Part 5.3: WHS Plant Design and Item Registration

Regulatory citation: Model Work Health and Safety Regulations, Chapter 5, Part 5.3 (Registration of plant designs and items of plant), Regulations 243–288D and Schedule 5

What Is WHS Plant Registration?

Part 5.3 of the model WHS Regulations requires certain high-risk plant designs, and certain individual items of plant, to be registered with the WHS regulator. Schedule 5 lists the plant concerned. Part 1 of Schedule 5 covers plant designs that must be registered. Part 2 covers items of plant that must be registered.

Design registration is the designer's responsibility and happens before the plant is manufactured or supplied. Item registration is the responsibility of the person with management or control of the plant and happens before the item is used.

Why Plant Registration Matters

Registrable plant includes equipment where failure can be catastrophic, such as cranes, lifts, pressure vessels and amusement devices. Registration gives the regulator a record of this plant and requires independent checks of the design and of each item before it is used.

Core Obligations

1. Register Listed Plant Designs (r243–244)

Plant designs listed in Schedule 5, Part 1 must be registered. Examples include pressure equipment at certain hazard levels, gas cylinders, tower cranes, lifts, escalators and moving walkways, building maintenance units, hoists for people with platform movement over 2.4 metres, crane-suspended work boxes, many amusement devices, concrete placing booms, prefabricated scaffolding, boom-type elevating work platforms, vehicle hoists, mast climbing work platforms and mobile cranes with a rated capacity over 10 tonnes. An altered design that affects health and safety must also be registered.

2. Obtain a Design Verification Statement (r251–254)

An application to register a design must include a design verification statement from an eligible design verifier. The verifier confirms the design was produced in accordance with published technical standards or engineering principles. Regulation 254 sets out circumstances in which a design verification statement must not be made.

3. Register Listed Items of Plant (r246)

Items listed in Schedule 5, Part 2 must be registered by the person with management or control of the plant. These include certain boilers and pressure vessels, tower cranes, lifts, escalators and moving walkways, building maintenance units, amusement devices, concrete placing booms and mobile cranes with a rated capacity over 10 tonnes. Registrable items must not be used until registered.

4. Have the Item Inspected Before Registration (r266–267)

Before applying, the applicant needs the design registration number from the supplier and an inspection by a competent person who confirms the item is safe to operate. Regulation 267 sets out when a person is competent to inspect plant for this purpose.

5. Renew Item Registration Every 5 Years (r272, r276–279)

Safe Work Australia states that item registration is valid for 5 years. The regulator may renew it on application, and registration continues in force until a renewal application is decided.

6. Keep Registration Documents, Numbers and Records (r237, r262, r275)

Registration documents must be kept available. The item registration number must be on the plant where it can easily be seen, and the design registration number must be readily accessible near the plant. Under regulation 237, records of tests, inspections, maintenance and commissioning of registrable plant must be kept while the plant is used or until the person gives up control of it.

7. Report Changes and Respond to Amendments (r281–288D)

Registration holders must tell the regulator about changes to registration information. The model code of practice on plant says this must be done within 14 days. The regulator can amend or cancel registrations, and registration documents must be returned when required.

8. Recognise Interstate Registrations (r245, r247)

The model regulations provide for recognition of plant designs and items of plant registered by a corresponding regulator in another jurisdiction. Check how your regulator applies this before relying on an interstate registration.

Common Compliance Approaches

Plant Register With Registration Flags

Flag each item in your plant register that falls under Schedule 5, and record its design and item registration numbers and renewal date.

Supplier Checks at Purchase

Ask suppliers for the design registration number before buying registrable plant, and include it in purchase conditions.

Renewal Reminders

Set reminders well before item registration expires.

Example: Plant Registration in Practice

A shopping centre owner installs two new escalators and a passenger lift. The installer confirms that both designs are registered and provides the design registration numbers. Before the plant is put into service, the centre manager engages a competent person to inspect each item, then applies to the regulator to register each one. Once registered, the item registration numbers are fixed to the plant in a visible location, and expiry dates go into the maintenance system.

Related regulations: WHS plant and structures, WHS high risk work licences, HSE LOLER lifting equipment rules.

Note: This summary is based on the model WHS laws published by Safe Work Australia. The model laws only have legal effect once a jurisdiction adopts them. Most states and territories have adopted them with some variations, which can include different wording or regulation numbers, while Victoria has not adopted the model WHS laws and has its own OHS laws. Amendments to the model laws apply only once a jurisdiction adopts them. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

Who registers a plant design?

The designer applies to register it, after engaging an eligible design verifier. Manufacturers should only make plant from a registered design, and suppliers should only supply registrable plant if the design and relevant items are registered.

How long does item registration last?

Safe Work Australia states that item registration lasts 5 years and must be renewed with the regulator before it expires.

Do I need to register a forklift or scissor lift?

Not as a rule. Schedule 5 lists specific plant, and Safe Work Australia's model code of practice on plant lists scissor lifts as excluded from design registration. Check Schedule 5 in your jurisdiction's regulations for the current list.