure only staff with appropriate qualifications are involved in instruction or coaching (WA VI: s7)[21].

• NSW Department of Local Government (DLG) Practice Note No. 15 for Water Safety makes reference to minimum qualifications and training requirements for public pool staff, including lifeguards and instructional staff (Prac Note: Appendix 2)[5].

• Though not a legislative document, the GSPO outlines standards for swimming teacher education (GSPO: PR 1)[4]. The GSPO also outlines accreditation requirements for pool lifeguards (GSPO: SU5)[4].

2. Few mentions are made to supervision. For example:

• The WA Code of Practice for Aquatic Facilities is the only document to make provisions for the supervision of patrons. Children under the age of 10 are not permitted to enter a facility unless under the supervision of a child 16 years or older (WA VI: s7.9)[21]. Lifeguards are to be able to provide supervision at all times and as such, an operator must ensure that they are not allocated with duties that would interfere with their ability

© AWSC 2007 27

to supervise patrons (WA VI: s6)[21]. The ratio of supervision to patrons is to be determined by the size and type of facility (WA VI: s7.10)[21].

• NSW DLG Practice Note No. 15 for Water Safety notes a council’s regulatory duties, making reference to general patrolling (Prac Note: s3.2)[5].

• The GSPO outlines a number of requirements for supervision such as supervision of low patronage pools (GSPO: LP1)[4], supervision of children (GSPO: SU3)[4] and people with disabilities (GSPO: SU12) and teacher to pupil ratios for safety when teaching swimming (GSPO: PR 4)[4].

3. Regulatory activities such as education on water safety also receive few mentions. For example:

• NSW DLG Practice Note No. 15 for water safety makes reference to a council’s duty to provide educational activities (Prac Note: s3.2)[5].

• The GSPO also makes reference to education on water safety by encouraging responsible behaviour (GSPO: SU 2)[4].

Recommendations The small number of references to water safety within the legislative documents examined for the States and Territories is concerning. For operators of aquatic facilities, the provision of measures to ensure water safety should be a key duty and a basic risk management measure. Therefore it is recommended that:

1. States and Territories continue to work towards consistent legislation with respect to operator duties and water safety, i.e. through the GSPO.

2. Greater involvement is seen from stakeholders in the development of water safety principles and standards, i.e. through the GSPO.

3. There is a nationally consistent legislative requirement for qualifications of all pool staff. These qualifications are to be appropriate and up to date with respect to the size and type of aquatic facility a person is working in, number, age and level of physical capability of patrons.

4. A risk management approach is taken to ensure the safety of all patrons when visiting aquatic facilities. A key component of risk management is to ensure education on water safety is provided and responsible behaviour and supervision of children are encouraged as a means of ensuring the health and safety of persons in, on or around the water.

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5. Risk Management/ Risk Assessment Risk management, for the purposes of this report, is the process of identifying, assessing and controlling the risks to people, to an organisation, or to an asset. It is relevant to many facets of the aquatics industry such as supervision, programming, occupational health and safety and plant room operation amongst others (GSPO: Appendix 4)[4]. There is a range of material available on risk management including AS/NZS 4360: 2004 and the accompanying guidelines HB 436: 2004 from Standards Australia.

It should be noted that the requirement for a risk management approach can (and should) be applied to all duties an operator of an aquatic facility has however for the purposes of this section of the report, the authors have identified an operator’s duties as including:

• To ensure workplace is safe and without risks to health

• To ensure the risk of injury or death from electricity is eliminated or minimised

• To minimise risks related to confined spaces

• To eliminate or minimise risks related to manual handling

• To eliminate or minimise risks to health and safety arising from plant

• To ensure maximum number of bathers is not exceeded.

Discussion Examination of the legislation found that risk assessment/management can be found in all pieces of examined legislation. As chemical risk assessment and management is addressed in more detail in section 11, the Dangerous Goods Acts and Regulations and the Hazardous Substances documents for the States and Territories were not examined. A detailed examination of the relevant documents is contained within Appendix 5 including a summary table and definitions of the criteria.

Within the examined documents there were several key findings:

1. There are few references made to an employer’s duty to minimise risks from electricity:

• NSW and SA OHS Regulations make reference to this duty.

• NT OHS Regulations state that an employer is to ensure electrical installations, materials, equipment and apparatus at a workplace are to be protected and maintained to minimise the risk of electrical shock or fire (NT II: s62(1))[19].

• WA OHS Regulations state that a person in control of the workplace is to minimise the risk of electrical shock or fire (WA II: s3.59(a))[24].

• There are no references made to this duty within documents from ACT, QLD, TAS and VIC.

2. The references made to an employer’s duty to minimise the risks related to confined spaces differ between the States and Territories. For example:

• References to this duty are made in the OHS Regulations for NSW, NT, SA and within the Confined Spaces OHS Regulations in VIC.

• The QLD OHS Regulations state that a relevant person at a workplace at which a confined space is used, or is to be used, must comply with the Clause 9.1 and 9.2 (Risk assessment) of AS 2865 (QLD II: s145,1(b))[17].

• The OHS Regulations for TAS and WA both state that an accountable person (TAS) or an employer (WA) are to ensure that any work performed in a confined space at a

© AWSC 2007 29

workplace complies with the requirements of AS 2865 (TAS II: s112)[26] and (WA II: s3.85)[24].

• There are no references made to this duty within documents for the ACT.

3. The references made to an employer’s duty to minimise the risks related to manual handling also differ between the States and Territories. For example:

• References to this duty are made within the OHS Regulations for NSW, NT, SA and WA.

• The TAS OHS Regulations state that an accountable person in a workplace must take all reasonable steps to ensure that the National Standard for Manual Handling, issued by Workforce Australia, is complied with in the workplace (TAS II: s65)[26].

• The VIC OHS Regulations for Manual Handling state that risk assessment is to be undertaken if a task involving hazardous manual handling has been identified (VIC IIb: s14(1))[31].

• There are no references made to this duty within documents for ACT or QLD.

Recommendation To ensure health and safety to staff and patrons at aquatic facilities, operators should aim to minimise risks wherever possible. Employing a risk management approach also satisfies an employer’s legislative duties with respect to occupational health and safety. As such, the following recommendation is made:

1. That a nationally consistent document be established that encourages operators to take a risk management approach with respect to all work processes, substances or equipment that may present a hazard to a person’s health or safety.

© AWSC 2007 30

6. Staff Induction, Training, Instruction and Supervision Staff induction, training, instruction and supervision refers to the provision of information and supervision to an employee to ensure a person’s health and safety at a place of work (QLD V: pg 1)[32].

Induction refers to the initial training given to workers when they commence employment. Training refers to ongoing training given to workers throughout their employment (QLD V: pg 18)[32]. Workplace health and safety is ensured when persons are free from risks of death, injury or illness created by workplaces, relevant workplace areas, work activities or plant or substances for use at a workplace (QLD V: pg 1)[32].

The duties an operator of an aquatic facility has with respect to staff induction, training, instruction and supervision have been identified as:

• To provide induction, training and instruction

• To provide adequate supervision

• To inform employees of hazard reporting and management procedures

• To share information with employees and undertake consultation

• To ensure members of OHS Committees or OHS Representatives undertake training

• To provide information, instruction, training and supervision for work of a hazardous nature

• To retain records of induction and training.

Discussion Examination of the legislation found there to be no references to staff induction, training and supervision within the ACT, TAS and VIC Public Health Guidelines. The NSW Public Health Guidelines make reference to a pool operator’s qualifications stating that a training course should be undertaken and the Aquatic and Recreation Institute should be consulted (NSW VI: s9)[29].

The NT guidelines state that all employees involved in the operation of ozone generating equipment shall be trained in the operation and maintenance of the equipment. Refresher training courses are to be conducted every 6 months (NT VI: Appendix 2, s1)[13]. The same reference is also made within the WA document (WA VI: Appendix 4, s1)[21]. NT also states that under good pool management procedures an operator is to ensure that all pool staff are fully trained in pool/spa operating procedures (NT VI: Appendix 5, s2(ii))[13].

The QLD Public Health Guidelines state that pool operators need to undertake one of the pool operator courses available through registered training organisations (RTOs) (QLD VI: pg2)[30]. It also states that operators of Category 1 (high risk) and Category 2 (medium risk) pools should have completed a training course in swimming pool plant operation and water quality (QLD VI: pg4)[30].

SA Public Health Guidelines state that where a pool is available for public use, the owner of the premises is to ensure that the pool is under the control and management of a person who is knowledgeable in the operation of the pool and sufficiently competent to ensure that the pool complies with the requirements of the regulations (SA VI: s8, 1(a))[33].

WA Public Health Guidelines state that it is essential that aquatic facility management and staff possess qualifications and skills that enable them to effectively operate the facility, supervise and control users and provide them with adequate emergency care (WA VI: s6)[21]. Further to this, an operator of an aquatic facility shall ensure that personnel providing instruction in specific aquatic activities such as learn to swim and scuba diving, hold an appropriate and approved qualification (WA VI: pg 48)[21].

© AWSC 2007 31

A detailed examination of the legislation is contained within Appendix 6 including a summary table and definitions of the criteria.

Within the documents examined there were several key findings:

1. There are references made to the duty of an employer to provide staff induction, training and instruction within all States and Territories. However these references vary. For example:

• There are references to this duty in the OHS Regulations for NSW, SA, VIC and WA.

• ACT Hazardous Substances document states that training is to be provided to employees who are supervising others using hazardous substances at work (ACT V: s10.2)[23]. This variant also applies in NT.

• The QLD DG Regulations state an occupier is to ensure induction, information, supervision, education and training is to be provided for persons involved with the storage or handling of stated dangerous goods or combustible liquids at that occupier’s facility or location (QLD IV: s29(1))[34].

• The TAS OHS Regulations state that an accountable person, if requested by another person, must provide to that other person any relevant health and safety information that is not commercially sensitive or of a personally confidential nature and that is necessary for that other person to fulfil his or her work related.

2. An employer has a duty to share information with employees for the purposes of consultation. That is, regularly exchange information and ideas on workplace health and safety issues with employees, health and safety committees and/or representatives and work groups among others. This duty is referred to in all the identified documents for the States and Territories, although there are inconsistencies. For example:

• There are references to this duty in the NSW and SA OHS Acts.

• There is a reference made to this duty within the TAS OHS Regulations (TAS II s15(1))[26].

• The NT and WA OHS Acts make reference to the role of health and safety committees to facilitate cooperation and communication between employers and employees (NT I: s44C(a))[35].

• The VIC OHS Act states that employers and employees should exchange information and ideas about risks to health and safety and measures that can be taken to eliminate or reduce those risks (VIC I: s4(4))[36].

• The QLD OHS Regulations state that consultation is to be undertaken for risk assessment of lead‐risk jobs (QLD II: s129,8(a))[17].

• The ACT DG Regulations state that a person in control of a registrable premises must consult with employees and/or any health and safety representatives of the employees on induction, training, information provision, hazard identification, risk assessment and risk control in relation to dangerous substances (ACT IV: s226)[15].

3. There are references made to an employer’s duty to retain records of training and instruction in most States and Territories. For example:

• There are references to this duty within the OHS Regulations for NSW, NT, QLD, SA and WA.

© AWSC 2007 32

• There is a reference to this duty within the VIC DG Regulations (VIC IV: s402(3))[11].

• The ACT DG Regulations state that a person in control of a registrable premises must ensure that a record of induction, information, training and supervision given, is made and kept for at least 5 years after the day the record is made (ACT IV: s245(4))[15].

• The QLD Hazardous substances document states that risk assessment records are to include the induction and training procedures to be taken (QLD V: pg34)[32].

• TAS is the only State to not make reference to an employer’s duty to retain these records.

Recommendations The provision of induction, training, instruction and supervision is an extremely important part of an operator’s duties as they represent important measures to manage the risk workplace hazards may present. As such the following recommendations are made:

1. That a nationally consistent document be established that outlines all duties an operator has with respect to the provision of staff induction, training, instruction and supervision.

2. That this document recognises the importance of the process of consultation between staff and employers. Employees are often the first to recognise hazards at the workplace and are often more susceptible to risks to health and safety as a result.

3. That the provision of induction training instruction and supervision from employer to employees form part of a risk management approach to ensure health and safety of staff at aquatic facilities.

© AWSC 2007 33

7. Water Quality – Chemical Parameters and Frequency of Testing Water quality within this report refers to chemical parameters and the frequency of testing at an aquatic facility. Chemical parameters are defined as the level (or range) at which various chemicals are to be present within the water to maintain water quality at acceptably safe levels. Frequency of testing refers to the frequency with which water chemistry testing is to be undertaken at both swimming pools and spa pools. Testing can be undertaken using both automatic and manual systems and frequency of testing is often dependent upon the number of patrons a facility receives (WA VI: s1.2)[21].

Duties an operator of an aquatic facility has in relation to chemical parameters and frequency of testing were defined as being:

• To control the pH levels within a swimming and spa pool when chlorine is used

• To ensure the levels of free, combined and total chlorine are maintained to adequate levels

• To ensure that the testing for free, total and combined chlorine are undertaken to the required levels.

Discussion Analysis of the legislation found the key documents for chemical parameters and frequency of testing to be the Public Health Guidelines for each State and Territory. No mention of chemical parameters or frequency of testing is made within any other legislative documents examined. A detailed examination of the legislation is contained in Appendix 7 including summary tables and definitions of criteria.


1. The required pH levels for swimming and spa pools were consistent across the States and Territories with the exception of VIC and SA. For example:

• For all States and Territories, with the exception of SA and VIC, pH levels are to be maintained between 7.2 and 7.8 (ACT VI: Table 5)[37].

• SA pH levels are to be maintained between 7.2 and 7.6 (SA VI: s6,1,b(v))[33].

• VIC pH levels are to be maintained between 7.2 and 8.0 (VIC VI: s44)[8].

2. The level of free, combined and total chlorine are similar between the States and Territories. For example:

• ACT and NSW both have the same parameters for all chemicals examined.

• NT and WA both recommend that combined chlorine levels be no greater than 30% of free chlorine levels (NT VI: pg 19)[13].

3. The frequency of testing was found to be consistent across several groups of States and Territories. For example:

• For ACT, NSW and TAS facilities, testing is to be carried out for free chlorine, total(combined) chlorine and pH prior to opening and then once during the day to confirm automatic readings (with automatic readings to be logged four hourly) (ACT VI: Table 2)[37].

• For NT, QLD and WA facilities, the frequencies of testing vary depending upon the type of facility the venue is deemed to be (NT VI: s5.5)[13].

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• SA swimming and spa pools are to be fitted with automatic equipment that continually analyses the level of disinfectant in the water and the pH level of the water (SA VI: s6,1,c(ii))[33].

• VIC swimming and spa pools are to be tested no less than every 4 hours for free chlorine and pH levels. Combined chlorine levels are to be tested daily for both swimming and spa pools (VIC VI: Table 51)[8].

Recommendations The maintenance of clean and clear water is important to maintain customer satisfaction and ensure the health and safety of pool patrons. Adequately disinfected water can prevent the spread of disease and ensure patron comfort whilst in the water. As such the following recommendations are made:

1. States and Territories are to work towards consistent legislation with respect to an operator’s duties to ensure chemical parameters are maintained and testing is undertaken frequently.

2. The legislation is to ensure that the chemical parameters and designated frequency of testing take into account the varied types of aquatic facilities, water treatment systems and other factors that influence the disinfection process.

3. A risk management approach is to be taken with respect to chemical parameters and frequency of testing to ensure the health and safety of all patrons when visiting aquatic facilities.

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8. Personal Protective Equipment (PPE) Personal Protective Equipment (PPE) for the purposes of this report has been defined as any clothing, equipment and/or substance designed to be worn by a person and to protect that person from risks of injury or illness whilst at a place of work (WA I: pg 148)[25]. This includes, but is not limited to, ear plugs for hearing protection when working with loud noises, gloves and protective eye wear for working with hazardous substances and sun protection cream (NSW II: s15(2))[12].

The duties an aquatic facility operator has with respect to personal protective equipment have been identified as:

• To provide PPE, including: o for confined spaces (and contaminated confined spaces) o for use in cold environments o for use with loud noises o for use with hazardous substances and or dangerous goods

• Ensure PPE is hygienic and repaired

• To provide employees with PPE instruction and training (including PPE used in confined spaces)

• To inform employees of limitations of PPE

• To clearly identify areas where PPE are to be worn

• To provide storage for PPE.

Discussion Examination of the legislation found that within State and Territory OHS Acts there are references to PPE and an operator’s associated duties. There are general references made to PPE within the documents for ACT, NT and VIC, however no references are made to PPE within the OHS Acts for NSW, SA and TAS. In the QLD OHS Act, PPE is to be used to manage exposure to risks (QLD I: s27A,2,b(v))[38].

In the WA OHS Act induction and training on the correct care and use of PPE is to be given to an employee who is likely to be exposed to lead (WA I: s5.58,1(d))[25]. Further to this, any contaminated clothing or PPE is to be removed before entering an area set aside for the consumption of food (WA I: s5.61(c))[25].

There are general references to PPE made within the VIC and SA Dangerous Goods Acts and no references for ACT, NSW, NT, QLD and TAS. A detailed examination of all other relevant documents is contained within Appendix 8 including a summary table and definitions of the criteria.

Within the documents examined there were several key findings:

1. There are references in all States and Territories outlining an employer’s duty to provide PPE. For example:

• In SA OHS Regulations an employer is to provide PPE that is an effective size and fit and reasonably comfortable for a person who must use it or wear it (SA II: s2.12.1,4(b))[18].

• In WA OHS Regulations if an employer is required to provide equipment such as safety helmets, eye protection, gloves, footwear and skin protection including sunscreen, they are to be in accordance and compliant with the relevant AS (WA II: s3.33,1(b))[24].

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• In QLD OHS Regulations appropriate PPE for chemicals used at the workplace should be readily available and used (QLD II: pg 22)[17].

2. There are few references to the duty of an employer to provide an employee with instructions on limitations of PPE. For example:

• In the SA Dangerous Goods Regulations an employer is to instruct employees as to the hazards and risks involved in the performance of their duties and in the use of any safety equipment or protective clothing provided for their use (SA IV: s9,1(g))[39].

• There are no references made to this duty in ACT, QLD, TAS and VIC documents.

• There are references made in documents for NSW, NT, and WA.

3. References to an employer’s duty to provide PPE for dangerous goods/hazardous substances are similar across the States and Territories. For example:

• There are references to this duty within documents for ACT, NSW, QLD, SA, VIC and WA.

• There are no references to this duty within TAS documents.

• Both the NSW and QLD Public Health Guidelines state that when handling chemicals an employer is to ensure that workers are wearing appropriate protective impervious gloves and goggles (NSW VI: s3.2)[29] and (QLD VI: pg 18)[30].

• NT Public Health Guidelines state that workers involved in the clean up of faecal and other body fluid accidents must use PPE and avoid direct contact with faecal/body fluid (NT VI: s6.9)[13].

Recommendations The provision and use of PPE at an aquatic facility is an important means of ensuring the health and safety of employees. PPE can be used to minimise hazards from a wide range of risks that may be present at a place of work. As such, the following recommendations are made:

1. That a nationally consistent document be established that details all duties an employer has with respect to the provision, use and maintenance of PPE at an aquatic facility and includes the duty to provide training and instruction to employees in use and maintenance of PPE.

2. That this document takes a best practice approach and focus on providing a consistent use of terminology at a national level. It is also recommended that the document specifically states all duties an operator has (this then refers back to Australian Standards for technical information), as a cohesive document forms an effective measure to boost compliance.

3. That the provision of PPE forms part of a risk management approach to ensure the health and safety of staff at aquatic facilities at all times.

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9. Material Safety Data Sheets (MSDS) Material Safety Data Sheets (MSDS), for the purposes of this report, have been defined as documents that describe the properties and uses of a hazardous substance and/ or dangerous goods. An MSDS is to include information on the identity, chemical and physical properties of a substance or good, health hazard information and precautions for use and first aid information (NT II: pg 6)[19].

Duties related to MSDS for an operator of an aquatic facility have been defined as:

• To obtain an MSDS for a hazardous substance or dangerous good, stored or handled at the workplace

• To ensure MSDS are readily accessible to employees for both hazardous substances and dangerous goods stored or handled at the workplace

• To ensure MSDS are not altered for both hazardous substances and dangerous goods

• To keep and maintain a register containing the current MSDS for all hazardous substances and dangerous goods stored or handled at the workplace

• To ensure the MSDS is updated and reviewed as necessary.

Discussion Analysis of the legislation found the key documents with respect to MSDS to be the Dangerous Goods Regulations, Hazardous Substances Documents and the Public Health Guidelines for each State and Territory. A detailed examination of the legislation is contained in Appendix 9 including a summary table and definitions of the criteria.


1. Overall there are many references to an operator’s duty to obtain an MSDS for a good or substance stored or handled at a workplace; however there are some variations of note. For example:

• Under the QLD OHS Regulation an employer does not have to obtain an MSDS for a hazardous substance if it is contained in a consumer package that will not be opened on the operator’s premises (QLD II: s101, 2(b))[17].

• No reference is made to an operator’s duty to obtain a MSDS for dangerous goods in NT, SA, TAS and WA documents.

2. There are variations between the States and Territories in relation to an operator’s duty to ensure MSDS for hazardous substances and dangerous goods are readily accessible to employees.

• The NSW OHS Regulation states that an employer is to ensure an MSDS for a hazardous substance is readily accessible to an employee who could be exposed to the substance and is made available, on request to emergency services (NSW II: s174)[12].

• The QLD OHS Regulation states that an employer is to keep a copy of the MSDS close enough to where the substance is being used to allow a worker who may be exposed to the substance to refer to it easily. There is no requirement to ensure the MSDS are accessible to emergency services (QLD II: s102(2))[17].

• The ACT hazardous substances document states that an MSDS is to be readily accessible to employees, employee representatives and to those employees who are supervising

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others working with hazardous substances (ACT V: s8.5)[23]. This document is also applicable to NT and SA.

• The VIC DG Regulation states that an employer is to ensure that an MSDS for a dangerous good is accessible to any other persons on the premises in addition to employees and emergency services authorities (VIC IV: s438, 1(b)) [11].

• There are no references made to the duty to ensure MSDS for dangerous goods are readily accessible in the documents for NT, SA, TAS and WA.

3. An employer’s duties to maintain a register are generally consistent between the States and Territories with minor variations in some states. For example:

• NT OHS Regulations does not make reference to MSDS for dangerous goods to be included in a register (NT II: s68(4))[19].

• Similarly, SA OHS Regulations states that a register is to be maintained for hazardous substances but does not make reference to dangerous goods (SA II: s4.1.11, 2(b))[18].

• The NSW hazardous substances document states that if a substance is both a dangerous good and a hazardous substance, this is to be indicated on the register (NSW V: s5.13)[40].

Recommendations As aquatic facilities often store and handle various kinds of chemicals, the maintenance and provision of MSDS is an extremely important issue for facility operators. MSDS are often the first sources of information an employee or operator will access in a situation where there are risks to health and safety at the workplace involving dangerous substances and/or hazardous goods. As such the following recommendations are made:

1. There is a National Code of Practice for the Preparation of MSDS [NOHSC: 2011(2003)] and as variations exist between the States and Territories on an operator’s duties with respect to MSDS, it is recommended that States and Territories move towards ensuring operators adhere to this document.

2. That the provision, location and maintenance of MSDS forms part of a risk management approach to ensure the health and safety of employees at the workplace.

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10. Signage Signage for the purposes of this report has been defined as information on signs that a workplace is required to display to ensure the health and safety of staff and patrons. It is noted in Appendix 10 that water safety signage is an important element of an aquatic facility operator’s duties with respect to signage; however these will be examined in more detail in a subsequent report.

The duties an operator of an aquatic facility has with respect to the provision of signage have been identified as:

• To ensure signs identifying workplace hazards are displayed

• To ensure areas where PPE is to be worn are signposted

• To ensure first aid equipment and amenities are signposted

• To ensure emergency means of access and egress are signposted

• To ensure signs are erected in relation to confined spaces.

Discussion There were no references made to signage as defined above within the OHS Acts and the Dangerous Goods Acts for the States and Territories. Public Health Guidelines largely made general references to the provision of water safety signage and as such were not examined in this report. The WA Public Health Guidelines was the only document which made reference to the provision of signage for means other than water safety, noting that the location of first aid rooms are to be clearly identified by signs (WA VI: s2.22.2)[21]. A detailed examination of the legislation is contained in Appendix 10 including a summary table and definitions of the criteria.

Within the relevant documents there were several key findings:

1. Few references are made to the identification of workplace hazards through the use of signs. For example:

• No reference is made to the identification of hazards through the use of signs in documents for the ACT, NSW, QLD, TAS and VIC.

• Both NT and WA OHS Regulations denote the use of signs compliant with AS1319 to identify hazards at a place of work (NT II: s50)[19] and (WA II: s3.11)[24].

• SA OHS Regulations states that warning signs compliant with the appropriate requirements of AS 1319 are to be displayed wherever a person could encounter materials that would burn with extraordinary speed or could cause an explosion (SA II: s2.7.1, 2(c))[18].

2. Only one reference is made to the use of signage to identify first aid equipment and amenities and the emergency means of access and egress.

• NT OHS Regulation is the only document to include the use of signs to identify the location of first aid equipment and amenities as an operator’s duty (NT II: s52(5))[19].

• Similarly, the NT OHS Regulation is the only document to make reference to the use of signs to identify emergency means of access to and egress from the workplace (NT II: s47(3))[19].

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3. The duties in relation to the provision of signs for confined spaces at a workplace vary between the States and Territories. For example:

• There is no reference to an operator’s duty to use signs to identify confined spaces at a workplace within the analysed documents for the ACT, NT, QLD, TAS and WA.

