Frequently asked questions - Registration of plant design and item of plant

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This page contains frequently asked questions on the registration of plant design and item of plant.

The Work Health and Safety Act 2020 (the WHS Act) provides a framework to protect the health, safety and welfare or workers in WA workplaces, and of other people who might be affected by the work.

The accompanying Work Health and Safety (General) Regulations 2022 (the WHS Regulations) came into effect on 31 March 2022. 

The WHS Regulations replaces the Occupational and Safety Regulations 1996 (OSH Regulations). The implementation of the WHS Regulations will result in several changes to administrative procedures for registration of items of plant and plant design.

Do I need to register my plant design or plant item under WHS regulations if my plant is already registered under the Occupational Safety and Health Regulations 1996?

If your item of plant or plant design is already registered with WorkSafe WA under the Occupational Safety and Health Regulations 1996 the registration will continue under the WHS regulations.

Do I still need to re-register my plant with WorkSafe if something changes?

Under the WHS Regulations, re-registration of an item of plant will no longer be required.

However, it will be a requirement to notify the WorkSafe Commissioner of any change to important information about a registered item of plant on a Changes to information Form 202.

When do I need to complete a Changes to Information Form 202?

The WHS Regulations will require a registration holder to notify the WorkSafe Commissioner within 14 days after the registration holder becomes aware of:

  • A change to the registration holder’s name.
  • A change to the business name of the registration holder.
  • The registration holder no longer having management or control of an item of plant. This includes sale/transfer of ownership of an item or disposal/withdrawal of an item of plant;
  • Relocation of fixed plant; or
  • Alteration to plant that requires new control measures.

In the WHS Regulations a design is altered if the altered design may affect health or safety.

To advise of changes, you must complete a Changes to information Form 202

There is no fee charged to lodge a Changes to information Form 202

What are the fees for registration of plant design and items of plant under WHS?

The fees for registration of plant designs and items of plant under WHS regulations are:

Regulation Fee type Cost
r. 250(4) Application for registration (design of item of plant) $608
r. 266(3) Application for registration (item of plant) $628
r. 288(4)(b) Application for replacement registration document $95
r. 250(4) Mines Application for registration (design of item of plant) $527
r. 266(3) Mines Application for registration (item of plant) $58
r. 288(4)(b) Mines Application for replacement registration document $95

 

There is no fee charged to lodge the ‘Changes to Information Form 202

Why have the fees gone up?

With the change to the Work Health and Safety Legislation the WA Government has directed the Department of Mines, Industry Regulation and Safety to move to 100% recovery of the costs of the WHS Laws.

The cost of administering the authorisations was then calculated and apportioned over the average number of applications received each year to come to an appropriate fee level.

In circumstance where the fees gathered were more than 100% cost recovery the fees have been reduced.

Who can apply to register an item of plant?

A person with management or control of an item of plant may apply to the regulator for the registration.

How do I register an item of plant?

To register an item or plant you will need to complete Registration of an Item of Plant Form 201.

You will need to include:

  • Your name
  • Whether you are applying as an individual or body corporate/business;
  • If you operate under a business name then the name of that business and a certificate or other evidence of business name registration.
  • Evidence of your identity.
  • Sufficient details to clearly identify the plant item you are registering
  • If the design is required to be registered you need to also include
    • The plant design registration number.
    • Regulator or corresponding regulator that has registered the design.
  • a statement that the item of plant has been inspected by a competent person as being safe to operate.
  • The first date that the item of plant was either commissioned or registered, if known.
  • A declaration that the applicant does not hold an equivalent registration under WHS law.
  • The application fee.

When is a person competent to inspect the plant?

A person can be a competent person for registration of plant under the WHS Regulations if they have:

  • Educational or vocational qualifications in an engineering discipline that is relevant to the plant being inspected; or
  • Knowledge of the technical standards relevant to the plant to be inspected.

What do we need to decide on a registration of plant application?

