Accident

An unforeseen event that causes injury or death, damage to property.

ADG Code

The Australian Code for the Transport of Dangerous Goods by Road and Rail, edition 7.3.

Airborne Asbestos

Any fibres of asbestos small enough to be made airborne. For the purposes of monitoring airborne asbestos fibres, only respirable fibres are counted.

ALARP

“As low as reasonably practicable” – Relates to control measures – reducing the risk to as low as reasonably practicable.

Anchorage Point

A secure point for attaching a lanyard, lifeline or other component of a travel restraint system or fall arrest system. Anchorages require specific load and impact capacities for their intended use.

Asbestos

Asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock-forming minerals, including actinolite asbestos, grunerite (or amosite) asbestos (brown), anthophyllite asbestos, chrysotile asbestos (white), crocidolite asbestos (blue) and tremolite asbestos.

Asbestos Containing Material (ACM)

Any material or thing that, as part of its design, contains asbestos.

Asbestos-Contaminated Dust/Debris (ACD)

Dust or debris that has settled within a workplace and is (or assumed to be) contaminated with asbestos.

Automated External Defibrillator

An automated external defibrillator (AED) is a portable electronic device that automatically diagnoses the life-threatening cardiac arrhythmias of ventricular fibrillation and pulseless ventricular tachycardia, and is able to treat them through defibrillation, the application of electricity which stops the arrhythmia, allowing the heart to re-establish an effective rhythm.

Bullying

A worker is bullied if:

  • a person or group of people repeatedly act unreasonably towards them or a group of workers
  • the behaviour creates a risk to health and safety.

Unreasonable behaviour includes victimising, humiliating, intimidating or threatening. Whether a behaviour is unreasonable can depend on whether reasonable person might see the behaviour as unreasonable in the circumstances.
Examples of bullying include:

  • behaving aggressively
  • teasing or practical jokes
  • pressuring someone to behave inappropriately
  • unreasonable work demands.

CCES

Catholic Church Endowment Society Inc.

Certificate of Compliance (COC)

Is a document issued by a registered electrical or gas worker for new electrical/gas installation work, alterations, additions and/or repairs to an electrical/gas installation. The COC must be kept for the life of the building.

Challenging Behaviour

Challenging behaviour is defined as ‘any behaviour with the potential to physically or psychologically harm another person or self or property. It can range from verbal abuse through to threats or acts of physical violence’ (SA Health, 2016).

Claims Manager/Consultant

A person within Lawson Risk Management who has the authority to make decisions and determinations on workers compensation claims.

Class of Dangerous Goods

Dangerous Goods are substances that are corrosive, flammable, explosive, spontaneously combustible, toxic, oxidising or water reactive. Petrol, LPG, paints, pesticides and acids are examples of commonly used dangerous goods.

They are defined in the Dangerous Goods Act and are classified in the Australian Code for the Transport of Dangerous Goods by Road and Rail according to their common hazardous properties.

Competent Person

Competent person means a person who has acquired, through training, qualification or experience, the knowledge and skills to carry out the task.

Confined Space

A confined space is an enclosed or a partially enclosed space not designed or intended primarily to be occupied by a person, designed or intended to be at normal atmospheric pressure while a person is in the space within which there is, or likely to be a risk of one or more of the following:
• an oxygen concentration outside of the safe oxygen range;
• a concentration or airborne contaminant/s that may cause impairment, loss of consciousness or asphyxiation;
• a concentration of flammable airborne contaminant/s that may cause injury from fire or explosion.

Construction Work

Construction work includes any work involving:
• construction
• renovation, refurbishment, alteration, conversion
• fit out
• commissioning / decommissioning a building or structure
• maintenance and repair
• demolition / dismantling.

Apart from involving buildings, roads and other major structures, construction work also includes:
• any installation or testing carried out in connection with construction work
• the removal from the workplace of any product or waste resulting from demolition
• prefabrication or testing of elements, at a place specifically established for the construction work, for use in construction work
• the assembly of prefabricated elements to form a structure, or the disassembly of prefabricated elements forming part of a structure
• any installation, testing or maintenance of an essential service in relation to a structure
• any work connected with an excavation
• any work connected with any preparatory work or site preparation (including landscaping as part of site preparation) carried out in connection with an activity referred to as construction work
• carried out on, under or near water, including work on buoys and obstructions to navigation.