• The VIC OHS Regulations state an operator has a duty as defined (VIC IIa: s20)[41].

• Under the NSW OHS Regulation an employer is to ensure that both appropriate signs are displayed and protective barriers are erected to prevent the entry into a confined space of persons who are not authorised by an entry permit (NSW II: s75)[12]. Further to this, under the NSW hazardous substances document, an employer is also to ensure warning signs are provided for confined or exposed spaces where there is a risk of exposure to atmospheric contaminants or unsafe levels of oxygen (NSW V: s5.22)[40].

• Under the SA OHS Regulation an employer is to ensure, before a person enters a confined space, and while a person is within a confined space, that appropriate signs and protective barriers are erected to prevent unauthorised persons from entering the area (SA II: s2.4.4(5))[18].

Recommendation The use of signage at the workplace is an important means of providing information to staff and patrons. Signage can be utilised to identify hazards and/ or ensure risk control measures such as PPE or clothing are used. As such the following is recommended with respect to the provision of signage at aquatic facilities:

1. That a nationally consistent legislative document be established that ensures adequate and appropriate signage is utilised at all public aquatic facilities.

2. That aquatic facility operators are educated on the need for such signage to be used at a workplace as it forms an important part of the risk assessment and management of a facility’s hazards.

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11. Chemical Risk Management Risk management is the process of identifying, assessing and controlling risks to people, to an organisation, or to an asset (GSPO: APP 4)[4]. Risk management of chemicals includes the signage, labelling and placarding of chemicals, storage requirements for chemicals and the provision for spill containment and the safe disposal of chemicals amongst other elements.

The provision and use of PPE, Material Safety Data Sheets (MSDS) and Emergency response and fire safety measures are also a significant part of chemical risk management and are discussed in greater detail in Appendix 1 (Emergency response), Appendix 8 (PPE), Appendix 9 (MSDS) and Appendix 12 (Fire Safety) of this report.

The duties an aquatic facility operator has with respect to chemical risk management have been identified as including:

• Undertaking risk assessment with respect to hazardous substances and dangerous goods

• Recording the results of risk assessment

• Ensuring chemicals are stored correctly

• Ensuring chemicals are stored in labelled containers

• Ensuring dangerous goods do not become unstable

• Reducing risks to health and safety with respect to chemical spills

• Reducing risks to the environment with respect to chemicals

• Providing health surveillance

• Providing employees with instruction, induction, supervision and training on chemical risk minimisation

• Identifying any hazardous substance within an enclosed system.

There also exists a duty which depending upon quantities of dangerous goods, an operator must use placards, maintain a manifest and either report or notify the Relevant State Authority or apply for a licence. See table 11b for further information.

Discussion Examination of the legislation found that within the OHS Act for the States and Territories there are predominately general references made to a reduction of risks posed to health and safety as a result of chemical handling and use.

• The ACT OHS Act states that an employer is to ensure the safety at work of, and the absence of risks at work to the health of the employees in connection with the use, handling, storage or transport of plant or substances (ACT I: s37, 2(c))[22].

• The NSW OHS Act states that an employer is to ensure that any substances provided for use by the employees at work is safe and without risks to health when properly used (NSW I: s8(b))[42].

• The NT OHS Act with respect to chemical risk assessment and management states that a key duty of employers is to provide and maintain a working environment that is safe and without risks to the health or safety of the workers working at the workplace (NT I: s29,1(a))[35].

A detailed examination of the legislation is contained within Appendix 11 including a summary table and definitions of the criteria.

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Within the analysed documents there were several key findings:

1. There are inconsistencies between the States and Territories with respect to an employer’s duty to store chemicals safely. For example:

• There are references made in all States and Territories to this duty with the exception of VIC and WA.

• NSW OHS Regulations state that an employer is to ensure dangerous goods are stored separately from any substances that it is not compatible with (NSW II: s174T)[12]. This reference is also made within the NSW DG Regulations.

• ACT Hazardous Substances document states that induction and training programs are to include storage procedures for hazardous substances (ACT V: s10.3(e))[23]. This reference is also made within the NT Hazardous Substances Document.

• NT Public Health Guidelines state that all chemicals should be kept in lockable storage (NT VI: s7.7)[13].

2. The references made to the duty of an employer to ensure that dangerous goods do not become unstable are similar in the three States and one Territory that make reference to it :

• The DG Regulations for ACT, NSW, QLD and VIC all make reference to this duty.

• There are no references made to this duty within the examined documents for NT, SA, TAS and WA.

3. The duty of an employer to provide instruction, information and training on chemical risk minimisation is also similar between the States and Territories. For example:

• References are made to this duty within all States and Territories with the exception of TAS.

• In the NSW OHS Regulations an employer is to ensure that any person who may be exposed to a risk to health and safety receives instruction, training and information on any risks at the employer’s workplace (NSW II: s13(2))[12].

• In the ACT DG Regulations induction, information, training and supervision are to be provided for substance handlers (ACT IV: s245(2))[15].

Recommendations Due to the large quantities and wide variety of chemicals stored and handled at an aquatics facility, chemical risk management and the associated duties should be of primary concern to an operator. As such the following recommendations are made:

1. That a nationally consistent legislative document be established that outlines all duties an operator has with respect to chemical risk management as a means of reducing risks to the health and safety of staff and patrons within an aquatic facility.

2. That those States and Territories that do not make reference to placard or manifest quantities of dangerous goods and/or do not make provisions for the need for a license or notification to the relevant state authority with respect to certain quantities of dangerous goods, legislate this duty to a best practice level.

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3. That the provision, maintenance and review of chemical risk management measures form part of a wider risk management approach to ensure health and safety is maintained at an aquatics facility.

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12. Fire Safety Fire Safety, for the purposes of this report, has been defined as the steps or measures an employer is to undertake to prevent an uncontrolled fire or explosion, or the risk of an uncontrolled fire or explosion from occurring at a place of work. The duties an aquatic facility operator has with respect to fire safety have been identified as being:

• To provide fire protection systems

• To provide fire extinguishers

• To ensure ignition sources in hazardous areas are eliminated

• To report an incident

• To retain notice of the incident

• To minimise risk of flammable materials

• To eliminate flammable atmospheres

• To provide equipment for fire suppression within a confined space.

Emergency and evacuation plans are also important to fire safety procedures however these are examined in more depth in Section 1: Emergency Management and Response.

Discussion There were no references to fire safety within the ACT, NSW and TAS OHS Acts and only general references made to fire safety within the NT, QLD, SA and WA OHS Acts. The VIC OHS Act makes specific references to fire safety defining a fire as an incident an employer is required to notify the relevant Authority about (VIC I: s38(1))[36] and an employer has a duty to preserve the site of an incident such as a fire (VIC I: s39(1))[36].

Similarly, within the Public Health Guidelines there are no references made to fire safety for the majority of the States and Territories with the exception of NSW which makes reference to fire when discussing chemical storage and notes fires are only to be extinguished with copious quantities of water (NSW VI: s3.2)[29]. A detailed examination of the legislation is contained within Appendix 12 including a summary table and definitions of the criteria.


1. Most States and Territories make reference to an employer’s duty to provide a fire protection system. For example:

• NT OHS Regulations state that an employer is to ensure fire control equipment is regularly inspected and maintained and a record is kept of each inspection and any maintenance carried out on the equipment (NT II: s53(2))[19].

• TAS DG Regulations state that an emergency plan is to identify the location of all available fire fighting equipment (TAS IV: s52,1,b(i))[16].

• VIC DG Regulations state that if an employer’s premises stores or handles dangerous goods or substances in quantities that exceed the relevant ‘Fire Protection Quantity’ and intends to establish a fire protection system for the workplace, the employer is to request the written advice of an emergency services authority in relation to the design of the fire protection system for the workplace and have regard to that advice (VIC IV: s436(1))[11].

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2. References made to an employer’s duty to ensure ignition sources in hazardous areas are eliminated differ between the States and Territories. For example:

• NSW OHS Regulations state that an employer is to eliminate potential ignition sources including naked flames, hot work, electrical equipment and sources of static electricity amongst others (NSW II: s62, 1(b))[12].

• VIC OHS Regulations state that where there is a likelihood of fire or explosion in a confined space, an employer is to ensure that no source of ignition is introduced into the space, whether it is introduced from within the confined space or outside (VIC IIa: s19(1))[41].

• WA OHS Regulations state that an employer is to ensure that no naked flame is introduced to, or no person smokes in any part of the workplace where there are goods or materials which in the event of a fire are likely to burn with extreme rapidity, emit poisonous fumes or cause explosions, and there is a risk of harm or injury to a person at the workplace resulting from the goods or materials being ignited (WA II: s3.9(2))[24].

• Reference is made to the duty as defined in the QLD DG Regulations (QLD IV: s36(1))[34].

• There are no references made within documents for the ACT, NT, SA and TAS.

3. There are few references made to an employer’s duty to minimise the risk of flammable materials. For example:

• SA OHS Regulations state that an employer is to ensure warning signs, compliant with AS 1319, are displayed wherever a person could encounter materials that would burn with extraordinary speed or could cause an explosion (SA II: s2.7.1,2(c))[18].

• There is a reference to the duty as defined within the NSW OHS Regulations (NSW II: s62,1(d))[12] and in the TAS OHS Regulations (TAS II: s113(a & b))[26].

• There are no references within the documents for ACT, NT, QLD, VIC and WA.

Recommendations The inconsistent nature of much of the legislation in outlining an operator’s fire safety duties is problematic as there is a higher risk of fire at an aquatic facility due to the dangerous goods and hazardous substances often stored and handled on site. As such, the following recommendations are made:

1. A nationally consistent legislative document be established that outlines all measures an operator of an aquatic facility can take to prevent the risk of a fire occurring or minimise the risks to the health and safety of staff and patrons if a fire does occur.

2. The provision, maintenance and review of fire safety procedures and equipment forms part of a risk management approach to ensure the health and safety of both staff and patrons at aquatic facilities.

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13. Lighting Lighting in this report, has been defined as the system of both natural and artificial illumination an employer is to provide to ensure a workplace is safe and without risks to health or safety. Duties an operator of an aquatic facility has with respect to the provision of lighting were identified as being:

• To ensure adequate lighting in work areas

• To ensure emergency lighting is installed and maintained

• To ensure safe access to and egress from the workplace.

Discussion There is a general reference to lighting within the QLD OHS Act (though this reference is not relevant to the operations of an aquatic facility), whilst there are no references made to lighting within any other State or Territory OHS Acts. Similarly, there are no references made to lighting within Dangerous Goods Acts or the hazardous substances documents for each State and Territory.

The key documents for the provision of lighting are the OHS Regulations and Dangerous Goods Regulations for all States and Territories and Public Health Guidelines for NSW, NT and WA. A detailed examination of the legislation is contained in Appendix 13 including definitions of criteria and a summary table.


1. Few documents outline lighting requirements for aquatic facilities.

• In the NT and WA Public Health Guidelines, aquatic facilities whilst in use shall be provided with sufficient lighting to enable every part of the aquatic facility including the underwater area to be observed without interference from direct or reflected glare from the lighting sources (NT VI: s3.9)[13] and (WA VI: pg16)[21].

• Similarly, both NT and WA specify that a pool concourse is to be illuminated to a distance of 3 metres from the water body (NT VI: s3.9)[13] and (WA VI: pg16)[21].

2. Few references are made to the level of lighting to be provided.

• WA Public Health Guidelines are the only document to outline specific levels of lighting that are to be provided. The document states that the water surfaces of water bodies located within Group One and Two facilities used after sunset, shall be illuminated by overhead lighting to a minimum level of 80 lux and Group Three and Group Four facilities used after sunset, shall be illuminated by overhead lighting to a minimum level of 30 lux (WA VI: pg16)[21].

3. Lighting requirements for waterslides also differ between States and Territories.

• In the NT Public Health Guidelines all areas of waterslide facilities that are available to the public are to comply with the lighting requirements outlined above (NT VI: s3.9)[13].

• In the WA Public Health Guidelines lighting requirements do not apply within fully enclosed waterslide flume sections (WA VI: pg16)[21].

• There are no further references to the lighting of waterslides within the documents examined.

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4. The duty of an employer to provide adequate lighting in work areas also differs between the States and Territories.

• In the NSW OHS Regulation lighting at a place of work is not to create excessive glare or reflection (NSW II: s46(b))[12].

• In the NT OHS Regulation lighting is to be adequate for workers who are required to perform work at an area or pass through an area (NT II: s57(1))[19].

• In the QLD OHS Regulation, adequate natural or artificial lighting is to be provided to ensure healthy working conditions for the worker appropriate to the nature and location of the work and the times at which the work is being performed (QLD II: schedule 8F, Division 4)[17].

• QLD and SA are the only documents to make reference to AS1680 – Code of Practice for Interior Lighting and the Visual Environment (QLD II: schedule 8F, Division 4)[17] and (SA II: s2.8.1(2))[18].

5. The duty of an employer to ensure emergency lighting is installed and maintained also differs between the States and Territories.

• In the NSW and WA OHS Regulations emergency lighting is to be provided for plant if access to plant is required as part of normal operations and persons may be trapped and exposed to increased risk (NSW II: s135(g))[12] and (WA II: s4.29(g))[24].

• In the NT OHS Regulation an employer is to ensure emergency lighting is installed and maintained in accordance with AS2293 – Emergency Evacuation Lighting for Buildings (NT II: s57(2))[19].

• There are no references made to the provision of emergency lighting within the ACT, QLD, TAS and VIC OHS Regulations and within the hazardous substances documents for each State and Territory.

Recommendations The adequate lighting of an aquatic facility is vital to ensure the health and safety of people in and around the water. Lighting ensures lifeguards and patrolling staff are able to adequately supervise patrons and undertake the rescue of any patrons in distress. Similarly, the adequate lighting of the workplace is vital for ensuring the health and safety of staff. As such, the following recommendations are made:

1. That a nationally consistent document be established that outlines lighting requirements for all indoor and outdoor aquatic facilities.

2. That the provision of adequate lighting forms part of a risk management approach to ensure the health and safety of both staff and patrons at aquatic facilities.

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14. Public Address Systems A public address system, for the purposes of this report, is defined as a means of communicating with persons within a specified area. Within aquatic facilities the type of public address system used is dependent upon the size and type of the facility. For example, a facility with several bodies of water and separate areas and rooms may have a public address system that takes the form of an automatic system of speakers throughout the venue, whilst in smaller venues it may be a handheld megaphone.

Discussion Within the OHS Acts and Regulations, Dangerous Goods Acts and Regulations, Hazardous Substances documents and Public Health Guidelines for each State and Territory there were no references made to public address systems. However, Practice Note No. 15 on Water Safety makes reference to public address systems as do the Guidelines for Safe Pool Operation (GSPO). A detailed examination of the legislation is contained in Appendix 14.


1. A public address system forms an important part of an emergency response system.

• Practice Note No. 15 for water safety states that as a minimum, a council is to consider providing a device to warn the public about potential danger. Examples of devices include a whistle and/or a loudspeaker / PA system (Prac Note: s7)[5].

• Similarly, the GSPO identifies a public address system as an effective means of gaining attention and communicating during an emergency (GSPO: SU10(3))[4]. If an electronic system is used, an operator is to ensure a manual backup system is in place for use during periods of power failure, such as a megaphone and any equipment is readily available, in good working order and accessible to all on duty staff (GSPO: SU10(s4.2 c & d))[4].

2. A public address system can form an important part of an emergency action plan for a facility.

• The GSPO states that whilst a public address system should be considered during the design phase and incorporated into the building of the facility, the operator and relevant staff should have knowledge of the system. Specifically staff and operators are to be trained in its operation, know how to get the system fixed and have a backup plan in place if the system fails, ensure regular maintenance programs are in place and ensure all patrons will be able to hear the system at all times (GSPO: FD19)[4].

Recommendations The lack of reference made to public address systems within the examined legislation is problematic because a public address system forms a vital part of an emergency response system or plan. As such the following is recommended with respect to the provision of public address system at aquatic facilities:

1. That a nationally consistent legislative document be established that ensures all aquatic facilities are equipped with a public address system. The same document is to ensure that the use of public address systems is included in a facility’s emergency response plan and a backup plan is in place should the system fail for any reason.

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2. There are guidelines for what constitutes a public address system and that the requirements for a public address system are based upon the size and type of aquatic facility.

3. The legislative document includes information on training for all staff and operators in the use of a public address system, the means of repairing the system and the need for a regular maintenance program.

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Discussion Public swimming pools provide an important role in Australian society, they are used for teaching people how to swim, providing recreational space, providing physical activities and elite sport training venues. Each year millions of people visit public pools in Australia and place their safety in the hands of the operators and lifeguards present.

Some of the safety requirements on public swimming pools are legislated, whereas other requirements are industry best practice. As a manager of a public pool you are required to look after the patrons and the staff in the facility. This complex relationship is at times difficult to manage in a commercial environment and the simplifying of requirements for pools, so that they are as safe as possible and as easy as possible to understand, ensures greater safety and compliance with the regulations and reduces the burden (financial and time) on a facility.

This project aimed to examine the key legislative documents that relate to the operation of public pools within Australia. A set of criteria were established and validated through consultation with the industry.

These criteria were then applied to key legislative documents for each State and Territory. The documents included in the research were:

• OHS Acts

• OHS Regulations

• Dangerous Goods Acts

• Dangerous Goods Regulations

• Hazardous Substances Documents

• Public Health Guidelines

• NSW Department of Local Government Water Safety Practice Note No. 15 on Water Safety

• Guidelines for Safe Pool Operation (GSPO)

• Australian Standards

• National Occupational Health and Safety Commission Codes of Practice.

After undertaking the analysis of legislation a range of inconsistencies were found between the States and Territories, often making it difficult, even for the authors of this report to determine the legislative duties an operator has.

One of the key inconsistencies discovered was the manner in which information was presented. Some States and Territories document the duties an operator has within the specific piece of legislation. However some documents simply refer the reader to the relevant Australian Standard. This reference back to Australian Standards, whilst directing the reader to an important technical document, increases the complexity for the operator to both obtain and understand their duties. As such using a best practice document that incorporates information from Australian Standards should provide a means for operators to better understand their obligations and act upon these obligations.

The authors of this report support the Australian Standards process and see the Standards as playing an important role in ensuring that documents surrounding the duties of public pool operators are adaptable and kept current in a process that is simpler than amending legislation. However, a key issue is how to

© AWSC 2007 51

incorporate Australian Standards into the legislative process to ensure a best practice approach for the operations of aquatic facilities.

Similarly, another key inconsistency that made analysis quite difficult was the inconsistent use of terminology between the States and Territories. These inconsistencies render compliance significantly more difficult to achieve, especially as the aquatics industry within Australia is largely self‐regulated. As this research has shown it is vital that a user friendly document be established. As pool operators can be from a wide variety of backgrounds, education levels and ages, it is vitally important that complying with the legislative duties is made as easy as possible.

This information should be more accessible to the industry and RLSSA is well placed to disperse this information, potentially in tandem with the provision of the GSPO to the industry. In the long term the aim should be to establish one consistent set of rules for the operations of public pools across Australia.

Duties such as providing workers compensation and occupational health and safety consultation were not examined in the course of this paper as they were not deemed by the authors to be within the scope of day to day issues concerning aquatics facility operators. Research did indicate references to the duty to consult within the examined legislation; however industry consultation did not deem the issue as important to day to day operations.

Similarly, the GSPO, which informed the criteria for this paper, makes little reference in regards to OHS Consultation. A risk management approach is to be taken to the operation of an aquatic facility generally and consultation may be included in this approach.

The complexities and diversity of issues within the area of a public pool operator’s legislative duties warrants further research.

Recommendations On the basis of these findings the authors of this report offer a number of recommendations.

1. That further research is undertaken into the sub areas within the criteria that have been defined within this report. Included in this research could be an examination of differences within jurisdictions, such as the application of the legislation for pool operators within NSW for example.

2. That a document be established that states all legislative duties an aquatics facility operator has within the respective State or Territory. We recommend that this document take a best practice approach and sits in support of the Guidelines for Safe Pool Operation (GSPO). It is recommended that this document take a user‐friendly approach to ensure facility operators of all backgrounds, ages and education levels can easily ensure they are complying with their legislative duties under the relevant Acts and Regulations.

3. That this document gives a preference to using and maintaining consistent terminology between the States and Territories as a means of improving the chance of compliance within a self‐regulated industry.

4. That the Royal Life Saving Society Australia (RLSSA), as the peak industry body, is best placed to establish and distribute this document to industry by distributing it alongside the GSPO which is already widely used within the aquatics industry.

© AWSC 2007 52

5. That a long term goal surrounding this project is a document that details one consistent set of duties that are applicable to the safe operation of all public pools across Australia.

© AWSC 2007 53

Contributors This report was developed by Amy Peden, Richard Franklin and Steve Eccleston from the Royal Life Saving Society Australia in consultation with the aquatic industry and specifically the Guidelines for Safe Pool Operation industry reference group. Their involvement was purely voluntary and their thoughts and contribution to this study were invaluable. The authors would sincerely like to thank them for their contribution, and hope they benefit from the results of this study.

Acknowledgements This report was undertaken as part of funding provided by the Australian Government Department of Health and Ageing.

Suggested Citation: Peden A, Franklin R, Eccleston S (2007). Position Paper. Public Swimming Pool Legislation in Australia: An examination of the legislation. Australian Water Safety Council: Sydney [Secretariat: Royal Life Saving Society Australia, PO Box 558, Broadway NSW 2007, Australia].

© AWSC 2007 54

Glossary of Terms ACT Australian Capital Territory

Aquatic Facility A facility that may have more than one body of water and may typically have a high patronage level with multiple activities occurring at the same time. Multiple activities may include but are not limited to: school usage, lap swimming and learn to swim for example (Prac Note 15, Appendix 2, p34)[5].

ARI Aquatic and Recreation Institute

ARC Australian Resuscitation Council

AS Australian Standards

AS 1319 Safety Signs for the Occupational Environment

AS 1680 Code of Practice for Interior Lighting and the Visual Environment

AS 2293 Emergency Evacuation Lighting for Buildings

AS 2444 Portable Fire Extinguishers – Selection and Location

AS 2865 Safe Working in A Confined Space

AS 4360 Risk Management

Automatic Control dosing A continuous dosing system activated and controlled by feedback from electronic chemical sensing equipment (NSW VI: s4)[29].

AWSC Australian Water Safety Council

Chlorine Cl (squared) – a halogen with disinfecting properties that is converted to hypochlorous acid in water (HOCl) (ACT VI: vi)[37].

Combined chlorine Chlorine that has combined with ammonium compounds or organic matter containing nitrogen to form chloramines (QLD VI: p1)[30]. OR Combined chlorine is calculated by subtracting free chlorine from total chlorine.

Consultation The exchange of information and ideas. With respect to workplace consultation this may include the discussion of health and safety issues with employees, health and safety committees and/or representatives and work groups among others.

Confined space An enclosed or partially enclosed space which‐ o is at atmospheric pressure during occupancy; o is not intended or designed primarily as a place of work; o may have restricted means for entry and exit; and o may – have an atmosphere which contains potentially harmful levels of contaminants;

not have safe levels of oxygen; or o cause engulfment (NT II: pg4)[19].

Cyanuric Acid A chemical added to pool water to stabilise chlorine (ACT VI: pg vi)[37].

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Dangerous Goods Substances or articles subject to a national standard declared by the National Occupational Health and Safety Commission under section 38 of the National Occupational Health and Safety Commission Act 1985 of the Commonwealth, and any other substances or articles that are a risk to public safety (NSW III: s135A(1))[43].

DG Dangerous Goods

DLG Department of Local Government

Emergency plan A written record of a plan to manage dangerous occurrences that may arise from the handling of a substance (ACT IV: s273)[15].

Fire protection system Includes fire protection equipment and fire fighting equipment used to combat or mitigate any emergency occurring at the premises (VIC IV: pg6)[11].

Free chlorine The available (unused) chlorine present in the water for disinfection.

GSPO Guidelines for Safe Pool Operation

Hazard Any agent or situation capable of potentially injuring or compromising the health and safety of a person or causing damage to plant or premises (NT II: pg5)[19].

Hazardous substance A substance which (a) is listed in NOHSC: 10005; or (b) has been classified as a hazardous substance by the manufacturer or importer in accordance with NOHSC: 1008 (NT II: pg5)[19].

Health surveillance The monitoring of persons for the purpose of identifying changes in health status due to occupational exposure to a hazard, and includes biological monitoring (NT II: pg5)[19].

Hydrotherapy Pool A pool containing heated water and specially designed to meet the therapeutic needs of a person of any age with impairments due to illness, injury, disease, intellectual handicap or congenital defects or for fitness exercising (ACT VI: vi)[37].

Lifeguard A person who is appropriately qualified and experienced, with primary responsibility for observation of water areas to anticipate problems, control behaviours and hazards, identify emergencies, carry out rescues, give immediate first aid, communicate with swimmers and recreational water users, enforce regulations where appropriate, promote awareness of specific and general hazards, and report incidents (WA VI: pg 9)[21].

Manual Handling Is any activity requiring the use of force exerted by a person to lift, lower, push, pull, carry or otherwise move, hold or restrain a person, animal or thing (WA II: s3.4(1))[24].

mg/L milligrams per litre

MSDS Material Safety Data Sheets ‐ A document that describes the properties and uses of a hazardous substance and includes, its identity, chemical and physical properties, health hazard information and precautions for its use and safe handling (NT II: pg6)[19].

NSW New South Wales

NT Northern Territory

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OHS Occupational Health and Safety

Parts per million The unit of measurement used in chemical testing which indicates the parts by weight in relation to one million parts by weight of water. It is essentially identical to the term milligrams per litre (mg/L) (QLD VI: pg1)[30].

pH A scale (ranging from 0 to 14) that indicates the amount of acid or alkali present in the water. Water with a pH of 7 is neutral (ACT VI: vi)[37].

