Chapter 4 Hazardous work

Part 4.1 Noise

56   Meaning of “exposure standard for noise”

(1)  In this Regulation, exposure standard for noise, in relation to a person, means:

(a)  L_Aeq,8h of 85 dB(A), or

(b)  L_C,peak of 140 dB(C).

(2)  In this clause:

L_Aeq,8h means the eight-hour equivalent continuous A-weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).

L_C,peak means the C-weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).

57   Managing risk of hearing loss from noise

(1)  A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety relating to hearing loss associated with noise.

Note. WHS Act—section 19 (see clause 9).

(2)  A person conducting a business or undertaking at a workplace must ensure that the noise that a worker is exposed to at the workplace does not exceed the exposure standard for noise.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

58   Audiometric testing

(1)  This clause applies in relation to a worker who is frequently required by the person conducting the business or undertaking to use personal protective equipment to protect the worker from the risk of hearing loss associated with noise that exceeds the exposure standard for noise.

(2)  The person conducting the business or undertaking who provides the personal protective equipment as a control measure must provide audiometric testing for the worker:

(a)  within 3 months of the worker commencing the work, and

(b)  in any event, at least every 2 years.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(3)  In this clause, audiometric testing means the testing and measurement of the hearing threshold levels of each ear of a person by means of pure tone air conduction threshold tests.

59   Duties of designers, manufacturers, importers and suppliers of plant

(1)  A designer of plant must ensure that the plant is designed so that its noise emission is as low as is reasonably practicable.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  A designer of plant must give to each person who is provided with the design for the purpose of giving effect to it adequate information about:

(a)  the noise emission values of the plant, and

(b)  the operating conditions of the plant when noise emission is to be measured, and

(c)  the methods the designer has used to measure the noise emission of the plant.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(3)  A manufacturer of plant must ensure that the plant is manufactured so that its noise emission is as low as is reasonably practicable.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(4)  A manufacturer of plant must give to each person to whom the manufacturer provides the plant adequate information about:

(a)  the noise emission values of the plant, and

(b)  the operating conditions of the plant when noise emission is to be measured, and

(c)  the methods the manufacturer has used to measure the noise emission of the plant.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(5)  An importer of plant must take all reasonable steps to:

(a)  obtain information about:

(i)  the noise emission values of the plant, and

(ii)  the operating conditions of the plant when noise emission is to be measured, and

(iii)  the methods the designer or manufacturer has used to measure the noise emission of the plant, and

(b)  give that information to any person to whom the importer supplies the plant.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(6)  A supplier of plant must take all reasonable steps to:

(a)  obtain the information the designer, manufacturer or importer is required to give a supplier under subclause (2), (4) or (5), and

(b)  give that information to any person to whom the supplier supplies the plant.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

Part 4.2 Hazardous manual tasks

60   Managing risks to health and safety

(1)  A person conducting a business or undertaking must manage risks to health and safety relating to a musculoskeletal disorder associated with a hazardous manual task, in accordance with Part 3.1.

Note. WHS Act—section 19 (see clause 9).

(2)  In determining the control measures to implement under subclause (1), the person conducting the business or undertaking must have regard to all relevant matters that may contribute to a musculoskeletal disorder, including:

(a)  postures, movements, forces and vibration relating to the hazardous manual task, and

(b)  the duration and frequency of the hazardous manual task, and

(c)  workplace environmental conditions that may affect the hazardous manual task or the worker performing it, and

(d)  the design of the work area, and

(e)  the layout of the workplace, and

(f)  the systems of work used, and

(g)  the nature, size, weight or number of persons, animals or things involved in carrying out the hazardous manual task.

61   Duties of designers, manufacturers, importers and suppliers of plant or structures

(1)  A designer of plant or a structure must ensure that the plant or structure is designed so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  If it is not reasonably practicable to comply with subclause (1), the designer must ensure that the plant or structure is designed so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(3)  The designer must give to each person who is provided with the design for the purpose of giving effect to it adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(4)  A manufacturer of plant or a structure must ensure that the plant or structure is manufactured so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(5)  If it is not reasonably practicable to comply with subclause (4), the manufacturer must ensure that the plant or structure is manufactured so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(6)  The manufacturer must give to each person to whom the manufacturer provides the plant or structure adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(7)  An importer of plant or a structure must take all reasonable steps to:

(a)  obtain the information the designer or manufacturer is required to give under subclause (3) or (6), and

(b)  give that information to any person to whom the importer supplies the plant.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(8)  A supplier of plant or a structure must take all reasonable steps to:

(a)  obtain the information the designer, manufacturer or importer is required to give a supplier under subclause (3), (6) or (7), and

(b)  give that information to any person to whom the supplier supplies the plant.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

Part 4.3 Confined spaces

Division 1 Preliminary

62   Confined spaces to which this Part applies

(1)  This Part applies to confined spaces that:

(a)  are entered by any person, or

(b)  are intended or likely to be entered by any person, or

(c)  could be entered inadvertently by any person.

(2)  In this Part, a reference to a confined space in relation to a person conducting a business or undertaking is a reference to a confined space that is under the person’s management or control.

63   Application to emergency service workers

Clauses 67 and 68 do not apply to the entry into a confined space by an emergency service worker if, at the direction of the emergency service organisation, the worker is:

(a)  rescuing a person from the space, or

(b)  providing first aid to a person in the space.

Division 2 Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure

64   Duty to eliminate or minimise risk

(1)  This clause applies in relation to plant or a structure that includes a space that is, or is intended to be, a confined space.

(2)  A designer, manufacturer, importer or supplier of the plant or structure, and a person who installs or constructs the plant or structure, must ensure that:

(a)  the need for any person to enter the space and the risk of a person inadvertently entering the space are eliminated, so far as is reasonably practicable, or

(b)  if it is not reasonably practicable to eliminate the need to enter the space or the risk of a person inadvertently entering the space:

(i)  the need or risk is minimised so far as is reasonably practicable, and

(ii)  the space is designed with a safe means of entry and exit, and

(iii)  the risk to the health and safety of any person who enters the space is eliminated so far as is reasonably practicable or, if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

Division 3 Duties of person conducting business or undertaking

65   Entry into confined space must comply with this Division

A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that a worker does not enter a confined space before this Division has been complied with in relation to that space.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

66   Managing risks to health and safety

(1)  A person conducting a business or undertaking must manage, in accordance with Part 3.1, risks to health and safety associated with a confined space at a workplace including risks associated with entering, working in, on or in the vicinity of the confined space (including a risk of a person inadvertently entering the confined space).

Note. WHS Act—section 19 (see clause 9).

(2)  A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purposes of subclause (1).

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

(3)  The person must ensure that a risk assessment conducted under subclause (2) is recorded in writing.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(4)  For the purposes of subclauses (1) and (2), the person conducting a business or undertaking must have regard to all relevant matters, including the following:

(a)  whether the work can be carried out without the need to enter the confined space,

(b)  the nature of the confined space,

(c)  if the hazard is associated with the concentration of oxygen or the concentration of airborne contaminants in the confined space—any change that may occur in that concentration,

(d)  the work required to be carried out in the confined space, the range of methods by which the work can be carried out and the proposed method of working,

(e)  the type of emergency procedures, including rescue procedures, required.

(5)  The person conducting a business or undertaking must ensure that a risk assessment under this clause is reviewed and as necessary revised by a competent person to reflect any review and revision of control measures under Part 3.1.

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

67   Confined space entry permit

(1)  A person conducting a business or undertaking at a workplace must not direct a worker to enter a confined space to carry out work unless the person has issued a confined space entry permit for the work.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  A confined space entry permit must:

(a)  be completed by a competent person, and

(b)  be in writing, and

(c)  specify the following:

(i)  the confined space to which the permit relates,

(ii)  the names of persons permitted to enter the space,

(iii)  the period of time during which the work in the space will be carried out,

(iv)  measures to control risk associated with the proposed work in the space, and

(d)  contain space for an acknowledgement that work in the confined space has been completed and that all persons have left the confined space.

(3)  The control measures specified in a confined space permit must:

(a)  be based on a risk assessment conducted under clause 66, and

(b)  include:

(i)  control measures to be implemented for safe entry, and

(ii)  details of the system of work provided under clause 69.

(4)  The person conducting a business or undertaking must ensure that, when the work for which the entry permit was issued is completed:

(a)  all workers leave the confined space, and

(b)  the acknowledgement referred to in subclause (2) (d) is completed by the competent person.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

68   Signage

(1)  A person conducting a business or undertaking must ensure that signs that comply with subclause (2) are erected:

(a)  immediately before work in a confined space commences and while the work is being carried out, and

(b)  while work is being carried out in preparation for, and in the completion of, work in a confined space.

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

(2)  The signs must:

(a)  identify the confined space, and

(b)  inform workers that they must not enter the space unless they have a confined space entry permit, and

(c)  be clear and prominently located next to each entry to the space.

69   Communication and safety monitoring

A person conducting a business or undertaking must ensure that a worker does not enter a confined space to carry out work unless the person provides a system of work that includes:

(a)  continuous communication with the worker from outside the space, and

(b)  monitoring of conditions within the space by a standby person who is in the vicinity of the space and, if practicable, observing the work being carried out.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

70   Specific control—connected plant and services

(1)  A person conducting a business or undertaking must, so far as is reasonably practicable, eliminate any risk associated with work in a confined space in either of the following circumstances:

(a)  the introduction of any substance or condition into the space from or by any plant or services connected to the space,

(b)  the activation or energising in any way of any plant or services connected to the space.

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

(2)  If it is not reasonably practicable for the person to eliminate risk under subclause (1), the person must minimise that risk so far as is reasonably practicable.

