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Contents (2011 - 674)
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Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 23 September 2017 at 17:27)
Chapter 4
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)  LAeq,8h of 85 dB(A), or
(b)  LC,peak of 140 dB(C).
(2)  In this clause:
LAeq,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).
LC,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 is not required to be licensed to carry out the work if the work is carried out:
(a)  in the course of training towards a certification in order to be licensed to carry out the high risk work, and
(b)  under the supervision of a person who is licensed to carry out the high risk work.
(1A)  A person who holds a certification in relation to a specified VET course for high risk work is not required to be licensed to carry out the work:
(a)  for 60 days after the certification is issued, and
(b)  if the person applies for the relevant high risk work licence within that 60-day period, until:
(i)  the person is granted the licence, or
(ii)  the expiry of 28 days after the person is given written notice under clause 91 (2) of a decision to refuse to grant the licence.
(1B)  A person who carries out high risk work is not required to be licensed to carry out the work if the work is carried out while an accredited assessor is conducting an assessment of the person’s competency in relation to the work.
(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 includes operating the plant in order to load the plant onto, or unload it from, a vehicle or equipment used to move it.
(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) 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 in the circumstances referred to in clause 82 (1) unless the person sees written evidence provided by the worker that the worker is undertaking the course of training referred to in clause 82 (1) (a).
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(2A)  A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in clause 82 (1A) unless the person sees written evidence provided by the worker that the worker:
(a)  in the circumstances referred to in clause 82 (1A) (a)—holds a certification referred to in clause 82 (1A), and
(b)  in the circumstances referred to in clause 82 (1A) (b):
(i)  holds a certification referred to in clause 82 (1A), and
(ii)  has applied for the relevant licence within the period referred to in clause 82 (1A) (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) 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 a record of the written evidence provided:
(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 photograph of the applicant in the form required by the regulator,
(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 specified VET course, or each of the specified VET courses, for 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).
91A   Conditions of licence
(1)  The regulator may impose any conditions it considers appropriate on a high risk work licence.
(2)  Without limiting subclause (1), the regulator may impose conditions in relation to one or more of the following:
(a)  control measures that must be implemented in relation to the carrying out of work or activities under the licence,
(b)  the circumstances in which work or activities authorised by the licence may be carried out.
(3)  The regulator must give the licence holder written notice of any conditions imposed on the licence.
Notes.
 
1   
A person must comply with the conditions of a licence (see section 45 of the Act).
2   
A decision to impose a condition on 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 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)  if required by the regulator, a photograph of the applicant in the form required by