PPE Personal Protective Equipment

ppm Parts per million

QLD Queensland

RLSSA Royal Life Saving Society Australia

Resuscitation The preservation or restoration of life by the establishment and/or maintenance of airway, breathing and circulation and related emergency care (ARC: Glossary, pg 5).

Risk The probability that a hazard’s potential to cause injury or compromise the health and safety of a person or to cause damage to plant or premises may become actual (NT II: pg 8)[19].

RTO Registered Training Organisation

SA South Australia

SLSA Surf Life Saving Australia

Spa pool A spa pool is defined as a water retaining structure fitted with filtration and sanitizing equipment, a heater, equipment for creating turbulent water and a skimmer system, normally filled with water except for maintenance purposes, and not intended to be used for swimming. (AS 2610.1‐2007)[9].

Swimming pool A swimming pool is defined as an artificially constructed pool, other than a spa pool, to which the public has access which is used or intended to be used for swimming, diving, recreational or therapeutic bathing, exercise, paddling or wading; or which is used or intended to be used as a receiving pool of a waterslide (VIC VI: s36(1))[8].

Supervision Adequate and constant surveillance of persons in the water by a person appropriately qualified to anticipate problems, identify emergencies quickly and provide an appropriate and timely response (WA VI: pg 9)[21].

TAS Tasmania

Total chlorine Total chlorine is both the available (unused) chlorine present in the water and the used chlorine (known as chloramines).

VIC Victoria

WA Western Australia

© AWSC 2007 57

Workplace incident An incident resulting in a person suffering a work injury or a work cause illness or an incident resulting in a dangerous event or another matter decided by the Minister to be a workplace incident (QLD I: pg 152)[38].

Found within the document as defined

Not In Document

NRD No relevant document was deemed to have existed

* See Figure 5 for explanation.

© AWSC 2007 58

References 1. Royal Life Saving Society Australia, The National Drowning Report: 2006. 2006, Royal Life Saving

Society.

2. Australian Water Safety Council, National Water Safety Plan 2004‐2007. 2004, Australian Water Safety Council: Sydney.

3. Smart Connections, National Aquatic and Recreation Industry Survey: Interim Reports and Results. 2006.

4. RLSSA, Guidelines for Safe Pool Operation (GSPO). 2006.

5. Department of Local Government of New South Wales, Practice Note No. 15 Water Safety. 2005, New South Wales Department of Local Government,.

6. WorkCover Authority of New South Wales. Codes of Practice. 2003 [cited 15/10/2007]; Available from: http://www.workcover.nsw.gov.au/LawAndPolicy/CodesOfPractice/default.htm.

7. Ellis, B., W. Waters, and Life Saving Victoria, National Aquatic and Recreational Signage Style Manual Third edition. 2006.

8. Victoria Government, Health (Infectious Diseases) Regulations 2001. 2001, Victoria Government.

9. Standards Australia, Spa Pools Part 1: Public spas. 2007, Standards Australia.

10. Council, N.O.H.a.S., National Model Regulations for the Control of Workplace Hazardous Substances [NOHSC:1005(1994)]. 1994, National Occupational Health and Safety Council.

11. Government of Victoria, Dangerous Goods (Storage and Handling) Regulations 2000. 2007, Victoria Government.

12. Government of New South Wales, Occupational Health and Safety Regulation 2001. 2001, New South Wales Government.

13. Northern Territory Department of Health and Community Services, Draft Public Health Guidelines for Aquatic Facilities, Northern Territory Government,.

14. Government of Queensland, Dangerous Goods Safety Management Act 2001. 2001, Queensland Government.

15. Government of Australian Capital Territory, Dangerous Substances (General) Regulation 2004. 2004, ACT Parliamentary Counsel.

16. Government of Tasmania, Dangerous Goods (General) Regulations 1998. 1998, Tasmania Government.

17. Government of Queensland, Workplace Health and Safety Regulation 1997. 2007, Queensland Government.

18. Government of South Australia, Occupational Health, Safety and Welfare Regulations 1995. 1995, South Australia Government.

© AWSC 2007 59

19. Government of Northern Territory, Work Health (Occupational Health and Safety) Regulations 2006. 2006, Northern Territory Government.

20. Lippmann, J., First Aid. 2006, Ashburton: Submariner Publications.

21. Western Australia Department of Health, Code of Practice for the Design, Construction, Operation, Management and Maintenance of Aquatic Facilities. 2007, Western Australia Department of Health.

22. Australian Capital Territory Government, Occupational Health and Safety Act 1989. 1989, ACT Parliamentary Counsel.

23. National Occupational Health and Safety Commission, National Code of Practice for the Control of Workplace Hazardous Substances [NOHSC:2007(1994)]. 1994, Australian Government Publishing Service

24. Government, W.A., Occupational Safety and Health Regulations 1996. 1996, Western Australia Government.

25. Government of Western Australia, Occupational Safety and Health Act 1984. 1984, Western Australia Government.

26. Government of Tasmania, Workplace Health and Safety Regulations 1998. 1998, Tasmania Government.

27. Government of South Australia, Occupational Health, Safety and Welfare Act 1986. 1986, South Australia Government.

28. Government of Tasmania, Workplace Health and Safety Act 1995. 1995, Tasmania Government.

29. Department of Health of New South Wales, Public Swimming Pool and Spa Pool Guidelines. 1996, Department of Health New South Wales.

30. Queensland Department of Health, Swimming and Spa Pool Water Quality and Operational Guidelines. 2004, Queensland Department of Health.

31. Government of Victoria, Occupational Health and Safety (Manual Handling) Regulations 1999. 1999, Victoria Government.

32. Government of Queensland, Hazardous Substances Code of Practice 2003. 2003, Queensland Government.

33. Government of South Australia, Public and Environmental Health Regulations 1991. 1991, South Australia Government.

34. Government of Queensland, Dangerous Goods Safety Management Regulation 2001. 2001, Queensland Government.

35. Government of Northern Territory, Work Health Act 2007. 2007, Northern Territory Government.

36. Government of Victoria, Occupational Health and Safety Act 2004. 2004, Victoria Government.

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37. Australian Capital Territory Department of Health and Community Care, A Code of Practice to Minimise the Public Health Risks from Swimming/Spa Pools, ACT Department of Health and Community Care,.

38. Government of Queensland, Workplace Health and Safety Act 1995. 1995, Queensland Government.

39. Government of South Australia, Dangerous Substances Regulation 2002. 2002, South Australia Government.

40. WorkCover NSW, Control of Workplace Hazardous Substance Code of Practice 2006. 2006, WorkCover NSW,.

41. Government of Victoria, Occupational Health and Safety (Confined Spaces) Regulations 1996. 1996, Victoria Government.

42. Government of New South Wales, Occupational Health and Safety Act 2000. 2000, New South Wales Government.

43. Government of New South Wales, Occupational Health and Safety Amendment (Dangerous Goods) Act 2003. 2003, New South Wales Government.

44. Government of Western Australia, Dangerous Goods Safety Management Regulation 2001. 2001, Western Australia Government.

45. Government of Australian Capital Territory, Dangerous Substances Act 2004. 2004, ACT Parliamentary Counsel.

46. Government of Victoria, Dangerous Goods Act 1985. 1985, Victoria Government.

47. Government, W.A., Explosives and Dangerous Goods Act 1961. 1961, Western Australia Government.

48. Department of Health and Human Services of Tasmania, Guidelines for Health and Safety in Public Places. 1997, Department of Health and Human Services.

49. Government of the Australian Capital Territory, Occupational Health and Safety Act 1989. 1989, ACT Parliamentary Counsel,.

50. Government of Northern Territory, Dangerous Goods Act. 2006, Northern Territory Government.

51. Government of Northern Territory, Dangerous Goods Regulations. 2007, Northern Territory Government.

52. Government of South Australia, Storage of Chemicals: Chemical Use. 2001, South Australia Government.

53. Government of New South Wales, Occupational Health and Safety Amendment (Dangerous Goods) Regulation 2005. 2005, New South Wales Government.

54. Australian Capital Territory Government, Occupational Health and Safety Regulation 1991. 1991, ACT Parliamentary Counsel.

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Appendix 1 Emergency Management/Response An emergency is defined as an event that results in a need for emergency services to be called and/or exposes a person or property in the vicinity of the event to an immediate risk through an explosion, fire, harmful reaction or the escape, spillage or leakage of any dangerous goods (VIC IV: pg 5)[11]. An emergency may result in death, serious injury or illness of an employee(s) or person(s) at an employer’s place of work. Fire, explosion and chemical spills and/or leaks are examined in more detail in Appendix 11 (Chemical Risk Management) and Appendix 12 (Fire Safety Systems).

Emergency management and response can include such measures as emergency and evacuation plans, the provision and use of emergency equipment and incident reporting. These arrangements are to take into account the nature of hazards at the workplace, the size and location of places of work, the number, mobility and capability of persons at the workplace (NSW II: s17(1))[12].

Relevant emergency services are any organisations with functional responsibility for emergency response and these services differ on a jurisdiction by jurisdiction basis and are discussed below.

It should be noted that important emergency information and contact details are contained within MSDS and it is an employer’s duty to ensure an up to date copy of an MSDS for each hazardous substance or dangerous good stored or handled at the workplace is kept on site and is readily accessible to all persons who could come into contact with the substance or good (For information on MSDS, see Appendix 9).

Examination of the legislation found that there are general references made to emergency management in the ACT, NSW, TAS and WA public health guidelines. In the NT Public Health Guidelines an emergency ventilation system is to be in place for ozone plant rooms (NT VI: Appendix 2, s3)[13].

Please note: whilst there may be no reference to a duty in the table as defined by this report, there may exist additional documents such as Australian Standards, National, State or Territory based Codes of Practice, OHS alerts or similar that may confer associated duties on operators. A risk management approach should be undertaken when ensuring patron and staff safety at an aquatic facility.

1.1 General reference to emergency management/response This criterion notes that there is a general reference made to emergency management or response in the identified documents.

1.2 Employer to ensure there is an emergency plan in place for workplaces storing and handling dangerous goods and/or hazardous substances An employer is to ensure that there is an emergency plan in place at the place of work if dangerous goods or hazardous substances are stored and handled in quantities that exceed the manifest quantity for each type of good/substance. A written plan is to be developed, implemented, maintained and communicated to any person who is engaged by the employer to work at the premises and who may be exposed to risk as a result of an emergency. It also needs to be communicated to persons in control of adjacent premises to the extent that the emergency plan applies to those person, if persons or property on the adjacent premises may be exposed to risk as a result of an emergency (NSW II: s174ZC(1‐2))[12]. Emergency plans are to be provided to the emergency services (ACT IV: s275, 2(c))[15].

1.2.1 Employer to ensure safe and rapid evacuation An employer is to ensure that processes are in place for the shutting down and evacuation of the place of work in the event of an emergency and details of the arrangements for any such evacuation are to be kept on display in an appropriate location(s) at the place of work (NSW II: s17, 3(a))[12].

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1.3 Employer to ensure emergency equipment is provided and maintained An employer is to ensure that if work processes at the workplace present a risk to the health or safety of a person, emergency equipment is to be provided and maintained (TAS II: s25(a))[26].

1.4 Employer to ensure appropriate medical treatment of injured persons An employer is to ensure appropriate medical treatment of persons injured as the result of an emergency at work is provided (NSW II: s17,1(c))[12].

1.5 Employer to ensure emergency procedures in place for persons in confined spaces An employer is to ensure that emergency procedures in relation to the presence of persons in confined spaces are planned, established and rehearsed (NSW II: s74(2))[12].

1.5.1 Employer to ensure emergency equipment is provided An employer is to ensure that emergency equipment (including rescue and first aid equipment) appropriate for the particular circumstances in which persons are inside the confined space are provided (NSW II: s74(1))[12].

1.6 Employer to ensure safe access to and egress from the workplace in an emergency An employer is to ensure that there is means of safe egress from the workplace in an emergency (NT II: s47, 1(b))[19].

1.7 Employer to provide information on emergency procedures relating to plant An employer is to ensure that all relevant information on emergency procedures relating to plant is displayed in a manner that can be readily observed by persons who may be exposed to risks arising from the operation of the plant (NSW II: s144(2))[12].

1.8 Employer to ensure that all records on hazardous substances are made available on request to emergency services An employer is to ensure that all records (such as information included in registers or manifests) on hazardous substances are kept at the workplace and made available to emergency services upon request (NSW II: s174(1))[12].

1.9 Employer to ensure emergency lighting is installed and maintained An employer is to ensure that emergency lighting is installed and shall ensure that it is maintained (NT II: s57(2))[19].

Table 1: Emergency Management/Response Results

Criteria Doc * ACT NSW NT QLD SA TAS VIC WA

1.1

General reference to emergency management/ response

I

II

III

IV

V NRD NRD

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1.2

Employer to ensure an emergency plan in place for dangerous goods and/or hazardous substances

I

II [s174ZC(2)]

III [s43]

[s52]a)

IV [s275]b)

[s174ZC (2)]

[s61] [s52]c) [s437] [s4.28(1)]

V [s12.24]

[s9.1] [s12.24]

[s6.2] [6.3]

[IIa] NRD NRD

1.2.1

Employer to ensure safe and rapid evacuation

I

II [s17,1(a)]d)

[s47(4)]e)

[s2.6.2(3)]

[s24]

[s3.10]f)

III

IV

V [s9.1]

d)

[s6.2] NRD NRD

1.3

Employer to ensure equipment is provided and maintained

I

II [s25(a)]g)

III

IV h)

V NRD NRD

1.4

Employer to ensure appropriate medical treatment of injured persons

I

II [s17,1(c)]

III

IV

V [s9.1] NRD NRD

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1.5

Employer to ensure emergency procedures in place for confined spaces

I

II

[s74(2)]

i)

j) [s25(1)]

III

IV

V NRD NRD

1.5.1

Employer to ensure emergency equipment is provided for persons in confined spaces

I

II [s74(1)]

[s2.6.4, 1(d,e)]

k)

III

IV

V NRD NRD

1.6

Employer to ensure safe access to and egress from the workplace in an emergency

I [s37,2,b(ii)]

[s22,1(b)]

II l) [s47, 1(b)]m)

[s54A]n)

[s2.1.1,1(3)]o)

[s3.8]

p)

III

IV

V NRD NRD

1.7

Employer to provide information on emergency procedures relating to plant

I

II [s144(2)]

[s3.2.16(e)]

[s4.30,1(g)]

III

IV

V NRD NRD

1.8

Employer to

I

II [s174( [s4.1.1 [s5.13,

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ensure all records on hazardous substances are made available to emergency services

1)] (d)] 1(c)] q)

III

IV r)

V [s8.23] [s9.5] [s8.23] [s6.4] NRD NRD

1.9

Employer to ensure emergency lighting is installed and maintained

I

II s) [s57(2)]t)

[s2.6.2(2)]u)

[s4.29(g)]

III

IV s)

V NRD NRD

‐ Contained in document – Not in Document, NRD – No Relevant Document, * ‐ See Figure 5 for explanation.

Variants:

a) QLD: s 43 relates to duties for employers at a major hazard facility and s 52 relates to employers at large dangerous goods locations. See the QLD DG Act for further clarification (QLD III: s43 & 52)[14].

b) ACT: An emergency plan for premises that equal or exceed the manifest quantity for dangerous goods are to indicate the date upon which it was made, to be given to health and safety representatives of employees who handle the substance (ACT IV: s275(2))[15]. Further to this, an employer is to ensure that instruction is given to both health and safety representatives and operators of neighbouring facilities in the operation of the emergency plan and any equipment or procedures that may need to be used in the case of an emergency at the premises (ACT IV: s276(2))[15].

c) TAS: If required by the competent authority, an employer at a licensed department where dangerous goods are stored must prepare an emergency plan specifying the location and quantity of each class of dangerous good, the location of all available emergency and fire fighting equipment and the location of all access and escape routes for emergency use (TAS IV: s52(1))[26].

d) NSW: An employer is to ensure that emergency communications are provided (NSW II: s17, 1(b))[12]. See also (NSW V: s9.1)[40].

e) NT: An employer is to ensure evacuation procedures are developed and are to be followed in the event of a fire or emergency at a workplace and shall ensure that the evacuation procedure is practiced at reasonable intervals and a record is kept of the practices (NT II: s47(4))[19].

f) WA: An employer is to ensure that the evacuation procedure is clearly and prominently displayed at the workplace where practicable (WA II: s3.10(a&b))[24]. Where practicable a diagram showing the location of exits and the position of the diagram in relation to the exits is clearly and prominently displayed at the workplace and where practicable the evacuation procedure is practiced at the workplace. Persons at the workplace required to help control or extinguish a fire are appropriately trained and provided with personal protective clothing and equipment (WA II: s3.10)[24].

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g) TAS: Employer is to ensure that persons involved in the work receives appropriate training and instruction in the action to be taken in an emergency including any established rescue procedures and the safe and proper use of rescue equipment provided (TAS II: s25)[26].

h) WA: Any emergency response equipment held on any licensed premises for the purpose of an emergency shall conform to an approved Australian Standard or other approved standard (WA IV: s4.27)[44].

i) QLD: An employer at a workplace where a confined space is used must comply with clause 12.1 and 12.2 (emergency response) of AS 2865 (QLD II: s145,1(e))[17].

j) SA: A risk assessment on any confined space at the workplace must include an assessment of: the need for emergency and rescue procedures (SA II: s2.4.3,3(e))[18]. Further to this, there are to be rescue measures in place in the event of an emergency in a confined space (SA II: s2.4.7)[18].

k) SA: An employer is to ensure appropriate arrangements are in place for the immediate rescue of a person in an emergency situation (SA II: s2.6.4, 1(f))[18]. Further to this, an employer is to ensure that persons involved in the work must receive appropriate instruction and training in the action to be taken in an emergency situation (including established rescue procedures and the safe and proper use of rescue equipment provided (SA II: s2.6.4, 1(g))[18].

l) NSW: An employer is to ensure openings for entry to and egress from a confined space are of adequate size so as to permit the rescue of all persons who may be in the space (NSW II: s74, 3(a))[12]. Further to this, an employer is to ensure that openings are not obstructed by fittings or equipment that could impede the rescue of persons, or if this cannot be done, an employer is to ensure another suitable means of rescue is provided (NSW II: s74, 3(b))[12].

m) NT: An employer shall ensure the location of emergency means of access to and egress from the workplace are identified with appropriate signs in accordance with AS1319 (NT II: s47(3))[19].

n) QLD: An employer is to ensure appropriate, safe and clear access to and from the workplace for each of the employer’s workers working or about to work at the workplace. All other means of access at the workplace are to be safe and clear (QLD II: s54A)[17].

o) SA: An employer is to ensure that a passage or other space used for normal movement about the workplace or intended for emergency egress must be kept free of any obstruction that could hinder or prevent the safe and rapid egress of a person in an emergency and if work must occur in the passage or space, the space for egress must be at least 600 mm wide (SA II: s2.1.1(3))[18].

p) WA: An employer must ensure that the means of emergency egress from the workplace enables safe egress from the workplace in the event of an emergency (WA II: s3.8)[24].

q) WA: An employer is to ensure a register of hazardous substances is made readily available to all people who are or who might be exposed to a hazardous substance at a workplace, including emergency services personnel (WA II: s5.13,1(c))[24].

r) QLD: A manifest is to be stored in a location so as to be easily accessible to emergency services (QLD IV: s60)[34].

s) NSW: An employer is to ensure lighting facilitates safe access to and egress from the premises, including emergency exits (NSW II: s174ZU(c))[12].

t) NT: An employer is to ensure that emergency lighting is installed and maintained in accordance with AS 2293 (NT II: s57(2))[19].

u) SA: States that a suitable emergency lighting system is to be provided and maintained if the failure of an artificial lighting system at a workplace could cause a risk to the safety of persons at work, or to the safe and rapid evacuation of persons (SA II: s2.6.2(2))[18].

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Appendix 2 First Aid First aid is the emergency care provided to an ill or injured person before medical care is available (Lippmann, 2006: 5)[20]. It is to be appropriate with respect to the types of hazards and the risks those hazards may pose to persons at the workplace as well as the numbers of persons at the workplace (WA II: pg 31)[24].

Within the OHS Acts there are no references to first aid and its associated components as defined above for NSW, TAS, WA, NT and SA. A general reference to first aid is made within the QLD document. In the VIC and ACT documents an employer is to provide appropriate medical and first aid services for the employees (VIC I: s37, 2(i))[36] and (ACT I: s37, 2(i))[22].

There is no general reference to first aid within the majority of DG Acts; however NT makes a general reference to first aid. Within the DG Regulations there are general references made to first aid within the VIC, ACT and QLD documents.

It should be noted that whilst there are no general references to first aid within the dangerous goods Acts and Regulations, there is a duty of an operator of an aquatic facility to have an up to date copy of a Material Safety Data Sheet (MSDS) for each dangerous good or substance stored or used on the premises. MSDS are required to contain first aid requirements and treatment information.

Hazardous substances documents also make general references to the provision of first aid. Specifically:

• NSW ‐ induction and training programs are to include the first aid procedures to be followed in case of injury or illness (NSW V: s7.3(i))[40].

• ACT ‐ induction and training programmes to include first aid (ACT V: s10.3(i))[23]. This is the same requirement for NT.

• QLD ‐ an employer is to ensure that any person using hazardous substances are trained in first aid procedures (QLD V: pg16)[32].

• There is no general reference to first aid within the SA documents and there is no hazardous substances document for Tasmania.


2.1) General reference to first aid This criterion notes that there is a general reference to first aid within the identified documents.

2.2) Trained first aid personnel Trained first aid personnel are those individuals qualified in first aid after undertaking a recognised training course in the relevant State or Territory or those individuals who are qualified nurses or medical practitioners. The nature, number and type of these first aid personnel should be determined with respect to types of hazards and risks of those hazards associated with the type of work being undertaken, the location of the worker and the work being undertaken and the number of workers (WA II: s3.12, 2(b))[24] and NT II: s52(3))[19].

© AWSC 2007 68

2.3) Confined Spaces First Aid Training for Employees Employers are to ensure that first aid training for employees working in confined spaces or workers who may be involved in rescue or first aid procedures involving work in confined spaces is provided (NSW II: s77, 3(h))[12].

2.4) First Aid Equipment First aid equipment should be located as to be readily accessible and available for use. It is to be suitable to the location of and the number of workers and the type of work being conducted at the workplace (NT II: s52 (2))[19]. It is to be suitable to the location and type of work being conducted by the employer. The equipment must be of a hygienic, safe and serviceable condition for both workers and employer (QLD II: s223)[17].

2.4.1) First aid kits A first aid kit refers to a store of items that are used/ can be used during the process of undertaking first aid. It may include bandages, disinfectant, splints, resuscitation mask, disposable gloves and accident report forms amongst other items (Lippmann, 2006: 68)[20].

2.4.2) First Aid Equipment for Confined Spaces An employer must provide appropriate emergency equipment, including rescue and first aid equipment, for workers undertaking work in confined spaces (NSW II: s74(1))[12].

2.5) First Aid Facilities/Amenities Appropriate first aid facilities and/or amenities with respect to types of hazards and risks of those hazards associated with the type of work being undertaken, the location of the workers and the number of workers, should be provided for the immediate treatment of injuries and illnesses (NSW II: s20, 2(a))[12].

Table 2: First Aid Results


2.1

First Aid

(general reference)

II

VI

2.2

Trained First Aid Personnel

II a) [s52(3)]b)

[s3.12,2(b)]

VI c) d)

2.3

Confined Spaces First Aid Training for Employees

II [s2.4.8] [s25, 1(b)]

[s.3.87,2(e)]

VI

© AWSC 2007 69


2.4

First Aid Equipment

II [s52(1)]e)

[s223]f)

VI [s5.12] (p37) g)

2.4.1

First Aid Kits

II [s20(4)]h)

VI [s2.23]

2.4.2

First Aid Equipment for Confined Spaces

II [s74(1)]

[s61A, Part 4(c)]

i)

VI

2.5

First Aid Facilities/ Amenities

II [s20,2(a)]j)

[s52(1)] k) [s3.12,2(a)]

VI l) m) n)

‐ Contained in document – Not in Document, * ‐ See Figure 5 for explanation.

Variants:

a) NSW: Employer to provide trained first aid personnel if more than 25 persons are employed at a place of work (NSW II: s20, 2(b))[12]. NSW defines first aid personnel as being a person who holds a current first aid certificate or occupational first aid certificate issued after successful completion of a Work Cover approved first aid or occupational first aid course; a level 3 or greater NSW ambulance officer; a registered nurse; or a medical practitioner (NSW II: s20(1))[12].

b) NT: An employer is to ensure that, where practicable, a person trained in first aid treatment is present at a workplace at all times when work is being performed (NT II: s52(3))[19]. In addition to this, the level of training of first aid personnel shall be determined by the equipment and amenities provided (NT II: s52(4))[19].

c) QLD: Employer to ensure a first aid officer is on duty during pool operating hours (QLD VI: p37)[30].

d) WA: Employer is to ensure that emergency care personnel possess the required level of qualifications for the size and type of aquatic facility the employer is operating. See Table 1, section 1.2 for classification of aquatic facilities (WA VI: s1.2)[21]. See section 6.2 for qualification requirements for aquatics facilities groups one to four (WA VI: s6.2)[21].

e) NT: An employer is to ensure that equipment and amenities are located where they are readily accessible and available for use and the location is to be identified by signs compliant with AS 1319 (NT II: s52(5))[19].

f) QLD: An employer is to ensure that fist aid equipment is also accessible to the employer and adequate for the nature of work the employer is undertaking. The equipment is also to be in a hygienic, safe and serviceable condition for the employer’s own use ( QLD II: s223, 3, 4, 5(b))[17].

g) WA: The mandatory first aid equipment an employer is required to provide varies with respect to the size and type of facility the employer is operating. For example: See Table 1, section 1.2 for classification of aquatic facilities (WA VI: s1.2)[21]. See also section 2.23, Table 3 for the mandatory equipment to be provided on the basis of classification type of facility, group one to four (WA VI: s2.23)[21].

