Rural industry exemption
As of 1 September 2008, the new Workplace Health and Safety Regulation 2008 effectively removes all remaining parts of the rural industry exemption from the regulation.
View/download the Rural industry exemption fact sheet (PDF, 58KB)
Rural industry exemptions have been removed progressively since 1990 in line with an agreement between rural industry peak bodies and successive governments. While the majority of responses to the Regulatory Impact Statement (November 2007 – February 2008) supported removal of the exemption, issues regarding the timing of the exemption removal were further discussed and resolved with key rural stakeholders.
The exemptions (excluding earthmoving and particular crane occupations) are being removed over a two-year phase in period. The timeframe for removal of the exemptions is:
WHS Regulation 2008 part number (currently exempt) |
From |
Pt 17: Lead |
1 September 2008 |
Pt 4: Prescribed activities (demolition) |
1 September 2009 |
Pt 16: Hazardous substances |
1 September 2009 |
Pt 20: Construction work (excavation work) |
1 September 2009 |
Pt 2: Registrable plant and registrable plant design (elevating work platforms) |
1 September 2010 |
Pt 3: High risk work etc (licensing) |
1 September 2010 |
Pt 6: Workplace health and safety officers |
1 September 2010 |
Pt 18: Confined spaces |
1 September 2010 |
Pt 23: Relevant persons who are employers—atmospheric contaminants |
1 September 2010 |
The removal of the current exemption concerning the requirement for operators of certain plant and machinery to hold a licence is being dealt with in two phases, and will only relate to the 29 occupations which are subject to national agreements.
The nine occupations (relating to earthmoving activities and particular crane operations), which are regulated at state level, will not be subject to the exemption removal, as these will be subject to a national review within the next 12 months. The rural exemption relating to these nine occupations will be determined by the outcome of the national review.
Phase in periods will provide sufficient time for rural operators to obtain appropriate training, education, certification and licensing where required.
The Department of Employment and Industrial Relations will fund the development and dissemination of appropriate education programs and information to rural operators.
Over the next two years, the Department of Employment and Industrial Relations will work with rural industry bodies to:
- alleviate concerns regarding the application of confined space regulations to wells
- develop an appropriate rural machinery design standard (including amendments to the Rural Plant Code of Practice)
- develop a rural specific workplace health and safety officer course
- make appropriate amendments to the Rural Chemicals Code of Practice.
Last updated 21 July 2009
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