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

71   Specific control—atmosphere

(1)  A person conducting a business or undertaking must ensure, in relation to work in a confined space, that:

(a)  purging or ventilation of any contaminant in the atmosphere of the space is carried out, so far as is reasonably practicable, and

(b)  pure oxygen or gas mixtures with oxygen in a concentration exceeding 21% by volume are not used for purging or ventilation of any airborne contaminant in the space.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  The person must ensure that, while work is being carried out in a confined space:

(a)  the atmosphere of the space has a safe oxygen level, or

(b)  if it is not reasonably practicable to comply with paragraph (a) and the atmosphere in the space has an oxygen level less than 19.5% by volume—any worker carrying out work in the space is provided with air supplied respiratory equipment.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(3)  In this clause, purging means the method used to displace any contaminant from a confined space.

Notes. 

1   Clause 44 applies to the use of personal protective equipment, including the equipment provided under subclause (2).

2   Clause 50 applies to airborne contaminants.

72   Specific control—flammable gases and vapours

(1)  A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that while work is being carried out in a confined space, the concentration of any flammable gas, vapour or mist in the atmosphere of the space is less than 5% of its LEL.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  If it is not reasonably practicable to limit the atmospheric concentration of a flammable gas, vapour or mist in a confined space to less than 5% of its LEL and the atmospheric concentration of the flammable gas, vapour or mist in the space is:

(a)  equal to or greater than 5% but less than 10% of its LEL—the person must ensure that any worker is immediately removed from the space unless a suitably calibrated, continuous-monitoring flammable gas detector is used in the space, or

(b)  equal to or greater than 10% of its LEL—the person must ensure that any worker is immediately removed from the space.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

73   Specific control—fire and explosion

A person conducting a business or undertaking must ensure that an ignition source is not introduced into a confined space (from outside or within the space) if there is a possibility of the ignition source causing a fire or explosion in the space.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

74   Emergency procedures

(1)  A person conducting a business or undertaking must:

(a)  establish first aid procedures and rescue procedures to be followed in the event of an emergency in a confined space, and

(b)  ensure that the procedures are practised as necessary to ensure that they are efficient and effective.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  The person must ensure that first aid and rescue procedures are initiated from outside the confined space as soon as practicable in an emergency.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(3)  The person must ensure, in relation to any confined space, that:

(a)  the entry and exit openings of the confined space are large enough to allow emergency access, and

(b)  the entry and exit openings of the space are not obstructed, and

(c)  plant, equipment and personal protective equipment provided for first aid or emergency rescue are maintained in good working order.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

Note. See Part 3.2 for general provisions relating to first aid, personal protective equipment and emergency plans.

75   Personal protective equipment in emergencies

(1)  This clause applies in relation to a worker who is to enter a confined space in order to carry out first aid or rescue procedures in an emergency.

(2)  The person conducting the business or undertaking for which the worker is carrying out work must ensure that air supplied respiratory equipment is available for use by, and is provided to, the worker in an emergency in which:

(a)  the atmosphere in the confined space does not have a safe oxygen level, or

(b)  the atmosphere in the space has a harmful concentration of an airborne contaminant, or

(c)  there is a serious risk of the atmosphere in the space becoming affected in the way referred to in paragraph (a) or (b) while the worker is in the space.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(3)  The person conducting the business or undertaking for which the worker is carrying out work must ensure that suitable personal protective equipment is available for use by, and is provided to, the worker in an emergency in which:

(a)  an engulfment has occurred inside the confined space, or

(b)  there is a serious risk of an engulfment occurring while the worker is in the space.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

Note. Clause 44 applies to the use of personal protective equipment, including the equipment provided under this clause.

76   Information, training and instruction for workers

(1)  A person conducting a business or undertaking must ensure that relevant workers are provided with suitable and adequate information, training and instruction in relation to the following:

(a)  the nature of all hazards relating to a confined space,

(b)  the need for, and the appropriate use of, control measures to control risks to health and safety associated with those hazards,

(c)  the selection, fit, use, wearing, testing, storage and maintenance of any personal protective equipment,

(d)  the contents of any confined space entry permit that may be issued in relation to work carried out by the worker in a confined space,

(e)  emergency procedures.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  The person must ensure that a record of all training provided to a worker under this clause is kept for 2 years.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(3)  In subclause (1), relevant worker means:

(a)  a worker who, in carrying out work for the business or undertaking, could:

(i)  enter or work in a confined space, or

(ii)  carry out any function in relation to work in a confined space or the emergency procedures established under clause 74, but who is not required to enter the space, or

(b)  any person supervising a worker referred to in paragraph (a).

77   Confined space entry permit and risk assessment must be kept

(1)  This clause applies if a person conducting a business or undertaking:

(a)  prepares a risk assessment under clause 66, or

(b)  issues a confined space entry permit under clause 67.

(2)  Subject to subclause (3), the person must keep:

(a)  a copy of the risk assessment until at least 28 days after the work to which it relates is completed, and

(b)  a copy of the confined space entry permit at least until the work to which it relates is completed.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(3)  If a notifiable incident occurs in connection with the work to which the assessment or permit relates, the person must keep the copy of the assessment or permit (as applicable) for at least 2 years after the incident occurs.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(4)  The person must ensure that, for the period for which the assessment or permit must be kept under this clause, a copy is available for inspection under the Act.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(5)  The person must ensure that, for the period for which the assessment or permit must be kept under this clause, a copy is available to any relevant worker on request.

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

Part 4.4 Falls

78   Management of risk of fall

(1)  A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with a fall by a person from one level to another that is reasonably likely to cause injury to the person or any other person.

Note. WHS Act—section 19 (see clause 9).

(2)  Subclause (1) includes the risk of a fall:

(a)  in or on an elevated workplace from which a person could fall, or

(b)  in the vicinity of an opening through which a person could fall, or

(c)  in the vicinity of an edge over which a person could fall, or

(d)  on a surface through which a person could fall, or

(e)  in any other place from which a person could fall.

(3)  A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that any work that involves the risk of a fall to which subclause (1) applies is carried out on the ground or on a solid construction.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(4)  A person conducting a business or undertaking must provide safe means of access to and exit from:

(a)  the workplace, and

(b)  any area within the workplace referred to in subclause (2).

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(5)  In this clause, solid construction means an area that has:

(a)  a surface that is structurally capable of supporting all persons and things that may be located or placed on it, and

(b)  barriers around its perimeter and any openings to prevent a fall, and

(c)  an even and readily negotiable surface and gradient, and

(d)  a safe means of entry and exit.

79   Specific requirements to minimise risk of fall

(1)  This clause applies if it is not reasonably practicable for the person conducting a business or undertaking at a workplace to eliminate the risk of a fall to which clause 78 applies.

(2)  The person must minimise the risk of a fall by providing adequate protection against the risk in accordance with this clause.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(3)  The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including by:

(a)  providing a fall prevention device if it is reasonably practicable to do so, or

(b)  if it is not reasonably practicable to provide a fall prevention device, providing a work positioning system, or

(c)  if it is not reasonably practicable to comply with either paragraph (a) or (b), providing a fall arrest system, so far as is reasonably practicable.

Examples. 

1   Providing temporary work platforms.

2   Providing training in relation to the risks involved in working at the workplace.

3   Providing safe work procedures, safe sequencing of work, safe use of ladders, permit systems and appropriate signs.

Note. A combination of the controls set out in this subclause may be used to minimise risks, so far as is practicable, if a single control is not sufficient for the purpose.

(4)  This clause does not apply in relation to the following work:

(a)  the performance of stunt work,

(b)  the performance of acrobatics,

(c)  a theatrical performance,

(d)  a sporting or athletic activity,

(e)  horse riding.

Note. Clause 36 applies to the management of risk in relation to this work.

(5)  In this clause, fall prevention device includes:

(a)  a secure fence, and

(b)  edge protection, and

(c)  working platforms, and

(d)  covers.

Note. See clause 5 (1) for definitions of fall arrest system and work positioning system.

80   Emergency and rescue procedures

(1)  This clause applies if a person conducting a business or undertaking provides a fall arrest system as a control measure.

(2)  Without limiting clause 79, the person must establish emergency procedures, including rescue procedures, in relation to the use of the fall arrest system.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(3)  The person must ensure that the emergency procedures are tested so that they are effective.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(4)  The person must provide relevant workers with suitable and adequate information, training and instruction in relation to the emergency procedures.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(5)  In this clause, relevant worker means:

(a)  a worker who, in carrying out work in the business or undertaking, uses or is to use a fall arrest system, and

(b)  a worker who may be involved in initiating or implementing the emergency procedures.

Part 4.5 High risk work

Division 1 Licensing of high risk work

Subdivision 1 Requirement to be licensed

81   Licence required to carry out high risk work

A person must not carry out a class of high risk work unless the person holds a high risk work licence for that class of high risk work, except as provided in clause 82.

Notes. 

1   See section 43 of the Act.

2   Schedule 3 sets out the high risk work licences and classes of high risk work that are within the scope of each licence. Schedule 4 sets out the qualifications required for a high risk work licence.

82   Exceptions

(1)  A person who carries out high risk work in either of the following circumstances is not required to be licensed:

(a)  work carried out:

(i)  in the course of training towards a certification in order to be licensed to carry out the high risk work, and

(ii)  under the supervision of a person who is licensed to carry out the high risk work,

(b)  work carried out by a person who, having applied for a licence to carry out the high risk work on the basis of a certification, is awaiting a decision on that application.

(2)  A person who carries out high risk work involving plant is not required to be licensed if:

(a)  the work is carried out at a workplace solely for the purpose of the manufacture, testing, trialling, installation, commissioning, maintenance, servicing, repair, alteration, demolition or disposal of the plant at that workplace or moving the plant within the workplace, and

(b)  the plant is operated or used without a load except when standard weight loads with predetermined fixing points are used for calibration of the plant.

(3)  For the purposes of subclause (2) (a), moving does not include loading plant onto, or unloading plant from, the vehicle or equipment used to move the plant.

