DRAFT AMUSEMENT DEVICES

Transcription

1 AMUSEMENT DEVICES Code of Practice

2 TABLE OF CONTENTS FOREWORD... 4 SCOPE AND APPLICATION INTRODUCTION What is an amusement device? Who has health and safety duties relating to an amusement device? What is involved in managing risks associated with an amusement device? THE RISK MANAGEMENT PROCESS Identifying the hazards Assessing the risks Controlling the risks Maintaining and reviewing control measures BEFORE USING AN AMUSEMENT DEVICE Buying an amusement device Hiring an amusement device Registering plant - amusement devices Information, training, instruction and supervision Installing an amusement device Commissioning an amusement device Emergency plan INSPECTING AND OPERATING AN AMUSEMENT DEVICE Inspections Operating an amusement device Public safety Access - entry and exit Patron restraint and containment Working near electricity and electric lines Patron responsibility Other control measures MAINTAINING, REPAIRING, DISMANTLING AND STORING Maintenance, repair and cleaning Decommissioning and dismantling an amusement device Record keeping Storing an amusement device Modifying an amusement device CONTROLLING RISKS: SPECIFIC AMUSEMENT DEVICES Mobile amusement devices PAGE 2 OF 44

3 6.2 Land-borne Inflatable amusement devices Waterborne inflatable devices Roller coasters Concession go-karts APPENDIX A DEFINITIONS APPENDIX B SAMPLE ANNUAL INSPECTION RECORD APPENDIX C AMUSEMENT DEVICES CHECKLIST APPENDIX D CHECKLIST FOR OPERATORS APPENDIX E OTHER RELEVANT INFORMATION PAGE 3 OF 44

4 FOREWORD This Code of Practice on managing risks associated with the operation of amusement devices is an approved code of practice under section 274 the Work Health and Safety Act (WHS Act). An approved code of practice is a practical guide to achieving the standards of health, safety and welfare required under the WHS Act and the Work Health and Safety Regulations (the WHS Regulations). A code of practice applies to anyone who has a duty of care in the circumstances described in the code. In most cases, following an approved code of practice would achieve compliance with the health and safety duties in the WHS Act, in relation to the subject matter of the code. Like regulations, codes of practice deal with particular issues and do not cover all hazards or risks which may arise. The health and safety duties require duty holders to consider all risks associated with work, not only those for which regulations and codes of practice exist. Codes of practice are admissible in court proceedings under the WHS Act and Regulations. Courts may regard a code of practice as evidence of what is known about a hazard, risk or control and may rely on the code in determining what is reasonably practicable in the circumstances to which the code of practice relates. Compliance with the WHS Act and Regulations may be achieved by following another method, such as a technical or an industry standard, if it provides an equivalent or higher standard of work health and safety than the code. An inspector may refer to an approved code of practice when issuing an improvement or prohibition notice. This Code of Practice has been developed by Safe Work Australia as a model code of practice under the Council of Australian Governments Inter-Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety for adoption by the Commonwealth, state and territory governments. A draft of this Code of Practice was released for public consultation on 8 June 2012 and was endorsed by the Select Council on Workplace Relations on [to be completed]. SCOPE AND APPLICATION This Code provides practical guidance for persons conducting a business or undertaking who have management or control of an amusement device on how to identify hazards, assess and control of risks associated with an amusement device. This Code applies to amusement devices as defined in the WHS Regulations that are used in the workplace or in a public place. This Code should be read in conjunction with the Code of Practice: Managing Risks of Plant in the Workplace and the Code of Practice: Safe Design, Manufacture, Import and Supply of Plant. How to use this code of practice In providing guidance, the word should is used in this Code to indicate a recommended course of action, while may is used to indicate an optional course of action. This Code also includes various references to provisions of the WHS Act and Regulations which set out the legal requirements. These references are not exhaustive. The words must, requires or mandatory indicate a legal requirement exists and must be complied with PAGE 4 OF 44