© AWSC 2007 70

Further to this, signage is to be provided at the pool area that clearly identifies the location of the first aid room and is to be compliant with AS 1319 (WA VI: s2.22.2)[21].

h) NSW: The contents of first aid kits are dependent upon the number of people employed at a place of work (NSW II: s20(4))[12]. See NSW OHS Reg s20(5) for first aid kit requirements (NSW II: s20(5))[12]. First aid kits are also to be under the control of trained first aid personnel if more than 25 persons employed at a place of work (NSW II: s20(6))[12].

i) SA: An employer is to both provide and maintain first aid equipment for employees engaged in work in confined spaces (SA II: s2.4.4, 4(c))[18].

j) NSW: An employer must ensure that the first aid facilities at a place of work at which more than 200 persons work include a first aid room (NSW II: s20(7))[12]. See s20(7a‐h) for contents and location of first aid room (NSW II: s20(7a‐h))[12].

k) SA: If a first aid room is not available, a health centre or rest area should be provided or suitable administrative arrangements are to be made to ensure the wellbeing of a person who becomes sick whilst at work (SA II: s2.2.8)[18].

l) NSW: An employer is to provide a sick bay as appropriate (NSW VI: s5.12)[29].

m) QLD: An employer is to provide a sick room (QLD VI: p37)[30].

n) WA: The first aid facilities that are mandatory for an employer to provide, varies with respect to the size and type of facility the employer is operating. See section 2.22, table 2 for the mandatory first aid facilities to be provided on the basis of classification of type of facility, group one to four (WA VI: s2.22)[21].

© AWSC 2007 71

Appendix 3 Reporting of Incidents An employer has a duty to report an accident or serious incident when it occurs at a place of work. Notification of serious incident or injury is to be reported to the relevant authority in each State or Territory.

Events that may be considered as an accident or serious incident, that occur at or near the workplace that are to be reported include:

• the death of a person,

• an injury to a person other than an employee of the employer,

• an injury to an employee as a result of which the employee is incapacitated for work for the prescribed period,

• a dangerous occurrence, and

• the event is attributable to the employer’s undertaking at the workplace.

The employer must, in accordance with the Regulations, give notice of the event to the Commissioner (ACT I: s204(1))[22]. Reporting of incidents can include both incidents and injuries that have occurred and likely incidents of injuries (ACT III: s39, 1(a))[45].

Analysis of the legislation found that there were no references in the Public Health Guidelines except for WA which defines a lifeguard’s duties as including the reporting of incidents (WA VI: pg 9)[21].


3.1 General reference to reporting of incidents This criterion notes that there is a general reference to reporting of incidents within the specified documents.

3.2 Employer to ensure relevant authority is informed of reportable incidents An employer is to ensure that the relevant authority is informed of reportable incidents within the designated period. Notice is to be given as soon as is practicable (but no later than 7 days) after the employer becomes aware of the incident (NSW I: s86(2))[42]. This is to be in a manner, form and timeframe as specified in the regulation.

3.2.1 Retaining information about an incident An employer should maintain a record of each incident or occurrence that occurs in the facility or under their care. The length of time and the type of incident that an employer is legally required to provide information about for the relevant authority(ies) is specified in the appropriate regulation.

3.3 Employer to ensure induction and training includes reporting of incidents An employer is to ensure that induction and training programs include the reporting procedures to be followed in case of injury or illness at the workplace (NSW V: s7.3(i))[40].

© AWSC 2007 72

3.4 Employer has a duty to inform their workplace health and safety representatives of a workplace incident An employer has a duty to inform each workplace health and safety representatives at the employer’s workplace about a workplace incident happening at the workplace (QLD I: s78, 1(a))[38].

Table 3: Reporting of incidents results

Criteria Doc *

ACT NSW NT QLD SA TAS VIC WA

3.1

General reference to reporting of incidents

I

II

III

IV

V NRD NRD

3.2

Employer to ensure relevant authority is informed of reportable incidents

I a) [s86] b) c) [s47] [s38(1)]

d)

e)

II [s6] [s341] [s46(3)] f) g) h) i)

III j) k) l) m)

IV [s268, 2(a)]

n) o) p) [s82(1)] q)

V NRD NRD

3.2.1

Retaining information about an incident

I [s205] r) s) t)

II [s8] [s343] [s53] (g)

III k)

IV [s268, 2(b)]

[s174ZP(b)]

[s46(c)]

o)

q)

V NRD NRD

3.3

Employer to ensure induction and training

I u) u)

II [s13, 1(a)]

III

© AWSC 2007 73

Criteria Doc *


includes reporting of incidents

IV

V [s10.3(i)]

[s7.1] [s10.3(i)]

[pg 17] NRD NRD

3.4

Employer has a duty to inform their workplace health and safety representatives of a workplace incident

I [s78, 1(a)]

v) w) x)

II

III

IV

V NRD NRD

‐ Contained in document – Not in Document, NRD – No Relevant Document exists, * ‐ See Figure 5 for explanation.

Variants:

a) ACT: No reference is made to a period of time within which an event is to be reported (ACT I: s204)[22].

b) NSW: Notice of an incident is to be given to WorkCover (NSW I: s86)[42]. Notice of a serious incident is to be given as soon as the occupier becomes aware of the incident and by the quickest available means (NSW I: s86(3))[42].

c) NT: Where an accident occurs at a workplace, whether or not it causes the death of, or bodily injury to, any person; or there is an occurrence at or in relation to a workplace which affects the health or safety of any person at the workplace, which is a prescribed accident or occurrence required to be notified under this section, the employer at the workplace or such other person as is prescribed, shall give notice of the accident or occurrence in the prescribed form and manner (NT I: s48A)[35].

d) VIC: Within 48 hours after being required to notify the Authority, the employer or self‐employed person must also give the authority a written record of the incident, in the form approved in writing by the Authority (VIC I: s38(3))[36].

e) WA: the relevant person must notify the Commissioner in the prescribed form of the injury or disease giving such particulars as may be prescribed (WA I: s23I, 3(c))[25]. Similarly if an employer receives a report of a hazard or injury from an employee, the employer is to investigate the matter to determine the action, if any, an employer intends to take and notify the employee of the determination made (WA I: s23K(1))[25].

f) QLD: Notice is to be given to the Chief Executive (QLD II: s52(3))[17].

g) SA: Relates to record of injury to be made and kept for 3 years after the date of the injury (SA II: s1.3.7(2))[18]. Also relevant to work dangerous occurrences (SA II: s6.6.3)[18].

h) TAS: An employer is to provide notice of dangerous incidents and serious accidents (TAS II: s61 & 62)[26]. Within 7 days after the end of each month the accountable person at a designated workplace must send to the Director the following reports: a report describing all accidents that occurred in or about the workplace during a preceding month as a result of which a person was absent from work for at least one day or shift, or a report detailing the number of employees and employees of sub‐contractors employed or engaged at the workplace and the number of hours they worked during that month (TAS II: s64(1))[26].

© AWSC 2007 74

i) WA: An employer to notify the Commissioner of certain injuries and certain diseases. See s2.4 and 2.5 for list of injuries and diseases to be notified (WA II: s2.4 & 2.5)[24].

j) ACT: An employer has a duty to report actual or likely dangerous occurrences at a workplace to the Chief Executive (ACT III: s39, 1(a))[45].

k) QLD: Employer is to report major accidents and near misses at a place considered to be a major hazard facility (QLD III: s126 & s127)[14]. An employer is to keep a record of a report whilst the facility continues to be in operation (QLD III: s127(2))[14].

l) VIC: An employer is to report to the nearest fire authority or to a police station any fire, explosion, spillage, leakage or escape involving dangerous goods in the ownership, possession or control of that person. This does not apply however to an accident involving prescribed dangerous goods or prescribed quantities of dangerous goods (VIC III: s32)[46].

m) WA: Where any accident involving any explosive or dangerous goods occurs in, about or in connection with any factory, magazine or premises, the person in occupation shall forthwith give to the Chief Inspector notice in writing of the accident and of any loss of life, personal injury, or damage to property occasioned thereby (WA III: s55(1))[47].

n) NSW: Employer is to ensure that any serious incident involving dangerous goods at the workplace is investigated (NSW III: s174ZP(a))[43].

o) QLD: An employer is to ensure that an incident involving hazardous materials is investigated and a written record of the investigation is to be kept for the life of the facility (QLD IV: s46)[34].

p) SA: An accident which occurs involving any dangerous substance in or on a licensed premises and results in the death of a person, personal injury likely to incapacitate a person for 3 days or more or any fire or explosion, is to be notified to the Competent Authority in writing by the holder of the license in respect of the premises within 24 hours of the accident (SA IV: s8(1.3&4))[39].

q) VIC: Any incident at a workplace where dangerous goods are stored or handled is to be investigated and a record is to be kept for at least 5 years (VIC IV: s445(1))[11].

r) SA: Keep information and records relating to work‐related injuries suffered by employees in their employment with the employer and retain that information and those records for such a period as may be prescribed (SA I: s19, 3(b))[27].

s) TAS: Records relating to work‐related injuries and illnesses suffered by employees in their employment with the employer are to be kept and retain those records for such a period as is prescribed (TAS I: s9, 2(b))[28].

t) VIC: An employer or self‐employed person must keep a copy of the record for at least five years and make a copy of the record available for inspection. See s38(4) for more information (VIC I: s38(4))[36].

u) SA: An employer is to provide information to employees (in such languages as are appropriate) in relation to health, safety and welfare in the workplace (including the names of persons to whom the employees may make inquiries and complaints about matters affecting occupational health, safety or welfare) (SA I: s19, 3(c))[27]. Same variant as TAS (TAS I: s9, 2(c))[28].

v) SA: Notification of a serious incident or injury is to be given to health and safety representatives immediately if it affects or has occurred to any member of the workgroup the health and safety representative represents (SA I: s34, 1(h&i))[27].

w) TAS: Where an accident or dangerous incident occurs at the workplace, an employer is to ensure that the health and safety committee is notified as soon as is possible (TAS I: s31(c))[28].

© AWSC 2007 75

x) VIC: An employer is to provide information to the employees of the employer (in such languages as are appropriate) concerning health and safety at the workplace, including the names of persons to whom an employee may make an enquiry or complaint about health and safety (VIC I: s22, 1(c))[36].

© AWSC 2007 76

Appendix 4 Water Safety In legislation, there is no single definition of water safety. For the purposes of this project, water safety is defined as the provision of activities in order to keep the public safe in, on or around the water. We see this as occurring in 3 distinct phases: primary, secondary and tertiary preventative measures.

Primary preventative measures are designed to prevent people from getting into trouble in the water. These include supervision, barriers and restricting access to particular area (such as spas), learn to swim classes and other programs designed to educate people on water safety.

Secondary preventative measures aim to minimise the risk people face when they get into trouble in the water. These include life saving techniques, rescue of people from the water and care of people with suspected spinal injuries.

Tertiary measures are designed to minimise adverse outcomes for persons who get into trouble while in the water. These include first aid (including resuscitation), provision of oxygen, emergency plans and emergency services response. Please note that first aid is addressed in section 2.

In relation to water safety there are several duties a pool operator is required to undertake on a regular basis, these include:

• Ensuring primary measures such as adequate supervision of patrons in the water is provided, and

• Ensuring coaching and instructional staff possess approved qualifications

• Ensuring they and their staff have a sound knowledge of life saving and resuscitation techniques.

There are no references to water safety within OHS Acts or Regs, DG Acts and Regs and Hazardous Substances documents for the States and Territories. However, there are several guidelines that make reference to an operator’s duties with respect to water safety:

- NSW Health Public Swimming Pool and Spa Pool Guidelines - QLD Health Swimming and Spa Pool Water Quality and Operational Guidelines - WA Code of Practice for the Design, Construction, Operation, Management and

Maintenance of Aquatic Facilities - NSW Department of Local Government Practice Note No. 15 on Water Safety.

The NSW Public Swimming Pool and Spa Pool Guidelines state that there are no legislative requirements for qualifications of swimming pool operators, however pool operators should have a sound knowledge of life saving and resuscitation techniques (NSW VI: s9)[29]. The QLD Health Swimming and Spa Pool Guidelines also state the same requirement (QLD VI: Appendix 7)[30].

The WA Code of Practice for Aquatic Facilities also makes reference to water safety requirements. Operators are to ensure that only staff with appropriate qualifications are involved in instruction or coaching (WA VI: s7)[21]. With respect to supervision, an operator of an aquatic facility is to ensure that children under 10 years of age are not permitted to enter the facility unless under the supervision of a person 16 years or older (WA VI: s7.9)[21]. Further to this, lifeguards are to be able to provide supervision at all times and as such, are not to be allocated duties by operators that interfere with their duty to adequately supervise patrons (WA VI: s6, pg 40)[21]. The ratio of supervision to patrons is dependant upon the type of facility the venue is characterised as. See supervision requirements section for further information (WA VI: s7.10)[21].

© AWSC 2007 77

Practice Note 15 No. on Water Safety sets out the duties of NSW local councils with respect to water safety and is primarily concerned with public swimming pools and beaches but is also of relevance to other water bodies a council may have control over (Prac Note: s3)[5]. Reference is also made to minimum qualifications and training requirements for public pool staff including, but not limited to: lifeguards, pool attendants and coaching and instructional staff (Prac Note: Appendix 2)[5].

With reference to water safety a council has 2 key water safety functions: the performance of life saving activities and regulatory activities, such as the provision of rescue services; and the placement of water safety signs, general patrolling and educational activities (Prac Note: s3.2)[5].

Practice Note No. 15 sets out a council’s ability to delegate life saving and regulatory functions to adequate bodies or individuals at the respective council’s discretion (Practice Note 15: s3.1)[5]. Councils remain responsible for their regulatory responsibilities under the Local Government Act, even when they have delegated their authority (Prac Note: s3.2)[5].


4.1 Guidelines for Safe Pool Operation While not a regulatory document the Guidelines for Safe Pool Operation (GSPO) is widely used and recognised as best practice for the management and operation of a public aquatic facility. The GSPO outlines supervision and other water safety guidelines for public swimming facilities. These include, but are not limited to:

• Bather supervision (SU1),

• Encouraging responsible behaviour (SU2),

• Supervision of children (SU3) and people with disabilities (SU12),

• Requirements for lifeguards (e.g. health and fitness (SU6), and duty periods (SU8),

• Supervision of equipment within an aquatic facility (e.g. water slides (SU18), diving towers (SU23 & SU24)) (GSPO: s5)[4].

• Supervision requirements for low patronage pools (see LP1),

• Supervision of programs such as swimming teacher emergency procedures (PR2),

• Teacher to pupil ratios for safety when teaching swimming (PR4),

• Teaching of water entry and diving (PR9),

• Standard of swimming teacher education (PR1) (GSPO: s6)[4].

While not a regulatory document the GSPO is seen as a tool for providing greater detail about appropriate action to ensure the best quality water safety practice in a facility and thus is a means for ensuring best practice.

© AWSC 2007 78

Appendix 5 Risk Management/ Risk Assessment Risk management is the process of identifying, assessing and controlling risks to people, to an organisation, or to an asset. It is relevant to many facets of the aquatics industry such as supervision, programming, occupational health and safety and plant room operation amongst others (GSPO: Appendix 4)[4].

Risk management, as described by AS 4360 involves establishing an appropriate infrastructure and culture and applying a logical and systematic method of establishing the context, identifying, analysing, evaluating, treating, monitoring and communication risks associated with any activity, function or process in a way that will enable organisations to minimise losses and maximise gains (GSPO: Appendix 4)[4].

It should be noted that the requirement for a risk management approach can (and should) be used as part of all duties an operator of an aquatic facility has, however for the purposes of this section of the report, the authors have focused on the key areas identified below.

Analysis of the legislation found that risk assessment/management can be found in all pieces of examined legislation. However, as chemical risk assessment and management is addressed in more detail in section 11, the Dangerous Goods Acts and Regulations and the Hazardous Substances documents for the States and Territories will not be examined in this section. As such, only the OHS Acts, Regulations and the Public Health Guidelines for the States and Territories will be examined below.


5.1 General reference to risk management/risk assessment This criterion notes that there is a general reference to risk management/ risk assessment within the specified documents. These may include, but not limited to:

- hot and cold environments - noise - working at heights - falling objects.

5.2 Employer to ensure workplace is safe and without risks to health An employer is to ensure that the workplace is safe for the employer’s employees and without risks to their health (ACT I: s37,2,b(i))[22].

5.3 Employer to ensure risk of injury or death from electricity is eliminated An employer is to ensure that any risk of injury from electricity at a place of work is identified, assessed and eliminated. If elimination is not reasonably practicable, the risk is to be controlled (NSW II: s64(1))[12].

5.4 Employer to minimise risks related to confined spaces An employer is to minimise the risks to health and safety from work related to confined spaces at the workplace (NSW II: s68(a))[12].

© AWSC 2007 79

5.5 Employer to eliminate or minimise risks related to manual handling Manual handling is defined as any activity requiring the use of force exerted by a person to lift, lower, push, pull, carry or otherwise move, hold or restrain a person, animal or thing (WA II: s3.4(1))[24]. An employer is to ensure that as far as is practicable, work practices carried out at a workplace involving manual handling are designed and implemented to be without risk to the health and safety of a worker (NT II: s59(a))[19].

5.6 Employer to eliminate or minimise risks to health and safety arising from plant An employer is to ensure that any plant provided for use by the employees is safe and without risks to health when properly used (NSW I: s8,1(b))[42].

5.7 Employer to ensure maximum number of bathers is not exceeded An employer is to ensure that the maximum number of bathers per m2 of water is not exceeded. The number of patrons using a 50m competition pool does not exceed 1 person per 3.5 m2 (NT VI: s6.7)[13].

5.8 Employer to minimise risks to health and safety for persons other than employees. An employer is to ensure as far as is practicable, that persons other than employees of the employer are not exposed to risks to their health or safety arising from the conduct of the undertaking of the employer (VIC I: s23(1))[36].

Table 4: Results for Risk Assessment/Management

Criteria Doc

*


5.1

General reference to risk assessment/ management

I

II

VI

5.2

Employer to ensure workplace is safe and without risks to health

I [s37,2,b(i)]

[s8,1(a)] a)

[s29,2(c)]

[s34C(1)]

[s19,1,a(i)]

[s9,1,a(i)]

[s21(1)] b)

II c) [s39(1)]d)

[s1.3.2] e) [s3.1]

VI f) f) g) h) i) g)

5.3

Employer to ensure risk of injury or death from electricity is eliminated

I

II [s64(1)] [s62(1)] j)

[s2.5.6(1)]

k)

VI

5.4 I

© AWSC 2007 80

Criteria Doc

*


Employer to minimise risks related to confined spaces

II [s68] [s61A] l) [s2.4.3] m) [s15] n)

VI

5.5

Employer to eliminate or minimise risks with respect to manual handling

I

II [s80,1(a)]

[s59(a)] [s2.9.3(1)]

o) [s3.4(2)]

p)

VI

5.6

Employer to eliminate or minimise risks to health and safety arising from plant

I [s37,2,a(i)]

[s8,1(b)] [s29,2(a)]

[s34D(1)] q)

[s19,1,a(iii)]

[s9,1,a(iii)]

[s21,2(a)]

b)

II r) [s87A(1)]

s) t) [Div 3, sub division 1]

u)

VI

5.7

Employer to ensure maximum number of occupants is not exceeded

I

II

VI v) v)

5.8

Employer to minimise risks to health and safety for persons other than employers

I [s38(1)] w)

[s8(2)] [s29,1(b)]

[s28(1)] [s 22 (2)] x)

[s9(3)] [s23(1)] [s21(2)]

II [s9,1(b)] y)

[s4][s1.2.1(1)]

[s1.4,a(ii)]

VI [s2] [pg 3] [pg 2] [s36.1] [pg 4] [s2]


Variants:

a) NSW: An employer must ensure that any premises controlled by the employer where the employees work (and the means of access to or exit from the premises) are safe and without risks to health (NSW I: s8,1(a))[42]. It also relates to systems of work and the working environment (NSW I: s8,1(c))[42].

© AWSC 2007 81

b) WA: Refers to duties of employers as being to not expose employees of the employer to hazards at the workplace and in the use of plant (WA I: s19,1(a))[25].

c) NSW: Employer is to assess the risk of harm to the health or safety of the following persons arising from any hazard identified at locations such as the work premises (NSW II: s10)[12].

d) NT: An employer shall ensure that a worker’s exposure to a hazard at a workplace is controlled to minimise the risk to the health and safety of the worker (NT II: s39(1))[19].

e) TAS: An accountable person as far as is reasonably practicable must identify all hazards arising, or which may arise, in a workplace; and assess the risk of those hazards and implement appropriate measures to control the risk (TAS II: s17(1))[26].

f) ACT: Refers to minimising public bather risk at public swimming and spa pools (ACT VI: pg 1)[37].

g) NT: There is a public expectation that facilities will be designed, operated and maintained in such a manner that they will pose no risk to the safety or health of their patrons (NT VI: pg 4)[13]. Further to this, wading pools should be kept empty when not in use to minimise the risk to children (NT VI: s7.6)[13]. Same variant as WA (WA VI: pg 7)[21].

h) QLD: The good management of swimming and spa pools ensures that patrons are not subject to health risks (QLD VI: pg 2)[30].

i) TAS: All public swimming pools and public spa pools which do not comply with water quality requirements are to be closed before they cause a risk to public health (TAS VI: s39.1)[48].

j) NT: Electrical installations, materials, equipment and apparatus at a workplace shall be protected and maintained to minimise the risk of electrical shock or fire (NT II: s62(1))[19].

k) WA: Person in control of a workplace is to minimise the risk of electrical shock or fire (WA II: s3.59(a))[24].

l) QLD: A relevant person at a workplace at which a confined space is used, or is to be used, must comply with the following clauses of AS 2865, Clause 9.1 and 9.2 (Risk assessment) (QLD II: s145,1(b))[17].

m) TAS: An accountable person must ensure that any work performed in a confined space is performed in accordance with the requirements of AS 2865 (TAS II: s112)[26].

n) WA: An employer is to ensure that the provisions of AS 2865 in relation to work done in confined spaces at the workplace are complied with (WA II: s3.85)[24].

o) TAS: An accountable person in a workplace must take all reasonable steps to ensure that the National Standard for Manual Handling, issued by Worksafe Australia, is complied with in the workplace (TAS II: s65)[26].

p) VIC: Risk assessment to be undertaken if a task involving hazardous manual handling has been identified (VIC IIb: s14(1))[31].

q) QLD: Relates to person in control of plant in relevant workplace area (QLD I: s34D(1))[38].

r) NSW: Plant is to be used only for the purposes for which it was designed unless a competent person has made an assessment that the change in use does not present an increased risk to health or safety (NSW II: s136,3(b))[12].

s) QLD: A relevant person must ensure that while the risk exists, an effective control measure for the risk is used (QLD II: s217R(2))[17].

t) SA: SA OHS Reg deals with risk assessment for a variety of different types of plant. See s3.2.24 to 3.2.29 for further information (SA II: s3.2.24)[18].

© AWSC 2007 82

u) WA: If a person identifies a hazard (in relation to plant) then the person must assess the risk of injury or harm to a person resulting from each identified hazard (WA II: s4.28(3))[24].

v) NT: Aquatic facilities shall ensure that the number of patrons using a 50m competition pool does not exceed 1 person per 3.5 m2. For maximum bather numbers for other bodies of water please see s 6.7 (NT VI: s6.7)[13]. Same variant for WA, see s7.14 for further information (WA VI: s7.14)[21].

w) ACT: An employer shall take all reasonably practicable steps to ensure that persons at or near a workplace under the employer’s control, who are not the employer’s employees, are not exposed to risk to their health and safety arising from the conduct of the employer’s undertaking (ACT I: s38(1))[49].

x) SA: An employer or self employed person need to ensure that any other person not being an employee employed or engaged by the employer is safe from injury and risks to health (a)while the other person is at a workplace that is under the management and control of the employer or self‐employed person or (b) while the person is in a situation where he or she could be adversely affected through an act or omission occurring in connection with the work of the employer or self employed person (SA I: s22(2))[27].

y) NSW: This duty applies to any other person legally at the employer’s place of work that is not an employee (NSW II: s9,1(b))[12].

© AWSC 2007 83

Appendix 6 Staff Induction, Training, Instruction and Supervision Staff induction, training, instruction and supervision refer to the provision of information and supervision to an employee to ensure a person’s health and safety at a place of work. Workplace health and safety is ensured when persons are free from risks of death, injury or illness created by workplaces, relevant workplace areas, work activities or plant or substances for use at a workplace (QLD V: pg1)[32].

An employer has a duty to provide levels of induction, training, instruction and supervision necessary to ensure the health, safety and welfare of people at work.

This level is to be commensurate with the risks to health and safety for those concerned (NSW II: s13(b))[12]. It is to be provided with respect to the types of substances and work processes undertaken at a place of work and may include training courses, Material Safety Data Sheets (MSDS) and other information on hazardous substances for example.

The literacy levels, work experience and any specific skills required for the job should be taken into account when deciding upon the structure, content and delivery of training (QLD V: p18)[32].

Induction refers to the initial training given to workers when they commence employment. This training is of a general nature and may include a workplace tour, conditions of employment, administration, organisational structure and function, emergency procedures, workplace amenities (QLD V: p18)[32].