(4)  A person who carries out high risk work with a crane or hoist is not required to be licensed as a crane operator if:

(a)  the work is limited to setting up or dismantling the crane or hoist, and

(b)  the person carrying out the work holds a licence in relation to rigging, which qualifies the person to carry out the work.

Note. See Schedule 3 for the classes of crane operator licence.

(5)  A person who carries out high risk work with a heritage boiler is not required to be licensed as a boiler operator.

83   Recognition of high risk work licences in other jurisdictions

(1)  In this Subdivision, a reference to a high risk work licence includes a reference to an equivalent licence:

(a)  granted under a corresponding WHS law, and

(b)  that is being used in accordance with the terms and conditions under which it was granted.

(2)  Subclause (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.

84   Duty of person conducting business or undertaking to ensure direct supervision

(1)  A person conducting a business or undertaking must ensure that a person supervising the work of a person carrying out high risk work as required by clause 82 (1) (a) provides direct supervision of the person except in the circumstances set out in subclause (2).

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  Direct supervision of a person is not required if:

(a)  the nature or circumstances of a particular task make direct supervision impracticable or unnecessary, and

(b)  the reduced level of supervision will not place the health or safety of the supervised person or any other person at risk.

(3)  In this clause, direct supervision of a person means the oversight by the supervising person of the work of that person for the purposes of:

(a)  directing, demonstrating, monitoring and checking the person’s work in a way that is appropriate to the person’s level of competency, and

(b)  ensuring a capacity to respond in an emergency situation.

85   Evidence of licence—duty of person conducting business or undertaking

(1)  A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work for which a high risk work licence is required unless the person sees written evidence provided by the worker that the worker has the relevant high risk work licence for that work.

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

(2)  A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work referred to in clause 82 (1) unless the person sees written evidence provided by the worker that the worker:

(a)  is undertaking the course of training referred to in clause 82 (1) (a) (i), or

(b)  has applied for the relevant licence and holds the certification referred to in clause 82 (1) (b).

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

(3)  A person conducting a business or undertaking at a workplace must not direct or allow a worker to supervise high risk work as referred to in clauses 82 (1) (a) and 84 unless the person sees written evidence that the worker holds the relevant high risk work licence for that high risk work.

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

(4)  A person conducting a business or undertaking at a workplace must keep the written evidence given to the person:

(a)  under subclause (1) or (2)—for at least 1 year after the high risk work is carried out,

(b)  under subclause (3)—for at least 1 year after the last occasion on which the worker performs the supervision work.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

Subdivision 2 Licensing process

86   Who may apply for a licence

Only a person who holds a qualification set out in Schedule 4 may apply for a high risk work licence.

87   Application for high risk work licence

(1)  An application for a high risk work licence must be made in the manner and form required by the regulator.

(2)  The application must include the following information:

(a)  the applicant’s name and residential address,

(b)  a recent photograph of the applicant,

(c)  evidence of the applicant’s age,

(d)  any other evidence of the applicant’s identity required by the regulator,

(e)  the class of high risk work licence to which the application relates,

(f)  a copy of a certification:

(i)  that is held by the applicant in relation to the VET course, or each of the VET courses, set out in Schedule 4 in relation to the high risk work licence applied for, and

(ii)  that was issued not more than 60 days before the application is made,

(g)  a declaration that the applicant does not hold an equivalent licence under a corresponding WHS law,

(h)  a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or this Regulation or under any corresponding WHS law,

(i)  details of any conviction or finding of guilt declared under paragraph (h),

(j)  a declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law,

(k)  details of any enforceable undertaking declared under paragraph (j),

(l)  if the applicant has previously been refused an equivalent licence under a corresponding WHS law, a declaration giving details of that refusal,

(m)  if the applicant has previously held an equivalent licence under a corresponding WHS law, a declaration:

(i)  describing any condition imposed on that licence, and

(ii)  stating whether or not that licence had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any licence, and

(iii)  giving details of any suspension, cancellation or disqualification.

Note. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.

(3)  The application must be accompanied by the relevant fee.

88   Additional information

(1)  If an application for a high risk work licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the applicant to provide additional information.

(2)  A request for additional information must:

(a)  specify the date (not being less than 28 days after the request) by which the additional information is to be given, and

(b)  be confirmed in writing.

(3)  If an applicant does not provide the additional information by the date specified, the application is to be taken to have been withdrawn.

(4)  The regulator may make more than 1 request for additional information under this clause.

89   Decision on application

(1)  Subject to subclause (3), the regulator must grant a high risk work licence if satisfied about the matters referred to in subclause (2).

(2)  The regulator must be satisfied about the following:

(a)  the application has been made in accordance with this Regulation,

(b)  the applicant does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal,

(c)  the applicant:

(i)  resides in this jurisdiction, or

(ii)  resides outside this jurisdiction and circumstances exist that justify the grant of the licence,

(d)  the applicant is at least 18 years of age,

(e)  the applicant has provided the certification required under clause 87 (2) (f),

(f)  the applicant is able to carry out the work to which the licence relates safely and competently.

(3)  The regulator must refuse to grant a high risk work licence if satisfied that:

(a)  the applicant is disqualified under a corresponding WHS law from holding an equivalent licence, or

(b)  the applicant, in making the application, has:

(i)  given information that is false or misleading in a material particular, or

(ii)  failed to give any material information that should have been given.

(4)  If the regulator decides to grant the licence, it must notify the applicant within 14 days after making the decision.

(5)  If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under clause 88, the regulator is taken to have refused to grant the licence applied for.

Note. A refusal to grant a high risk work licence (including under subclause (5)) is a reviewable decision (see clause 676).

90   Matters to be taken into account

For the purposes of clause 89 (2) (f), the regulator must have regard to all relevant matters, including the following:

(a)  any offence under the Act or this Regulation or under a corresponding WHS law of which the applicant has been convicted or found guilty,

(b)  in relation to any equivalent licence applied for or held by the applicant under the Act or this Regulation or under a corresponding WHS law:

(i)  any refusal to grant the licence, and

(ii)  any condition imposed on the licence, if granted, and

(iii)  any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence,

(c)  any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law,

(d)  the applicant’s record in relation to any matters arising under the Act or this Regulation or under a corresponding WHS law.

91   Refusal to grant high risk work licence—process

(1)  If the regulator proposes to refuse to grant a licence, the regulator must give a written notice to the applicant:

(a)  informing the applicant of the reasons for the proposed refusal, and

(b)  advising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.

(2)  After the date specified in a notice under subclause (1), the regulator must:

(a)  if the applicant has made a submission in relation to the proposed refusal to grant the licence—consider that submission, and

(b)  whether or not the applicant has made a submission—decide whether to grant or refuse to grant the licence, and

(c)  within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.

Note. A decision to refuse to grant a licence is a reviewable decision (see clause 676).

92   Duration of licence

Subject to this Division, a high risk work licence takes effect on the day it is granted and, unless cancelled earlier, expires 5 years after that day.

93   Licence document

(1)  If the regulator grants a high risk work licence, the regulator must issue to the applicant a licence document in the form determined by the regulator.

(2)  The licence document must include the following:

(a)  the name of the licence holder,

(b)  a recent photograph of the licence holder,

(c)  the date of birth of the licence holder,

(d)  a copy of the signature of the licence holder or provision for the inclusion of a copy signature,

(e)  the class of high risk work licence and a description of the work within the scope of the licence,

(f)  the date on which the licence was granted,

(g)  the expiry date of the licence.

(3)  For the purposes of subclause (2) (e), if the regulator grants more than 1 class of high risk work licence to a person, the licence document must contain a description of each class of licence and the work that is within the scope of each licence.

(4)  If a licence holder holds more than 1 high risk work licence, the regulator may issue to the licence holder one licence document in relation to some or all those licences.

(5)  Despite clause 92, if a licence document is issued under subclause (4), the licences to which that licence document related expire on the date that the first of those licences expires.

94   Licence document to be available

(1)  A licence holder must keep the licence document available for inspection under the Act.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(2)  Subclause (1) does not apply if the licence document is not in the licence holder’s possession because:

(a)  it has been returned to the regulator under clause 97, or

(b)  the licence holder has applied for, but has not received, a replacement licence document under clause 98.

95   Reassessment of competency of licence holder

The regulator may direct a licence holder to obtain a reassessment of the competency of the licence holder to carry out the high risk work covered by the licence if the regulator reasonably believes that the licence holder may not be competent to carry out that work.

Examples. 

1   The training or competency assessment of the licence holder did not meet the standard required to hold the licence.

2   The regulator receives information that the licence holder has carried out high risk work incompetently.

Subdivision 3 Amendment of licence document

96   Notice of change of address

The licence holder of a high risk work licence must give written notice to the regulator of a change of residential address, within 14 days of the change occurring.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

97   Licence holder to return licence

If a high risk work licence is amended, the licence holder must return the licence document to the regulator for amendment at the written request of the regulator and within the time specified in the request.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

98   Replacement licence document

(1)  A licence holder must give written notice to the regulator as soon as practicable if the licence document is lost, stolen or destroyed.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(2)  If a licence document is lost, stolen or destroyed, the licence holder may apply to the regulator for a replacement document.

Note. A licence holder is required to keep the licence document available for inspection (see clause 94).

(3)  An application for a replacement licence document must be made in the manner and form required by the regulator.

(4)  The application must:

(a)  include a declaration describing the circumstances in which the original document was lost, stolen or destroyed, and

Note. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.

(b)  be accompanied by the relevant fee.

(5)  The regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed.

(6)  If the regulator refuses to issue a replacement licence document, it must give the licence holder written notice of this decision, including the reasons for the decision, within 14 days after making the decision.

Note. A decision to refuse to replace a licence is a reviewable decision (see clause 676).