Construction work does not include:
• manufacture of plant
• prefabrication of elements, other than at a place specifically established for the construction work, for use in construction work
• construction or assembly of a structure that, once constructed or assembled, is intended to be transported to another place
• testing, maintenance or repair work of a minor nature carried out in connection with a structure
• mining or the exploration for, or extraction of, minerals.

Consultation

Consultation is the sharing of information and exchange of views between two or more people.

Contact Person (CP)

A contact person is trained to give assistance, advice and confidential support to workers requesting information related to the management of discrimination/harassment complaints.

Contingency Planning

A process that prepares an organisation to respond coherently to an unplanned event.

Contractor

A person or firm that undertakes a contract to provide materials or labour to perform a service or do a job.

Controlled Document/Record

Any document where distribution and status are required to be kept current to ensure authorised users have the most up to date version.

Corrective Action

Are improvements to an organisation’s processes taken to eliminate causes of non-conformities or other undesirable situations.

Critical Incident

A traumatic event which does, or is likely to, cause extreme physical and/or emotional, psychological distress or harm.

Dangerous Incident

An incident in relation to a workplace that exposes a worker or any other person to a serious risk to a person’s health or safety emanating from an immediate or imminent exposure to:

    1. An uncontrolled escape, spillage or leakage of a substance; or
    2. An uncontrolled implosion, explosion or fire;
    3. An uncontrolled escape of gas or steam; or
    4. An uncontrolled escape of a pressurised substance; or
    5. Electric shock; or
    6. The fall or release from a height of any plant, substance or thing; or
    7. The collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with the regulations; or
    8. The collapse or partial collapse of a structure; or
    9. The collapse or failure of an excavation or of any shoring supporting an excavation; or
    10. The inrush of water, mud or gas in workings, in an underground excavation or tunnel; or
    11. The interruption of the main system of ventilation in an underground excavation or tunnel;

or

  1. Any other event prescribed by the regulations, But does not include an incident of a prescribed kind.

Due Diligence

Due diligence is the corporate governance responsibility of officers with respect to work health and safety. The due diligence obligation recognises that the behaviour and decisions of officers of a person conducting a business or undertaking (PCBU):

  1. Determine whether the PCBU complies with its work health and safety duties, and
  2. Strongly influence the health and safety culture of businesses and undertakings.

Early Intervention

Assisting and supporting the employer in managing injury and illness that impact the employee’s ability to perform the inherent requirements of their role.

Electronic Cigarette

A device that is designed to generate or release an aerosol or vapour for inhalation by its user in a manner similar to the inhalation of smoke from an ignited tobacco product.

Emergency Control Organisation (ECO)

A person or persons appointed by the emergency planning committee to direct and control the implementation of the facility’s emergency response procedures.

Emergency Planning Committee (EPC)

Persons responsible for the documentation and maintenance of an emergency plan.

Employee Assistance Program (EAP)

EAP is a short term counselling service to assist workers either post-incident or as an intervention.

Enclosed Area

An area which is fully enclosed or partially covered by a ceiling and has walls such that the total area of the ceiling and wall surfaces exceeds 70 percent of the total notional ceiling and ceiling and wall area.

Essential Safety Provisions

(a) in relation to a building erected or altered after 17 June 1991—any safety systems,
equipment or other provisions defined as such, or required to be installed under the
Building Code, these regulations, any former regulations under the Building Act 1971,
or Minister’s Specification SA 32 or 76; or

(b) in relation to a building erected or altered after 1 January 1974 but before
17 June 1991—any safety systems, equipment or other provisions required under
Part 59 of the revoked Building Regulations 1973 to be inspected, tested or maintained
in good working order or submitted to the council, and in the case of log books, to be
maintained and kept.

Falls

A fall by a person from one level to another.

First Aid

The immediate treatment or care given to a person suffering from an injury or illness until more advanced care is provided or the person recovers (First Aid in the Workplace Code of Practice).

Fit For Work

An individual is in a state (physically or psychologically) to perform tasks assigned to them competently and in a manner which does not compromise the safety and health of themselves and others.

Flash Point

Is the lowest temperature (corrected to a standard pressure of 101.3 kPa) at which the application of an ignition source causes the vapours of a liquid to ignite under specified test conditions.

Friable Asbestos

Material that is in a powder form or that can be crumbled, pulverised or reduced to a powder by hand pressure when dry, and contains asbestos.

Full Capacity

The ability of a worker with a compensable injury to perform their full pre-injury role and work hours following recovery from an injury.

GHS

Globally Harmonized System of Classification and Labelling of Chemicals, 3rd Revised Edition, published by the United Nations as modified under Schedule 6 of the WHS Regulations. Hazard category A division of criteria within a hazard class in the GHS. Hazard class The nature of a physical, health or environmental hazard under GHS. Note: This includes dangerous goods. Hazard pictogram A graphical composition, including a symbol plus other graphical elements, that is assigned in the GHS to a hazard class or hazard category. Hazard statement A statement assigned in the GHS to a hazard class or a hazard category describing the nature of the hazards of a hazardous chemical including, if appropriate, the degree of hazard. Hazardous chemical Is a substance, mixture or article that satisfies the criteria for a hazard class in the GHS (including a classification referred to in Schedule 6 of the WHS Regulations), but does not include a substance, mixture or article that satisfies the criteria solely for one of the following classes:

  1. Acute toxicity-oral-category 5;
  2. Acute toxicity-dermal-category 5;
  3. Acute toxicity-inhalation-category 5;
  4. Skin corrosion/irritation-category 3;
  5. Serious eye damage/eye irritation-category 2B;
  6. Aspiration hazard-category 2;
  7. Flammable gas-category 2;
  8. Acute hazard to the aquatic environment-category 1, 2, or 3;
  9. Chronic hazard to the aquatic environment-category 1, 2, 3, or 4;
  10. Hazardous to the ozone layer.

Note: The Schedule 6 tables replace some tables in the GHS. Hazchem Code Means ‘Hazchem Code’ under the ADG Code. Also known as the Emergency Action Code.

Hazard

A situation or thing that has the potential to harm a person. Hazards of work may include: noisy machinery, moving forklift, chemicals, electricity, working at heights, repetitive tasks, bullying and violence at the workplace.

Hazard Register

A document or database record of hazards, existing and additional controls, persons responsible and and review dates.

Hazardous Manual Tasks

A task that requires a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing, either with high, sudden, repeated or sustained for, repetitive movement, awkward posture or exposure to vibration.

Health and Safety Committee

A consultative body established under the WHS Act. The committee’s functions include facilitating cooperation between workers and the person conducting a business or undertaking to ensure worker’s health and safety at work, and assisting to develop work health and safety standards, rules, and procedures for the workplace.

Health and Safety Representative (HSR)

A worker, elected under Part 5, SA WHS Regulations 2012, to represent the workgroup of whom they are a member.

Hierarchy of Controls

Control measures ranked from highest level of protection and reliability to the lowest.

  1. Remove/Eliminate,
  2. Substitution, Engineering/isolation
  3. Administration/training and Personal Protective Equipment (PPE)

High Risk Work

There are 18 activities that are classed as high risk construction work due to the significant potential for serious harm that is often associated with those activities.

The 18 HRCW activities are work that:

  • involves a risk of a person falling more than 3 metres
  • is carried out on a telecommunication tower
  • involves demolition of an element of a structure that is load-bearing or otherwise related to the physical integrity of the structure
  • involves, or is likely to involve, the disturbance of asbestos
  • involves structural alterations or repairs that require temporary support to prevent collapse
  • is carried out in or near a confined space
  • is carried out in or near a shaft or trench with an excavated depth greater than 1.5 metres; or a tunnel
  • involves the use of explosives
  • is carried out on or near pressurised gas distribution mains or piping
  • is carried out on or near chemical, fuel or refrigerant lines
  • is carried out on or near energised electrical installations or services
  • is carried out in an area that may have a contaminated or flammable atmosphere
  • involves tilt-up or precast concrete
  • is carried out on, in or adjacent to a road, railway, shipping lane or other traffic corridor that is in use by traffic other than pedestrians
  • is carried out in an area at a workplace in which there is any movement of powered mobile plant
  • is carried out in an area in which there are artificial extremes of temperature
  • is carried out in or near water or other liquid that involves a risk of drowning
  • involves diving work.

