Regulations 214–215: WHS Powered Mobile Plant

Regulatory citation: Model Work Health and Safety Regulations, Chapter 5, Part 5.1, Regulations 214 (Powered mobile plant, general control of risk) and 215 (Powered mobile plant, specific control measures)

What Are the WHS Powered Mobile Plant Regulations?

Regulations 214 and 215 of the model Work Health and Safety Regulations set extra controls for powered mobile plant. The Regulations define powered mobile plant as plant that is provided with some form of self-propulsion that is ordinarily under the direct control of an operator. Examples include forklifts, excavators, loaders, tractors and ride-on mowers.

The duties fall on the PCBU with management or control of powered mobile plant at a workplace. They add to the general plant duties in Part 5.1.

Why Powered Mobile Plant Matters

Operators are killed when machines roll over or when they are thrown from the seat. Pedestrians are struck by reversing machines, and loads or debris fall onto cabins. Regulations 214 and 215 target these known ways that people are hurt.

Core Obligations

1. Manage the Five Listed Risks (Regulation 214)

The PCBU with management or control of powered mobile plant at a workplace must manage risks to health and safety associated with:

• the plant overturning
• things falling on the operator of the plant
• the operator being ejected from the plant
• the plant colliding with any person or thing
• mechanical failure of pressurised elements of the plant that may release fluids that pose a risk to health and safety

Managing risks means following the risk management process in Part 3.1 of the Regulations. Risks must be eliminated so far as is reasonably practicable and, if that is not possible, minimized using the hierarchy of control measures.

2. Provide Operator Protective Devices (Regulation 215)

The PCBU must ensure, so far as is reasonably practicable, that a suitable combination of operator protective devices for the plant is provided, maintained and used. The Regulations define an operator protective device to include a roll-over protective structure (ROPS), a falling object protective structure (FOPS), an operator restraining device and a seat belt. The right combination depends on the risks, such as slopes or overhead hazards.

3. Keep Devices Maintained and Used (Regulation 215)

Providing a ROPS or seat belt is not enough on its own. The duty covers maintaining the devices and making sure they are used. A seat belt that is never worn, or a ROPS that has been cut or welded without engineering advice, does not meet the duty.

4. Control Riders on Plant (Regulation 215)

The PCBU must ensure, so far as is reasonably practicable, that no person other than the operator rides on the plant unless that person has a level of protection equivalent to the operator's.

5. Prevent Collisions With Pedestrians and Other Plant (Regulation 215)

The PCBU must ensure that the plant does not collide with pedestrians or other powered mobile plant.

6. Fit Warning Devices Where Collisions Are Possible (Regulation 215)

If there is a possibility of the plant colliding with pedestrians or other powered mobile plant, the PCBU must ensure that the plant has a warning device that will warn persons who may be at risk from the movement of the plant. Safe Work Australia's code of practice on plant lists options such as reversing alarms, flashing lights, motion sensors, proximity detection and horns.

7. Apply the General Plant Duties Too

Regulations 214 and 215 do not replace the other Part 5.1 duties. The plant must also be maintained, inspected and, if necessary, tested by a competent person, used only for its designed purpose unless a competent person has assessed otherwise, and left in a safe state when not in use. Operators of certain plant, such as forklifts, need a high risk work licence.

Common Compliance Approaches

Traffic Management Plans

Map where plant and pedestrians move. Use physical barriers, separate walkways, exclusion zones, one-way routes and set loading areas.

Pre-Start Checks

Have operators check seat belts, ROPS and FOPS mounts, mirrors, cameras, lights and alarms before each shift. Tag out plant with faulty protective devices until repaired.

Example: Powered Mobile Plant in Practice

A landscape supply yard runs two front-end loaders and a forklift, and customers walk in to collect orders. After a loader reverses close to a customer, the business reviews its risks under regulations 214 and 215. It fences a customer walkway and pick-up bay, bans pedestrians from the stockpile area, and fits both loaders with reversing cameras, flashing beacons and broadband reversing alarms. Seat belt use is added to the pre-start checklist and checked by supervisors.

Related regulations: WHS plant and structures, WHS high risk work licences, WHS falling objects.

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, and each jurisdiction's laws can differ in wording, numbering and penalties. Victoria has not adopted the model WHS laws and has its own OHS laws. Safe Work Australia's model Code of Practice on managing the risks of plant in the workplace gives further guidance on powered mobile plant. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

Does every piece of mobile plant need a ROPS?

Regulation 215 requires a suitable combination of operator protective devices so far as is reasonably practicable, rather than naming one device for every machine. Whether a ROPS is needed depends on the plant and the risk of it overturning, and other provisions and standards may apply to particular plant.

Is fitting a reversing alarm enough to prevent collisions?

Usually not. A warning device is required where a collision is possible, but the PCBU must also ensure the plant does not collide with pedestrians or other plant. Separation through barriers and exclusion zones gives more reliable protection than warnings alone.

Can a passenger ride in a vehicle such as a utility vehicle or loader?

Only if they have a level of protection equivalent to that given to the operator, for example a proper seat with a seat belt inside the protective structure.