Training refers to ongoing training given to workers throughout their employment. This training is to be relevant to the level of risk a worker faces during the course of a person’s employment, and with respect to the exposure to hazardous substances a worker experiences during their daily duties (QLD V: p18)[32]. Training can also be both formal and on the job (QLD V: p18)[32].

Examination of the legislation found no references to staff induction, training, instruction and supervision within the ACT, TAS and VIC Public Health Guidelines.

The NSW Public Health Guidelines make reference to a pool operator’s qualifications stating operators of public pools should have sound knowledge of pool operating procedures. It states a training course should be undertaken and the Aquatic and Recreation Institute should be consulted (NSW VI: s9)[29]. Pool operators should have a sound knowledge of: pool plant, pool maintenance, pool disinfection requirements, water testing, first aid, life saving and resuscitation techniques (NSW VI: s9)[29].

The NT Public Health Guidelines state that all employees involved in the operation of ozone generating equipment shall be trained in the operation and maintenance of the equipment. Refresher training of ozone equipment operations and maintenance procedures shall be conducted a minimum of once every 6 months (NT VI: Appendix 2, s1)[13]. This is also referred to in the WA document (WA VI: App 4, s1)[21]. Further to this, as part of good pool management procedures an operator is to ensure that all pool staff are fully trained in pool/spa operating procedures (NT VI: Appendix 5, s2(ii))[13].

The QLD Public Health Guidelines states that pool operators need to undertake one of the pool operator courses available through registered training organisations (RTOs) (QLD VI: pg 2)[30]. Operators of Category 1 (high risk) and Category 2 (medium risk) pools should have completed a training course in swimming pool plant operation and water quality (QLD VI: pg 4)[30].

SA Public Health Guidelines state that where a swimming pool or spa pool is available for public use, the owner of the premises where the pool is situated must ensure that the pool is under the control and

© AWSC 2007 84

management of a person who is knowledgeable in the operation of the pool and sufficiently competent to ensure that the pool complies with the requirement of the regulations (SA VI: s8, 1(a))[33].

The WA Public Health Guidelines state that it is essential that aquatic facility management and staff possess qualifications and skills that enable them to effectively operate the facility, supervise and control users and provide them with adequate emergency care. Management is expected to be able to carry out all required tasks including operation of the filtration plant and equipment, maintaining water quality, general upkeep and maintenance of the facility (WA VI: s6)[21]. Further to this, an operator of an aquatic facility shall ensure that personnel providing instruction in specific aquatic activities such as learn to swim and scuba diving, hold an appropriate and approved qualification (WA VI: pg48)[21].


6.1 General reference to staff induction, training, instruction and supervision This criterion notes that there is a general reference to staff induction, training, instruction and supervision in the relevant documents.

6.2 Employer to provide induction, training and instruction An employer is to provide adequate induction, training and instruction of employees to ensure employees health, safety and welfare at work (NSW I: s8, 1(d))[42]. The level of induction, training and instruction to be provided is to be commensurate with the risks to health and safety for those concerned, provided with respect to the types of substances and work processes being undertaken at a place of work and to ensure so far as is practicable that employees are not exposed to hazards (WA I: s19, 1(b))[25].

Training may include but is not limited to: training for plant, manual handling, confined spaces, PPE, emergency procedures to be followed and first aid, amongst others.

6.2.1 Adequate supervision to be provided An employer is to ensure that employees are provided with reasonable supervision necessary to ensure the health and safety of the employees and any other person at an employer’s place of work (NSW II:s14(1))[12]. Supervision is also to be provided to ensure, so far as is practicable that employees are not exposed to hazards (WA I: s19, 1(b))[25].

6.3 Employee to be informed of hazard reporting and management procedures An employer is to ensure that employees are informed of hazard reporting and management procedures and are provided with the names of persons to whom employees may make inquiries and complaints to about matters affecting occupational health, safety and welfare at the workplace (SA I: s19, 3(c))[27].

6.4 Sharing of information with employees for consultation An employer is to ensure that employees are consulted with respect to any decision being made concerning their health, safety and welfare at work. The nature of this consultation is to include the sharing of relevant information about occupational health, safety and welfare with employees (NSW I: s14(a))[42]. Workplace consultation is the regular exchange of ideas and information on issues of workplace health and safety and may involve an employer engaging in discussion with employees, health and safety committees and/or representatives and designated work groups among others.

© AWSC 2007 85

6.4.1 Members of OHS Committees or OHS Representatives to undertake training An employer is to ensure that each member of an Occupational Health and Safety (OHS) Committee and each OHS Representative at a workplace has undertaken a training course (NSW II: s31(1))[12].

6.5 Information, instruction, training and supervision for work of a hazardous nature An employer is to ensure that a worker who is to undertake work of a hazardous nature, that to the employer’s knowledge the employee has not undertaken before, is to receive proper information, instruction and training before the employee commences that work. Work of a hazardous nature includes any work process where an employee may be exposed to a hazardous substance and in the information and training to be provided is to be commensurate with the level of risk identified in the risk assessment and is to apply to any workers who may be exposed to the substance (QLD II: Part 13)[17].

6.6 Employer to retain records of induction and training An employer is to keep a record of the induction and training programs provided and include the names of employees receiving training and the dates of attendance, an outline of the course content and the names of persons providing the induction and training programs (ACT V: s10.8)[37]. Records of induction and training are to be kept for at least five years from the date of the last entry in them (ACT V: s10.9)[37].

Table 5: Staff Induction, Training, Instruction and Supervision Results

Criteria Doc *


6.1

General reference to staff induction, training, instruction and supervision

I

II

III

IV

V NRD NRD

6.2

Employer to provide staff induction, training, instruction

I [s37,2(d)]

[s8,1(d)]

[s29,2(d)]

[s29(e)] [s19,1(c)]

[s9,

1(c)]

[s21,2(e)]

[s19,1(b)]

[s19(2)]

II [s13(2)] [s43(1)] [s21]

[s1.3.4(1)]

a) [s26]

[s5.21(1)]

III b) [s9,3,c(iv)] c) [s23(d)]

[s45C,2(c)]

IV d) e)[s29(1)]

[s4.30,1(

© AWSC 2007 86

Criteria Doc *


f) [s402(1)] a)]

V [s10.2] g)

[s7.1] [s10.2]g)

[s4] NRD [s321] NRD

6.2.1

Adequate supervision to be provided

I [s37,2(d)]

[s8,1(d)]

[s29,2(d)]

[s29(e)] [s19, 1(c)]

[s9, 1(c)]

[s21,2(e)]

[s19,1(b)]

II [s14] h)[s1.3.6]

i)

III [s9,3,c(iv)] c) [s23(d)]

IV [s245(2)]

[s29(1)]

[s402(1)]

V NRD NRD

6.3

Employee to be informed of hazard reporting and management procedures

I [s19,3(c)]

[s9,2(c)]

II [s13,1(a)] [s3.2.16,

a(i)]

III

IV [s402,2(a)]

V [s10.3(i)]

[s7.1(i)] [s10.3(i)]

[pg 17] NRD NRD

6.4

Sharing of information with employees for consultation

I [s37,2,e(i)]

[s14(a)] j) [s20,1(a)]

[s36,1(a)]k)

j)

II [s27] l) [s1.3.1][s15(1)]

[s12]

III [s23(d)]

IV m) [s401]

V [s5.1] [s5.1] [s3] NRD [s322] NRD

6.4.1

Members of

I [s61,1(f)]

[s44F(e)]

[s31(f)] n)

© AWSC 2007 87

Criteria Doc *


OHS committees or OHS representatives to undertake training

II [s33]

III

IV [s402(1)]

V NRD NRD

6.5

Information and training to be provided for work of hazardous nature if the employee has not undertaken the work before

I [s97,1(a)]

[s19, 3(e)]

II

III b)

IV

V [s10.1]

o)

[s7.3(c)]

[s10.1]

o)

NRD [s321] NRD

6.6

Employer to retain records of training and instruction

I [s37(3)]

[s19,3(da)]

II [s171(b)]

[s43,2(b)] [s21(c)] [s1.3.4,2(

d)]

[s5.21(2)]

III [s44(2)]

IV p) [s174ZV]

[s402(3)]

V [s10.8 & s10.9]

[s7.6] [s10.8 & s10.9]

q) NRD NRD

‐ Contained in document – Not in Document, NRD – No Relevant Document, * ‐ See Figure 5 for explanation.

Variants:

a) TAS: An accountable person, if requested by another person, must provide to that other person any relevant health and safety information that is not commercially sensitive or of a personally confidential nature and that is necessary for that other person to fulfil his or her work‐related obligations at the workplace (TAS II: s20(1))[26].

b) ACT: Information, education and training is included in the description of a safety management system which is to be provided for persons whom may be exposed to a dangerous substance at a place of work (ACT III: s19,4(d))[45].

© AWSC 2007 88

c) NT: Information, training, instruction and supervision to be provided for persons handling dangerous goods (NT II: s9,3,c(iv))[19].

d) ACT: Person in control of a registrable premises must ensure that substance handlers are given induction, information, training and supervision (ACT IV: s245(2))[15].

e) NT: Training is to be provided to employees and other persons on the measures and equipment provided for use with dangerous goods in relation to conditions that may apply to a licence (NT VI: s8(h))[13].

f) QLD: Induction, information, supervision, education and training to be provided for a person involved with the storage or handling of stated dangerous goods or combustible liquids at an occupier’s facility or location (QLD IV: s29(1))[34].

g) ACT: Training is also to be provided to employees who are supervising others using hazardous substances at work (ACT V: s10.2)[37]. Same variant as NT.

h) QLD: An employer of a trainee in a prescribed occupation is to supervise the trainee (QLD II: s22)[17].

i) WA: Supervision is to be provided for uncertificated persons performing prescribed work or using or operating industrial equipment (WA II: s6.4(1))[24].

j) NT: Health and Safety Committees to facilitate consultation and co‐operation between employers and workers working at the workplace initiating, developing and implementing measures designed to ensure the health and safety of the workers at the workplace (NT I: s44C(a))[35]. Same variant as WA (WA I: s40,2(a))[25].

k) VIC: Employers and employees should exchange information and ideas about risks to health and safety and measures that can be taken to eliminate or reduce those risks (VIC I: s4(4))[36].

l) QLD: Consultation is to be undertaken for risk assessment of lead‐risk jobs (QLD II: s129,8(a))[17].

m) ACT: Person in control of a registrable premises must consult with employees and/or any health and safety representatives of the employees on induction, training, information provision, hazard identification, risk assessment and risk control in relation to dangerous substances (ACT IV: s226)[15].

n) WA: Where a safety and health representative attends a course of training for which the representative is entitled to take time off work the employer is liable to pay, to the extent that is prescribed – the tuition fees for the course and other costs incurred by the representatives in connection with attendance at the course (WA I: s35(1b))[25].

o) ACT: Employers have the responsibility to induct and train employees with the potential for exposure to hazardous substances (ACT V: s10.1)[10]. Same variant as NT.

p) ACT: Person in control of a registrable premises must ensure that a record of induction, information, training and supervision given, is made and kept for at least 5 years after the day the record is made (ACT IV: s245(4))[15].

q) QLD: Risk assessment records are to include the induction and training procedures to be taken (QLD V: pg 34)[32].

© AWSC 2007 89

Appendix 7 Water Quality – Chemical Parameters and Frequency of Testing This section relates to the establishment and maintenance of water quality at aquatic facilities and examines both chemical parameters and the frequency of testing required to maintain a safe level of water quality.

7.1 Chemical Parameters Chemical parameters refer to the levels at which various chemicals are to be present within the water to maintain water quality at acceptably safe levels. It should be noted that these documents specify the minimum levels of chemicals and disinfectants as a health criteria for treated water public swimming pools and spa pools except where stated otherwise (NSW VI: pg2)[29].

We acknowledge that there is non‐automatic control dosing and other testing parameters such as for total bromine, ozone, reserve (total) alkalinity, clarity and water balance. For the purposes of this report, the chemical parameters for free chlorine, total chlorine, combined chlorine and pH levels will be examined for automatic control dosing in indoor, outdoor and spa pools only. These results are also for pools where cyanuric acid is not used.

There are no references to chemical parameters or frequency of testing within any of the States and Territory’s legislative documents. Therefore, only Public Health Guidelines for each State and Territory will be examined below.


7.1.1 General reference to chemical parameters This criterion notes that there is a general reference made within the documents to chemical parameters.

7.1.2 pH range pH needs to be properly controlled in a swimming pool and spa pool when chlorine is used and automatic adjustment is recommended to levels between 7.2 and 7.8 (NSW VI: s2.1)[29].

7.1.3 Chlorine Free chlorine is the available (unused) chlorine present in the water for disinfection. Total chlorine is both the available (unused) chlorine present in the water and the used chlorine (known as chloramines). Combined chlorine is calculated by subtracting free chlorine from total chlorine.

Table 6: Results for Chemical parameters for chlorinated public swimming pools


7.1.1

General reference to chemical parameters

VI

© AWSC 2007 90


Outdoor pool

7.1.2

pH range

VI [Table 5]

[Table 7]

[pg20]

[pg10]

a) b) [s5.1.5]

7.1.3

Free chlorine (mg/L) minimum

VI 1.0

[Table 5]

1.0 [Table 7]

1.0[s5.2]

1.5 [pg10] c)

d) e) 1.0 [Table 6]

7.1.3

Combined chlorine (mg/L) maximum

VI 1.0 [Table 5]

1.0 [Table 7]

f) g) h) i)

7.1.3

Total chlorine (mg/L) maximum

VI 10.00 [Table 5]

10.0 [Table 7]

10.00 [pg10]

j) 10.00 [s5.1.3]

Indoor pool temperature < 26 degrees Celsius

7.1.2

pH range

VI [Table 5]

[Table 7]

[pg20]

[pg10]

a) b) [s5.1.5]

7.1.3


VI 1.5 [Table 5]

1.5 [Table 7]

1.0[s5.2]

1.5[pg10]

1.0 [s6,1,b,i(A)]

e) 1.0 [Table 6]

7.1.3


VI 1.0 [Table 5]

1.0 [Table 7]

f) g) h) i)

7.1.3


VI 10.00 [Table 5]

10.00 [Table 7]

10.00 [pg10]

j) 10.00 [s5.1.3]

Indoor pool temperature > 26 degrees Celsius

7.1.2

pH range

VI [Table 5]

[Table 7]

[pg20]

[pg10]

a) b) [s5.1.5]

7.1.3


VI 2.0 [Table 5]

2.0 [Table 7]

2.0[s5.2]

2.0[pg10]

2.0 [s6,1,b,i(C)]

e) 2.0 [Table 6]

© AWSC 2007 91


7.1.3


VI 1.0 [Table 5]

1.0 [Table 7]

f) g) h) i)

7.1.3


VI 10.00 [Table 5]

10.00 [Table 7]

10.00 [pg10]

j) 10.00 [s5.1.3]

Spa pool

7.1.2

pH range

VI [Table 10]

[Table 12]

[pg20]

[pg10]

a) b) [s5.1.5]

7.1.3


VI 2.0 [Table 10]

2.0 [Table 12]

3.0 [s 5.2] k)

3.0[pg10]

4.0

[s7,1,b(i)]

2.0 [Table 43.1]

l)

3.0 [Table 6]

7.1.3


VI 1.0 [Table 10]

1.0 [Table 12]

f) g) h) i)

7.1.3


VI 10.00 [Table 10]

10.00 [Table 12]

10.00 [pg10]

j) 10.00 [s5.1.3]


Variants:

a) SA: pH is to be maintained between 7.2 and 7.6 (SA VI: s6,1,b(v))[33].

b) VIC: the pH of spa pools and swimming pools is to be maintained between 7.2 and 8.0 (VIC VI: s44)[8].

c) QLD: For an outdoor pool >26 degrees Celsius, free chlorine is to be a minimum of 3 mg/L (QLD VI: pg10)[30].

d) SA: There is no reference made to outdoor pools in this document. Pools are differentiated on the basis of temperature. Therefore an outdoor pool with a water temperature not exceeding 26 degrees Celsius must have a minimum of 1mg/L of free chlorine (SA VI: s6, 1, b, i(A))[33]. Similarly an outdoor pool with a water temperature which exceeds 26 degrees Celsius must have a minimum of 2mg/L of free chlorine (SA VI: s6, 1, b, i(C))[33].

e) VIC: All pools are to have a minimum of 1mg/L of free chlorine and a maximum of 8 mg/L. No differentiation is made between indoor and outdoor pools and different temperatures (VIC VI: Table 43.1)[8].

f) NT: Recommends that facilities be operated with combined chlorine levels no greater than 30% of free chlorine levels (NT VI: p19)[13].

© AWSC 2007 92

g) QLD: Combined chlorine shall not exceed half the total chlorine concentration with a maximum of 1.0 ppm (QLD VI: pg10)[30].

h) VIC: When a spa pool or swimming pool is open for use the combined chlorine of the water in the pool is to be at all times less than the free chlorine residual and measured to be less than 1mg/L at least once in every 24 hours of operation (VIC VI: s46)[8].

i) WA: It is recommended that facilities be operated with combined chlorine levels no greater than 30% of the free chlorine levels (WA VI: s5.1.2)[21].

j) SA: Total chlorine concentration in the water, other than the residual free chlorine must not exceed 1mg/L for swimming pools (SA VI: 6,1,b(ii))[33] and spa pools (SA VI: 7, 1, b(ii))[33].

k)NT: Chemical parameters for spa pools also applies to hydrotherapy pools (NT VI: s5.2)[13].

l) VIC: A maximum of 8mg/L of free chlorine to be present in spa pool water (VIC VI: Table 43.1)[8].

7.2 Frequency of Testing Frequency of testing refers to the frequency with which water chemistry testing is to be undertaken at both swimming pools and spa pools. Reference is made to both automatic and manual testing methods and often varies with respect to the number of patrons a facility receives (WA VI: s1.2)[21].

7.2.3 General reference to frequency of testing This criterion notes that there is a general reference made within the specified documents to the required frequency of water quality testing.

7.2.4 Frequency of manual testing for free chlorine, total chlorine, combined chlorine and pH levels For public pools and spa pools the minimum manual testing frequency for free chlorine, total chlorine, combined chlorine and pH levels are prior to opening and then once during the day to confirm automatic readings. (Automatic readings should be logged four hourly) (ACT VI: table 2)[37].

Table 7: Results for frequency of testing

Criteria Doc *


7.2.3 General reference to frequency of testing

VI

Outdoor pool

7.2.4

Frequency of testing for free chlorine, total chlorine, combined chlorine and pH

VI [Table 2] a)

[Table 4] b)

c) d) e)[Appendix 4, pg45] g)

h) i)

Indoor pool temperature < 26 degrees Celcius

7.2.4

Frequency of testing

VI [Table

[Table 4]

c) d) e)[Appendix 4,

h) i)

© AWSC 2007 93

Criteria Doc *


for free chlorine, total chlorine, combined chlorine and pH

2] a) b) pg45]

Indoor pool temperature > 26 degrees Celcius

7.2.4


VI [Table 2] a)

[Table 4] b)

c) d) e)[Appendix 4, pg45]

h) i)

Spa pool

7.2.4


VI [Table 2] a)

[Table 4] b)

c) d) f)[Appendix 4, pg45]

h) i)


Variants:

a) ACT: Tests are carried out for free chlorine, total (combined) chlorine and pH (ACT VI: Table 2)[37].

b) NSW: Tests are carried out for free chlorine, total (combined) chlorine and pH (NSW VI: Table 4)[29].

c) NT: The frequencies for testing vary depending upon the type of facility the aquatic venue is deemed to be.

• Group One facilities, that is, facilities that allow public access with limited restrictions such as age without an accompanied adult, such as aquatic centres and community operated facilities amongst others, are to test for free chlorine and pH levels at least once every 4 hours.

• Group Two facilities, that is, facilities that restrict access to discrete users and user groups, such as school, learn to swim centres and hydrotherapy pools amongst others are to test for free chlorine and pH levels at least 3 times per day.

• Group Three facilities, that is, facilities that restrict access to owner/occupier residents and guests, such as aquatic facilities in flats and home units amongst others, are to test for free chlorine and pH levels at least once per day. There is no mention made to testing of total or combined chlorine (NT VI: s5.5)[13].

d) QLD: The frequencies for testing for free and total chlorine and pH vary depending upon the type of facility the aquatic venue is deemed to be. No mention of combined chlorine is made.

• Category 1 – these swimming pools and spa pools are deemed to be high risk and require greater operator supervision and water chemistry testing than other categories of swimming pools and spa pools. Pool water tests at a category 1 facility are to be carried out 5 times per day or after heavy use (QLD VI: pg4)[30].

• Category 2 – these swimming pools and spa pools are deemed to be of medium risk and require the operator to supervise the pool during peak use periods, however a similar water chemistry testing regime to category 1 facilities should apply. As such, testing is to be carried out 3 times per day (QLD VI: pg4)[30].

© AWSC 2007 94

• Category 3 – these swimming pools and spa pools are deemed to be of low risk and require minimum daily supervision operator testing. As such water chemical testing should be carried out twice a day or after heavy use (QLD VI: pg5)[30]. See Appendix 4 for times throughout the day when testing is to be undertaken for each category of facility (QLD VI: Appendix 4)[30].

e) SA: A swimming pool is to be fitted with automatic equipment that continuously analyses and controls the level of disinfectant in the water and the pH level of the water (at least to the standards required by this regulation) whilst the pool is in use (SA VI: s6, 1, c(ii))[33]. No reference is made to specific types of disinfectant.

f) SA: Variant e) also applies to spa pools (SA VI: s7,1,d(ii))[33].

g) TAS: Tests are carried out for free chlorine, total (combined) chlorine and pH (TAS VI: Appendix 4)[48].

h) VIC: Water in swimming and spa pools is to be tested no less than every 4 hours for free chlorine and pH levels. Combined chlorine levels are to be tested daily for both swimming pools and spa pools (VIC VI: Table 51)[8]. A proprietor is to ensure that testing of water in the spa or swimming pool is undertaken for free chlorine and pH within 30 minutes before each opening of the pool (VIC VI: s51(4))[8]. No mention of total chlorine in this document.

i) WA: The frequencies for testing for free chlorine and pH vary depending upon the type of facility the aquatic venue is deemed to be.

• Group One facilities, that is, facilities that allow public access with limited restrictions such as age without an accompanied adult, such as aquatic centres and resorts (multiple pools and spas) amongst others are to test at least once every 4 hours.

• Group Two and Three facilities, that is, facilities that restrict access to discrete users and user groups, such as schools (Group Two) and hydrotherapy pools (Group Three) amongst others are to test at least 3 times per day.

• Group Four facilities, that is, facilities that are restricted to owner/occupier residents and guests, such as aquatic facilities in strata‐titled body corporate premises amongst others are to test at least once per day (WA VI: s5.4)[21]. No testing for total chlorine or combined chlorine is mentioned.

© AWSC 2007 95

Appendix 8 Personal Protective Equipment (PPE) The term personal protective equipment (henceforth referred to as PPE) for the purposes of this research is defined as any clothing, equipment and/or substance designed to be worn by a person and to protect that person from risks of injury or illness whilst at a place of work (WA I: Schedule 3, pg 148)[25]. This includes, but is not limited to, ear plugs for hearing protection when working with loud noises, gloves and protective eye wear for working with hazardous substances and sun protection cream (NSW II: s15(2))[12].

Examination of the legislation shows that within State and Territory OHS Acts there are few references to PPE and an operator’s associated duties as defined below. There are no references made to PPE within the OHS Acts for NSW, SA and TAS. There are general references to PPE made within the documents for ACT, NT and VIC.

The QLD OHS Act states that PPE is to be used to manage exposure to risks (QLD I: s27A, 2,b(v))[38]. The WA OHS Act states that induction and training on the correct care and use of PPE is to be given to an employee who is likely to be exposed to lead (WA I: s5.58,1(d))[25]. Further to this, any contaminated clothing or PPE is to be removed before entering an area set aside for the consumption of food (WA I: s5.61(c))[25].

Similarly, there are no references to PPE within the Dangerous Goods Acts for ACT, NSW, NT, QLD, TAS and WA. There are general references made within the VIC and SA documents.


8.1) General reference to PPE This criterion notes that there is a general reference to PPE within the identified documents.

8.2) PPE to be provided An employer is to ensure that each person identified to be at risk by a risk assessment is provided with PPE and ensure that it is properly used (NSW II: s11(3))[12]. The PPE is to be provided to a level that is equivalent to the level of risk that has been identified. The provision and use of any PPE should also be in accordance and comply with the relevant Australian Standards (NSW II: s15, 1(f))[12].

8.2.1) PPE to be hygienic and repaired PPE is to be provided and maintained in good working order, that is, in a clean and hygienic condition to the person by the employer and is to be repaired or replaced as frequently as is necessary to ensure the equipment controls the risk for that person (NSW II: s15, 1(d,e))[12].

8.2.2) PPE instruction and training An employer is to ensure that a worker is provided with instruction and training necessary to ensure that the equipment controls the risk for that person (NSW II: s15, 1(c))[12]. Instruction is to include information on the correct use, fitting and maintenance of the PPE (NT II: s72(a))[19].

8.2.3) Employee to be informed of limitations of PPE An employer is to ensure that his or her employee is informed of any limitations of the clothing or equipment (NT II: s72 (b))[19].

© AWSC 2007 96

8.3) PPE for confined spaces to be provided PPE (such as respiratory protective equipment for example) specific to the risks faced by workers in confined spaces to be provided (VIC IIa: s25(6))[41].

8.3.1) Training for PPE for confined spaces to be provided An employer is to provide training with respect to PPE to be used in confined spaces (NSW II: s71(4))[12].

8.3.2) PPE for use in contaminated confined spaces to be provided Respiratory protective equipment is to be provided for use when there is a contaminated atmosphere generally and/or within a confined space (NSW II: s71(4))[12].

