Occupational Safety and Health Amendment Regulations (No. 2) 2005 (WA)

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26 July 2005 GOVERNMENT GAZETTE, WA 3403
WORKSAFE
WS301*
Occupational Safety and Health Act 1984

Occupational Safety and Health Amendment
Regulations (No. 2) 2005

Made by the deputy of the Governor in Executive Council.
1.             Citation

These regulations are the Occupational Safety and Health
Amendment Regulations (No. 2) 2005.
2.             The regulations amended

The amendment in these regulations is to the Occupational
Safety and Health Regulations 1996*.
[* Reprint 3 as at 9 July 2004.
For amendments to 28 June 2005 see Western Australian
Legislation Information Tables for 2004, Table 4, p. 271 and
Gazette 7 January, 4 March and 1 April 2005.]
3.             Part 3 Division 11 inserted
After regulation 3.134 the following Division is inserted —

“
Division 11 — Construction industry safety awareness
training obligations

3.135. Definitions
In this Division —
“approved safety awareness training course”
means —

(a)

a safety awareness training course accredited under section 27 of the Vocational Education and Training Act 1996; or

(b)

a course accredited by the Commission under section 14(1)(h) of the Act for the purposes of this Division;
“current”, in relation to a safety awareness training
certificate, has the meaning given in
regulation 3.136(5);
“employee” includes a person who, under section 23D,
23E or 23F of the Act, is treated as an employee
for purposes set out in the section;

3404

GOVERNMENT GAZETTE, WA

26 July 2005

“employer” includes a person who, under section 23D,
23E or 23F of the Act, is treated as an employer
for purposes set out in the section;

“safety awareness training certificate” means a

certificate that —

(a) was issued by the provider of an approved safety awareness training course to a person named in the certificate; and
(b) certifies that on the date specified in the
certificate the person satisfactorily
training course;
“safety awareness training course” means a training course that includes at least 4 hours of instruction in —

(a)

the rights and responsibilities under the Act and these regulations of persons who do construction work or employ persons who do such work;

(b)

the hazards to which a person is likely to be exposed while doing construction work at a workplace; and

(c)

how to apply risk control principles when doing construction work at the workplace;

“safety training induction certificate” means a

certificate showing that, before
31 December 2005, the holder of the certificate
completed an induction course in safety awareness
for construction work.

3.136. Safety awareness training requirements

(1) During the period beginning on 1 January 2007 and
ending on 31 December 2007, an employee or a
self-employed person must not do construction work at
the workplace unless the employee or self-employed
person holds —

(a) a safety training induction certificate; or
(b) a current safety awareness training certificate.
Penalty: the regulation 1.15 penalty.

(2) During the period beginning on 1 January 2007 and
ending on 31 December 2007, an employer, a main
contractor or a person having control of the workplace
must not permit an employee or a self-employed
person to do construction work at the workplace unless
the employee or self-employed person holds —

(a) a safety training induction certificate; or
(b) a current safety awareness training certificate.

26 July 2005 GOVERNMENT GAZETTE, WA 3405

Penalty: the regulation 1.15 penalty.

(3) On or after 1 January 2008, an employee or a
self-employed person must not do construction work at
the workplace unless the employee or self-employed
person holds a current safety awareness training
certificate.
Penalty: the regulation 1.15 penalty.
(4) On or after 1 January 2008, an employer, a main
contractor or a person having control of the workplace
must not permit an employee or a self-employed
person to do construction work at the workplace unless
the employee or self-employed person holds a current
safety awareness training certificate.
Penalty: the regulation 1.16 penalty.
(5) For the purposes of this Division —

(a)

a safety awareness training certificate issued for an approved safety awareness training course that was completed by the holder of the certificate after the commencement of this Division but before 1 January 2007 remains current until 31 December 2009; and

(b)

a safety awareness training certificate issued for an approved safety awareness training course that was completed by the holder of the certificate on or after 1 January 2007 remains current for 3 years after the day on which the course was completed.

”.

By Command of the deputy of the Governor,

G. M. PIKE, Clerk of the Executive Council.

———————————

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Occupational Safety and Health Amendment Regulations (No. 2) 2005 (WA)

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(a)	a safety awareness training course accredited under section 27 of the Vocational Education and Training Act 1996; or
(b)	a course accredited by the Commission under section 14(1)(h) of the Act for the purposes of this Division;

(a)	was issued by the provider of an approved safety awareness training course to a person named in the certificate; and
(b)	certifies that on the date specified in the certificate the person satisfactorily

(a)	the rights and responsibilities under the Act and these regulations of persons who do construction work or employ persons who do such work;
(b)	the hazards to which a person is likely to be exposed while doing construction work at a workplace; and
(c)	how to apply risk control principles when doing construction work at the workplace;

3.136.	Safety awareness training requirements
(1)	During the period beginning on 1 January 2007 and ending on 31 December 2007, an employee or a self-employed person must not do construction work at the workplace unless the employee or self-employed person holds —

(a)	a safety training induction certificate; or
(b)	a current safety awareness training certificate.

(3)	On or after 1 January 2008, an employee or a self-employed person must not do construction work at the workplace unless the employee or self-employed person holds a current safety awareness training certificate.
Penalty: the regulation 1.15 penalty.
(4)	On or after 1 January 2008, an employer, a main contractor or a person having control of the workplace must not permit an employee or a self-employed person to do construction work at the workplace unless the employee or self-employed person holds a current safety awareness training certificate.
Penalty: the regulation 1.16 penalty.
(5)	For the purposes of this Division —

(a)	a safety awareness training certificate issued for an approved safety awareness training course that was completed by the holder of the certificate after the commencement of this Division but before 1 January 2007 remains current until 31 December 2009; and
(b)	a safety awareness training certificate issued for an approved safety awareness training course that was completed by the holder of the certificate on or after 1 January 2007 remains current for 3 years after the day on which the course was completed.