5 1. INTRODUCTION 1.1 What is an amusement device? Amusement device means plant operated for hire or reward that provides entertainment, sightseeing or amusement through movement of the equipment, or part of the equipment, or when passengers travel on, around or along the equipment. Amusement devices do not include: a miniature train and railway system owned and operated by a model railway society, club or association a ride or device that is used as a form of transport and that is regulated under another Act or an Act of the Commonwealth a ride or device used as a form of transport and that is regulated under another Act or an Act of the Commonwealth for that purpose a boat or flotation device that is solely propelled by a person who is in or on the boat or device that is not attached to mechanical elements or equipment outside the boat or device, and that does not rely on artificial flow of water to move plant specifically designed for a sporting, professional stunt, theatrical, or acrobatic purpose or activity a coin-operated or token-operated device that: o is intended to be ridden, at one time, by not more than 4 children who must be below the age of 10 years o usually located in a shopping centre or similar public location o does not necessarily have an operator. The designs and items of some types of amusement devices must be registered with the regulator, see section 3.3. of this code. The definitions of other key terms used in this Code are listed in Appendix A. 1.2 Who has health and safety duties relating to an amusement device? A person conducting a business or undertaking has the primary duty to ensure, so far as is reasonably practicable, workers and other people are not exposed to health and safety risks arising from the business or undertaking. This duty requires the person to manage risks by eliminating health and safety risks so far as is reasonably practicable, and if it is not reasonably practicable to eliminate the risks, by minimising those risks so far as is reasonably practicable. It also includes ensuring, so far as is reasonably practicable the: provision and maintenance of safe plant, including amusement devices safe use, handling, storage and transport of amusement devices. A person conducting a business or undertaking with management or control of an amusement device has some specific obligations in relation to amusement devices. If you own an amusement device you will be the person with management or control of the device. If you hire or lease an amusement device you may have management or control of that amusement device and will jointly have responsibility for health and safety with the person you have hired or leased it from. Designers, manufacturers, suppliers, importers and installers of amusement devices must ensure, so far as is reasonably practicable, the plant is without risks to health and safety. This duty includes carrying out testing and analysis as well as providing specific information about the plant or structure. Designers, manufacturers, importers and suppliers have duties to provide information about the plant to enable other duty holders to fulfil the responsibilities they have in managing the risks PAGE 5 OF 44

6 associated with it. Information must be passed on from the designer through to the manufacturer and supplier to the end user. Designers and manufacturers of amusement devices should refer to relevant technical standards. Importers and suppliers should check devices against relevant standards before supplying amusement devices to end users. Further guidance is available in the Code of Practice: Safe design, Manufacture, Import and Supply of Plant. Officers, such as company directors, have a duty to exercise due diligence to ensure the business or undertaking complies with the WHS Act and Regulations. This includes taking reasonable steps to ensure the business or undertaking has and uses appropriate resources and processes to eliminate or minimise risks that arise from using an amusement device. Workers have a duty to take reasonable care for their own health and safety and to not adversely affect other people s health and safety. Workers must co-operate with reasonable policies or procedures relating to health and safety at the workplace and comply, so far as they are reasonably able, with reasonable instructions. Other persons at the workplace, like visitors, must take reasonable care for their own health and safety and must take reasonable care not to adversely affect other people s health and safety. They must comply, so far as they are reasonably able, with reasonable instructions given by the person conducting the business or undertaking to allow that person to comply with the WHS Act. 1.3 What is involved in managing risks associated with an amusement device? R.203: A person with management or control of plant at a workplace must manage risks to health and safety associated with the plant. R.32-38: To manage risk, a person conducting a business or undertaking must: identify reasonably foreseeable hazards that could give rise to risks to health and safety eliminate risks to health and safety so far as is reasonably practicable if it is not reasonably practicable to eliminate risks to health and safety minimise those risks so far as is reasonably practicable by implementing risk control measures according to the hierarchy of control in regulation 36 ensure the control measure is, and is maintained so that it remains, effective, and review and as necessary revise control measures implemented to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety. This Code provides guidance on how to manage the risks associated with amusement devices following a systematic process which involves: identifying hazards finding out what could cause harm assessing risks if necessary understand the nature of the harm that could be caused by the hazard, how serious the harm could be and the likelihood of it happening controlling risks implementing the most effective control measure that is reasonably practicable in the circumstances reviewing control measures to ensure they are working as planned Guidance on managing the risks of plant is available in the Code of Practice: Managing Risks of Plant in the Workplace. PAGE 6 OF 44

7 Consulting your workers S.47: The person conducting a business or undertaking must, so far as is reasonably practicable, consult with workers who carry out work for the business or undertaking who are, or are likely to be, directly affected by a matter relating to work health or safety. S.48: If the workers are represented by a health and safety representative, the consultation must involve that representative. It is important to consult your workers as early as possible when planning to introduce new equipment or make changes that may affect their health and safety. Consultation involves sharing information, giving workers a reasonable opportunity to express views and taking those views into account before making decisions on health and safety matters. Consultation with workers and their health and safety representatives is required at each step of the risk management process. By drawing on the experience, knowledge and ideas of your workers you are more likely to identify all hazards and develop effective risk controls measures. Consulting, co-operating and co-ordinating activities with other duty holders S.46: If more than one person has a duty in relation to the same matter under this Act, each person with the duty must, so far as is reasonably practicable, consult, co-operate and coordinate activities with all other persons who have a duty in relation to the same matter. Often other duty holders, for example people who install or repair the device or who share the workplace where it is set up, have a role in ensuring the safety of an amusement device. It is important that these duty holders consult each other about the risks associated with the use of the amusement device and work together in a co-operative and co-ordinated way to control the risks. For example, amusement device owners and operators at festivals, fetes, agricultural shows or other events should consult with the event organisers about local factors, such as land stability and underground or overhead services, which may affect the safety of amusement devices and consult with the device owners on ways to ensure the safety of devices and patrons. Further guidance on consultation requirements is available in the Code of Practice: Work Health and Safety Consultation, Co-operation and Co-ordination. PAGE 7 OF 44

8 2. THE RISK MANAGEMENT PROCESS A range of things can go wrong with amusement devices if they are not designed, manufactured, maintained and operated correctly, for example when: a roller coaster car detaches from the rails an inflatable jumping castle untethers by wind patrons who are not properly restrained are thrown from amusement devices amusement devices break down, stranding patrons in uncomfortable or dangerous situations. A risk management process that identifies the hazards and controls the risks will help ensure the amusement device is safe to use. 2.1 Identifying the hazards Identifying hazards in the workplace involves finding things and situations that could potentially cause harm to people. Hazards could come from amusement device: Design and characteristics for example an inflatable jumping castle s inherent stability, load carrying capacity, platform height, air supply security and number of anchor points. Assembly or dismantling for example the need to work at height or in awkward postures. Set up location for example whether the soft fall area is adequate, local weather and ground conditions, or location of overhead power lines and other structures including other amusement devices. Operation for example whether barriers are able to prevent unauthorised access and the skill and experience of the operator. Use for example the behaviour of patrons and the influence of their size and weight for jumping castles, patrons should be of a similar size and weight. Design, equipment or machine failure, work processes and misuse can each create hazards, including: Entrapment for example, where people can access moving parts they could become trapped between the moving parts and other parts of the device. Entanglement - for example, long hair not restrained or loose clothing. Electrical for example, from overhead or underground electrical services. Impact many devices have large moving objects for example, roller coasters which can hit people if access is not prevented. Patrons can be hit by items dropped onto people below from devices which lift patrons into the air. Slips, trips and falls for example, on walkways and stairs, or from inadequate restraints on amusement devices. Noise excessive noise levels can interfere with effective communication between device operators and attendants or lead to temporary and permanent hearing loss if noise from device motors or music is too high. Exposure for example to ultraviolet rays, vibration, or hazardous chemicals. When identifying hazards you should consider the life cycle of the amusement device, including transporting, installing, commissioning, operating, inspecting and testing, maintaining, repairing, decommissioning, dismantling and storing the device. How to identify hazards Information can be gathered from a range of sources to help identify hazards, including: operator manuals and other manufacturer instructions and information for the amusement device PAGE 8 OF 44

9 discussions with designers, manufacturers, suppliers, importers, maintenance technicians, engineers and operators of similar devices a visual inspection of the amusement device and the operating environment in which it will be: o transported o installed, erected and commissioned o used, including inspection, maintenance and repair o decommissioned and dismantled o stored ergonomic and safety requirements of people who use the amusement device safe entry and exit needs of people who install, erect, use, repair, maintain, clean or dismantle the amusement device talking to workers about how work is carried out information from inspections, tests, maintenance and use, e.g. log books and health and safety records. If you have hired or leased the device you should consult the person who owns it about potential hazards, because you both have responsibility for ensuring it is safe and without risk to health and safety. 2.2 Assessing the risks A risk assessment involves considering what could happen if someone was exposed to a hazard and the likelihood of this happening. Many hazards and their associated risks are well known and have well established and accepted control measures. In these situations, this second step to formally assess the risk is unnecessary. If, after identifying a hazard, you already know the risk and how to control it effectively, you may simply implement the controls. Factors which may impact on the risk for the hazards you have identified, include the: location of the amusement device condition e.g. it age, maintenance history and frequency of use suitability and stability of the amusement device and supports, e.g. the potential for inadvertent movement during operation unauthorised operation of the amusement device entry and exits for patrons and workers the suitability and effectiveness of patron restraints. 2.3 Controlling the risks Some control measures are more effective than others. Control measures can be ranked from the highest level of protection and reliability to the lowest. This ranking is known as the hierarchy of control. Eliminating the risk This means removing the hazard or hazardous work practice from the workplace. This is the most effective control measure and must always be considered before anything else. For example, a worker carrying out maintenance work on an amusement device on the ground eliminates the risk of the worker falling from height. If elimination of the risk is not reasonably practicable, you must consider using substitution, isolation or engineering controls, or a combination of these control measures, to minimise the risk. PAGE 9 OF 44

10 Minimising the risk Substitution Minimise the risk by substituting or replacing a hazard or hazardous work practice with a safer one. For example, ensure patrons are in closed cages rather than open carriages from which they might fall. Isolation Minimise the risk by isolating or separating the hazard or hazardous work practice from people, either by distance or physical barrier. For example, provide a secure physical barrier around the amusement device to prevent unauthorised entry to the area where the amusement device is operating. Engineering controls Engineering controls are physical control measures to minimise risk, for example: installing guards to prevent contact with the amusement device s moving parts designing and installing padding or restraints inside devices where patrons could be thrown against the sides installing automatic barriers which operate when the device is being unloaded or loaded to control patron entry and exit. If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by using: Administrative controls Administrative controls should only be considered when other higher order control measures are not reasonably practicable, or to increase protection from the hazard. These are work methods or procedures that are designed to minimise the exposure to a hazard, for example: implementing a lock-out procedures so the amusement device is positively isolated from its power source while maintenance or cleaning work is done using warning signs for patrons about safe use of the device and size or height restrictions rotating operators to reduce fatigue and maintain concentration. Any remaining risk must be minimised, as far as is reasonably practicable, by providing and ensuring the use of: Personal protective equipment Personal protective equipment (PPE) is the lowest order control measure in the hierarchy of controls. PPE should only be considered when other higher order control measures are not reasonably practicable or to increase protection from the hazard. Examples of PPE include: ear plugs or ear muffs if noise levels are above the exposure standard after other control measures such as isolation have been implemented long sleeved shirts and trousers, wide brimmed hat, sunglasses and sun screen to protect workers against sun exposure helmets for patrons e.g. when riding go-karts. Administrative control measures and PPE rely on human behaviour and supervision and used on their own tend to be least effective way of minimising risks. Combining control measures In most cases a combination of control measures will provide the best solution to minimise the risk to the lowest level reasonably practicable. For example, to control risks associated with a ghost train, control measures might include: locating hazardous special effects behind a see-through barrier (isolation) PAGE 10 OF 44

11 installing patron restraints to prevent people from moving about the carriage or being thrown from it (engineering) providing safe ride signs and instructions to patrons (administrative). 2.4 Maintaining and reviewing control measures R.37: A person conducting a business or undertaking must ensure control measures are maintained so that they remain effective, including by ensuring that the control measures are and remain: fit for purpose suitable for the nature and duration of the work, and installed, set up and used correctly. R.38: A duty holder must review and as necessary revise control measures implemented to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety. Control measures must be reviewed and if necessary revised to make sure they work as planned and no new hazards have been introduced, including then there is a change at the workplace. You should consult your workers to get feedback on the amusement device and work processes. Discuss the following: Have hazards associated with the amusement device been identified? Are control measures, for example guards, barriers, patron restraints, working effectively in both their design and operation? Are safety procedures being followed? Are signs available to help patrons be aware of the conditions of use? Do workers know of, understand and follow the control measures? Has an incident or a dangerous incident occurred in relation to the amusement device? If it has, what can be learned from it? Are legislative requirements such as daily checks and operation without passengers being carried out and recorded in log books? If new legislation or new information becomes available, does it indicate current controls may no longer be the most effective? When deciding how often to carry out a review you should consider the level of risk and the type of device involved. There may be particular stages in the life of a device where more frequent reviews are needed. Further guidance on managing risks is available in the Code of Practice: How to Manage Work Health and Safety Risks. PAGE 11 OF 44

12 3. BEFORE USING AN AMUSEMENT DEVICE Before you buy or hire an amusement device you should consider what you will be using the device for and whether it is suitable for your needs. You should consult the supplier to determine whether the device will be suitable. The amusement device checklist at Appendix C can assist with this process. 3.1 Buying an amusement device Before buying an amusement device you should check the design and construction is suitable for the intended use and it meets the relevant technical standards. Discuss your needs with the supplier and ask for information about the following: the purpose for which amusement device was designed or manufactured the results of calculations, analysis, testing or examination conditions necessary for the safe use of the amusement device. For some complex amusement devices you should engage a competent person, for example an engineer, to inspect the amusement device before you buy it. They can provide helpful advice and assess the information provided by the supplier. Second-hand amusement devices R.198: A supplier of plant must: take all reasonable steps to obtain the information required to be provided by the manufacturer under section 23(4)(a) and (c) of the Act and these Regulations, and when the plant is supplied, ensure the person to whom the plant is supplied is given the information obtained by the supplier. R.199: A supplier of second-hand plant must ensure, so far as is reasonably practicable, that any faults in the plant are identified. Before plant is supplied, the supplier of second-hand plant must ensure that the person to whom the plant is supplied is given written notice of: the condition of the plant any faults identified, and if appropriate, that the plant should not be used until the faults are rectified. R.8: A supply of a thing does not include the supply of a thing by a person who does not control the supply and has no authority to make decisions about the supply, for example an auctioneer without possession of the thing or a real estate agent acting in their capacity as a real estate agent. A person conducting a business or undertaking that imports, supplies or sells second hand plant has obligations to the person buying or receiving the plant, including for an amusement device. For further information see section 25 of the WHS Act, regulations 198, 199 and 200 of the WHS Regulations and the Code of Practice: Safe Design, Manufacture, Import and Supply of Plant. PAGE 12 OF 44

13 3.2 Hiring an amusement device If you hire an amusement device, both you and the person you have hired it from must ensure, so far as is reasonably practicable, that it is safe to use. During the time the amusement device is in your possession you will have control over the amusement device. Duty holders must consult, co-operate and co-ordinate activities with each other, so far as is reasonably practicable. A person who hires an amusement device to another person should check: the amusement device has been inspected and maintained between each hiring or leasing to identify and if necessary minimise risks to safety regular amusement device testing has occurred to check if new or increased risks to health and safety are present and if more frequent testing is required in the future test results are recorded in the log book and these records maintained the log book and maintenance manual are updated in accordance with the manufacturer s instructions each time it is hired or leased, erected or installed, dismantled or removed the customer has information about how to set up and dismantle the device safely if the customer is required to setup or dismantle the device the customer has the manufacturer s instructions about how to use, operate and control the device, or if not the instructions prepared by a competent person have been given to the customer. A person hiring an amusement device should check that: the device is suitable for its intended use the inspections and maintenance records are up-to-date in the log book the supplier has appropriate public liability insurance the supplier provides information about: o plant registration o the purpose of the amusement device and its proper use o transporting, handling, setting-up, using and dismantling the device. 3.3 Registering plant - amusement devices Schedule 5 to the WHS Regulations requires amusement devices covered by Section 2.1 of AS :2009 Amusement rides and devices - Design and construction to be design and item registered, with the exception of the following: class 1 devices playground devices water slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure wave generators where patrons do not come into contact with the parts of machinery used for generating water waves inflatable devices that are sealed inflatable devices that do not use a non-return valve. PAGE 13 OF 44

14 Table 1 Examples of amusement devices which must be registered Registrable amusement devices most powered and non-powered (manually operated) mechanical devices most jumping castles, horizontal bungy and other continuously blown inflatables climbing walls, giant slides go-karts high ropes courses, bridge swinging, bungy jumping miniature trains not owned and operated by a model railway society, club or association If your device is not covered by the above list you should seek guidance from the regulator before treating it as not registrable. You must not allow a registrable amusement device to be used unless it is registered. Plant design registration If plant design registration is required by Part 2 of Schedule 5 to the WHS Regulations, a person conducting a business or undertaking that designs an item of plant may apply to the regulator to register the plant design. Alternatively, a person with management or control of an item of plant may apply to the regulator for the registration of the plant design. An amusement device design must also be registered if: it has not already been design registered, or you alter the design by modifying the amusement device and the alterations to the design may affect health and safety. When a design is registered, the regulator will issue a design registration number to the person with management or control of the amusement device. The person to whom the plant design registration number is issued must give the registration number to the manufacturer, importer or supplier of plant manufactured to that design. The person with management or control of plant must keep the design registration number in a readily accessible location near the amusement device. Plant item registration If registration of an item of plant is required by Part 2 of Schedule 5 to the WHS Regulations, a person with management or control of an item of plant may apply to the regulator to register that item of plant. The purpose of registering an item of plant is to ensure that it is inspected by a competent person and is safe to operate. The person with management or control of plant must notify the regulator if the person no longer has management or control of the item of plant. The item registration number must be marked on the amusement device. The number should be permanently marked, where it can be easily read and seen when the device is assembled and where it cannot be damaged or removed. It is important to make sure an amusement device requiring item registration has been design registered before it is bought or hired, and the design registration number is supplied with the device. If the amusement device is old and does not have a design registration number, contact your regulator. Further guidance on plant registration is available in the Code of Practice: Safe Design, Manufacture, Import and Supply of plant and the Code of Practice: Managing Risks of Plant in the Workplace. PAGE 14 OF 44

15 3.4 Information, training, instruction and supervision S.19: A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking. R.39: A person conducting a business or undertaking must ensure that information, training and instruction provided to a worker is suitable and adequate having regard to: the nature of the work carried out by the worker the nature of the risks associated with the work at the time of the information, training and instruction, and the control measures implemented. The person must ensure, so far as is reasonably practicable, that the information, training and instruction provided under this regulation is provided in a way that is readily understandable by any person to whom it is provided. There are three main categories of amusement device personnel: device operators and attendants who are responsible for the day-to-day operation maintenance personnel competent persons carrying out inspections and testing. Information and training for operators Before an amusement device is used workers and operators must be provided with the information, training, instruction or supervision necessary to protect themselves, patrons and others. In addition, operators should be provided with regular refresher training. Information and training should cover: how to operate the device safely, focussing on the nature of the hazards and risk controls, including: o manufacturer or other written operating instructions o general use of device controls including emergency braking o speed limits, loads, ride times and frequencies o operator distractions including restrictions on the use of mobile phones o safe loading and unloading of the device o passenger restrictions, e.g. height and weight o procedures to manage patrons who misbehave o safe waiting and viewing places for spectators o use and maintenance of safety equipment device inspection, testing and maintenance procedures local environmental conditions e.g. weather and the procedures to follow in adverse conditions local area or location risks where the amusement device is to be operated, including safe public viewing areas emergency training including: o o procedures during equipment malfunction or failure using, fitting, testing and storing personal protective equipment during emergencies. Operators and attendants should be closely supervised by a competent person until they can competently and safely use the device. Emergency procedures should be clearly displayed and easily seen by workers and patrons. Training programs should be practical and hands on and take into account the particular needs of workers, for example their literacy levels, experience and the specific skills required for safe use of devices. PAGE 15 OF 44

16 Supervisors should take action to correct unsafe work practices associated with amusement device as soon as possible. Safety information must be provided to anyone installing, commissioning, testing, decommissioning, dismantling or disposing of the amusement device. This should include information on the types of hazards and risks the amusement device may pose to them during these activities. 3.5 Installing an amusement device R.204: A person with management or control of plant at a workplace must not commission the plant unless the person has established that the plant is, so far as is reasonably practicable, without risks to the health and safety of any person. A person with management or control of plant at a workplace must ensure that: A person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is a competent person and is provided with the available information for eliminating or minimising risks to health or safety. The processes for the installation, construction, commissioning, decommissioning and dismantling of plant include inspections that ensure, so far as is reasonably practicable, that risks associated with these activities are monitored. An installer has a duty to ensure the amusement device is installed, constructed or commissioned based on the information provided by the designer, manufacturer, importer or supplier. If information is not available from these people it should be installed, constructed or commissioned based on health and safety instructions provided by a competent person. Commissioning an amusement device involves adjusting, testing and inspecting the device according to the designer or manufacture s specifications to ensure it is in proper working order before it is used. When installing or erecting an amusement device the installer should check: parts are properly aligned and not bent, distorted or cut, e.g. parts should not be force-fit together parts which are worn or damaged beyond specified discard criteria or limits are not used parts requiring lubrication are lubricated regularly and when being erected fastening and locking apparatus are installed and properly secured if needed for the plant to operate safely makeshift apparatus is not used, e.g. temporary or makeshift structural supports artificial lighting is installed where necessary for passenger safety the device and related safety equipment are kept in good working order and free from obvious defects welding is not conducted on load-bearing parts unless by a competent person and the part is not compromised by the welding where split pins or taper pins are used in floating spindles, washers are fitted between the pins and adjacent rubbing surfaces the correct pins, bolts and other connectors are used as specified by the manufacturer or a competent person protective padding is placed over sharp edges. Site issues You must identify and manage risks, so far as is reasonably practicable, related to the site where the amusement device is to be operated. This may include: ground and supporting surfaces, for example: PAGE 16 OF 44

17 o o o o firm and stable ground that can support the weight of the loaded device and plant used to erect or maintain it temporary foundations or footings should be able to carry applied loads supporting surfaces and surrounding areas should be well drained consider potential impact from rain like flooding, poor drainage where inflatables require anchoring, ensure the ground is suitable to hold the anchors in place weather conditions, e.g. high winds vertical and horizontal clearance between the device and buildings, trees, and overhead electric lines and underground services and other devices: o o check whether there are overhead or underground electrical or other services in the area that may impact on the device and its operation check the proposed location relative to other amusement devices, buildings and vehicle and pedestrian pathways safe access for workers, patrons and emergency vehicles putting in place measures to control the patrons and others public e.g. barriers or fencing around amusement devices. High risk work licenses A high risk work licence is required to operate certain types of plant, including forklift trucks, boom type elevating work platforms and certain cranes. If this plant is used to erect or install an amusement device the person with management or control of the amusement device must check that the plant operators hold an appropriate licence. A high risk work licence is required to carry out dogging, rigging or scaffolding work. Dismantling scaffolding requires the person to hold the appropriate scaffolding licence. Further guidance on scaffolding is available in the Code of Practice: Scaffolds and Scaffolding Work. Information about the type of activities requiring a high risk work licence can be found in Schedule 3 to the WHS Regulations. 3.6 Commissioning an amusement device An amusement device should undergo a range of safety tests as part of the commissioning process and before it is put into service. Things to consider include, whether: the device is soundly constructed of proper materials and free from obvious defects the device is capable of supporting the maximum load to which it may be subjected and of moving safely at the speeds at which it is designed to move the speed of the device is limited for example, by a governor, within the range specified by the manufacturer and operator manuals the passengers can be thrown out of a device, and if so whether the restraint system prevents accidental release or release by the passenger how passenger safety will be maintained if the device or power fails where passengers are normally held in position by dynamic forces a braking system is necessary, and if so, if it is suitable and effective a failure of the controls could result in an accidental collision, and if so is the device provided with an emergency braking system to prevent such collisions parts of the device passengers may touch are smooth, free from sharp, rough or splintered edges and corners and have no protruding parts e.g. studs, bolts, or screws part of a device moves over or under people, people can come into contact with moving parts devices operated on tracks are provided with anti-rollback apparatus which is automatically activated if the propelling mechanism fails inflatable devices have sufficient anchor points PAGE 17 OF 44

18 out-of-balance testing is carried out on amusement devices which include a degree of out-of-balance loading check there is no adverse vibration, harmonic oscillation or movement relative to footings and foundations the integrity of the hydraulic and pneumatic systems and their components is tested regularly control devices, speed-limiting devices, brakes, other equipment provided so the device operates safely, safety systems and evacuation procedures are tested regularly electrical testing with reference to relevant technical standards is carried out regularly. 3.7 Emergency plan R.43: A person conducting a business or undertaking must ensure that an emergency plan is prepared and maintained so it remains effective for the workplace, and provides for the following: emergency procedures, including: o an effective response to an emergency o evacuation procedures o notifying emergency service organisations at the earliest opportunity o medical treatment and assistance o effective communication between the person authorised by the person conducting the business or undertaking to co-ordinate the emergency response and all persons at the workplace testing of the emergency procedures, including the frequency of testing information, training and instruction to relevant workers in relation to implementing the emergency procedures. Emergency procedures must be prepared and relevant workers trained. A communication system should be in place to allow emergency services to be contacted quickly. The emergency contact numbers should be displayed where they are easily seen and read. Emergency lighting and illuminated exit signs should be installed where amusement devices operate in enclosed spaces. Fire fighting and rescue equipment should be available at appropriate locations across the site. Signs displaying evacuation locations should be displayed where they are easily seen and read by workers, patrons and others at the workplace. Emergency equipment recommended by the designer or manufacturer should be readily available, including so the device can be moved or rotated to release passengers if the power fails or the amusement device malfunctions. Emergency procedures should include information about: how to use warning systems and what to do when they sound how to shut-down the device safely how to use emergency stop systems how to evacuate the device and the area nearby safely evacuation points effective communication between workers near the device to evacuate safely how to use emergency equipment provided to release passengers from the device in an emergency training workers to respond to injured people and evacuate people. Emergency procedures should be communicated to workers as well as to people who use the amusement devices where necessary to manage the risks to their health and safety. PAGE 18 OF 44