8.4) PPE for use in cold environments to be provided Employer is to provide warm clothing or other protective equipment to employees that is adequate for risks related to work being conducted in cold environments (NSW II: s48(a))[12].

8.5) PPE for use with loud noises to be provided Employer is to provide personal hearing protectors to workers who are exposed to noise at a level above the exposure standard (WA II: s3.47)[24].

8.6) PPE for use with dangerous goods/hazardous substances to be provided An employer must ensure that where PPE is required to control an identified risk in relation to the storage or handling of dangerous goods and/or hazardous substances, the equipment is provided, maintained and accessible to persons authorised to be on the premises (NSW II: s174ZD(1))[12].

8.7) Areas where PPE to be worn to be clearly identified Areas within the workplace where PPE is to be used or worn must be clearly identified by signs in accordance and complying with AS 1319 – Rules for the Design and Use of Safety Signs for the Occupational Environment (WA II: s3.34, 1(e))[24].

8.8) PPE storage Employer is to provide an appropriate place for PPE to be stored in at the employer’s workplace. It is to be stored in a manner that means the PPE is readily accessible to employees and is to be stored in a place provided by the employer for that purpose (NSW II: s15,1(f))[12].

© AWSC 2007 97

Table 8: PPE results


8.1

General reference to PPE

II

IV

V NRD NRD

VI

8.2

PPE to be provided

II [s11(3)][s15,1(a)] a)

[s71(1&2)] [s107,3(a)] [s2.12.1(1)] b) [s58, 1(a)] [s3.33,1(b)] c)

IV [s235(2&3)] [s174ZD(1)] [s30(2)] [s9(1)] [s411,2(a)]

V [s12.18(b)] [s9.1] [s12.18(b)] [s5] [Vb] NRD [s313(3)] NRD

VI d)

8.2.1

PPE to be hygienic & repaired

II [s11(3)][s15,1(d,e)]

[s72(c)] e) [s107, 4(b)] f)

[s2.12.1(2)][s2.12.1, 4(d)] g)

[s58, 1(b)] [s3.34,1(c)] h)

IV [s235,3(b,c)] [s174ZD(1)] [s30(2)] [s9,1(f)] [s411,2(b)]

V [s12.18(c)] [s9.3.1(f)] [s12.18(c)] NRD NRD

VI

8.2.2

PPE instruction

II [s15,1(c)] [s72(a)] [s107,3(b)] [s2.12.1(5)] [s26(c)] [s3.34,1(a)]

© AWSC 2007 98


& training i)

IV [s29, 2(d)] [s402, 2(e)]

V [s10.3(g)] [s7.3(g)] [s10.3(g)] [pg16] NRD NRD

VI

8.2.3

Instruction on limitations of PPE

II [s15,1(b)] [s72(b)] [s3.34,1(b)]

IV j)

V [s9.3.1(f)] NRD NRD

VI

8.3

PPE for confined spaces

II [s25(6)]

IV

V NRD NRD

VI

8.3.1

Training for PPE for confined spaces

II [s2.4.8,1(g)]

IV

V NRD NRD

VI

© AWSC 2007 99


8.3.2

PPE for use in contaminated confined spaces

II [s71(4)] k) l) [s18,3(b)] [s3.41]

IV

V NRD NRD

VI

8.4

PPE for use in cold environments

II [s48(a)] [s2.12.1,3,a(ii)] m)

IV

V NRD NRD

VI

8.5

PPE for use with loud noises

II n) [s110(c)] o) p)

IV

V NRD NRD

VI

8.6

PPE for use with dangerous goods/hazardous

II [s174ZD(1)] [s107(3)] [s4.1.16(4)] [s5.20,1(c)]

IV [s235 (2)] [s174ZD(1)] [s30(2)] [s411, 2(a)]

V [s9.3.1(f)] [s5] [Vb] NRD [s313(3)] NRD

© AWSC 2007 100


substances VI q) r) q)

8.7

Areas where PPE to be worn to be clearly identified

II [s15, 1(g)] s)

[s73] [s131,3(b)] [s2.12.1(8)] t) [s3.34,1(e)]

IV

V NRD NRD

VI

8.8

PPE storage

II [s15, 1(f)] [s2.12.1,4(d)]

IV [s174ZD(1)]

V [s9.3.1(f)] NRD NRD

VI


© AWSC 2007 101

Variants:

a) NSW: An employer who employs 20 or fewer employees is not required to comply with this Clause within the period of 2 years after its commencement (except to the extent that the Clause applies to risks involving hazardous substances or manual handling (NSW II: s11(4))[12]. Further, an employer who employs more than 20 employees is not required to comply with this Clause within 12 months after its commencement (except to the extent that the Clause applies to risks involving hazardous substances or manual handling (NSW II: s11(5))[12].

b) SA: An employer is to provide PPE that is an effective size and fit and reasonably comfortable for a person who must use it or wear it (SA II: s2.12.1, 4(b))[18].

c) WA: If an employer is required to provide equipment such as safety helmets, eye protection, gloves, footwear and skin protection including sunscreen amongst others, they are to be in accordance and compliant with the relevant Australian/ New Zealand Standard. See section 3.33, 1(b) for further information (WA II: s3.33, 1(b))[24].

d) QLD: Appropriate PPE for the chemicals used should be readily available and used (QLD II: pg 22)[17].

e) NT: Same as WA variant, see note c) (NT II: s72(d))[19].

f) QLD: Relevant person to ensure PPE is effectively maintained (QLD II: s107,4(b))[17].

g) SA: If the sharing of equipment or clothing could present a hygiene risk, an employer is to provide PPE to a person for exclusive use, or sterilise it after each use (SA II: s2.12.1, 4(c))[18].

h) WA: States when an employer is to replace or repair PPE. See section 3.34(1&2) for further information (WA II: s3.34(1&2))[24].

i) WA: The employer is to ensure the person who uses the clothing or equipment is instructed in relation to the correct fitting, use, selection, testing, maintenance and storage of the clothing or equipment (WA II: s3.34, 1(a))[24]. Similarly, an employer is to ensure an employee receives adequate information and training on, without limiting regulation 3.34, the correct care and use of personal protective clothing and equipment to be worn in relation to working with hazardous substances (WA II: s5.21, 1(d))[24].

j) SA: An employer is to instruct employees as to the hazards and risks involved in the performance of their duties and in the use of any safety equipment or protective clothing provided for their use (SA IV: s9, 1(g))[39].

k) NT: An employer shall provide the worker with respiratory protective equipment complying with AS 1715 and AS 1716. See s 78 for further information (NT II: s78)[19].

l) TAS: An accountable person at any workplace in which air‐supplied respiratory equipment is used must ensure that the air supply including quality and temperature of air are consistent with this Regulation. See s60(1) for further information (TAS II: s60(1))[26].

m) SA: PPE is to be provided when an employee is subject to a risk to health or safety through exposure to an extreme of temperature (SA II: s2.12.1,3,a(ii))[18].

n) NT: Personal hearing protectors are to be provided for workers exposed to a level of noise exceeding the national standard for exposure to occupational noise as specified in NOHSC: 1007 (NT II: s56)[19]. In addition, hearing protection equipment is to comply with AS1270 (NT II: s77)[19].

o) TAS: Employer to provide personal hearing protector that meets the requirements of AS 1270 and has been selected according to the procedures specified in AS1269 (TAS II: s110(c))[26].

p) WA: Personal hearing protectors supplied by employers are to have been selected in accordance with the procedures specified in AS/NZS 1269.3 (WA II:s3.47)[24].

© AWSC 2007 102

q) NSW: When handling chemicals workers are to wear appropriate protective impervious gloves and goggles (NSW VI: s3.2)[29]. Same variant as QLD (QLD VI: 4, pg18)[30].

r) NT: Workers involved in the clean up of faecal and other body fluid accidents must use PPE and avoid direct contact with faecal/body fluid (NT VI: s6.9)[13].

s) NSW: Reference should be made to any relevant Australian Standards relating to the provision and use of Personal Protective Equipment (NSW II: s15, 1(f))[12].

t) TAS: An employer, where practicable, is to ensure that any identified hazardous area at which personal protective clothing or equipment is required to be used or worn is identified by appropriate signs (TAS II: s59)[26].

© AWSC 2007 103

Appendix 9 Material Safety Data Sheets (MSDS) Material Safety Data Sheet, (MSDS), means a document that describes the properties and uses of a hazardous substance and/or dangerous good. It includes information on, it’s identity, chemical and physical properties, health hazard information (including first aid information) and precautions for it’s use and safe handling (NT II: p6)[19]. MSDS are also referred to as safety data sheets in the ACT (ACT IV: s215)[15].

An MSDS is to be written so that it is easily understood by everybody, and should be logical and concise (QLD V: p7)[32]. An MSDS is to be in a form according to the National Code of Practice for the Preparation of Material Safety Data Sheets and are not to be altered unless they are not available in one of the accepted formats the National Code of Practice outlines (ACT V: s8.8)[23].

The OHS Acts within each State and Territory do not make reference to MSDS and are not included in table 14. There are no references to MSDS within the Dangerous Goods Acts for the State and Territories with the exception of the Northern Territory which makes reference to a manufacturer’s duty to ensure data for the safe handling of dangerous goods are to be provided when goods are supplied (NT III: s11(3))[50].


An operator of an aquatic facility has the follow duties and obligations with respect to the provision of MSDS.

9.1 General Reference to MSDS This criterion notes that there is a general reference made to MSDS within the identified documents.

9.2 Employer to obtain MSDS for hazardous substances An employer is to obtain, from the supplier of the substance(s), an MSDS for each hazardous substance that is to be stored or handled at the workplace before or on the first occasion on which they are supplied (NSW II: s162, 1(a))[12]. Further to this, if an employer wishes to add additional information, it is to be appended to the MSDS and clearly marked to indicate the appended information is not part of the original MSDS (NSW V: s5.6)[40].

9.2.1 Employer to obtain MSDS for Dangerous Goods An employer is to obtain, from the supplier of the goods, an MSDS for each dangerous good that is to be stored or handled at the workplace before or on the first occasion on which they are supplied (NSW II: s174ZG, 1(a))[12]. This does not apply in relation to a stated dangerous good that is in transit, or stored or handled at a retail outlet in consumer packages that are sold unopened (QLD IV: s74(2))[34].

Further to this, if an employer is not required to provide an MSDS, the employer must ensure that alternative information for the safe storage and handling of the goods is readily accessible to persons at the workplace (QLD IV: s74(3))[34]. This information is to be consistent with the information provided in the MSDS and is to be clearly identified as information provided by the employer (QLD IV: s74(4))[34].

© AWSC 2007 104

9.3 Employer to ensure MSDS is readily accessible for hazardous substances An employer is to ensure the MSDS is readily accessible to an employee who could be exposed to the hazardous substance and to emergency services (QLD IV: s40, 1(b))[34].

9.3.1 Employer is to ensure MSDS is readily available for dangerous goods An employer is to ensure that the MSDS is readily accessible to any person at the workplace who could store or handle the goods and to emergency services (QLD IV: s40, 1(b))[34]. If alternative information on the safe storage and handling of the goods is to be provided, an employer is to ensure that this information is readily accessible to persons at the workplace (QLD IV: s74(3))[34].

9.4 Employer to ensure the MSDS for hazardous substances is not altered An employer is to ensure that an MSDS is not altered except where it is necessary that an overseas MSDS be reformatted by the employer (NSW II: s162, 1(c))[12].

9.4.1 Employer to ensure the MSDS for dangerous goods is not altered An employer is to ensure that the MSDS for any dangerous good that is to be stored or handled at a workplace is not altered, except where it is necessary that an overseas MSDS be reformatted by the employer (NSW II: s174ZG, 1(c))[12].

9.5 Employer to keep a register containing a list of all dangerous goods and hazardous substances An employer is to ensure that a workplace where dangerous goods and hazardous substances are stored and handled has a register that includes a list of all dangerous goods and hazardous substances at the workplace and if required, a current MSDS for each dangerous good and/or hazardous substance (NSW II: s167, 2(b))[12]. The register is to be kept and maintained. It is to be readily accessible to any person engaged by the employer to work at the premises and any other person who is likely to be affected by the dangerous good on the premises (VIC IV: s442)[11].

The register is to be updated as new hazardous substances or dangerous goods are introduced to the workplace and the use or production of existing hazardous substances or dangerous goods is discontinued (NSW V: s5.14)[40].

9.6 Employer to ensure the MSDS is up to date/review of MSDS An employer is to ensure that the MSDS that are provided are the current versions (NSW V: s5.14)[40]. MSDS expire after 5 years, so employers are to ensure they are up to date. Often a review of the MSDS will be undertaken as part of a risk assessment which must be done as soon as is practicable after the substance is used and then within 5 years after the last assessment (QLD II: s105)[17].

© AWSC 2007 105

Table 9: MSDS Results


9.1

General reference to MSDS

II

IV

V NRD NRD

VI

9.2

Employer to obtain MSDS for hazardous substances

II [s162, 1(a)] [s68, 1(a)] [s101(1)]a) [s4.1.9,1(a)] [s75(a)] [s5.11,1a(i)]

IV [s4.29(1)]

V [s8.2] [s8.8] [s5.2] b) [s8.2] [s1] [s8.2] [s8.8] NRD [s302(1)] NRD

VI [p17]

9.2.1

Employer to obtain MSDS for dangerous goods

II [s174ZG,1(a)]

IV [s248, 1(a)]

[s248 (3&4)]

[s174ZG,1(a)] [s40, 1(a)]

[s40(4)]

[s438, 1(a)]

[s438(3&4)]

V [s5.2] b) NRD NRD

VI [pg 22]

9.3

Employer to ensure MSDS is readily accessible for hazardous

II c) [s68, 1(b)] [s102(2)]d) [s4.1.9,1(b)] [s75(b)]e) [s5.11,1(b)]

IV

V [s8.1] [s8.5]g) [s5.1] c) f) [s8.1] [s8.5] g)

[s1] [s8.1] [s8.5]g) NRD [s302(2)] NRD

© AWSC 2007 106


substances VI [p22]

9.3.1

Employer to ensure MSDS is readily accessible for dangerous goods

II [s174ZG,1(b)]

IV [s248, 1(b)] [s174ZG,1(b)] [s40, 1(b)] [s438, 1(b)]h)

V NRD NRD

VI [pg 22]

9.4

Employer to ensure the MSDS for hazardous substances is not altered

II [s162, 1(c)] [s68, 1(c)] [s102, 1(b)] [s4.1.9, 1(c)] [s75(c)] [s5.11, 1(c)]

IV [s40, 1(c)] [s438, 1(c)]

V [s8.8] [s5.6] [s1] [s8.8] NRD [s303] NRD

VI

9.4.1

Employer to ensure the MSDS for dangerous goods is not altered

II [s174ZG,1(c)]

IV [s248, 1(c)] [s174ZG,1(c)] [s438,1(c)]

V NRD NRD

VI

9.5

Employer to keep a register containing a list of all dangerous goods and hazardous substances

II [s167, 2(b)] [s68(4)] i) [s111, 1(b)] [s4.1.11,2(b)]

j)

[s5.13,1(b)]

IV [s249, 1(b)] [s174ZW] [s442]

V [s8.21] l) [s5.13] k) [s8.21]l) [s1] [s8.21] l) NRD [s307, 2(a)] NRD

VI

© AWSC 2007 107


9.6

Employer to ensure the MSDS are up to date/reviewed

II m) [s101, 1(b)][s105]

IV [s248, 1(a)] [s40, 1(a)] [s438,1(a)]

V [s8.7(a)] [s 5.14] [s8.7(a)] [s1.3] [s8.7(a)] NRD [s302(1)] NRD

VI [p22]


© AWSC 2007 108

Variants:

a) QLD: An employer does not have a duty to obtain an MSDS for a hazardous substance if that substance is contained in a consumer package that will not be opened on the operator’s premises (QLD II: s101, 2(b))[17].

b) NSW: MSDS may be transmitted in electronic form. Where an MSDS has not been provided, an employer may request a copy from the manufacturer or importer (NSW V: s5.2)[40].

c) NSW: An MSDS for a hazardous substance is to be readily accessible to an employee who could be exposed to the substance and to be made available on request to WorkCover and any emergency service (NSW II: s174)[12].

d) QLD: Employer is to keep a copy of the MSDS close enough to where the substance is being used to allow a worker who may be exposed to the substance to refer to it easily. There is no ensuring MSDS are accessible to emergency services (QLD II: s102(2))[17].

e) TAS: An MSDS for a hazardous substance is to be readily accessible to employees and makes no mention of emergency services personnel (TAS II: s75(b))[26].

f) NSW: An employer should encourage employees to read MSDS for those hazardous substances which they may be exposed to in their work (NSW V: s5.1)[40]. Employees who are supervising others working with hazardous substances should also have ready access to MSDS (NSW V: s5.5)[40]. Access to MSDS can also be provided in a number of ways such as paper copies, microfiche and via electronic databases. Further information on alterative ways to provide MSDS can be found in the WorkCover NSW Control of Workplace Hazardous Substances Code of Practice 2006 (NSW V: s5.5)[40].

g) ACT: Employers to ensure that an MSDS is readily accessible to employees and employee representatives and to those employees who are supervising others working with hazardous substances (ACT V: s8.1 & s8.5)[23]. Also applicable to NT and SA.

h) VIC: Employer is to ensure that an MSDS for a dangerous good is accessible to any other person on the premises in addition to employees and emergency services authority (VIC IV: s438, 1(b))[11].

i) NT: Does not make reference to MSDS for dangerous goods to be included in a register (NT II: s68(4))[19].

j) SA: A register is to be maintained for hazardous substances but does not mention dangerous goods (SA II: s4.1.11, 2(b))[18].

k) NSW: If a substance is both a dangerous good and a hazardous substance, this should be indicated on the register (NSW V: s5.13)[40].

l) ACT: A register is to be maintained for hazardous substances and does not mention dangerous goods (ACT V: s8.21)[23]. Also applicable to NT and SA.

m) NT: It is a supplier’s duty to review and revise the MSDS to keep it up to date and in any case, at intervals not exceeding 5 years from the date of the last issue of the sheet (NT II: s67, 1(b))[19].

© AWSC 2007 109

Appendix 10 Signage Signage refers to information on signs that a workplace is required to display to ensure the health and safety of staff and patrons at public aquatic facilities. An employer has a duty to provide signage denoting hazards at a place of work, locations where PPE is to be worn, the location of first aid equipment and amenities, identifying means of emergency access to and egress from the workplace and the location of confined spaces.

It should be noted that though a large majority of signage at an aquatic facility will be concerned with water safety and/or water quality, this signage, such as depth markings and advisory warning signs will be examined in more detail in a separate document. Placarding of dangerous goods and hazardous substances is also relevant to this section however it will be examined in section 11.

The examination of the legislation found no references to the provision of signage with respect to the criteria defined below in the OHS Acts and the Dangerous Goods Acts for each State and Territory.

Public Health Guidelines on the whole made reference to the provision of signage but it was concerned with water safety and/ or water quality and as such will be examined in more detail in a forthcoming report. The WA Public Health Guidelines are the only Public Health document which made reference to the provision of signs for means other than water safety. Signs are to be in a place that clearly identifies the location of first aid rooms (WA VI: s2.22.2)[21].


10.1 General reference to signage This criterion notes that there is a general reference to signage within the specified documents.

10.2 Employer to ensure signs for workplace hazards are displayed An employer is to ensure that signs are displayed at a workplace where an area at the workplace contains a hazard that may not be readily apparent to a worker working in or entering the area (NT II: s50(1))[19]. The signs are to be compliant with AS1319 (NT II: s50(2))[19].

10.3 Employer to ensure areas where PPE is to be worn are signposted An employer is to ensure that an area at a workplace where PPE is required to be worn is identified in accordance with AS 1319 (NT II: s73)[19].

10.4 First aid equipment and amenities to be signposted An employer is to ensure that first aid equipment and amenities provided shall be stored at a location at the workplace where they are readily accessible and available for use. The location shall be identified by signs compliant with AS 1319 (NT II: s52(5))[19].

10.5 Employer to ensure emergency means of access and egress are signposted An employer is to ensure that the location of emergency means of access to and egress from the workplace are identified with appropriate signs in accordance with AS 1319 (NT II: s47(3))[19].

© AWSC 2007 110

10.6 Employer to ensure signs are erected in relation to confined spaces If work is to be undertaken within a confined space or undertaken in relation to the preparation for or completion of that work, an employer as far as is practicable, is to ensure signs are erected in the immediate vicinity of the space which identify the space, notify employees they are not to enter the space unless they have an entry permit and that the signs are clear and prominently displayed (VIC IIa: s20)[41].

Table 10: Signage Results

Criteria Doc *


10.1

General reference to signs

I

II a)

IV

V NRD NRD

10.2

Employer to ensure signs for workplace hazards are displayed

I

II [s50] b) [s3.11]

IV

V NRD NRD

10.3

Areas where PPE to be worn to be signposted

I

II [s15,1(g)]

[s73][s2.12.1(8)]

c) [s3.34, 1(e)]

IV

V [s9.3.1(e)]

NRD NRD

10.4

First aid equipment and amenities to be signposted

I

II [s52(5)]

IV

V NRD NRD

10.5

Employer to

I

II [s47(3)

© AWSC 2007 111

Criteria Doc *


ensure emergency means of access and egress are signposted

]

IV

V NRD NRD

10.6

Employer to ensure signs are erected in relation to confined spaces

I

II d) e) [s20]

IV

V f) NRD NRD


Variants:

a) QLD: Reference made to signs though not relevant to an operator of an aquatic facility.

b) SA: Warning signs that comply with the appropriate requirements of AS 1319 must be displayed wherever a person could encounter materials that would burn with extraordinary speed or could cause an explosion (SA II: s2.7.1, 2(c))[18].

c) TAS: Areas where PPE is to be worn to be identified by appropriate signs (TAS II: s59)[26].

d) NSW: An employer must ensure that appropriate signs are displayed and protective barriers are erected to prevent the entry into a confined space of persons who are not authorised by an entry permit (NSW II: s75)[12].

e) SA: An employer must ensure, before a person enters a confined space, and while a person is within a confined space, that appropriate signs and protective barriers are erected to prevent unauthorised persons from entering the area (SA II: s2.4.4(5))[18].

f) NSW: An employer is to ensure warning signs are provided for confined or exposed spaces when there is a risk of exposure to atmospheric contaminants or unsafe levels of oxygen (NSW V: s5.22)[40].

© AWSC 2007 112

Appendix 11 Chemical Risk Management Risk management is the process of identifying, assessing and controlling risks to people, to an organisation, or to an asset (GSPO: APP 4)[4]. Risk management involves as initial assessment of the risk a work process, piece of equipment or substance poses. Risk is then minimised to the lowest level practicable through the use of a hierarchy of control measures.

Firstly, the hazard is to be removed. If this is not possible then the risk is substituted with a hazard that gives rise to a lesser risk. Secondly, isolate the hazard from the person put at risk. Thirdly, the risk is to be minimised by engineering means. Fourthly, the risk is to be minimised through administrative means (such as training and instruction for example). Fifth, the risk is to be minimised through the use of personal protective equipment (PPE) (NSW II: s5)[12].

Risk management of chemicals includes the signage, labelling and placarding of chemicals, storage requirements for chemicals and the provision for spill containment and the safe disposal of chemicals amongst other elements. The provision of PPE for use when handling chemical is also relevant to risk management and is addressed in more detail in Appendix 8 of this report. Similarly, Material Safety Data Sheets (MSDS) are also a significant part of chemical risk management but are discussed in more detail in section 9 of this report.

Emergency response and fire safety measures are also relevant to chemical risk management however these are examined in more detail in Appendix 1 (Emergency response) and Appendix 12 (Fire Safety) respectively.

Examination of the legislation found that within the OHS Acts for the States and Territories there are predominately general references made to a reduction of risks to health and safety as a result of chemical handling and use. For example:

• The ACT OHS Act states that an employer is to ensure the safety at work of, and the absence of risks at work to the health of, the employees in connection with the use, handling, storage or transport of plant or substances (ACT I: s37, 2(c))[22].

• The NSW OHS Act states that an employer is to ensure that any substances provided for use by the employees at work is safe and without risks to health when properly used (NSW I: s8(b))[42].

• The NT OHS Act with respect to chemical risk assessment and management states that a key duty of employers is to provide and maintain a working environment that is safe and without risk to the health or safety of the workers working at the workplace (NT I: s29,1(a))[35].


11.1 General reference to Chemical Risk management This criterion notes that there is a general reference to chemical risk management within the specified documents.

© AWSC 2007 113

11.2 Employer to undertake risk assessment with respect to hazardous substances and dangerous goods. An employer is to undertake a risk assessment with respect to any hazardous substance or dangerous good being stored, used or handled at the workplace. This risk assessment is to include: the identification of any foreseeable hazard that may arise from the conduct of the employer’s undertaking that has the potential to harm the health and safety of an employee or any other person legally at the employer’s place of work (NSW II: s9(1))[12]. The risk is to be assessed and eliminated. If elimination is not reasonably practicable, an employer is to minimise the risk following the hierarchy of controls mentioned above.

11.2.1 Employer to record the results of risk assessment An employer it to record the results of any risk assessment undertaken relating to the use of hazardous substances or dangerous goods. These are to be kept either in the register for the hazardous substance or dangerous good or by preparing a report of the risk assessment if specific measures are necessary to control the risks associated with exposure to the substances or goods (NSW II: s168)[12].

11.3 Chemicals to be stored safely An employer is to ensure that any risks to health and safety relating to the storage of chemicals are reduced. This includes storing chemicals separately in dedicated, air tight containers and should never be allowed to mix (NSW VI: s3.2)[29].