Hostile Environment (Electrical)

An environment in which electrical equipment is exposed to operating conditions that are likely to result in damage to the equipment or a reduction in its expectancy, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust.

Induction

A formal introduction into an organisation or position or office.

Infection Control

Infection prevention and control (IPC) is a scientific approach and practical solution designed to prevent harm caused by infection to patients and health workers. (World Health Organisation).

Information Authority

A worker’s signed consent to share medical information directly relating to their workplace injury as required under Section 185 of the Return to Work Act 2014.

Injury Management Business Partner (IMBP)

A person within the CSaIM team who has the authority to manage the return to work process.

Injury Management Forms

A package of information and forms provided to an injured employee when the workers compensation claim process initiated.

Manager

Principal, business manager, coordinator, team leader, or supervisor.

Noise

Noise is unwanted sound considered unpleasant, loud or disruptive to hearing. From a physics standpoint, noise is indistinguishable from sound, as both are vibrations through a medium, such as air or water. The difference arises when the brain receives and perceives a sound.

Non-Conformance

Issued where the requirements of the Work Health Safety Legislation and CCES Safety Management System are not met.

Non-Friable Asbestos

Material containing asbestos that is not friable asbestos, including material containing asbestos fibres reinforced with a bonding compound.

Notifiable Incident

A ‘notifiable incident’ is:
• the death of a person
• a serious injury or illness, or
• a dangerous incident
arising out of the conduct of a business or undertaking at a workplace.

Notifiable incidents may relate to any person—whether an employee, contractor or member
of the public.

Observation

A statement of fact made where the objective evidence is difficult to establish and where there is opportunity for improvement. This may be issued within or outside an Audit.

Office of the Technical Regulator (OTR)

Office responsible for the electrical, gas and plumbing safety and technical regulation in South Australia.

Officer

An Officer under the SA WHS Act 2012 is a person who makes or helps make decisions that affect the whole, or a substantial part, of a PCBU’s activities.

PCBU

Person Conducting a Business or Undertaking.

  1. A person conducts a business or undertaking:
    1. whether the person conducts the business or undertaking alone or with others; and
    2. Whether or not the business or undertaking is conducted for profit or gain.
  2. A business or undertaking conducted by a person includes a business or undertaking conducted by a partnership or an unincorporated association.

Personal Information

Information on medical conditions and treatments, family, financial or emotional matters.

Personal Protective Equipment (PPE)

Anything used or worn by a person to minimise risk to the person’s health and safety, including air supplied respiratory equipment.

Placard

Means a sign or notice:

  1. displayed or intended for display in a prominent place, or next to a container or storage areas for hazardous chemicals at a workplace
  2. that contains information about the hazardous chemical stored in the container or storage area

Plant

Any machinery, equipment, appliance, container, implement and tool, and includes any component or anything fitted or connected to any of those things

NB: Plant that relies exclusively on manual power for its operation and is designed to be primarily supported by hand (other than hand-held explosive power tools) is NOT covered by the SA WHS Regulations 2012. The general duty of care under the SA WHS Act 2012 applies to this type of plant.

Position Information Document (PID)

Refers to the required tasks, knowledge, skills, abilities and reporting structure required for the position. Also known as a Job Description.

Pre-Injury Duties

Work specified in a worker’s substantive job description or performed prior to the compensable injury or illness occurring.

Psychosocial Hazard

A psychosocial hazard is a hazard that –

a) Arises from, or relates to –

    1. The design or management of work; or
    2. A work environment; or
    3. Plant at a workplace; or
    4. Workplace interactions of behaviours; and

b) May cause psychological harm (whether or not it may also cause physical harm).

Psychosocial Risk

A psychosocial risk is a risk to the health or safety of a worker or other person arising from a psychosocial hazard.

Purchasing

The process of buying goods or products within an organization.

Reasonably Practicable

That which is, or was at a particular time, reasonably able to be done to ensure health and safety, taking into account and weighing up all relevant matters including:

  1. the likelihood of the hazard or the risk concerned occurring
  2. the degree of harm that might result from the hazard or the risk
  3. what the person concerned knows, or ought reasonably to know, about the hazard or risk, and ways of eliminating or minimising the risk
  4. the availability and suitability of ways to eliminate or minimise the risk, and
  5. after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

Records

Information created, received and maintained as evidence and information by an authorised or person in pursuance of legal obligations or in the transaction of business.

Recovery and Return to Work Plan (RRTWP)

A written action plan prepared in accordance with Part 3 Section 25 of the RTW Act 2014 that sets out the actions and responsibilities of a worker and the employer that are to be undertaken or assumed to achieve the earliest possible safe return to work or, if relevant, to the community on a durable basis. A RRTWP may impose obligations on the worker and the employer.

Residual Current Device (RCD) – Safety Switch

A mechanical switching device designed to make, carry and break currents under normal service conditions, and to cause the opening of the contacts when the residual current attains a given value under specified conditions (AS/NZS 3760:2010).

Remote and Isolated Work

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. Assistance includes rescue, medical assistance and the attendance of emergency service workers.

Restricted Space

A restricted space is a space that does not meet the criteria as a ‘confined space’ however hazards and risks are present that require controlling.
A restricted space is also a space where only authorised persons are allowed to enter due to confidentiality, security reasons etc.

Return To Work Coordinator (RTWC)

A person appointed by CCES in accordance with Part 3 Section 26 of the RTW Act 2014 to play an active role in achieving a timely, safe and durable return to work for a worker who has sufered a work injury with an emphasis on early intervention.

ReturnToWorkSA (RTWSA)

The organisation prescribed in the Return to Work Act 2014 responsible for providing work injury insurance and regulating the South Australian Return to Work Scheme.

Risk

The possibility that harm (death, injury or illness) might occur when exposed to a hazard.

Risk Assessment

The process of evaluating the probability and consequences of injury or illness arising from exposure to an identified hazard or hazards.

Risk of a Fall

A circumstance that exposes a worker while at work, or other person while at or in the vicinity of a workplace, to a risk of a fall that is reasonably likely to cause injury to the worker or other person. This includes circumstances in which the worker or other person is:

  • in or on plant or a structure that is at an elevated level
  • in or on plant that is being used to gain access to an elevated level
  • in the vicinity of an opening through which a person could fall
  • in the vicinity of an edge over which a person could fall
  • on or in the vicinity of a surface through which a person could fall
  • on or near the vicinity of a slippery, sloping or unstable surface.

Safety Data Sheet (SDS)

A Safety Data Sheet, previously called a Material Safety Data Sheet (MSDS), is a document that provides information on the properties of hazardous chemicals and how they affect health and safety in the workplace. An SDS includes information on:

  1. the identity of the chemical,
  2. health and physicochemical hazards,
  3. safe handling and storage procedures,
  4. emergency procedures, and
  5. disposal considerations.

The SDS should always be referred to when assessing risks in the workplace.

Serious Injury or Illness

An injury or illness requiring the person to have:

  1. immediate treatment as an in-patient in a hospital; or
  2. immediate treatment for:
    1. the amputation of any part of his or her body; or
    2. A serious head injury; or
    3. A serious eye injury; or
    4. A serious burn; or
    5. The separation of his or her skin from an underlying tissue (such as degloving or scalping); or
    6. The loss of a bodily function; or
    7. Serious lacerations; or
  3. medical treatment within 48 hours of exposure to a substance, and any other injury or illness prescribed by the regulations but does not include an illness or injury of a prescribed kind.

Safe Operating Procedure (SOP)

A Safe Operating Procedure is a working risk control document that describes the safest way to operate plant, equipment and machinery.

Safe Work Method Statement (SWMS)

A High Risk Construction Work Safe Work Method Statement is a document that is prepared in consultation with relevant persons that accounts for the workplace specific circumstances that may affect the way in which the high risk construction work is done. It includes the following requirements:

  • A person conducting a business or undertaking that includes the carrying out of high risk construction work must, before high risk construction work commences, ensure that a Safe Work Method Statement for the proposed work is prepared; or has already been prepared by another person.
  • The principal contractor for a construction project must take all reasonable steps to obtain a copy of the Safe Work Method Statement relating to high risk construction work before the work commences.