99   Voluntary surrender of licence

(1)  A licence holder may voluntarily surrender the licence document to the regulator.

(2)  The licence expires on the surrender of the licence document.

Subdivision 4 Renewal of high risk work licence

100   Regulator may renew licence

The regulator may renew a high risk work licence on application by the licence holder.

101   Application for renewal

(1)  An application for renewal of a high risk work licence must be made in the manner and form required by the regulator.

(2)  The application must include the following information:

(a)  the name and residential address of the applicant,

(b)  evidence of the applicant’s identity,

(c)  a recent photograph of the applicant,

(d)  a declaration by the applicant that he or she has maintained his or her competency to carry out the high risk work, including by obtaining any reassessment directed under clause 95.

Note. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.

(3)  The application must be accompanied by the relevant fee.

(4)  The application must be made before the expiry of the licence.

102   Licence continues in force until application is decided

If a licence holder applies under clause 101 for the renewal of a high risk work licence, the licence is taken to continue in force from the day it would, apart from this clause, have expired until the licence holder is given notice of the decision on the application.

103   Renewal of expired licence

A person whose high risk work licence has expired may apply for a renewal of that licence:

(a)  within 12 months after the expiry of the licence, or

(b)  if the person satisfies the regulator that exceptional circumstances exist—within any longer period that the regulator allows.

Notes. 

1   As the licence has expired, the applicant cannot carry out the work covered by the licence until the licence is renewed. An application made after a period referred to in paragraph (a) or (b) would be an application for a new licence under clause 87.

2   See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.

104   Provisions relating to renewal of licence

(1)  For the purposes of this Subdivision:

(a)  clause 88 applies as if a reference in that clause to an application for a licence were a reference to an application to renew a licence, and

(b)  clauses 89 (except subclause (5)), 90 and 92 apply as if a reference in clause 89 to the grant of a licence were a reference to the renewal of a licence, and

(c)  clause 91 applies as if a reference in that clause to a refusal to grant a licence were a reference to a refusal to renew a licence.

(2)  The regulator may renew a high risk work licence granted to a person under a corresponding WHS law unless that licence is renewed under that law.

Note. A refusal to renew a high risk work licence is a reviewable decision (see clause 676).

105   Status of licence during review

(1)  This clause applies if the regulator gives a licence holder written notice of its decision to refuse to renew the licence.

(2)  If the licence holder does not apply for internal review of the decision, the licence continues to have effect until the last of the following events:

(a)  the expiry of the licence,

(b)  the end of the period for applying for an internal review.

(3)  If the licence holder applies for an internal review of the decision, the licence continues to have effect until the earlier of the following events:

(a)  the licence holder withdraws the application for review,

(b)  the regulator makes a decision on the review.

(4)  If the licence holder does not apply for an external review, the licence continues to have effect until the end of the time for applying for an external review.

(5)  If the licence holder applies for an external review, the licence continues to have effect until the earlier of the following events:

(a)  the licence holder withdraws the application for review,

(b)  the Administrative Decisions Tribunal makes a decision on the review.

(6)  The licence continues to have effect under this clause even if its expiry date passes.

Subdivision 5 Suspension and cancellation of high risk work licence

106   Suspension or cancellation of licence

(1)  The regulator may suspend or cancel a high risk work licence if satisfied about 1 or more of the following:

(a)  the licence holder has failed to take reasonable care to carry out the high risk work safely and competently,

(b)  the licence holder has failed to obtain a reassessment of competency directed under clause 95,

(c)  the licence holder, in the application for the grant or renewal of the licence or on request by the regulator for additional information:

(i)  gave information that was false or misleading in a material particular, or

(ii)  failed to give any material information that should have been given in that application or on that request,

(d)  the licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body or that was obtained improperly through a breach of a condition of accreditation by the accredited assessor who conducted the competency assessment.

(2)  If the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for:

(a)  a further high risk work licence of the same class, or

(b)  another licence under this Regulation to carry out work which requires skills that are the same as or similar to those required for the work authorised by the licence that has been suspended or cancelled.

Note. A decision to suspend a licence, to cancel a licence or to disqualify the licence holder from applying for a further licence is a reviewable decision (see clause 676).

107   Matters taken into account

(1)  In making a decision under clause 106, the regulator must have regard to:

(a)  any submissions made by the licence holder under clause 108, and

(b)  any advice received from a corresponding regulator.

(2)  For the purposes of clause 106 (1) (a), the regulator must have regard to all relevant matters, including the following:

(a)  any offence under the Act or this Regulation or under a corresponding WHS law, of which the licence holder has been convicted or found guilty,

(b)  in relation to any equivalent licence applied for or held by the licence holder under the Act or this Regulation or under a corresponding WHS law:

(i)  any refusal to grant the licence, and

(ii)  any condition imposed on the licence, if granted, and

(iii)  any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence,

(c)  any enforceable undertaking the licence holder has entered into under the Act or a corresponding WHS law,

(d)  the licence holder’s record in relation to any matters arising under the Act or this Regulation or under a corresponding WHS law.

108   Notice to and submissions by licence holder

Before suspending or cancelling a high risk work licence, the regulator must give the licence holder a written notice of the proposed suspension or cancellation and any proposed disqualification:

(a)  outlining all relevant allegations, facts and circumstances known to the regulator, and

(b)  advising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation and any proposed disqualification.

109   Notice of decision

(1)  The regulator must give the licence holder written notice of a decision under clause 106 to suspend or cancel a high risk work licence within 14 days after making the decision.

(2)  The notice must:

(a)  state that the licence is to be suspended or cancelled, and

(b)  if the licence is to be suspended, state:

(i)  when the suspension begins and ends, and

(ii)  the reasons for the suspension, and

(iii)  whether the licence holder is required to undergo retraining or reassessment or take any other action before the suspension ends, and

(iv)  whether or not the licence holder is disqualified from applying for a further licence during the suspension, and

(c)  if the licence is to be cancelled, state:

(i)  when the cancellation takes effect, and

(ii)  the reasons for the cancellation, and

(iii)  whether or not the licence holder is disqualified from applying for a further licence, and

(d)  if the licence holder is to be disqualified from applying for a further licence, state:

(i)  when the disqualification begins and ends, and

(ii)  the reasons for the disqualification, and

(iii)  whether or not the licence holder is required to undergo retraining or reassessment or take any other action before the disqualification ends, and

(iv)  any other class of high risk work licence or other licence under this Regulation the licence holder is disqualified from applying for during the period of suspension or disqualification, and

(e)  state when the licence document must be returned to the regulator.

110   Immediate suspension

(1)  The regulator may suspend a high risk work licence on a ground referred to in clause 106 without giving notice under clause 108 if satisfied that:

(a)  work carried out under the high risk work licence should cease because the work may involve an imminent serious risk to the health or safety of any person, or

(b)  a corresponding regulator has suspended an equivalent licence held by the licence holder under this clause as applying in the corresponding jurisdiction.

(2)  If the regulator decides to suspend a licence under this clause:

(a)  the regulator must give the licence holder written notice of the suspension and the reasons for the suspension, and

(b)  the suspension of the licence takes effect on the giving of the notice.

(3)  The regulator must then:

(a)  give notice under clause 108 within 14 days after giving the notice under subclause (2), and

(b)  make its decision under clause 106.

(4)  If the regulator does not give notice under subclause (3), the suspension ends at the end of the 14 day period.

(5)  If the regulator gives notice under subclause (3), the licence remains suspended until the decision is made under clause 106.

111   Licence holder to return licence document

A licence holder, on receiving a notice under clause 109, must return the licence document to the regulator in accordance with the notice.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

112   Regulator to return licence document after suspension

When the period of suspension of a licence ends, the regulator must return the licence document to the licence holder within 14 days after the licence suspension ends.

Division 2 Accreditation of assessors

Subdivision 1 Requirement to be accredited

113   Accreditation required to assess competency for high risk work licence

A person who is not an accredited assessor must not:

(a)  conduct a competency assessment, or

(b)  issue a notice of satisfactory assessment, or

(c)  in any other way hold himself or herself out to be an accredited assessor.

Note. See section 43 of the Act.

114   Accredited assessor must act in accordance with accreditation

(1)  An accredited assessor must not conduct a competency assessment unless:

(a)  the competency assessment relates to a class of high risk work for which the assessor is accredited, and

(b)  the accredited assessor conducts the competency assessment for or on behalf of an RTO.

(2)  An accredited assessor must not issue a notice of satisfactory assessment unless the competency assessment relates to a class of high risk work for which the assessor is accredited.

(3)  An accredited assessor who conducts a competency assessment must do so in accordance with the conditions of accreditation imposed under clause 121.

(4)  An accredited assessor who issues a notice of satisfactory assessment must do so in accordance with any conditions of accreditation imposed under clause 121.

(5)  Subclauses (1) to (4) do not apply if the regulator is the accredited assessor.

Note. See section 43 of the Act.

Subdivision 2 Accreditation process

115   Regulator may accredit assessors

The regulator may, under this Division, accredit persons to conduct assessments.

116   Application for accreditation

(1)  An application for accreditation must be made in the manner and form required by the regulator.

(2)  The application must include the following information:

(a)  the name and residential address of the applicant,

(b)  any other evidence of the applicant’s identity required by the regulator,

(c)  details of the class of high risk work to which the application relates,

(d)  evidence that the applicant is qualified to conduct the type of competency assessment in relation to the class of high risk work to which the application relates,

(e)  details of any current equivalent accreditation under a corresponding WHS law,

(f)  a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or this Regulation or under any corresponding WHS law,

(g)  details of any conviction or finding of guilt declared under paragraph (f),

(h)  a declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law,

(i)  details of any enforceable undertaking declared under paragraph (h),

(j)  if the applicant has previously been refused an equivalent accreditation under a corresponding WHS law, a declaration giving details of that refusal,

(k)  if the applicant has previously held an equivalent accreditation under a corresponding WHS law, a declaration:

(i)  describing any condition imposed on that accreditation, and

(ii)  stating whether or not that accreditation had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any accreditation, and

(iii)  giving details of any suspension, cancellation or disqualification.

Note. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.

(3)  The application must be accompanied by the relevant fee.

117   Additional information

(1)  If an application for accreditation does not contain sufficient information to enable the regulator to make a decision whether or not to grant the accreditation, the regulator may ask the applicant to provide additional information.

(2)  A request for additional information must:

(a)  specify the date (being not less than 28 days after the request) by which the additional information is to be given, and

(b)  be confirmed in writing.

(3)  If an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn.

(4)  The regulator may make more than 1 request for additional information under this clause.

118   Decision on application

(1)  Subject to subclause (3), the regulator must grant an accreditation if satisfied about the matters referred to in subclause (2).

(2)  The regulator must be satisfied that:

(a)  the applicant:

(i)  is qualified to conduct the competency assessment to which the application relates, and

(ii)  is able to conduct the competency assessment to which the application relates competently, and

(iii)  is able to ensure compliance with any conditions that will apply to the accreditation, or

(b)  the applicant holds a current equivalent accreditation under a corresponding WHS law.

(3)  The regulator must refuse to grant an accreditation if satisfied that:

(a)  the applicant is disqualified under a corresponding WHS law from holding an equivalent accreditation, or

(b)  the applicant, in making the application, has:

(i)  given information that is false or misleading in a material particular, or

(ii)  failed to give any material information that should have been given.

(4)  If the regulator decides to grant the accreditation, it must notify the applicant within 14 days after making the decision.

(5)  If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under clause 117, the regulator is taken to have refused to grant the accreditation applied for.

(6)  For the purposes of subclause (2) (a) (i), an applicant is qualified to provide the competency assessment if:

(a)  the applicant’s competencies, skills and knowledge are in accordance with the Standards for NVR Registered Training Organisations 2011 published by the Commonwealth, and

(b)  the applicant holds a current high risk work licence for the class of high risk work to which the competency assessment relates.

Note. A refusal to grant accreditation (including a refusal under subclause (5)) is a reviewable decision (see clause 676).

119   Matters to be taken into account

For the purposes of clause 118 (2) (a) (ii) and (iii), the regulator must have regard to all relevant matters, including the following:

(a)  any offence under the Act or this Regulation or under a corresponding WHS law of which the applicant has been convicted or found guilty,

(b)  any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law,

(c)  in relation to any equivalent accreditation applied for or held by the applicant under the Act or this Regulation or under a corresponding WHS law:

(i)  any refusal to grant the accreditation, and

(ii)  any condition imposed on the accreditation, if granted, and

(iii)  any suspension or cancellation of the accreditation, if granted, including any disqualification from applying for any accreditation,

(d)  the applicant’s record in relation to any matters arising under the Act or this Regulation or under a corresponding WHS law.

120   Refusal to grant accreditation—process

(1)  If the regulator proposes to refuse to grant an accreditation, the regulator must give the applicant a written notice:

(a)  informing the applicant of the reasons for the proposed refusal, and

(b)  advising the applicant that the applicant may, by a specified date (being not less than 28 days after the notice is given), make a submission to the regulator in relation to the proposed refusal.

(2)  After the date specified in a notice under subclause (1), the regulator must:

(a)  if the applicant has made a submission in relation to the proposed refusal to grant the accreditation—consider that submission, and

(b)  whether or not the applicant has made a submission—decide whether to grant or refuse to grant the accreditation, and

(c)  within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.

Note. A refusal to grant an accreditation is a reviewable decision (see clause 676).

121   Conditions of accreditation

(1)  The regulator may impose any conditions it considers appropriate on an accreditation.

(2)  Without limiting subclause (1), the regulator may impose conditions:

(a)  relating to the competency assessments and assessment activities that may be carried out, and

(b)  relating to the circumstances in which competency assessments or assessment activities may be carried out, and

(c)  requiring the accredited assessor to keep specified information, and

(d)  requiring the accredited assessor to give specified information to the regulator.

Notes. 

1   A person must comply with the conditions of accreditation (see section 45 of the Act).

2   A decision to impose a condition on an accreditation is a reviewable decision (see clause 676).

122   Duration of accreditation

An accreditation takes effect on the day it is granted and, unless cancelled earlier, expires 3 years after that day.

123   Accreditation document

(1)  If the regulator grants an accreditation, it must issue to the applicant an accreditation document in the form determined by the regulator.

(2)  An accreditation document must include the following:

(a)  the name of the accredited assessor,

(b)  the class of high risk work to which the accreditation relates,

(c)  any conditions imposed on the accreditation by the regulator,

(d)  the date on which the accreditation was granted,

(e)  the expiry date of the accreditation.

(3)  If an assessor is accredited to conduct a competency assessment in relation to more than 1 class of high risk work, the regulator may issue to the accredited assessor one accreditation document in relation to some or all of those classes of high risk work.

(4)  If 2 or more of the classes of high risk work referred to in subclause (3) represent levels of the same type of work, it is sufficient if the accreditation document contains a description of the class of work that represents the highest level.

124   Accreditation document to be available

(1)  An accredited assessor must keep the accreditation document available for inspection under the Act.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(2)  An accredited assessor must make the accreditation document available for inspection by any person in relation to whom the assessor is conducting, or is to conduct, a competency assessment.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(3)  Subclauses (1) and (2) do not apply if the accreditation document is not in the accredited assessor’s possession because:

(a)  it has been returned to the regulator under clause 126, or

(b)  the accreditation assessor has applied for, but has not received, a replacement accreditation document under clause 127.

Subdivision 3 Amendment of accreditation document

125   Changes to information

(1)  An accredited assessor must give the regulator written notice of any change to any material particular in any information given at any time by the assessor to the regulator in relation to the accreditation within 14 days after the assessor becomes aware of the change.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(2)  Subclause (1) applies whether the information was given in the application for grant or renewal of the accreditation or in any other circumstance.

126   Accredited assessor to return accreditation document

If an accreditation is amended, the accredited assessor must return the accreditation document to the regulator for amendment at the written request of the regulator and within the time specified in the request.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

127   Replacement accreditation document

(1)  An accredited assessor must give written notice to the regulator as soon as practicable if the accreditation document is lost, stolen or destroyed.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(2)  If an accreditation document is lost, stolen or destroyed an accredited assessor may apply to the regulator for a replacement accreditation document.

Note. An accreditation holder is required to keep the accreditation document available for inspection (see clause 124).

(3)  An application for a replacement accreditation document must be made in the manner and form required by the regulator.

(4)  The application must:

(a)  include a declaration describing the circumstances in which the original document was lost, stolen or destroyed, and

Note. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.

(b)  be accompanied by the relevant fee.

(5)  The regulator must issue a replacement accreditation document if satisfied that the original document was lost, stolen or destroyed.

(6)  If the regulator refuses to issue a replacement accreditation document, it must give the accredited assessor written notice of this decision, including the reasons for the decision, within 14 days after making the decision.

Note. A refusal to issue a replacement accreditation document is a reviewable decision (see clause 676).

128   Voluntary surrender of accreditation

(1)  An accredited assessor may voluntarily surrender the accreditation document to the regulator.

(2)  The accreditation expires on the surrender of the accreditation document.

Subdivision 4 Renewal of accreditation

129   Regulator may renew accreditation

The regulator may renew an accreditation on the application of the accredited assessor.

130   Application for renewal

(1)  An application for renewal of accreditation must be made in the manner and form required by the regulator.

(2)  An application must:

(a)  include the information referred to in clause 116 (2), and

Note. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.

(b)  be accompanied by the relevant fee.

(3)  The application must be made before the expiry of the accreditation.

131   Accreditation continues in force until application is decided

If an accredited assessor applies under clause 130 for the renewal of accreditation, the accreditation is taken to continue in force from the day it would, apart from this clause, have expired until the accredited assessor is given notice of the decision on the application.

132   Provisions relating to application

For the purposes of this Division:

(a)  clause 117 applies as if a reference in that clause to an application for accreditation were a reference to an application to renew an accreditation, and

(b)  clauses 118 (except subclause (5)), 119, 121 and 122 apply as if a reference in those clauses to the grant of an accreditation were a reference to the renewal of an accreditation, and

(c)  clause 120 applies as if a reference in that clause to a refusal to grant an accreditation were a reference to a refusal to renew an accreditation.

Note. A refusal to renew an accreditation is a reviewable decision (see clause 676).

Subdivision 5 Suspension and cancellation

133   Regulator may suspend or cancel accreditation

(1)  The regulator may, under this Division:

(a)  suspend or cancel an accreditation, and

(b)  if suspending an accreditation, vary the conditions of the accreditation, including by imposing different or additional conditions.

(2)  If the regulator cancels an accreditation, the regulator may disqualify the accredited assessor from applying for a further accreditation for a specified period.

Note. A decision to suspend or cancel an accreditation, to vary the conditions of an accreditation or to disqualify an accredited assessor from applying for a further accreditation is a reviewable decision (see clause 676).

134   Suspension or cancellation of accreditation

(1)  The regulator may suspend or cancel an accreditation if satisfied about 1 or more of the following:

(a)  the accredited assessor is no longer qualified to conduct the competency assessment specified in the assessor’s accreditation document,

(b)  the accredited assessor is not able to conduct the competency assessment to which the accreditation relates competently,

(c)  the accredited assessor has failed to comply with a condition imposed on the accreditation under clause 121,

(d)  the accredited assessor, in the application for the grant or renewal of accreditation or on request by the regulator for additional information:

(i)  gave information that was false or misleading in a material particular, or

(ii)  failed to give any material information that should have been given in that application or on that request.