11.3.1 Chemicals to be stored in labelled containers An employer is to ensure that containers that hold a hazardous substance or dangerous good used at work, including one supplied or produced within the employer’s place of work, are appropriately labelled and that the label is not removed, defaced or altered. The label is to clearly identify the substance or good and provide basic health and safety information about the substance including any relevant risk phrases and safety phrases (NSW II: s163)[12]. An employer is to ensure that any instructions relevant to the safe handling and use of chemicals are followed (NT VI: s7.7)[13].

11.3.2 Employer to ensure dangerous goods do not become unstable An employer is to ensure that dangerous goods at a workplace do not become unstable, decompose or change so as to create a different hazard from the original one or increase the risk associated with the dangerous good (NSW II: s174R)[12].

11.4 Employer to reduce risks to health and safety with respect to chemical spills An employer is to eliminate the risk from any spill or leak from any dangerous good or hazardous substance. If the risk cannot be eliminated it is to be reduced as far as is reasonably practicable (NSW II: s174Y, 1(a))[12]. In the event of a spill or leak, immediate action is to be undertaken to reduce any risk. The dangerous goods are to be cleaned up and disposed of and otherwise made safe as soon as is reasonably possible (NSW II: s174Y(3))[12]. Any clothing contaminated with chemicals is to be removed immediately.

11.4.1 Employer to reduce risks to the environment with respect to chemicals An employer is to contain safely within the premises the dangerous goods that have spilled or leaked and any effluent arising from any incident (NSW II: s174Y, 1(b))[12]. Spillages are to be avoided and if they do occur, are to be cleaned up as soon as is practicable and empty containers are to be decontaminated before disposal (NSW VI: s3.2)[29].

© AWSC 2007 114

11.5 Employer to provide health surveillance An employer must provide health surveillance for each employee who is exposed to a hazardous substance if there is a risk to the health of the employee as a result of that exposure (NSW II: s165)[12].

11.6 Employer to provide employees with instruction, induction, supervision and training on chemical risk minimisation An employer is to ensure that employees are provided with information, instruction and training sufficient to enable the worker to conduct the work without risks to the health and safety of the worker or any other person (NT II: s43)[19]. The information, instruction and training to be provided shall be determined according to the nature of the risk associated with the work and be provided in a manner appropriate to the workplace (NT II: s42(2))[19].

11.7 Employer to identify any hazardous substance contained within an enclosed system An employer is to ensure that any hazardous substance contained in an enclosed system, such as a pipe or piping system or a process or reactor vessel or storage tank, is clearly identified (TAS II: s78)[26].

Table 11a: Chemical Risk Management Results

Criteria Doc *


11.1

General reference made to chemical risk management

II

III

IV

V NRD NRD

VI

11.2

Employer to undertake risk assessment with respect to chemicals

II [s9(1)][s174O]

b) [s105] [s4.1.15]c)

[s18] [s3.1]d)

III [s19,1(b)] a)

[s9,3,c(ii)]

[s41(1)] [s11(a)]

IV [s222] [s174Q(1)]

[s18,1(a)]

[s405]

V [s11.4]

[s3.4] [s11.4] [s5.1] NRD [s308(1)]

NRD

VI

11.2.1

Employer to record the results of risk assessment

II [s168][s174Q, 2(a)]

e) [s112] [s18(5)] [s5.16]

III [s41(1)]

IV [s174Q, 2(a)]

[s18,1(b)]

[s405(4)]

© AWSC 2007 115

Criteria Doc *


V [s11.25]

[s8.10] [s11.25] NRD [s310] NRD

VI

11.3

Chemicals to be stored safely

II [s174T]f)

III

IV [s230(1)]

[s174T]f)

[s34] g) [s50]

V h) [s3.4] h) NRD NRD

VI [s3.2] i) [App 2]

11.3.1

Chemicals to be stored in labelled containers

II [s163] [s68(3)]

j) [s103(1)] k)

[s4.1.10] l)

[s76] [s5.12(1)]

III m) [s44(3)]

IV [s174ZH]

n) o)

V p) [s5.9][s5.10]

p) [s2] NRD [s304(1)]

NRD

VI [s3.2] [s7.7] [App 2]

11.3.2

Employer to ensure dangerous goods do not become unstable

II [s174R(1)]

III

IV [s229(1)]

[s174R(1)]

[s33(1)] [s414(1)]

V NRD NRD

VI

11.4

Employer to reduce risks to health and safety as a result of chemical spills

II [s174Y, 1(a)][s174Y(3)]

III q)

IV [s239(1)]

[s174Y, 1(a)][s174Y(3)]

[s37] r) [s422]

© AWSC 2007 116

Criteria Doc *


V [s12.24]

[s12.24] s) t) NRD NRD

VI [s3.2] [Appendix 2]

11.4.1

Employer to reduce risks to the environment with respect to chemical spills

II [s174Y, 1(b)]

III [s11(b)] q)

IV [s233] [s174Y, 1(b)]

[s37(4)] r)

V t) NRD NRD

VI [s3.2] [Appendix 2]

11.5

Employer to provide health surveillance

II [s165] [s42][s69A]u)

[s109] [s4.1.18]

[s22] [s5.23(1)]

III

IV

V [s14.5]

[s11.4] [s14.5] [s8.2] NRD [s318(1)]

NRD

VI

11.6

Employer to provide instruction, information and training on chemical risk minimisation

II [s13(2)] v)

[s43] [s113][s4.1.14]

[s5.21(1)]

III [s19,4(c&d)]

[s9,3,c(iv)]

[s44(1)]

IV [s245(2)]w)

[s29] [s402(2)]

[s4.30]

V [s10.3]

[s7.1] [s10.3] [s4.2][s4.3]

NRD [s321] NRD

VI

11.7

Employer to identify any hazardous substance contained

II [s174ZH]

[s78] [s5.12,1(b)]

III

IV [s174ZH]

© AWSC 2007 117

Criteria Doc *


within an enclosed system

V [s8.25]

[s5.17] [s8.25] [s2.6] NRD [s306] NRD

VI


Variants:

a) ACT: An occupier has a duty to ensure a safety management system is in place for premises that store and handle dangerous goods (ACT III: s31(1))[45]. Most duties specified in this section will fall within the required components of a safety management system.

b) NT: All hazards from work which may affect the health and safety of a worker or another person at a place of work, are to be identified and the risks of those hazards assessed (NT II: s38)[19].

c) SA: Relates to hazardous substances only (SA II: s4.1.15)[18].

d) WA: Relates to hazardous substances only (WA II: s3.1)[24].

e) NT: An employer is to keep a record of all risk assessments made under this regulation for a period of 5 years after the last review unless the assessment relates to exposure of a worker to a hazardous substance and the assessment indicates a requirement for health surveillance or for monitoring of a worker’s exposure to a substance, in which case the record of the assessment is to be kept for 30 years (NT II: s38(5))[19].

f) NSW: Employer to ensure dangerous goods are stored separately from any substances that good is not compatible with (NSW II: s174T)[12]. Same variant as NSW IV.

g) SA: Specifies the storage requirements for Class 6 and 8 dangerous goods where a licence is required (s60) and where a licence is not required (s61). Please see relevant sections for further detail (SA IV: s60 & s61)[39].

h) ACT: Induction and training programs are to include storage procedures for hazardous substances (ACT V: s10.3(e))[10]. Same variant as NT.

i) NT: All chemicals should be kept in lockable storage (NT VI: s7.7)[13].

j) NT: For a hazardous substance decanted into another container for use at a workplace, and for a substance that is not consumed immediately, an employer is to ensure that the container is labelled with the product name, and the relevant risk and safety phrases. If the substance is used immediately, the container does not require labelling (NT II: s68(6))[19]. Containers are to remain correctly labelled until cleaned and made free of the substance that was place in them (NT II: s68(7))[19].

k) QLD: See section 98 for the legislative requirements for the contents of a label (QLD II: s98)[17].

l) SA: An employer is to ensure that any container which holds a hazardous substance used at work, including a container supplied to or produced within the workplace is appropriately labelled; and that a person does not remove, deface, modify or later such a label (SA II: s4.1.10(1))[18].

m) ACT: A safety duty for everyone at a premises where dangerous goods are stored and handled is not to remove, alter, damage, deface or cover any current label, notice, sign or placard at the premises relating to safety of the substance (ACT III: s30, 2(c))[45].

© AWSC 2007 118

n) NT: A person shall not pull down, erase, mutilate or otherwise interfere with any notice, sign, label or marking erected, affixed or made in pursuance of these regulations (NT IV: s23)[51].

o) SA: Any cylinder or above ground tank in which liquefied petroleum gas is stored must bear a class label conforming to the requirements of the regulation. See s25 for further information (SA IV: s25)[39].

p) ACT: Where a substance is decanted at work, the type of labelling required will depend on whether the substance is consumed immediately or over a longer period of time (ACT IV: s8.13)[15]. Same variant as NT.

q) VIC: Occupier shall take all reasonable precautions to prevent leakage of dangerous goods (VIC III: s31(1))[46].

r) TAS: A person is to take precautions to prevent chemical spills (TAS IV: s36)[16]. Further to this, spill collection bunds are to be provided by the holder of a keeper’s licence and separate bunds are to be provided for dangerous goods that are incompatible (TAS IV: s44)[16].

s) QLD: An emergency response plan is to be in place for use in the event of a spill, leak or uncontrolled release of hazardous substances (QLD V: s6)[32].

t) SA: Well designed bunded areas and self contained spillage sumps should contain the spill and minimise losses at a workplace storing and handling hazardous substances (SA Va: Spillage)[52].

u) NT: Health surveillance is to be provided at the expense of the employer and to be undertaken by a competent person trained to test and examine persons exposed to the hazard to which the worker is exposed (NT II: s42(2))[19].

v) NSW: Employer to ensure that any person who may be exposed to a risk to health and safety receive instruction, training and information on those risks at the employer’s workplace (NSW II: s13(2))[12].

w) ACT: Induction, information, training and supervision to be provided for substance handlers (ACT IV: s245(2))[15].

11.8 Registration, notification or licensing requirements for dangerous goods by the occupier of premises The following table summarises State and Territory requirements for registration, notification or licensing by the occupier of the premises.

If the quantities of dangerous goods stored and handled at the premises exceed the relevant quantities specified below for each State and Territory, the occupier of those premises must ensure that a ‘HAZCHEM’ outer warning placard as specified in the relevant State or Territory document is displayed (VIC IV: s429)[11].

Manifests are to be maintained for premises where dangerous goods are stored and handled in quantities that exceed the relevant quantities specified below for each State and Territory. An occupier of a prescribed premises must ensure that the manifest is kept on the premises in a place where it is readily accessible to the emergency services authority (VIC IV: s427(3))[11].

An occupier of a facility deemed to be a major hazard facility is required to hold a licence (VIC IV: s501)[11].

An occupier of premises where dangerous goods are stored and handled in quantities that exceed the relevant manifest quantity in the State or Territory must ensure that the Authority is notified of the presence of those dangerous goods. See the relevant dangerous goods regulations for the relevant State or Territory for specific requirements of notification (VIC IV: s506)[11].

© AWSC 2007 119

For the purposes of this report only 3 classes of dangerous goods will be examined in this section. The authors of this report acknowledge that there may be other classes of dangerous goods present at an aquatic facility however the three classes below have been chosen as they are the most commonly used at an aquatic facility. They are:

• Class 2.2 (non flammable/non‐toxic gases) such as liquid carbon dioxide

• Class 5.1 (oxidising agents) such as Calcium Chloride in packaging units 2 and 3

• Class 8 such as sodium hypochlorite and hydrochloric acid.

Table 11b: Registration, notification or licensing requirements

State * Class Packing group (if relevant)

Placard quantity

Manifest quantity

Register/ notification/ licensing

ACT IV [schedule 1]

2.2 (other than subsidiary risk 5.1)

5,000 L 10,000 L Premises are registrable premisesif they exceed the placard and manifest quantity (ACT IV:s208)[15].

5.1 2 250 kg or L 2,500 kg or L

8 2 250 kg or L 2,500 kg or L

8 3 1,000 kg or L 10,000 kg or L

NSW IV

[schedule 1]


5,000 L 10,000 L Notification to be given to Work Cover if premises exceed or is likely to exceed the manifest quantity (NSW IV: s174ZS(1))[53].

5.1 2 250 kg or L 2,500 kg or L

8 2 250 kg or L 2,500 kg or L

8 3 1,000 kg or L 10,000 kg or L

NT IV


NT IV no reference to quantities for premises that store dangerous goods.

5.1 2

8 2

8 3

QLD IV

[schedule 1, s3]


5000 L 10,000 L a)

A facility is designated as a ‘major hazard facilities’ if it exceeds the prescribe manifest (QLD IV: schedule 1,s3)[34].

5.1 2 250 kg or L 2,500 kg or L

8 2 250 kg or L 2,500 kg or L

8 3 1000 kg or L 10,000 kg or L

© AWSC 2007 120

State * Class Packing group (if relevant)

Placard quantity

Manifest quantity

Register/ notification/ licensing

SA IV 2.2 (other than subsidiary risk 5.1)

b) b) A person must not keep Class 6 or 8 substances in any premises without a licence (SA IV: s57)[39].

5.1 2

8 2

8 3

TAS IV


c) 2.00 kilolitres A person must not keep dangerous goods in excess of the quantity specified by schedule 3 quantity unless that person holds a keeper's licence (TAS IV: s9(5))[16].

5.1 2 c) 1 tonne

8 2 c) 1 tonne

8 3 c) 1 tonne

VIC IV

[schedule 2]


5000 L 10,000 L d)

An occupier of premises where quantities exceed the manifest quantity must ensure the relevant WorkCover authority is notified (VIC IV: s506)[11].

5.1 2 250 kg or L 2,500 kg or L

8 2 250 kg or L 2,500 kg or L

8 3 1,000 kg or L 10,000 kg or L

WA IV

(prescribed amounts)


1,000kg or L Licence required if exceeds the ‘prescribed’ amount (WA IV: Part 4, Division 1, s4.1)[44].

5.1 2 10,000 kg or L

8 2 10,000 kg or L

8 3 10,000 kg or L


Variants:

a) QLD: Also specifies quantities for a major hazard facility:

• Class 2.2 (other than sub risk 5.1) – no mention of class 2.2

• Class 5.1 (packaging group 2 and 3) 200 tonnes

• Class 8 (2 and 3) 500 tonnes [34]

b) SA: For keeping class 2 liquefied petroleum has a person may keep in any premises the following quantities of liquefied petroleum gas a) up to 250 kg for any purpose provided that it is contained in cylinders or tanks b) any quantity provided that is contained in disposable non‐refillable containers (SA IV: s19(2))[39].

© AWSC 2007 121

No requirements specified for Class 5.1. A person must not keep in any premises a quantity of Class 6 or 8 substances greater than that permitted to be kept without a license under regulation 58 unless the following requirements are complied with in respect of those substances. See section 60 for full requirements (SA IV: s60)[39]. See also section 61 for storage requirements of Class 6 or 8 substances that do not require a license (SA IV: s61)[39]. See also section 58 for equation for determining quantities that may be kept without a license (SA IV: s58)[39].

c) TAS: The occupier or licensee of a depot at which dangerous goods are stored must ensure that placards are displayed in the depot in accordance with the Competent Authority’s Guidance Note “How to Hazchem Placard Premises Storing Dangerous Goods” published by the Department (TAS IV: s47(1))[16]. Further to this, the occupier of a depot must ensure that at any time the placards indicate the dangerous goods stored at the depot at that time (TAS IV: s47(2))[16]. A person must not keep dangerous goods in excess of the quantities specified in schedule 3 unless that person holds a keeper’s license (TAS IV: s9(5))[16]. The licensing exemption limits for the specified classes of dangerous goods are as follows:

• Class 2.2 – 2.00 kilolitres

• Class 5.1 (aggregate quantity of all Class 5.1 substances (excluding ammonium nitrate) – 1.00 units

• Class 8 (packing or packing group 1 substances – 0.10 units

• Class 8 (aggregate quantity of all Class 8 substances) – 1.00 units (TAS IV: Schedule 3)[16].

It should be noted that units are in tonnes for solids and kilolitres for liquids and gases (TAS IV: Schedule 3)[16].

d) VIC: Also makes reference to a fire protection quantity of dangerous goods.

• Class 2.2 (other than subsidiary risk 5.1) – 20,000 L

• Class 5.1 (packing group 2) – 10,000 kg or L

• Class 8 (packing group 2) – 10,000 kg or L

• Class 8 (packing group 3) – 20,000 kg or L (VIC IV: Schedule 2)[11].

Notification to relevant Authority to be provided if the premises exceed the manifest quantity for the relevant dangerous good (VIC IV: s506). Major hazard facilities are to be licensed (VIC IV: s501)[11].

© AWSC 2007 122

Appendix 12 Fire Safety Fire safety for the purposes of this report refers to the steps or measures an employer is to undertake to prevent an uncontrolled fire or explosion or the risk of an uncontrolled fire or explosion occurring at a place of work. For the purposes of this report, fire can refer to an electrical, chemical or other type of fire and/or explosion.

An employer is to take reasonable care to identify hazards arising from the physical working environment including the potential for fire (NSW II: s9, 2,i(iii))[12] and the provision of control measures such as fire extinguishers, evacuation procedures and emergency plans amongst others.

Emergency plans and evacuation procedures are also an important part of fire safety procedures however these are examined in more depth in Section 1: Emergency Management and Response.

Analysis of the legislation found that NT, QLD, SA and WA OHS Acts make general references to fire safety. ACT, NSW TAS OHS Acts make no references to fire safety. In the VIC OHS Act a fire is an incident that an employer is to notify a relevant authority about (VIC I: s38(1))[36]. Further to this, an employer has a duty to preserve the site of an incident such as a fire (VIC I: s39(1))[36].

Within the Public Health Guidelines for the States and Territories there are no references to fire safety except for NSW. The NSW Public Health Guidelines make reference to fires when discussing chemical storage and note that fires are only to be extinguished with copious quantities of water (NSW VI: s3.2)[29].


12.1 General reference to fire safety This criterion notes that there is a general reference to fire safety within the relevant documents.

12.2 Employer to provide fire protection systems An employer is to ensure that a workplace has a fire protection system that includes fixed or portable fire detection, fire suppression and fire fighting equipment. This system is to be designed and constructed with regards to, and compatible with, the types and quantities of dangerous goods and other materials and substances and the conditions under which they are stored or handled (NSW IV: s174ZB(1))[53].

The fire protection system is to be properly installed, tested and maintained and accessible at all times to persons on the premises and to the relevant emergency services (VIC IV: s435, 1b(ii))[11].

12.2.1 Employer to provide fire extinguishers An employer is to provide regularly maintained and efficient portable fire extinguishers if there is a risk of fire at a workplace (WA II: s3.9, 1(a))[24]. These portable extinguishers are to be provided, installed and maintained in an effective condition by a competent person (TAS II: s115)[26].

© AWSC 2007 123

12.3 Employer to ensure ignition sources in hazardous areas are eliminated An employer is to ensure that ignition sources in hazardous areas are eliminated. If it is not practicable, then the risk from these ignition sources is to be controlled (NSW IV: s174U)[53].

A hazardous area for this criterion means a space or area in which the atmosphere contains or may be reasonably expected to contain any material or substance (including, but not limited to combustible dusts and fibres, flammable vapours, liquids and gasses and flammable or combustible fumes) at a concentration that is capable of being ignited (NSW IV: pg 9)[53].

An ignition source for this criterion means any source of energy capable of igniting the substances mentioned above and may include a naked flame, hot surfaces and sparks from static electricity amongst others (NSW IV: pg 10)[53].

12.4 Employer to report the incident An employer has a duty to report an incident such as an uncontrolled fire and/or explosion or an occurrence involving the imminent risk of fire and/or explosion (ACT II: s2A(c&d))[54]. Notice is to be made to the Commissioner in the respective State or Territory, is to be in writing and is to be made as soon as is practicable but within a period of 7 days following the incident (ACT II: s6(2))[54].

12.4.1 Employer to retain notice of incident If an employer is required to report an incident, the employer is to retain a copy of the notice for a period of 5 years after the notice is given (ACT II: s8(1))[54]. If notice is provided in a form other than writing and the commissioner provides the employer with a copy of information received or an acknowledgement of receipt of the notice, an employer is to retain the copy or the acknowledgement for a period of 5 years after the notice is given (ACT II: s8(2))[54].

12.5 Employer to minimise risk of flammable material An employer is to ensure that any flammable material kept or handled at the workplace is handled in such a manner that minimises the risk of fire (TAS II: s113(b))[26]. If flammable substances, combustible dust or waste materials are present an employer must monitor the workplace to ensure the removal, on a regular basis, of any materials that may be flammable (TAS II: s113(a))[26]. An employer is also to ensure the continued effectiveness of control measures with respect to potential ignition sources.

12.6 Employer to eliminate flammable atmospheres An employer has a duty to eliminate activities that have the potential to create flammable or explosive atmospheres. If elimination is not possible, minimising the potential for flammable or explosive atmospheres by providing adequate ventilation (NSW II: s62, 1(a))[12].

12.6.1 Employer to provide equipment for fire suppression within a confined space An employer is to ensure that if a need to enter a confined space has been identified and the appropriate risk assessment has occurred, fire suppression equipment is to be provided and maintained (SA II: s2.4.4(4))[18].

Table 12: Fire Safety Results

Criteria Doc *


12.1

General

II

© AWSC 2007 124

Criteria Doc *


reference to fire safety

III

IV

V NRD NRD

12.2

Employer to provide fire protection system

II [s174ZB,1(a)]

[s53(1)]a)

[s2.6.3] [s114]

III

IV [s244(1)]

[s174ZB, 1(a)]

[s56, 1(b)]

b) [s435]c)

d)

V [s6.2] NRD NRD

12.2.1

Employer to provide fire extinguishers

II [s2.6.3(2)] e)

[s115] [s3.9(1)] f)

III

IV d)

V [V:a)] NRD NRD

12.3

Employer to ensure ignition sources in hazardous areas are eliminated

II [s62,1(b)] g)

h) [s3.9(2)]i)

III

IV [s174U(1)]j)

[s36(1)] [s424] [s426(1)]

V NRD NRD

12.4

Employer to report incident

II [s6(2)] [s46(3)] [s61]

III [s39] k)

[s32(1)] l)

IV [s268(1)]

[s8,4(c)]

[s82(1)] [s445,1(a)]

V NRD NRD

12.4.1

Employer to

II [s8]

III

© AWSC 2007 125

Criteria Doc *


retain incident report

IV [s268(2)]

[s445,1,b(ii)]

V NRD NRD

12.5

Employer to minimise risk of flammable materials

II [s62, 1(d)]

[s2.7.1,2(a)] m)

[s113(a&b)]

III

IV [s36,b(i)]

V NRD NRD

12.6

Employer to eliminate flammable atmospheres

II [s62, 1(a)] [s62, 1(c)]

n) o)

III

IV

V NRD NRD

12.6.1

Employer to provide equipment for fire suppression within a confined space

II [s61A,4(d)]

[s2.4.4,4(d)]

III

IV

V NRD NRD


Variants:

a) NT: An employer is to ensure fire control equipment is regularly inspected and maintained and a record is kept of each inspection and any maintenance carried out on the equipment (NT II: s53(2))[19].

b) TAS: An emergency plan is to identify the location of all available fire fighting equipment (TAS IV: s52,1,b(i))[16].

c) VIC: If an employer’s premises stores or handles dangerous goods or substances in quantities that exceed the relevant ‘Fire Protection Quantity’ (see schedule 2, table) and intends to establish a fire protection system for the workplace the employer is to: Request written advice of emergency services authority in relation to the design of the fire protection system for the workplace and have regard for that advice (VIC IV: s436(1))[11]. See Dangerous Goods (Storage and Handling) Regulations 2000 for further duties under the 1989 regulation (VIC IV: s436(2‐4))[11].

© AWSC 2007 126

d) WA: An occupier of premises on which dangerous goods are stored shall maintain in proper order and condition all appliances required by these regulations to be provided on the premises for the control or extinction of fire and all hand fire extinguishers in accordance with AS 1851, except to the extent that any provision of that standard is inconsistent with these regulations (WA IV: s5.1(1))[44].

e) SA: Portable fire extinguishers must be provided and installed at a workplace in accordance with AS 2444 – Portable Fire Extinguishers – Selection and Location (SA II 2.6.3(2))[18].

f) WA: An employer is to ensure that portable fire extinguishers are located and distributed at the workplace in accordance with AS 2444 (WA II: s3.9, 1(b))[24].

g) NSW variant: An employer is to eliminate potential ignition sources including naked flames, hot work, electrical equipment, and sources of static electricity, including friction, welding and slipping belts (NSW II: s62, 1(b))[12].

h) VIC: Where there is the likelihood of fire or explosion in a confined space, an employer is to ensure that no source of ignition is introduced into the space, whether it is introduced from within the confined space or outside (VIC IIa: s19(1))[41]. See s 19 for further information on the levels of concentration for flammable substances within confined spaces.

i) WA: An employer is to ensure that no naked flame is introduced to, or no person smokes in any part of the workplace where there are goods or materials which in the event of a fire are likely to burn with extreme rapidity, emit poisonous fumes or cause explosions, and there is a risk of harm or injury to a person at the workplace resulting from the goods or materials being ignited (WA II: s3.9(2))[24].

j) NSW: An employer is to identify any hazardous areas that are within, or arises as a result of dangerous goods stored or handled, at the employer’s premises (NSW IV: s174U(2))[53].

k) ACT: An employer is to report actual or likely dangerous occurrences (including fire) to the relevant Authority (ACT III: s39(1))[45].

l) VIC: A licensee or prescribed person shall report to the nearest fire authority or to a police station, any fire involving dangerous goods in the ownership, possession or control of that licensee or prescribed person (VIC III: s32(1))[46].

m) SA: Warning signs that comply with AS 1319 must be displayed wherever a person could encounter materials that would burn with extraordinary speed or could cause an explosion (SA II: s2.7.1, 2(c))[18].

n) NT: An employer is to ensure that the concentration of a flammable contaminant in the atmosphere of a confined space is below 5% of its lower explosive level (NT II: s61A, 2(c))[19]. An employer is also required to provide, maintain and have in place procedures for fire suppression equipment when a person is required to enter a confined space (NT II: s61A, 4(d))[19].

o) SA: An employer is to ensure that the concentration of flammable contaminants in the atmosphere of a confined space are controlled to relevant levels. See s2.4.6 for further information (SA II: s2.4.6)[18].

