Occupational Health and Safety Regulation 2001
347 Exemptions for particular persons on
(1) A person may apply to WorkCover for an exemption from any
provision of this Regulation.
(2) Before making such an application, the person must cause notice of
the proposed application to be given:
(a) to all persons employed at any place of work concerned,
(b) in accordance with any consultation arrangements agreed by the
employer and the employees under the Act.
(3) The notice:
(a) must state that the person proposes to seek an exemption from this
(b) must state the effect of such an exemption,
(c) must invite the persons to whom the notice is given to make
submissions, in writing or orally, concerning the proposal to apply for the
(d) must specify the person to whom, and the date by which, any such
submissions would be made.
(4) An application must be in writing and must include copies of the
written submissions, and a summary of the oral submissions, made in connection
with the application.
(5) On receipt of the application, WorkCover:
(a) may, by order in writing, exempt the person from a specified
provision of this Regulation if it is satisfied that:
(i) the person is capable of achieving at least an equivalent level of
safety as would be achieved if the provision had been complied with,
(ii) the application of the provision to the person is inappropriate or
unnecessary in the circumstances, or
(b) may dismiss the application.
(6) An exemption under this clause may be given unconditionally or
subject to such conditions as WorkCover considers appropriate and specifies in
(7) Unless withdrawn, an exemption under this clause has effect for
such period (not exceeding 5 years) as is specified in the exemption. If no
such period is specified, the exemption has effect for a period of 5 years
after it is granted.
(8) WorkCover may withdraw an exemption under this clause if it is
satisfied that the withdrawal is justified on health or safety
Note. See clause 351 as to the review by the Administrative Decisions
Tribunal of a decision by WorkCover to dismiss an application for an
exemption, to impose a condition on an exemption or to withdraw an