(2)  In subclause (1) (a), qualified has the same meaning in relation to an accredited assessor as it has in clause 118 in relation to an applicant for accreditation.

135   Matters to be taken into account

(1)  In making a decision under clause 133, the regulator must have regard to:

(a)  any submissions made by the accredited assessor under clause 136, and

(b)  any advice received from a corresponding regulator.

(2)  For the purposes of clause 134 (1) (b) and (c), the regulator must have regard to all relevant matters, including the following:

(a)  any offence under the Act or this Regulation or under a corresponding WHS law, of which the accredited assessor has been convicted or found guilty,

(b)  any enforceable undertaking the accredited assessor has entered into under the Act or a corresponding WHS law,

(c)  in relation to any equivalent accreditation applied for or held by the accredited assessor under the Act or this Regulation or under a corresponding WHS law:

(i)  any refusal to grant the accreditation, and

(ii)  any condition imposed on the accreditation, if granted, and

(iii)  any suspension or cancellation of the accreditation, if granted, including any disqualification from applying for any accreditation,

(d)  any suspension of a high risk work licence held by the accredited assessor under the Act or this Regulation or under a corresponding WHS law,

(e)  the accredited assessor’s record in relation to any matters arising under the Act or this Regulation or under a corresponding WHS law.

136   Notice to and submissions by accredited assessor

Before suspending or cancelling an accreditation, the regulator must give the accreditation holder a written notice of the proposed suspension or cancellation and any proposed disqualification:

(a)  outlining all relevant allegations, facts and circumstances known to the regulator, and

(b)  advising the accreditation holder that the accreditation holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation and any proposed disqualification.

137   Notice of decision

(1)  The regulator must give the accredited assessor written notice of a decision under clause 134 to suspend or cancel the accreditation within 14 days after making the decision.

(2)  The notice must:

(a)  state that the accreditation is to be suspended or cancelled, and

(b)  if the accreditation is to be suspended, state:

(i)  when the suspension begins and ends, and

(ii)  the reasons for the suspension, and

(iii)  whether or not the accredited assessor is required to undergo retraining or reassessment or take any other action before the suspension ends, and

(iv)  whether any variation is to be made to the conditions of accreditation, and

(v)  whether or not the accredited assessor is disqualified from obtaining a further accreditation during the suspension, and

(c)  if the accreditation is to be cancelled, state:

(i)  when the cancellation takes effect, and

(ii)  the reasons for the cancellation, and

(iii)  whether or not the accredited assessor is disqualified from applying for a further accreditation, and

(d)  if the accredited assessor is to be disqualified from obtaining a further accreditation, state:

(i)  when the disqualification begins and ends, and

(ii)  the reasons for the disqualification, and

(iii)  whether or not the accredited assessor is required to undergo retraining or reassessment or take any other action before the disqualification ends, and

(e)  state when the accreditation document must be returned to the regulator.

138   Immediate suspension

(1)  The regulator may suspend an accreditation on a ground referred to in clause 134 without giving notice under clause 136 if satisfied that a person may be exposed to an imminent serious risk to his or her health or safety if the accreditation were not suspended.

(2)  If the regulator decides to suspend an accreditation under this clause:

(a)  the regulator must give the accredited assessor written notice of the suspension and the reasons for the suspension, and

(b)  the suspension takes effect on the giving of the notice.

(3)  The regulator must then:

(a)  give notice under clause 136 within 14 days after giving the notice under subclause (2), and

(b)  make its decision under clause 134.

(4)  If the regulator does not give notice under subclause (3), the suspension ends at the end of the 14 day period.

(5)  If the regulator gives notice under subclause (3), the accreditation remains suspended until the decision is made under clause 134.

139   Accredited assessor to return accreditation document

An accredited assessor, on receiving a notice under clause 137, must return the accreditation document to the regulator in accordance with that notice.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

140   Regulator to return accreditation document after suspension

The regulator must return the accreditation document to the accredited assessor within 14 days after the suspension ends.

Subdivision 6 Agreements with RTOs

141   Regulator may enter into agreement with RTO

The regulator may enter into an agreement with an RTO to share information to assist the regulator in relation to the accreditation of assessors.

Part 4.6 Demolition work

Division 1 Notice of demolition work

142   Notice of demolition work

(1)  Subject to subclause (4), a person conducting a business or undertaking who proposes to carry out any of the following demolition work must ensure that written notice is given to the regulator in accordance with this clause at least 5 days before the work commences:

(a)  demolition of a structure, or a part of a structure that is loadbearing or otherwise related to the physical integrity of the structure, that is at least 6 metres in height,

(b)  demolition work involving load shifting machinery on a suspended floor,

(c)  demolition work involving explosives.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

Note. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.

(2)  The notice must be given in the manner and form required by the regulator.

(3)  Subclause (4) applies to an emergency service organisation in relation to demolition work carried out or proposed to be carried out by an emergency service worker at the direction of the emergency service organisation in responding to an emergency.

(4)  An emergency service organisation must give notice under subclause (1) as soon as practicable (whether before or after the work is carried out).

(5)  In this clause a reference to the height of a structure is a reference to the height of the structure measured from the lowest level of the ground immediately adjacent to the base of the structure at the point at which the height is to be measured to its highest point.

Division 2 Licensing of demolition work

143   Demolition work required to be licensed

* * * * *

Note. Not adopted in NSW. See clause 64 of Schedule 18B (Savings and transitional provisions).

Part 4.7 General electrical safety in workplaces and energised electrical work

Division 1 Preliminary

144   Meaning of “electrical equipment”

(1)  In this Part, electrical equipment means any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that:

(a)  is used for controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra-low voltage, or

(b)  is operated by electricity at a voltage greater than extra-low voltage, or

(c)  is part of an electrical installation located in an area in which the atmosphere presents a risk to health and safety from fire or explosion, or

(d)  is, or is part of, an active impressed current cathodic protection system within the meaning of AS 2832.1:2004 (Cathodic protection of metals—Pipes and cables).

(2)  In this Part, electrical equipment does not include any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that is part of a motor vehicle if:

(a)  the equipment is part of a unit of the vehicle that provides propulsion for the vehicle, or

(b)  the electricity source for the equipment is a unit of the vehicle that provides propulsion for the vehicle.

(3)  In this clause, motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle.

145   Meaning of “electrical installation”

(1)  In this Part, electrical installation means a group of items of electrical equipment that:

(a)  are permanently electrically connected together, and

(b)  can be supplied with electricity from the works of an electricity supply authority or from a generating source.

(2)  An item of electrical equipment may be part of more than 1 electrical installation.

(3)  In subclause (1) (a):

(a)  an item of electrical equipment connected to electricity by a plug and socket outlet is not permanently electrically connected, and

(b)  connection achieved through using works of an electricity supply authority is not a consideration in determining whether or not electrical equipment is electrically connected.

146   Meaning of “electrical work”

(1)  In this Part, electrical work means:

(a)  connecting electricity supply wiring to electrical equipment or disconnecting electricity supply wiring from electrical equipment, or

(b)  installing, removing, adding, testing, replacing, repairing, altering or maintaining electrical equipment or an electrical installation.

(2)  In this Part, electrical work does not include the following:

(a)  work that involves connecting electrical equipment to an electricity supply by means of a flexible cord plug and socket outlet,

(b)  work on a non-electrical component of electrical equipment, if the person carrying out the work is not exposed to an electrical risk,

Example. Painting electrical equipment covers and repairing hydraulic components of an electrical motor.

(c)  replacing electrical equipment or a component of electrical equipment if that task can be safely performed by a person who does not have expertise in carrying out electrical work,

Example. Replacing a fuse or a light bulb.

(d)  assembling, making, modifying or repairing electrical equipment as part of a manufacturing process,

(e)  building or repairing ducts, conduits or troughs, where electrical wiring is or will be installed if:

(i)  the ducts, conduits or troughs are not intended to be earthed, and

(ii)  the wiring is not energised, and

(iii)  the work is supervised by an authorised electrician,

(f)  locating or mounting electrical equipment, or fixing electrical equipment in place, if this task is not performed in relation to the connection of electrical equipment to an electricity supply,

(g)  assisting an authorised electrician to carry out electrical work if:

(i)  the assistant is directly supervised by the authorised electrician, and

(ii)  the assistance does not involve physical contact with any energised electrical equipment,

(h)  carrying out electrical work, other than work on energised electrical equipment, in order to meet eligibility requirements in relation to becoming an authorised electrician.

(3)  In this clause, authorised electrician means a person who is authorised under the Home Building Act 1989 to do electrical wiring work.

Division 2 General risk management

147   Risk management

A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with electrical risks at the workplace, in accordance with Part 3.1.

Example. Electrical risks associated with the design, construction, installation, protection, maintenance and testing of electrical equipment and electrical installations at a workplace.

Note. WHS Act—section 19 (see clause 9).

Division 3 Electrical equipment and electrical installations

148   Electrical equipment and electrical installations to which this Division applies

In this Division, a reference to electrical equipment or an electrical installation in relation to a person conducting a business or undertaking is a reference to electrical equipment or an electrical installation that is under the person’s management or control.

149   Unsafe electrical equipment

(1)  A person conducting a business or undertaking at a workplace must ensure that any unsafe electrical equipment at the workplace:

(a)  is disconnected (or isolated) from its electricity supply, and

(b)  once disconnected (or isolated):

(i)  is not reconnected until it is repaired or tested and found to be safe, or

(ii)  is replaced or permanently removed from use.

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

(2)  For the purposes of this clause, electrical equipment or a component of electrical equipment is unsafe if there are reasonable grounds for believing it to be unsafe.

150   Inspection and testing of electrical equipment

(1)  A person conducting a business or undertaking at a workplace must ensure that electrical equipment is regularly inspected and tested by a competent person if the electrical equipment is:

(a)  supplied with electricity through an electrical socket outlet, and

(b)  used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust.

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

(2)  In the case of electrical equipment that is new and unused at the workplace, the person conducting the business or undertaking:

(a)  is not required to comply with subclause (1), and

(b)  must ensure that the equipment is inspected for obvious damage before being used.

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

Note. However, electrical equipment that is unsafe must not be used (see clause 149).

(3)  The person must ensure that a record of any testing carried out under subclause (1) is kept until the electrical equipment is:

(a)  next tested, or

(b)  permanently removed from the workplace or disposed of.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(4)  The record of testing:

(a)  must specify the following:

(i)  the name of the person who carried out the testing,

(ii)  the date of the testing,

(iii)  the outcome of the testing,

(iv)  the date on which the next testing must be carried out, and

(b)  may be in the form of a tag attached to the electrical equipment tested.

151   Untested electrical equipment not to be used

A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that electrical equipment is not used if the equipment:

(a)  is required to be tested under clause 150, and

(b)  has not been tested.

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

Division 4 Electrical work on energised electrical equipment

152   Application of Division 4

This Division does not apply to work carried out by or on behalf of an electricity supply authority on the electrical equipment, including electric line-associated equipment, controlled or operated by the authority to generate, transform, transmit or supply electricity.

153   Persons conducting a business or undertaking to which this Division applies

In this Division (except clauses 156, 159 and 160), a reference to a person conducting a business or undertaking in relation to electrical work is a reference to the person conducting the business or undertaking who is carrying out the electrical work.

154   Electrical work on energised electrical equipment—prohibited

Subject to this Division, a person conducting a business or undertaking must ensure that electrical work is not carried out on electrical equipment while the equipment is energised.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

155   Duty to determine whether equipment is energised

(1)  A person conducting a business or undertaking must ensure that, before electrical work is carried out on electrical equipment, the equipment is tested by a competent person to determine whether or not it is energised.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

Note. Clause 157 allows electrical testing to be carried out on electrical equipment for the purposes of this clause. Clause 161 sets out how the testing is to be carried out.

(2)  The person conducting a business or undertaking must ensure that:

(a)  each exposed part is treated as energised until it is isolated and determined not to be energised, and

(b)  each high-voltage exposed part is earthed after being de-energised.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

156   De-energised equipment must not be inadvertently re-energised

A person conducting a business or undertaking must ensure that electrical equipment that has been de-energised to allow electrical work to be carried out on it is not inadvertently re-energised while the work is being carried out.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

157   Electrical work on energised electrical equipment—when permitted

(1)  A person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is not carried out unless:

(a)  it is necessary in the interests of health and safety that the electrical work is carried out on the equipment while the equipment is energised, or

Example. It may be necessary that life-saving equipment remain energised and operating while electrical work is carried out on the equipment.

(b)  it is necessary that the electrical equipment to be worked on is energised in order for the work to be carried out properly, or

(c)  it is necessary for the purposes of testing required under clause 155, or

(d)  there is no reasonable alternative means of carrying out the work.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  The electrical work that may be carried out under subclause (1) (a), (b) and (d) may include testing of the energised electrical equipment.

158   Preliminary steps

(1)  A person conducting a business or undertaking must ensure the following before electrical work on energised electrical equipment commences:

(a)  a risk assessment is conducted in relation to the proposed electrical work,

(b)  the area where the electrical work is to be carried out is clear of obstructions so as to allow for easy access and exit,

(c)  the point at which the electrical equipment can be disconnected or isolated from its electricity supply is:

(i)  clearly marked or labelled, and

(ii)  clear of obstructions so as to allow for easy access and exit by the worker who is to carry out the electrical work or any other competent person, and

(iii)  capable of being operated quickly,

(d)  the person authorises the electrical work after consulting with the person with management or control of the workplace.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  For the purposes of subclause (1) (a), the risk assessment must be:

(a)  conducted by a competent person, and

(b)  recorded.

Note. Clause 12 permits risk assessments to be conducted, in certain circumstances, to a class of hazards, tasks, things or circumstances.

(3)  Subclause (1) (c) does not apply to electrical work on electrical equipment if:

(a)  the work is to be carried out on the supply side of the main switch on the main switchboard for the equipment, and

(b)  the point at which the equipment can be disconnected from its electricity supply is not reasonably accessible from the work location.

159   Unauthorised access to equipment being worked on

A person conducting a business or undertaking must ensure that only persons authorised by the person conducting the business or undertaking enter the immediate area in which electrical work on energised electrical equipment is being carried out.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

160   Contact with equipment being worked on

A person conducting a business or undertaking must ensure that, while electrical work is being carried out on energised electrical equipment, all persons are prevented from creating an electrical risk by inadvertently making contact with an exposed energised component of the equipment.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

161   How the work is to be carried out

(1)  A person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is carried out:

(a)  by a competent person who has tools, testing equipment and personal protective equipment that:

(i)  are suitable for the work, and

(ii)  have been properly tested, and

(iii)  are maintained in good working order, and

(b)  in accordance with a safe work method statement prepared for the work, and

(c)  subject to subclause (5), with a safety observer present who has the competence and qualifications specified in subclause (4).

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  The person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the person who carries out the electrical work uses the tools, testing equipment and personal protective equipment properly.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(3)  For the purposes of subclause (1) (b), the safe work method statement must:

(a)  identify the electrical work, and

(b)  specify hazards associated with that electrical work and risks associated with those hazards, and

(c)  describe the measures to be implemented to control the risks, and

(d)  describe how the risk control measures are to be implemented, monitored and reviewed.

(4)  For the purposes of subclause (1) (c):

(a)  the safety observer must be competent:

(i)  to implement control measures in an emergency, and

(ii)  to rescue the worker who is carrying out the work, if necessary, and

(b)  the safety observer must have been assessed in the previous 12 months as competent to rescue and resuscitate a person.

(5)  A safety observer is not required if:

(a)  the work consists only of testing, and

(b)  the person conducting the business or undertaking has conducted a risk assessment under clause 158 (1) (a) that shows that there is no serious risk associated with the proposed work.

162   Record keeping

(1)  This clause applies if a person conducting a business or undertaking prepares:

(a)  a risk assessment under clause 158, or

(b)  a safe work method statement under clause 161.

(2)  Subject to subclause (3), the person must keep:

(a)  a copy of the risk assessment until at least 28 days after the work to which it relates is completed, and

(b)  a copy of the safe work method statement until the work to which it relates is completed.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(3)  If a notifiable incident occurs in connection with the work to which the assessment or statement relates, the person must keep the assessment or statement (as applicable) for at least 2 years after the incident occurs.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(4)  The person must ensure that, for the period for which the assessment or statement must be kept under this clause, a copy is readily accessible to any worker engaged by the person to carry out electrical work to which the assessment or statement relates.

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

(5)  The person must ensure that, for the period for which the assessment or statement must be kept under this clause, a copy is available for inspection under the Act.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

Division 5 Electrical equipment and installations and construction work—additional duties

163   Duty of person conducting business or undertaking

(1)  A person conducting a business or undertaking that includes the carrying out of construction work must comply with AS/NZS 3012:2010 (Electrical installations—Construction and demolition sites).

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  For the purposes of subclause (1), AS/NZS 3012:2010 (Electrical installations—Construction and demolition sites) applies as if any term that is defined in that Standard and that is also defined in the Act or this Regulation has the same meaning as it has in the Act or this Regulation.

(3)  If any requirement in AS/NZS 3012:2010 (Electrical installations—Construction and demolition sites) deals with the same matter as a requirement under this Part, it is sufficient that the person conducting the business or undertaking complies with the requirement in AS/NZS 3012:2010 as modified by subclause (2).

Division 6 Residual current devices

164   Use of socket outlets in hostile operating environment

(1)  This clause applies in the following circumstances:

(a)  electrical equipment is used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust,

(b)  electrical equipment is moved between different locations in circumstances where damage to the equipment or to a flexible electricity supply cord is reasonably likely,

(c)  electrical equipment is frequently moved during its normal use,

(d)  electrical equipment forms part of, or is used in connection with, an amusement device.

(2)  In a circumstance set out in subclause (1), a person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that any electrical risk associated with the supply of electricity to the electrical equipment through a socket outlet is minimised by the use of an appropriate residual current device.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(3)  Without limiting subclause (2), the residual current device must have a tripping current that does not exceed 30 milliamps if electricity is supplied to the equipment through a socket outlet not exceeding 20 amps.

(4)  Subclause (2) does not apply if the supply of electricity to the electrical equipment:

(a)  does not exceed 50 volts alternating current, or

(b)  is direct current, or

(c)  is provided through an isolating transformer that provides at least an equivalent level of protection, or

(d)  is provided from a non-earthed socket outlet supplied by an isolated winding portable generator that provides at least an equivalent level of protection.

Notes. 

1   This clause commences on 1 January 2013 (see clause 2 (2)).

2   Residual current devices are also regulated under the Electricity (Consumer Safety) Act 2004.

165   Testing of residual current devices

(1)  A person with management or control of a workplace must take all reasonable steps to ensure that residual current devices used at the workplace are tested regularly by a competent person to ensure that the devices are operating effectively.

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

(2)  The person must keep a record of all testing of a residual current device (other than any testing conducted daily) until the earlier of the following occurs:

(a)  the device is next tested,

(b)  the device is permanently removed from use.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

Division 7 Overhead and underground electric lines

166   Duty of person conducting a business or undertaking

(1)  A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  If it is not reasonably practicable to ensure the safe distance of a person, plant or thing from an overhead or underground electric line, the person conducting the business or undertaking at the workplace must ensure that:

(a)  a risk assessment is conducted in relation to the proposed work, and

(b)  control measures implemented are consistent with:

(i)  the risk assessment, and

(ii)  if an electricity supply authority is responsible for the electric line, any requirements of the authority.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

Note. The Electricity (Consumer Safety) Act 2004 and the Electricity Supply (Safety and Network Management) Regulation 2008 also apply to the person conducting the business or undertaking.

