Health and Safety at Work (General Risk and Workplace Management) Regulations 2016

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

administrative control

(a)

means a control measure that is a method of work, process, or procedure designed to minimise risk; but

(b)

does not include—

(i)

an engineering control; or

(ii)

the wearing or use of personal protective equipment

atmosphere with potential for fire or explosion means an atmosphere—

(a)

that does not have a safe oxygen level; or

(b)

in which the concentration of oxygen in the atmosphere increases the fire risk; or

(c)

in which the concentration of flammable gas, vapour, mist, or fumes exceeds 5% of the lower explosive limit for the gas, vapour, mist, or fumes; or

(d)

in which combustible dust is present in a quantity and form that creates a risk of fire or explosion

combustible dust means finely divided solid particles (including dust, fibres, or flyings) that are—

(a)

suspended in air or settle out of the atmosphere under their own weight; and

(b)

able to burn or glow in air; and

(c)

able to form an explosive mixture with air at atmospheric pressure and normal temperature

contaminant means a substance that may be harmful to health or safety

control measure, in relation to a risk to health and safety, means a measure to eliminate or minimise the risk

engineering control

(a)

means a control measure that is physical in nature; and

(b)

includes a mechanical device or process

exposure monitoring

(a)

means the measurement and evaluation of exposure to a health hazard experienced by a person; and

(b)

includes—

(i)

monitoring of the conditions at the workplace; and

(ii)

biological monitoring of people

health monitoring, in relation to an individual, means monitoring of the individual to identify any changes in his or her health status because of exposure to certain health hazards

ignition source means a source of energy capable of igniting flammable or combustible substances

limited-attendance child-care centre means any premises used regularly for the care of 3 or more children (not being children of the persons providing the care, or children enrolled at a school being provided with care before or after school) under the age of 6, none of whom attends for any period exceeding 2 hours per day, in circumstances where the children’s parents or caregivers—

(a)

are in close proximity to the children and are able to be contacted; and

(b)

are able to resume responsibility for the children at short notice

lower explosive limit, in relation to any flammable gas, vapour, mist, or fumes, means the concentration of the gas, vapour, mist, or fumes in air below which the propagation of a flame would not occur on contact with an ignition source

mixture means a combination of, or a solution composed of, 2 or more substances that do not react to each other

occupational health practitioner means an individual who—

(a)

is a medical practitioner, a nurse practitioner, or a registered nurse; and

(b)

has the knowledge, experience, and skills in occupational health to carry out a task required by regulations

prescribed exposure standard means a workplace exposure standard or a biological exposure index that has the purpose of protecting persons in a workplace from harm to health and that is prescribed in—

(a)

regulations; or

(b)

a safe work instrument; or

(c)

a control under section 77 or 77A, or an exposure limit under section 77B, of the Hazardous Substances and New Organisms Act 1996; or

(d)

a group standard approval issued under section 96B of the Hazardous Substances and New Organisms Act 1996

remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time, or the nature of the work

substance hazardous to health

(a)

means a substance, or product containing a substance, that is known or suspected to cause harm to health; and

(b)

includes—

(i)

a substance classified as having toxic or corrosive properties under the Hazardous Substances and New Organisms Act 1996:

(ii)

a substance for which a prescribed exposure standard exists:

(iii)

a substance specified in a safe work instrument as requiring health monitoring.

(2)

Terms or expressions used and not defined in these regulations but defined in the Act have, in these regulations, the same meaning as in the Act.

Regulation 3(1) prescribed exposure standard paragraph (c): replaced, on 1 December 2017, by regulation 20.1(2) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 (LI 2017/131).