In order to grant registration of an item of plant we need to know that;

  • The application has been made in accordance with Part 5.3 Division 4 of the WHS Regulations.
  • The item of plant is not registered under a corresponding WHS law;
  • The item of plant is
    • Located in Western Australia; or
    • Located outside of Western Australia and circumstances exist that justify the grant of the registration.
  • If the applicant is an individual they;
    • Reside in Western Australia;
    • Or if they reside outside of Western Australia then circumstances exist that justify the grant of the registration.
  • If the applicant is a body corporate they;
    • Are located in Western Australia;
    • Or if they are located outside of Western Australia then circumstances exist that justify the grant of the registration.

What sort of plant requires individual registration?

Schedule 5 Division 2 of the Work Health and Safety (General) Regulations 2022 specifies the kinds of plant requiring individual registration.

Items of plant requiring individual registration listed in Schedule 5 of WHS regulations

  1. Boilers categorised as hazard level A, B or C according to criteria in Section 2.1 of AS 4343:2014 (Pressure equipment — Hazard levels).
  2. Pressure vessels categorised as hazard level A, B or C according to the criteria in Section 2.1 of AS 4343:2014 (Pressure equipment — Hazard levels), except —
    1. gas cylinders; and
    2. LP Gas fuel vessels for automotive use; and
    3. Serially produced vessels.
  3.  Tower cranes including self-erecting tower cranes.
  4. Lifts and escalators and moving walkways.
  5. Building maintenance units.
  6. Amusement devices classified by Section 2.1 of AS 3533.1:2009 (Amusement rides and devices — Design and construction), except devices specified in clause 4(2).
  7. Concrete placing booms.
  8. Mobile cranes with a rated capacity of greater than 10 tonnes.

The following are items of plant that are exceptions to individual registration as listed in Schedule 5

  1. The items of plant listed in clause 3 do not include —
    1. Any pressure equipment (other than a gas cylinder) excluded from the scope of AS/NZS 1200:2015 (Pressure equipment); or
    2. A crane or hoist that is manually powered; or
    3. A reach stacker.
  2. The following devices are excluded from clause 3(6) —
    1. Class 1 devices;
    2. Playground devices;
    3. Water slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure;
    4.  Wave generators where patrons do not come into contact with the parts of machinery used for generating water waves;
    5. Inflatable devices, other than inflatable devices (continuously blown) with a platform height of 3 metres or more.

Plant registration number and registration document

The registration of the plant is effective from the day it is granted.  You will be given a registration number within 14 days; this must be marked on the item of plant. 

There are penalties if you do not provide the plant registration number to the person with management or control of the plant at the workplace. 

There are also penalties if that person with management or control of the plant does not mark the item with the registration number.

You will also be issued with a registration document which you must have available for inspection.

How long will it take for the regulator to review a registration?

Under the WHS regulations a decision will be made within 120 days of receiving the application or additional information requested related to the application. 

If we decide to grant the application, we will notify you within 14 days after making the decision.

When will the regulator refuse a registration?

We will refuse to grant a registration if we believe the application:

  • Contains information that is false or misleading in a material particular; or
  • You have failed to give any information that should have been given.

You will be provided with written notice advising you of the reason for any refusal and will be given the opportunity to make a submission to the regulator.

What is the difference between design registration and individual item of plant registration?

Design registration applies to a concept; any number of individual items can be manufactured to the same design. Individual registration applies to a specific item; each item of the specified type requires registration.

What sort of plant requires design registration?

Schedule 5 of the WHS regulations specifies the kinds of plant requiring registration of the design.

Do I need to register a design with WorkSafe WA if the plant design is already registered by another WHS regulator?

The design of an item of plant does not need to be registered with WorkSafe WA if the design has already been registered under a corresponding WHS law.

Items of plant requiring registration of design listed in Schedule 5 of WHS regulations

  • Pressure equipment, other than pressure piping, and categorised as hazard level A, B, C or D according to the criteria in Section 2.1 of AS 4343:2014 (Pressure equipment — Hazard levels).
  • Gas cylinders covered by Section 1 of AS 2030.1:2009 (Gas cylinders — General requirements).
  • Tower cranes including self-erecting tower cranes.
  • Lifts and escalators and moving walkways.
  • Building maintenance units.
  • Hoists with a platform movement exceeding 2.4 metres, designed to lift people.
  • Work boxes designed to be suspended from cranes.
  • Amusement devices classified by Section 2.1 of AS 3533.1:2009 (Amusement rides and devices — Design and construction), except devices specified in clause 2(2).
  • Passenger ropeways.
  • Concrete placing booms.
  • Prefabricated scaffolding.
  • Boom-type elevating work platforms.
  • Gantry cranes with a safe working load greater than 5 tonnes or bridge cranes with a safe working load of greater than 10 tonnes, and any gantry crane or bridge crane which is designed to handle molten metal or dangerous goods.
  • Vehicle hoists.
  • Mast climbing work platforms
  • Mobile cranes with a rated capacity of greater than 10 tonnes.

The following are items of plant that do not require design registration as listed in Schedule 5

  1. The items of plant listed
    1. A heritage boiler; or any pressure equipment (other than a gas cylinder) excluded from the scope of AS/NZS 1200:2015 (Pressure equipment); or
    2. A crane or hoist that is manually powered; or
    3. A reach stacker; or
    4. An elevating work platform that is a scissor lift or a vertically moving platform; or
    5. A tow truck.
  2. The following devices are excluded from clause 1(8) —
    1. Class 1 devices;
    2. Playground devices;
    3. Water slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure;
    4. Wave generators where patrons do not come into contact with the parts of machinery used for generating water waves;
    5. Inflatable devices, other than inflatable devices (continuously blown) with a platform height of 3 metres or more.

Who can apply to register a plant design?

If you conduct a business that designs an item of plant or you manage or control an item of plant you may apply to the regulator for the registration.

How do I register my plant design?

To register plant design you will need to complete and submit a Registration of Plant Design or Alteration to Plant Design Form 200.

You need to include:

  • Your name.
  • Whether you are applying as an individual or body corporate/business.
  • If you operate under a business name, then the name of that business and a certificate or other evidence of business name registration.
  • Evidence of your identity.
  • A statement signed by the designer of the item of plant –
    • Stating that the designer has complied with the designer’s obligations under section 22 of the Act in relation to the design; and
    • Specifying the published technical standards and engineering principles used in the design.
  • A design verification statement that meets the requirements of regulation 251.
  • Representational drawings of the design.
  • A declaration that the applicant does not hold an equivalent registration under a corresponding WHS law.
  • The applicable fee.

What is a design verification statement?

If you are registering a plant design, you need to include a design verification statement.  This must be written and signed by a person who is eligible to be a design verifier and it should state that:

  • The design was produced in accordance with published technical standards or engineering principles; and
  • Include –
    • The name, business address and qualifications of the design verifier; and
    • If applicable the name and business address of the organisation where the design verifier works.

The WHS Regulations require the design verifier to be a competent person.

Who is a person competent to inspect the plant?

A person can be a competent person for registration of plant under the WHS Regulations if they have:

  • educational or vocational qualifications in an engineering discipline that is relevant to the plant being inspected; or
  • knowledge of the technical standards relevant to the plant to be inspected;

What do we need to decide on a registration of plant design?

To grant registration of plant design we need to be satisfied that:

  • The application has been made in accordance with Part 5.3 Division 3 of the WHS Regulations.
  • The design is not registered under a corresponding WHS law.
  • If the applicant is an individual, they:
    • Reside in Western Australia.
    • Or if they reside outside of Western Australia then circumstances exist that justify the grant of the registration
  • If the applicant is a body corporate they;
    • are in Western Australia.
    • or if they are located outside of Western Australia then circumstances exist that justify the grant of the registration.
  • The applicant can ensure compliance with any conditions that will apply to the registration

Plant design registration number

The registration of plant design begins when the registration is granted and is for an unlimited duration.

You will be given a registration number for the design; this registration number must be supplied to the manufacturer, importer or supplier of the plant.  There are penalties if you do not provide them with plant registration number.

The manufacturer, importer or supplier of the plant must then provide the plant design registration number to the person with management or control of the plant at the workplace.  There are penalties if they do not provide them with plant registration number.

The person with management or control of the plant at the workplace where the plant design is registered must ensure that the design registration number is always readily accessible in the vicinity of the plant.  There are also penalties if that person with management or control of the plant does not have the design registration number readily available.

Plant design registration document

When we register the plant design, we will issue you a registration document.  You must keep this document available for inspection.

Forms

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