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Protective structures not needed on earthmoving machinery

Responding to industry stakeholder concerns about the significant costs and practical difficulties associated with fitting protective structures to certain kinds of earthmoving machinery, the regulatory requirements will change.

Section 217 of the WHS Regulation 2011 requires earthmoving machinery that is designed to have a seated operator to be securely fitted with protective structures.

Sections 214 and 215 also apply. They relate to specific control measures for general control of risk and powered mobile plant. These include the issues of plant rollover, falling objects, and general requirements for operator protective structures.

Stakeholders at an industry roundtable meeting raised the practical difficulties and significant costs of complying with section 217, particularly where there may be little or no risk posed to operators of certain kinds of earthmoving machinery, for example pavers.

Stakeholders held the view that sections 214 and 215 were sufficient to address the requirement for control measures such as protective structures to be fitted to earthmoving machinery.

In order to provide certainty to business, Workplace Health and Safety Queensland has extended transitional provisions for section 217 so the requirement for protective structures on earthmoving machinery is not due to come into effect until 1 January 2014. However, section 217 will be removed from the WHS Regulation before this date.

Similar arrangements will apply nationally as Safe Work Australia is also intending to make technical amendments to the model WHS Regulation including the removal of section 217 relating to protective structures on earthmoving equipment.

Further information

For more information, visit www.worksafe.qld.gov.au or call the WHS Infoline on 1300 369 915.

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