© AWSC 2007 127

Appendix 13 Lighting Lighting refers to the systems of both natural and artificial illumination an employer is to provide to ensure a workplace is safe and without risks to health or safety. This may include adequate lighting of work spaces and the provision of emergency lighting.

There is no reference made to lighting within the OHS Acts for each State and Territory and are not examined in table 13. One general reference to lighting is made within the QLD OHS Act but it is not relevant to the operations of an aquatic facility.

There is no reference made to lighting within the Dangerous Goods Acts for each State and Territory and are not examined in table 13.

No reference is made to lighting within hazardous substances documents for each State and Territory and as such they will also not be examined in table 13.

There are few references made to lighting within the Public Health documents for each State and Territory and are not examined in table 13. The following Public Health documents have references to lighting:

• NSW ‐ adequate artificial and natural lighting and ventilation should be provided for dressing rooms at a public pool (NSW VI: s5.5)[29].

• Tasmania ‐ the provision of lighting relates to temporary structures and as such is not relevant to public pools (TAS VI: s31)[48].

• NT ‐ aquatic facilities whilst in use shall be provided with sufficient lighting to enable every part of the aquatic facility including the underwater area to be observed without interference from direct or reflected glare from the lighting sources. Concourses are to be illuminated in compliance with the above requirements to a distance of 3 metres from the water body. Indoor facilities shall also be provided with appropriate lighting. All areas of waterslide facilities that are available to the public are to comply with these requirements (NT VI: s3.9)[13]. Further to this, shade structures are to be positioned so as to ensure they do not obscure lighting provided by overhead towers (NT VI: s3.15)[13] and ozone plant rooms are to have clearly labelled on/off switches located directly outside the plant room for lighting (NT VI: pg30)[13].

• WA ‐ whilst in use, aquatic facilities shall be provided with sufficient lighting to enable every part of the facility, including the underwater area, to be observed, without interference from direct or reflected glare from the lighting sources. Lighting requirements do not apply within fully enclosed waterslide flume sections. The water surface of water bodies located within Group One and Group Two facilities used after sunset, shall be illuminated by overhead lighting to a minimum level of 80 lux, and to such a level that will allow a Secchi disc placed on the floor of the water body to be seen from the concourse. Refer to AS 3550.7‐1993, (Waters) Part 7: The construction and use of the Secchi disc. The water surface of water bodies located within Group Three and Group Four facilities used after sunset, shall be illuminated by overhead lighting to a minimum level of 30 lux, and to such a level that will allow a Secchi disc placed on the floor of the water body to be seen from the concourse (WA VI: pg 16)[21].

• Aquatic facility concourses shall be illuminated in compliance with the above requirements to a distance of 3 metres from the water body. Indoor facilities shall be provided with lighting systems that can achieve the above illumination levels. All areas of waterslide facilities that are available to the public shall also comply with these requirements. Lighting fixtures must be of a

© AWSC 2007 128

type and located so as they shall not cause glare to supervisory staff, or patrons using the facility. Diving pools and areas of combined facilities used for diving, must be provided with lighting installations that comply with AS 2560.2.5 – 1994: Guide to sports lighting – Specific recommendations – Swimming pools. Aquatic facilities not provided with lighting shall be provided with signage at all access points into the facility, which incorporates the statement “No Use of Facility Allowed After Dark” in letters at least 100mm high (WA VI: pg 16)[21].

• The provision of shade is recommended for all outdoor aquatic facilities and, where provided, shall comply with the requirements stipulated in Shade for the Public – Guidelines for Local Government in Western Australia, published by the Cancer Foundation of Western Australia 1999. Group Four facilities are not required to comply with this requirement. Where facilities choose to erect shade structures, they shall be carefully positioned to ensure that they do not obscure overhead lighting towers (WA VI: pg 21)[21]. Ozone plant rooms are also to have a clearly labelled on/off switch for lighting (WA VI: pg 61)[21].


13.1 General reference to lighting There is a general reference to lighting within the specified documents.

13.2 Employer to ensure adequate lighting in work areas An employer is to ensure that lighting is provided that allows employees to work and move safely within the workplace without risks to health and safety (NSW II: s46(a‐c))[12].

13.2.1 Employer to ensure there is adequate lighting for persons who are not employees An employer is to ensure that there is adequate lighting is provided for persons who are not employees to move safely within the place of work (NSW II: s46(c))[12].

13.3 Employer to ensure emergency lighting is installed and maintained An employer is to ensure that emergency lighting is installed and maintained.

13.4 Employer to ensure safe access to and egress from the workplace An employer is to ensure that lighting facilitates the safe access to and egress from the place of work, including emergency exits (NSW II: s46(d))[12].

© AWSC 2007 129

Table 13: Lighting Results


13.1

General reference to lighting

II

IV

13.2

Employer to ensure adequate lighting in work areas

II [s46(a)]a) [s57(1)]b) [schedule 8F,Division 4] c)

[s2.8.1(2)]d) [s3.13]

IV [s174ZU(b)]e)

13.2.1

Employer to ensure there is adequate lighting for persons who are not employees

II [s46(c)]

IV

13.3

Employer to ensure emergency lighting is installed and maintained

II [s135(g)]f) [s57(2)]g) [s3.3.3,3(a)] [s4.29(g)]f)

IV

13.4

Employer to ensure safe access to and egress from the workplace

II [s46(d)] [s2.8.1(2)]

IV [s236(1)]h) [s174ZU(c)]


© AWSC 2007 130

Variants:

a) NSW: Lighting at a place of work is not to create excessive glare or reflection (NSW II: s46(b))[12].

b) NT: Lighting is to be adequate for workers who are required to perform work at an area or pass through the area (NT II:s57(1))[19].

c) QLD: In reference to Queensland Development Code (QDC) performance criteria for lighting, an employer is to ensure that adequate lighting from natural and/or artificial sources must be provided to ensure healthy working conditions for the worker appropriate to the nature of the work, the location of the work and the times at which the work is being performed. Further to this, lighting is to comply with AS 1680 – Interior Lighting (QLD II: Schedule 8F, Division 4)[17].

d) SA: SA OHS Reg makes reference to AS 1680 – Code of Practice for Interior Lighting and the Visual Environment (SA II: s2.8.1(2))[18].

e) NSW: Lighting at a place of work is not to create excessive glare or reflection (NSW IV: s174ZU(a))[53].

f) NSW: Refers to an employer’s duty to ensure emergency lighting is provided for plant if access to plant is required as part of normal operations and persons may be trapped and exposed to increased risk due to heat, cold or lack of oxygen (NSW II:s135(g))[12]. Same variant as WA.

g) NT: An employer is to ensure emergency lighting is installed and maintained in accordance with AS 2293‐ Emergency evacuation lighting for buildings (NT II: s57(2))[19].

h) ACT: An employer is to ensure that sufficient and suitable lighting is provided to enable safe access within, to and from each part of the premises where a dangerous substance is handled (ACT IV: s236(1))[15]. This applies to both registrable and non‐registrable premises (ACT IV: s286(1))[15].

© AWSC 2007 131

Appendix 14 Public Address Systems Public address systems refer to a means of communicating with persons within a specified area. In aquatic facilities the type of public address system is dependant upon the size of the facility. For example, a facility with several bodies of water and separate areas/rooms may have a public address system that takes the form of an automatic system of speakers throughout the venue, whilst in smaller venues it may be a handheld megaphone.

In the OHS Acts and Regulations, Dangerous Goods Acts and Regulations, Hazardous Substances documents and Public Health Guidelines there are no references made to public address systems.


Practice Note No. 15 on Water Safety sets out the duties of NSW Local Councils with respect to water safety and is primarily concerned with public swimming pools and beaches but is also of relevance to other water bodies a council may have control over (Prac Note: s3)[5]. With respect to emergency response equipment, reference is made to public address systems within this document. As a minimum, a council is to consider providing a device to warn the public about potential danger. Examples given include a whistle and/or a loudspeaker/PA system (Prac Note: s 7)[5].

As a council may delegate these responsibilities to an aquatics facility manager it is important operators are aware of the need to provide public address systems at public pools and the role this equipment plays in ensuring adequate responses to emergencies.

Guidelines for Safe Pool Operation While not a regulatory document, the Guidelines for Safe Pool Operation (GSPO) (see Resources which support Safety in the Australian Aquatics Industry) make reference to the provision and use of public address systems at public pools in FD19 – Acoustics within Pool Halls.

A public address system is important as it forms part of an emergency action plan. The public address system should be considered during the design phase and incorporated into the building of the facility, the operator and relevant staff should:

• Be aware of how it works.

• Know how to get it fixed.

• Ensure that all patrons will be able to hear the system at all times.

• Have a backup plan if it fails.

• Have a regular maintenance program.

• Ensure staff are trained in it’s operation (GSPO: FD19 (s4.2))[4].

Reference is also made to public address systems in SU10 – Emergency signals. A public address system is an effective means of gaining attention and communicating during an emergency (GSPO: SU10(3))[4]. If an electronic system is used, an operator is to ensure that a manual backup system for use during periods of power failure is available, such as a megaphone. An operator is also to ensure that such equipment is readily available, in good working order and accessible to all on duty staff (GSPO: SU10 (s4.2 c&d))[4].

© AWSC 2007 132

Appendix 15 Codes of Practice ACT NSWAustralian Standard WorkSafe Australian National Standard AS 2865 – 1995: Safe Working in a Confined Space

Code of Practice for the Storage and Handling of Dangerous Goods

ACT First Aid in the Workplace Code of Practice Code of Practice for the Control of Workplace Hazardous Substances

National Code of Practice for the Control of Workplace Hazardous Substances [NOHSC :2007(1994)]

Code of Practice for the Labelling of Workplace Substances

National Model Regulations for the Control of Workplace Hazardous Substances [NOHSC: 1005(1994)]

Code of Practice for Work in Hot or Cold Environments

National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)]

Code of Practice for the Preparation of Material Safety Data Sheets

ACT Manual Handling Code of Practice Code of Practice for Occupational Health and Safety Consultation

National Code of Practice for the Preparation of Material Safety Data Sheets 2nd edition [NOHSC: 2011(2003)]

Code of Practice for Noise Management and Protection of Hearing at Work

National Standard for Occupational Noise [NOHSC: 1007(2000)]

National Code of Practice for the Prevention of Occupational Overuse Syndrome

National Code of Practice for Noise Management and Protection of Hearing at Work 3rd edition [NOHSC: 2009(2004)]

Code of Practice for Risk Assessment

National Standard for Plant [NOHSC:1010(1994)] Code of Practice for Workplace Amenities Guidance to Working in Hot or Cold Environments NT QLDNational Code of Practice for the Storage and Handling of Workplace Dangerous Goods [NOHSC: 2017(2001)]

First Aid Code of Practice 2004

National Code of Practice for the Control of Workplace Hazardous Substances [NOHSC: 2007(1994)]

Hazardous Substances Code of Practice 2003

National Code of Practice for the Labelling of Workplace Substances [NOHSC:2012(1994)]

Manual Tasks Code of Practice 2000

National Code of Practice for the Control of Major Hazard Facilities [NOHSC: 2016(1996)]

Noise Code of Practice 2004

National Code of Practice for Manual Handling [NOHSC: 2005(1990)]

Plant Code of Practice 2005

National Code of Practice for the Preparation of Material Safety Data Sheets 2nd edition [NOHSC: 2011(2003)]

Risk Management Code of Practice 2007

National Code of Practice for Noise Management and Protection of Hearing at Work 3rd edition [NOHSC: 2009(2004)] National Code of Practice for the Prevention of Occupational Overuse Syndrome [NOHSC: 2013(1994)] SA TASCode of Practice for Occupational Health and First Aid in the Workplace

National Code of Practice for the Labelling of Workplace Substances [NOHSC:2012(1994)]

Approved Code of Practice for the Control of Workplace Hazardous Substances

National Code of Practice for Noise Management and Protection of Hearing at Work 3rd edition [NOHSC: 2009(2004)]

Approved Code of Practice for the Labelling of Workplace Substances Approved Code of Practice for Manual Handling National Code of Practice for the Preparation of Material Safety Data Sheets [NOHSC: 2011(2003)] National Code of Practice for Noise Management and Protection of Hearing at Work 3rd edition [NOHSC: 2009(2004)]

© AWSC 2007 133

VIC WACode of Practice for Confined Spaces Code of Practice: First Aid, Workplace Amenities and

Personal Protective Equipment Code of Practice for the Storage and Handling of Dangerous Goods


Code of Practice – First Aid in the Workplace National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2007(1994)]

Guidance note for sun protection for construction and other outdoor workers


Code of Practice for Hazardous Substances National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2007(1994)]

Code of Practice for Manual Handling National Code of Practice for the Preparation of Material Safety Data Sheets [NOHSC: 2011(1994)]

National Code of Practice for the Preparation of Material Safety Data Sheets 2nd edition [NOHSC:2011(2003)]

Code of Practice: Managing Noise at Workplaces

Code of Practice – Provision of Occupational Health and Safety Information in Languages Other Than English

National Code of Practice for the Prevention of Occupational Overuse Syndrome [NOHSC: 2013(1994)]

Code of Practice – Plant Code of Practice – Occupational Safety and Health in the Western Australian Public Sector 2007

Code of Practice – Workplaces

© AWSC 2007 136

Appendix 17 Legislation Summary Table Reference Key


I OCCUPATIONAL HEALTH AND SAFETY ACT

Occupational Health and Safety Act 1989 http://www.legislation.act.gov.au/a/1989‐18/current/pdf/1989‐18.pdf

Occupational Health and Safety Act 2000 No.40 http://www.legislation.nsw.gov.au/maintop/scanact/inforce/NONE/0

Northern Territory of Australia Work Health Act 2007 http://notes.nt.gov.au/dcm/legislat/legislat.nsf/d989974724db65b1482561cf0017cbd2/741d274c3d70eefb692572c8007c8c99/$FILE/Repw012.pdf

Workplace Health and Safety Act 1995 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkplHSaA95.pdf

Occupational Health, Safety and Welfare Act 1986 http://www.legislation.sa.gov.au/LZ/C/A/OCCUPATIONAL%20HEALTH%20SAFETY%20AND%20WELFARE%20ACT%201986/CURRENT/1986.125.UN.PDF

Workplace Health and Safety Act 1995 http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=13%2B%2B1995%2BAT%40EN%2B20070822100000;histon=;prompt=;rec=;term=

Occupational Health and Safety Act 2004 http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/f932b66241ecf1b7ca256e92000e23be/750E0D9E0B2B387FCA256F71001FA7BE/$FILE/04‐107A.pdf

Occupational Health and Safety Act 1984 http://www.slp.wa.gov.au/statutes/swans.nsf/5d62daee56e9e4b348256ebd0012c422/16605ddaa82252924825670400156b4c/$FILE/Occupational%20Safety%20and%20Health%20Act%201984.PDF

II OCCUPATIONAL HEALTH AND SAFETY REG

Occupational Health and Safety Regulation 2001 http://www.legislation.act.gov.au/sl/1991‐10/current/pdf/1991‐10.pdf

Occupational Health and Safety Regulation 2001 http://www.legislation.nsw.gov.au/maintop/scanact/inforce/NONE/0

Work Health (Occupational Health and Safety) Regulations 2006 http://notes.nt.gov.au/dcm/legislat/legislat.nsf/d989974724db65b1482561cf0017cbd2/0f956904ed2c874d6925717e007f48bc/$FILE/Repw012R3.pdf

Workplace Health and Safety Regulation 1997 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkplHSaR97.pdf

Occupational Health, Safety and Welfare Regulations 1995 http://www.legislation.sa.gov.au/LZ/C/R/OCCUPATIONAL%20HEALTH%20SAFETY%20AND%20WELFARE%20REGULATIONS%201995/CURRENT/1995.12.UN.PDF

Workplace Health and Safety Regulations 1998 http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=%2B152%2B1998%2BAT%40EN%2B20070822100000;histon=;prompt=;rec=;term=

II a Occupational Health and Safety (Confined Spaces) Regulation 1996 http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/93eb987ebadd283dca256e92000e4069/17E1E3034EE4096ACA256E5B0021A273/$FILE/96‐148sr.pdf

II b Occupational Health and Safety (Manual Handling) Regulations 1999 http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/93eb987ebadd283dca256e92000e4069/3B116180389A64F

Occupational Health and Safety Regulation 1996 http://www.slp.wa.gov.au/statutes/regs.nsf/3b7e5f26432801b348256ec3002c128c/93ddde36e46d3c7f482566dd002ee900/$FILE/Occupational%20Safety%20and%20Health%20Regulations%201996.PDF

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http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkplHSaA95.pdf�




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© AWSC 2007 137

Reference Key


BCA256E5B0021A715/$FILE/99‐084sr.pdf

II c Occupational Health and Safety (Entry Permits) Regulation 2005 http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/93eb987ebadd283dca256e92000e4069/DFC163A858362B36CA25702700266529/$FILE/05‐064sr.pdf

III DANGEROUS GOODS ACT

Dangerous Substances Act 2004 http://www.legislation.act.gov.au/a/2004‐7/current/pdf/2004‐7.pdf

Occupational Health and Safety (Dangerous Goods) Act 2003 http://www.legislation.nsw.gov.au/maintop/scanact/inforce/NONE/0

Northern Territory of Australia Dangerous Goods Act 2006 http://notes.nt.gov.au/dcm/legislat/legislat.nsf/d989974724db65b1482561cf0017cbd2/f2d1dc8958c1c6e169257251000105ba/$FILE/Repd015.pdf

Dangerous Goods Safety Management Act 2001 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/D/DanGoSaManA01.pdf

Dangerous Substances Act 1979 http://www.legislation.sa.gov.au/LZ/C/A/DANGEROUS%20SUBSTANCES%20ACT%201979/CURRENT/1979.47.UN.PDF

Dangerous Goods Act 1998 http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=6%2B%2B1998%2BAT%40EN%2B20070822100000;histon=;prompt=;rec=;term=


Explosives and Dangerous Goods Acts 1961 http://www.slp.wa.gov.au/statutes/swans.nsf/5d62daee56e9e4b348256ebd0012c422/c1a9d3115b42cafa4825665000168045/$FILE/Explosives%20and%20Dangerous%20Goods%20Act%201961.PDF

IV DANGEROUS GOODS REGULATION

Dangerous Substances (General) Regulations 2004 http://www.legislation.act.gov.au/sl/2004‐56/current/pdf/2004‐56.pdf

Occupational Health and Safety Amendment (Dangerous Goods) Regulation 2005 http://www.legislation.nsw.gov.au/maintop/scanact/inforce/NONE/0

Northern Territory of Australia Dangerous Goods Regulations http://notes.nt.gov.au/dcm/legislat/legislat.nsf/d989974724db65b1482561cf0017cbd2/d51c0992ea012c2d692572a0001dab61/$FILE/Repd

Dangerous Goods Safety Management Regulations 2001 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/D/DanGoSaManR01.pdf

Dangerous Substances Regulations 2002 http://www.legislation.sa.gov.au/LZ/C/R/DANGEROUS%20SUBSTANCES%20REGULATIONS%202002/CURRENT/2002.162.UN.PDF

Dangerous Goods (General) Regulations 1998 http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=%2B163%2B1998%2BAT%40EN%2B20070822100000;histon=;prompt=;r

Dangerous Goods (Storage and Handling) Regulations 2000 http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/93eb987ebadd283dca256e92000e4069/612D4E37D92B2261CA256E5B0021A8D5

Explosives and Dangerous Goods (Dangerous Goods Handling and Storage) Regulations 1992 http://www.slp.wa.gov.au/statutes/regs.nsf/3b7e5f26432801b348256ec3002c128c/8aed100d2874d6e2482566b20

http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/93eb987ebadd283dca256e92000e4069/DFC163A858362B36CA25702700266529/$FILE/05-064sr.pdf�















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http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/D/DanGoSaManR01.pdf�




http://www.legislation.sa.gov.au/LZ/C/R/DANGEROUS SUBSTANCES REGULATIONS 2002/CURRENT/2002.162.UN.PDF�













http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/93eb987ebadd283dca256e92000e4069/612D4E37D92B2261CA256E5B0021A8D5/$FILE/00-127sr.pdf�









http://www.slp.wa.gov.au/statutes/regs.nsf/3b7e5f26432801b348256ec3002c128c/8aed100d2874d6e2482566b2000a2e65/$FILE/Explosives and Dangerous Goods (Dangerous Goods Handling and Storage) Regulations 1992.PDF�





© AWSC 2007 138

Reference Key


015R1.pdf ec=;term= /$FILE/00‐127sr.pdf 00a2e65/$FILE/Explosives%20and%20Dangerous%20Goods%20(Dangerous%20Goods%20Handling%20and%20Storage)%20Regulations%201992.PDF

V HAZARDOUS SUBSTANCES

National Code of Practice for the Control of Workplace Hazardous Substances (NOHSC:2007(1994)) http://www.ascc.gov.au/NR/rdonlyres/3D1B1ACF‐A627‐48DF‐8B19‐8D56C91052BB/0/WorkplaceHazardousSubstances_COP_NOHSC2007_1994.pdf

WorkCover NSW Control of Workplace Hazardous Substances, Code of Practice 2006 http://www.workcover.nsw.gov.au/NR/rdonlyres/910BC4E4‐47C7‐44E7‐AFD4‐6463EF9B2FD4/0/control_of_workplace_hazardous_substances_code_of_practice_0153.pdf

National Code of Practice for the Control of Workplace Hazardous Substances (NOHSC:2007(1994)) http://www.ascc.gov.au/NR/rdonlyres/3D1B1ACF‐A627‐48DF‐8B19‐8D56C91052BB/0/WorkplaceHazardousSubstances_COP_NOHSC2007_1994.pdf

Hazardous Substances Code of Practice 2003 in lieu of Hazardous Substances Advisory Standard 2003 http://www.deir.qld.gov.au/pdf/whs/hazardsubstance_code2003.pdf

a) Storage of Chemicals, Chemical Use brochure

b) Hazardous Substances Management Chemical Use Brochure

Occupational Health and Safety (Hazardous Substances) Regulations 1999 http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/93eb987ebadd283dca256e92000e4069/2D0893364C664E8BCA256E5B0021A795/$FILE/99‐143sr.pdf

VI PUBLIC HEALTH GUIDELINES

ACT Department of Health Swimming/Spa Pool Code of Practice http://www.health.act.gov.au/c/health?a=sendfile&ft=p&fid=1073888420&sid=

Department of Health NSW Public Pool Guidelines 1996

NT Draft Public Health Guidelines for Aquatic Facilities http://www.nt.gov.au/health/docs/cdc_envhealth_AFG%20Draft%20final.pdf

QLD Health Swimming and Spa Pool Guidelines 2004 http://www.health.qld.gov.au/phs/Documents/cdu/24690.pdf

SA Public and Environmental Health Regulations 1991 http://www.legislation.sa.gov.au/LZ/C/R/PUBLIC%20AND%20ENVIRONMENTAL%20HEALTH%20(GENERAL)%20REGULATIONS%202006/CURRENT/2006.215.UN.PDF

Guidelines for Health and Safety in Public Places 2000 http://www.dhhs.tas.gov.au/agency/pro/publichealthlegislation/documents/pehguide_healthsafetypublicplaces.pdf

Health (Infectious Diseases) Regulations 2001 http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/93eb987ebadd283dca256e92000e4069/40BE3961273D5CB7CA256E5B0021AA36/$FILE/01‐041sr.pdf

WA Code of Practice for Aquatic Facilities 2007 http://www.health.wa.gov.au/envirohealth/water/docs/code_of_practice_aquatic_facilities.pdf






http://www.ascc.gov.au/NR/rdonlyres/3D1B1ACF-A627-48DF-8B19-8D56C91052BB/0/WorkplaceHazardousSubstances_COP_NOHSC2007_1994.pdf�







http://www.workcover.nsw.gov.au/NR/rdonlyres/910BC4E4-47C7-44E7-AFD4-6463EF9B2FD4/0/control_of_workplace_hazardous_substances_code_of_practice_0153.pdf�















http://www.deir.qld.gov.au/pdf/whs/hazardsubstance_code2003.pdf�



http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/93eb987ebadd283dca256e92000e4069/2D0893364C664E8BCA256E5B0021A795/$FILE/99-143sr.pdf�








http://www.health.act.gov.au/c/health?a=sendfile&ft=p&fid=1073888420&sid�




http://www.nt.gov.au/health/docs/cdc_envhealth_AFG Draft final.pdf�




http://www.health.qld.gov.au/phs/Documents/cdu/24690.pdf�



http://www.legislation.sa.gov.au/LZ/C/R/PUBLIC AND ENVIRONMENTAL HEALTH (GENERAL) REGULATIONS 2006/CURRENT/2006.215.UN.PDF�








http://www.dhhs.tas.gov.au/agency/pro/publichealthlegislation/documents/pehguide_healthsafetypublicplaces.pdf�





http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/93eb987ebadd283dca256e92000e4069/40BE3961273D5CB7CA256E5B0021AA36/$FILE/01-041sr.pdf�








http://www.health.wa.gov.au/envirohealth/water/docs/code_of_practice_aquatic_facilities.pdf�



