Part 5.1: WHS Plant and Structures

Regulatory citation: Model Work Health and Safety Regulations, Part 5.1 (Regulations 185–226), with registration requirements in Parts 5.2 and 5.3

What Are the WHS Plant and Structures Regulations?

Part 5.1 of the model Work Health and Safety Regulations sets duties for plant and structures across their life cycle. Plant includes machinery, equipment, appliances, containers, implements and tools. The duties apply to PCBUs across the supply chain and to PCBUs with management or control of plant at a workplace.

Why These Regulations Matter

Plant is a major cause of serious injury and death at work, through entanglement, crushing, amputation and being hit by mobile plant.

Core Obligations

1. Supply Chain Duties (Regulations 187–202)

Designers, manufacturers, importers and suppliers must eliminate or minimize risks so far as reasonably practicable, and obtain and pass on information about the plant's purpose, testing and safe use. Suppliers of second-hand plant must identify and tell the buyer about any faults.

2. Manage Plant Risks (Regulation 203)

A PCBU with management or control of plant must manage the risks to health and safety associated with the plant.

3. Proper Use and No Unauthorized Changes (Regulations 205–206)

The PCBU must take reasonable steps to prevent unauthorized alteration of or interference with plant, and ensure plant is used only for the purpose it was designed for, unless a competent person has determined that another use does not increase the risk.

4. Guarding (Regulation 208)

Where guarding is used, the preferred order is a permanently fixed physical barrier, or an interlocked barrier if access is needed during operation, maintenance or cleaning, then a barrier that can only be removed with tools, and then a presence-sensing safeguarding system. Guarding must make bypassing or disabling it as difficult as reasonably practicable.

5. Maintenance and Inspection (Regulation 213)

Plant must be maintained, inspected and, if necessary, tested by a competent person, following the manufacturer's recommendations or, if there are none, a competent person's recommendations.

6. Additional Controls for Certain Plant (Regulations 214–226)

Extra requirements apply to powered mobile plant, lifting plant, industrial lift trucks, industrial robots, lasers, pressure equipment and scaffolds. For example, powered mobile plant needs suitable operator protective devices and controls to prevent collisions with pedestrians.

7. Registration and Licensing

Parts 5.2 and 5.3 add duties for plant listed in Schedule 5, including registration of certain plant designs and items of plant. Items requiring registration include tower cranes, mobile cranes with a rated capacity over 10 tonnes, lifts, amusement devices and certain boilers and pressure vessels. A PCBU must not direct or allow a worker to use registrable plant that isn't registered. Operating certain plant, such as forklifts and many cranes, also requires a high risk work licence.

Common Compliance Approaches

Plant Register

Keep a register of plant with registration details, inspection dates and maintenance records.

Pre-Start Checks

Have operators check plant before use and tag out faults until repaired.

Example: Plant Duties in Practice

A precast concrete yard buys a second-hand gantry crane and hires a registered mobile crane. It obtains the supplier's fault information, has a competent person inspect the gantry, and checks that operators hold the right high risk work licences. Guards on the batching plant are interlocked.

Related regulations: HSE PUWER, WHS hierarchy of controls, OSHA Cranes and Derricks.

Note: This summary is based on the model WHS laws published by Safe Work Australia. The model laws only take effect when a state or territory adopts them through its own legislation. All jurisdictions except Victoria have done so, with Western Australia adopting them from 31 March 2022, and some include local variations. Victoria has its own OHS laws. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

What counts as plant under WHS laws?

Plant includes any machinery, equipment, appliance, container, implement or tool, and any component or anything fitted or connected to them.

Who must register plant?

Certain plant designs and items of plant listed in Schedule 5 of the model WHS Regulations must be registered with the regulator. Workers must not be directed or allowed to use registrable plant that isn't registered.

Does modifying plant change my duties?

It can. A person who modifies plant may take on designer and manufacturer duties for that plant.