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Contents (2001 - 648)
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Occupational Health and Safety Regulation 2001
Repealed version for 7 June 2011 to 31 December 2011 (accessed 24 August 2019 at 02:25)
Chapter 11
Chapter 11 Permits for certain work
Part 11.1 Preliminary
331   Definitions
In this Chapter:
asbestos means the fibrous form of those mineral silicates that belong to the serpentine or amphibole groups of rock-forming minerals, including actinolite, amosite (brown asbestos), anthophyllite, chrysotile (white asbestos), crocidolite (blue asbestos) and tremolite.
demolition work means demolition work (as defined in Chapter 10) that:
(a)  is carried out by means of:
(i)  pushing or pulling using a mobile crane, or
(ii)  a crane using a demolition ball, or
(b)  involves the demolition of a building (or part of a building) that is more than 4 metres in height and that involves pulling with ropes or chains or similar means, or
(c)  involves the demolition of a building by means of explosives.
friable asbestos material means any material that contains asbestos and is in the form of a powder or can be crumbled, pulverised or reduced to powder by hand pressure when dry.
friable asbestos removal work means work in which friable asbestos material is removed, repaired or disturbed, other than:
(a)  work done by a person, at the person’s usual place of business, at a frequency of one hour per week or less, or
(b)  work done for the purpose only of obtaining a sample of asbestos for identification.
permit means a permit to do demolition work or friable asbestos removal work granted and in force under this Chapter.
Note.
 Certain former permissions and permits are taken to be permits granted under this Chapter. See Part 11.4.
Part 11.2 Permits required for demolition or friable asbestos removal work
332   Demolition work or friable asbestos removal work not to be done without a permit
(1)  A person must not do demolition work or friable asbestos removal work otherwise than in accordance with a permit.
(2)  A person does not contravene subclause (1) if the person is doing the work as an employee.
(3)  A person must not:
(a)  contravene the conditions of a permit, or
(b)  direct or allow another person to contravene the conditions of a permit.
Maximum penalty: Level 3.
Part 11.3 Provisions relating to permits
Note.
 A decision of WorkCover to refuse an application for a permit, to impose conditions on a permit or to suspend or cancel a permit under this Part is subject to review by the Administrative Decisions Tribunal (also note that a failure to determine an application within 7 days (or 21 days in the case of demolition work involving explosives) is taken to be a refusal). See Chapter 12.
333   Applications for permits
(1)  An application for a permit to do demolition work or friable asbestos removal work:
(a)  must be in the approved form, and
(b)  may be made only by the holder of a licence granted under Chapter 10 in respect of work of that kind, and
(c)  must specify the nature and extent of the work to be done and the method by which the applicant proposes to do the work, and
(d)  must, if the work is the demolition of a building (or part of a building) that is more than 4 metres in height and the demolition work involves pulling with ropes or chains or similar means, be accompanied by a risk assessment and such other documents as WorkCover may require, and
(e)  must specify the estimated cost of doing the work, and
(f)  must be accompanied by the fee fixed for the time being by WorkCover to cover the administrative costs of WorkCover in connection with the regulation of the holders of permits of the class concerned, and
(g)  must be lodged in a manner approved by WorkCover at least 7 days (or 21 days in the case of demolition work involving the use of explosives) before the work is due to commence.
(2)  An application by persons who do work in partnership may be made by any one or more of those persons.
334   Determination of applications
(1)  After considering an application, WorkCover:
(a)  may grant the permit to which the application relates, either unconditionally or subject to conditions, or
(b)  may refuse the application.
(2)  If an application is refused, WorkCover must ensure that written notice of the refusal, and of the reasons for the refusal, are given to the applicant.
(3)  A permit is to be in the approved form.
335   Term of permits
(1)  A permit has effect for such period as may be specified in the permit.
(2)  A permit ceases to have effect while it is suspended or if it is cancelled.
336   Amendment of conditions of permits
(1)  WorkCover, on the application of the holder of a permit or on its own initiative:
(a)  may amend or cancel any condition to which the permit is subject, or
(b)  may impose further conditions on the permit.
(2)  An amendment to a condition, or a further condition, takes effect on the date on which notice of the amendment or further condition is given to the holder of the permit or on such later date as may be specified in the notice.
337   Permits to be displayed
A person who does demolition work or friable asbestos removal work at any place must cause a copy of the relevant permit to be displayed at that place while the work is being done.
Maximum penalty: Level 1.
338   Suspension and cancellation of permits
(1)  WorkCover may suspend or cancel a permit if satisfied that the holder of the permit:
(a)  has made a statement, in or in connection with an application under this Regulation, that the holder knew, when the statement was made, to be false or misleading in a material particular, or
(b)  has done demolition work or friable asbestos removal work in such a manner as to expose any person (including any of his or her employees or agents) to a health or safety risk from the work that could reasonably have been avoided, or
(c)  has contravened a condition of the permit, or
(d)  has failed to comply with the requirements of an improvement notice or prohibition notice issued under this Regulation, or
(e)  has been convicted of an offence against the Act or any regulation (including this Regulation) under the Act.
(2)  Before suspending or cancelling a permit, WorkCover:
(a)  must cause notice of the proposed suspension or cancellation to be given to the holder of the permit, and
(b)  must give the holder of the permit a reasonable opportunity to make representations to WorkCover in relation to the proposed suspension or cancellation, and
(c)  must have regard to any representations so made.
(3)  The suspension or cancellation of a permit takes effect on the date on which notice of the suspension or cancellation is given to the holder of the permit or on such later date as may be specified in the notice.
339   Cancelled permits to be returned to WorkCover
The holder of a cancelled permit must return the permit to WorkCover within such period as may be specified in the notice of cancellation given to the holder.
Maximum penalty: Level 1.
Part 11.4 Savings and transitional provisions
340   Savings and transitional provisions
(1)  A written permission to do demolition work given under Regulation 84AB or 84AH of the Construction Safety Regulations 1950 and in force immediately before the repeal of those Regulations is taken to be a permit granted under this Chapter to do the same work.
(2)  A permit to do friable asbestos removal work granted under the Occupational Health and Safety (Asbestos Removal Work) Regulation 1995 and in force immediately before the repeal of that Regulation is taken to be a permit granted under this Chapter to do the same work.