Part 4.8 Diving work

Division 1 Preliminary

167   Purpose of Part 4.8

The purpose of this Part is to impose duties on a person carrying out a business or undertaking at a workplace to ensure:

(a)  the fitness and competence of persons who carry out general diving work and high risk diving work, and

(b)  the health and safety of persons who carry out general diving work and high risk diving work, and

(c)  the health and safety of other persons at workplaces where general diving work or high risk diving work is carried out.

Division 2 General diving work—fitness and competence of worker

168   Person conducting business or undertaking must ensure fitness of workers

(1)  A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work or undergo training for general diving work unless the worker holds a current certificate of medical fitness.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  The person must not direct or allow a worker to carry out general diving work or undergo training for diving work unless the work or training complies with any conditions on the current certificate of medical fitness of the worker.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

169   Certificate of medical fitness

A certificate of medical fitness must:

(a)  be issued by a registered medical practitioner with appropriate training in underwater medicine, and

(b)  state the following:

(i)  the name of the person to whom it is issued,

(ii)  its date of issue and its expiry date,

(iii)  whether or not the person to whom it is issued is, in accordance with the fitness criteria, medically fit to carry out diving work,

(iv)  any conditions in relation to the type of diving work the person to whom it is issued is fit to carry out, or the circumstances in which the person is fit to carry out general diving work, including, in the case of a person who is under 18 years of age, any particular conditions applicable to the age of the person.

170   Duty to keep certificate of medical fitness

A person conducting a business or undertaking at a workplace must keep the certificate of medical fitness of a worker who carries out general diving work for 1 year after the work is carried out.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

171   Competence of worker—general diving work

A person must not carry out general diving work (other than incidental diving work and limited scientific diving work) unless:

(a)  the person has 1 or more of the following qualifications:

(i)  a statement of attainment for a specified VET course for general diving work that includes the type of general diving work to be carried out by the person,

(ii)  a certificate for general diving work, issued by a training organisation, that mentions the subject areas covered in AS/NZS 4005.2:2000 (Training and certification of recreational divers—Recreational SCUBA dive supervisor), and

(b)  the person has, through training, qualification or experience, acquired sound knowledge and skill in relation to the following:

(i)  the application of diving physics,

(ii)  the use, inspection and maintenance of diving equipment (including emergency equipment) and air supply of the type to be used in the proposed general diving work,

(iii)  the use of decompression tables or dive computers,

(iv)  dive planning,

(v)  ways of communicating with another diver and with persons at the surface during general diving work,

(vi)  how to safely carry out general diving work of the type proposed to be carried out,

(vii)  diving physiology and first aid.

Note. See section 44 of the Act.

172   Competence of worker—incidental diving work

(1)  A person must not carry out incidental diving work unless the person has:

(a)  the training, qualification or experience referred to in clause 171 (b), and

(b)  relevant diving experience.

Note. See section 44 of the Act.

(2)  In this clause, a person has relevant diving experience if the person has logged at least 15 hours of diving, of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the diving work is to be carried out.

173   Competence of worker—limited scientific diving work

(1)  A person who is not permanently resident in Australia must not carry out limited scientific diving work unless the person has:

(a)  the training, qualification or experience referred to in clause 171 (b), and

(b)  relevant diving experience, including relevant diving experience obtained outside Australia.

Note. See section 44 of the Act.

(2)  In this clause, a person has relevant diving experience if the person has logged at least 60 hours diving of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the limited scientific diving work is to be carried out.

174   Competence of competent person supervising general diving work

A person appointed under clause 177 must not perform any function associated with that appointment unless the person has:

(a)  the qualification specified in clause 171 (a), and

(b)  experience in the type of diving work to be supervised.

Note. See section 44 of the Act.

175   Evidence of competence—duty of person conducting business or undertaking

(1)  A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work unless the person sees written evidence provided by the worker that the worker has the relevant competence required under this Division.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(2)  A person conducting as business or undertaking at a workplace must not direct or allow a person appointed under clause 177 to perform any of the functions associated with that appointment unless the person conducting the business or undertaking sees written evidence provided by the person appointed that the person appointed has the competence required under clause 174.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(3)  A person conducting a business or undertaking must keep the written evidence given to the person:

(a)  under subclause (1)—for at least 1 year after the diving work is carried out,

(b)  under subclause (2)—for at least 1 year after the last occasion on which the person performs a function associated with the appointment.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

Division 3 Managing risks—general diving work

176   Management of risks to health and safety

(1)  A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with general diving work, in accordance with Part 3.1.

Note. WHS Act—section 19 (see clause 9).

(2)  A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purposes of subclause (1).

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

(3)  The person must ensure that a risk assessment conducted under subclause (2) is recorded in writing.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

177   Appointment of competent person to supervise diving work

A person conducting a business or undertaking at a workplace must appoint 1 or more competent persons to:

(a)  supervise general diving work carried out in the business or undertaking, and

(b)  perform other functions under this Division.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

Note. See clause 174 for the qualifications of the competent person.

178   Additional control—dive plan

(1)  A person conducting a business or undertaking at a workplace must not direct or allow general diving work to be carried out unless a dive plan for the dive:

(a)  is prepared by a competent person appointed under clause 177, or

(b)  has been prepared by a competent person appointed under clause 177 on an earlier occasion for a similar dive.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  A dive plan must state the following:

(a)  the method of carrying out the diving work to which it relates,

(b)  the tasks and duties of each person involved in the dive,

(c)  the diving equipment, breathing gases and procedures to be used in the dive,

(d)  as applicable, dive times, bottom times and decompression profiles,

(e)  hazards relating to the dive and measures to be implemented in the control of risks associated with those hazards,

(f)  emergency procedures.

179   Dive plan must be complied with

(1)  A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that general diving work is carried out in accordance with the dive plan prepared for it.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  A person conducting a business or undertaking must ensure that a competent person appointed by the person under clause 177 gives workers instruction in relation to the dive plan before commencing the diving work to which the plan relates.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

180   Additional control—dive safety log to be kept

A person conducting a business or undertaking at a workplace where general diving work is carried out must keep a dive safety log that contains the following information about each dive carried out by a worker:

(a)  the name of the worker who carries out the dive,

(b)  the name of any other person with whom the dive is carried out,

(c)  the name of the competent person appointed under clause 177 to supervise the diving work,

(d)  the date and location of the dive,

(e)  the time each diver enters and leaves the water,

(f)  the maximum depth of the dive,

(g)  any incident, difficulty, discomfort or injury that occurs or is experienced during the dive,

(h)  if the dive was carried out using a dive computer—the dive time,

(i)  if the dive was carried out using dive tables—the repetitive dive group, if available, and either the bottom time or the dive time,

(j)  if the repetitive group and surface interval result in a repetitive factor—the surface interval and the repetitive factor,

(k)  if the dive is carried out using EANx:

(i)  the oxygen content of the EANx, and

(ii)  the maximum operating depth of the EANx,

(l)  if the dive is carried out using mixed gas:

(i)  the oxygen content and the nitrogen content (if any) of the gas, and

(ii)  the maximum operating depth of the mixed gas, and

(iii)  the minimum operating depth of the bottom mix.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

181   Use of dive safety log

(1)  This clause applies to a person conducting a business or undertaking at a workplace where general diving work is carried out.

(2)  The person conducting the business or undertaking must ensure that, after each dive carried out in connection with the general diving work is completed, the return of each diver is verified in the dive safety log, as soon as practicable after the return, by:

(a)  the diver, and

(b)  a competent person appointed under clause 177 to supervise the diving work.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(3)  If workers are carrying out general diving work from a vessel, the person conducting the business or undertaking must ensure that a competent person appointed under clause 177 to supervise the diving work makes and verifies entries in the dive safety log of the number of workers and other persons on board the vessel:

(a)  before the diving work commences, and

(b)  before the vessel leaves the location after the diving work is completed.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(4)  The person conducting the business or undertaking must ensure that the dive safety log is kept for at least 1 year after the last entry is made.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(5)  In this clause, an event is verified in the dive safety log:

(a)  by signing, or

(b)  if the log is electronic, by entering the verifier’s unique identifier.

182   Record keeping

(1)  This clause applies if a person conducting a business or undertaking prepares:

(a)  a risk assessment under clause 176, or

(b)  a dive plan under clause 178.

(2)  Subject to subclause (3), the person must keep:

(a)  a copy of the risk assessment until at least 28 days after the work to which it relates is completed, and

(b)  a copy of the dive plan until the work to which it relates is completed.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(3)  If a notifiable incident occurs in connection with the work to which the assessment or dive plan relates, the person must keep the assessment or dive plan (as applicable) for at least 2 years after the incident occurs.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

(4)  The person must ensure that, for the period for which the assessment or dive plan must be kept under this clause, a copy is readily accessible to any worker engaged by the person to carry out the work to which the assessment or dive plan relates.

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

(5)  The person must ensure that, for the period for which the assessment or dive plan must be kept under this clause, a copy is available for inspection under the Act.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

Division 4 High risk diving work

183   Duties of person conducting business or undertaking

A person conducting a business or undertaking at a workplace where high risk diving work is carried out must ensure that the following are in accordance with AS/NZS 2299.1:2007 (Occupational diving operations—Standard operational practice):

(a)  the fitness of persons carrying out the work,

(b)  the competence of persons carrying out the work,

Note. See section 44 of the Act.

(c)  the carrying out of the work.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

184   Duty of worker—competence

A person must not carry out high risk diving work unless the person has the qualifications, knowledge, skills and experience required by AS/NZS 2299.1:2007 (Occupational diving operations—Standard operational practice) for work of the kind to be carried out by the person.

Note. See section 44 of the Act.