19 4. INSPECTING AND OPERATING AN AMUSEMENT DEVICE 4.1 Inspections An amusement device must be maintained, inspected and tested by a competent person according to the manufacturer s instructions or in accordance with instructions prepared by a competent person. Safety inspections of amusement devices should include the control mechanisms, speed limiting apparatus, brakes, electrical systems, fastenings and other safety equipment, including fences and barriers. Control measures should be implemented to protect the health and safety of the person conducting the inspection, including: de-energising the amusement device switching off or isolating the power source to stop the device from accidentally powering dangerous parts during inspection dissipating or isolating stored energy, e.g. releasing or containing stored hydraulic pressure to stop the device moving or collapsing unexpectedly ensuring guards removed during the inspection process are correctly replaced before the device or part of the device is operated. The amusement device checklist in Appendix C can be used by a person with management or control of an amusement device to help assess whether regulatory requirements are being met. Daily inspection R.238 (2): The person with management or control of an amusement device at a workplace must ensure that: the amusement device is checked before it is operated on each day on which it is to be operated the amusement device is operated without passengers before it is operated with passengers on each day on which the amusement device is to be operated, and the daily checks and operation of the amusement device without passengers are properly and accurately recorded in a log book for the amusement device. A daily visual check must be made by the owner or operator before the device is operated. Before it is accessed by members of the public, another check must be made with the device running under power. The daily check must be entered into the log book and include the: date and time of the inspection or test name of the person who performed the check information about defects or problems identified and steps taken to fix them. Annual inspection R.241: The person with management or control of an amusement device at a workplace must ensure that a detailed inspection of the device is carried out at least once every 12 months by a competent person. For an annual inspection, a competent person is a person who either: has the skills, qualifications, competence and experience to inspect the plant and be registered under a law that provides for the registration of professional engineers, or is determined by the regulator to be a competent person. The annual inspection must include: a check of the operational history of the device since the last detailed inspection PAGE 19 OF 44

20 a check of the log book for the amusement device a check that maintenance and inspections have been carried out as required under regulation 240 of the WHS Regulations a check that required tests have been carried out and that appropriate records have been maintained a detailed inspection of the amusement device which complies with the WHS Act and Regulations, including a specific inspection of the critical components of the amusement device. Relevant technical standards and maintenance manuals should be referred to during the annual inspection. The annual inspection should include obtaining operating and maintenance manuals for the device and observing the device in its various configurations including packed for transport, partly erected, fully assembled and when operating. This may mean the inspection takes place over a period of time. The inspection should check: the condition of o structural and mechanical components - for example, seating, patron-restraint devices, pods drive and brake systems, frames and motors o electrical and electronic components - for example, cabling, sockets and connections disassembly of critical components of the amusement device and removal of paint, grease and corrosion to allow a complete and thorough inspection tolerance checking of critical components non-destructive testing of all critical areas for evidence of cracking, fatigue and excessive stress. Non-destructive testing means the development and application of technical methods to examine materials or components in ways that do not impair their future usefulness and serviceability, in order to detect, locate, measure and evaluate flaws, to assess integrity, properties and composition, and to measure geometrical characteristics. R.240(2): A person is not a competent person to carry out a detailed inspection of an amusement device that includes an electrical installation unless the person is qualified, or is assisted by a person who is qualified, to inspect electrical installations. If an amusement device requires electrical installation inspection you must ensure a suitably qualified and experienced person inspects the installation. The person should then provide a signed statement which is recorded in the log book, indicating the electrical installation is safe to use or operate. Following the annual inspection a report should be prepared by a competent person and the inspection recorded in the log book. An example of what should be included in an inspection record is attached in Appendix B. The annual inspection report and the results of the tests and inspections carried out at the time should be kept together and with the log book. 4.2 Operating an amusement device Before the amusement device is used the person conducting a business or undertaking with management or control of the device should check the operator: is provided with instruction and training in its safe operation understands the level of supervision of the device and patrons that is required is able to check that patrons are safely contained where required. PAGE 20 OF 44