A Safe Work Method Statement must:

  • identify the work that is high risk construction work;
  • specify hazards relating to the high risk construction work and risks to health and safety associated with those hazards;
  • describe the measures to be implemented to control the risks;
  • describe how the control measures are to be implemented, monitored and reviewed;
  • take into account all relevant matters, including circumstances at the workplace that may affect the way in which the high risk construction work is carried out;
  • take into account the Work Health and Safety Management Plan that has been prepared for the workplace, if the high risk construction work is carried out in connection with a construction project; and
  • be set out and expressed in a way that is readily accessible and understandable by persons who use it.

Standard Working Procedure (SWP)

A Standard Working Procedure is a working risk control document that describes the safest and most efficient way to perform a certain task.

Suitable Alternate Duties

Duties that are provided to an injured worker when their compensable workplace injury prevents them from performing their pre-injury role. Suitable alternate duties are outlined in the recover and return to work plan and are workplace duties that are within an injured worker’s functional ability and skill set. The treating doctor provides details for an injured worker’s functional ability on the Work Capacity Certificate.

Suitable Employment

As defined in Section 18 of the Return to Work Act 2014, suitable employment refers to employment which the worker is fit and able to complete and, as far as reasonably practicable, the same or similar to their pre-injury employment. The following should be taken into consideration:

  • Capacity to work and previous employment
  • Age, education, skills and work experience
  • Place of residence
  • Medical history
  • Return to work plan obligations

Take 5

Used to assist us in maintaining awareness of our environment at all times and aid in the identification and control of immediate hazards as we go about our day-to-day work.

  1. Stop and look
  2. Think it through
  3. Identify hazards
  4. Control – communicate and make the changes
  5. Keep doing the task safely if risk level is low

Tobacco

Tobacco product is defined under the Tobacco Products Regulation Act 1997 as:

  • A cigarette; or
  • A cigar; or
  • Cigarette or pipe tobacco; or
  • Tobacco prepared for chewing or sucking; or
  • Snuff; or
  • Any other product containing tobacco of a kind prescribed by regulation; or
  • Any product that does not contain tobacco but is designated for smoking, and includes any packet, carton, shipper or other device in which any of the above is contained.

Waterpipes or waterpipe products, including shisha and hookah products, are considered to be tobacco products under the Act (including products that do not contain tobacco).

Vehicle

A vehicle is a mobile machine that transports people or cargo. Most often, vehicles are manufactured, such as wagons, bicycles, motor vehicles (motorcycles, cars, trucks, buses), railed vehicles (trains, trams), watercraft (ships, boats), aircraft and spacecraft.

Volunteer

A person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses).

Waste Discharge Collector

Items such as grease pits, acid traps and neutralisers.

Work Capacity Certificate (WCC)

A certificate issued by a medical practitioner, in the form prescribed by the RTW Act, which states the nature of the injury or illness and how it might be connected to the worker’s work.

Work Group

A group of workers established to facilitate the representation of workers by one or more health and safety representatives. A work group may be all workers at a workplace, but it may also be appropriate to split a workplace into multiple work groups where workers share similar work conditions or are exposed to similar risks and hazards (e.g. all nightshift workers).

Worker

A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as:

  1. an employee; or
  2. a contractor or subcontractor; or
  3. an employee of a contractor or subcontractor; or
  4. an employee of a labour hire company who has been assigned to work in the person’s business or undertaking; or
  5. an outworker; or
  6. an apprentice or trainee; or
  7. a student gaining work experience; or
  8. a volunteer; or
  9. a person of a prescribed class.

The person conducting the business or undertaking is also a worker if the person is an individual who carries out work in that business or undertaking.

Workplace

  1. A workplace is a place where work is carried out for a business of undertaking
    and includes any place where a worker goes, or is likely to be, while at work.
  2. place includes:
    1. Vehicle, vessel, aircraft or other mobile structure; and
    2. Any waters and any installation on land, on the bed of any waters, or floating on any waters.