Occupational Safety and Health Amendment Regulations (No. 3) 2005 (WA)

4 March 2005 GOVERNMENT GAZETTE, WA 881

WORKSAFE

NVS301*

Occupational Safety and Health Act 1984

Occupational Safety and Health Amendment

Regulations (No. 3) 2005

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Occupational Safety and Health
Amendment Regulations (No. 3) 2005.

2.            The regulations amended

The amendments in these regulations are to the Occupational
Safety and Health Regulations 1996*.

[* Reprint 3 as at 9 July 2004.

For amendments to 22 February 2005 see Gazette

22 October and 14 December 2004.]

introductory course.

3.             Regulation 2.2 amended

(1) Regulation 2.2(1) is repealed and the following subregulation is

inserted instead —

44

(1) This regulation applies where, under section 14(1)(h)

of the Act, the Commission —

(a)	accredits a training course designed for safety and health representatives to attend, subject to course availability, during the first year of holding office; or
(b)	accredits a training course designed to update the knowledge of safety and health representatives who have completed an

882 GOVERNMENT GAZETTE, WA 4 March 2005

(2) Regulation 2.2(2) is amended as follows:

(a) by deleting the definition of "introductory course" and

inserting instead -

"

"introductory course" means a course of a kind

referred to in subregulation (1)(a) accredited as

referred to in that provision;

(b)	by deleting the full stop at the end of the definition of "representative" and inserting instead a semicolon;
(c)	by inserting after the definition of "representative" the following definition -

"transitional course" means a course of a kind

referred to in subregulation (1)(b) accredited as

referred to in that provision.

(3) Regulation 2.2(4) is amended as follows:

(a)	by deleting ", not less than 21 days, or such shorter period as has been agreed between the representative and his or her employer, before the commencement of an introductory course,";
(b)	by inserting after "in writing" -

66

in accordance with subregulation (4b)

(c) by deleting "the course." and inserting instead -

46 an introductory course.

(4) After regulation 2.2(4) the following subregulations are

inserted -

(4a)	A representative who has previously attended an
March 2005 may, if the representative has not introductory course but completed it before
completed a transitional course after February 2005, give to his or her employer notice in writing in accordance with subregulation (4b) that the representative wishes to attend a transitional course.
(4b)	Notice under subregulation (4) or (4a) that a representative wishes to attend a course has to be given not less than 21 days, or a shorter period agreed between the representative and the employer, before the commencement of the course.

(5) Regulation 2.2(5) is amended as follows:

(a) by deleting "in accordance with subregulation (4)" and

inserting instead -

under subregulation (4) or (4a) ";

4 March 2005 GOVERNMENT GAZETTE, WA 883

(b) by deleting "an introductory" and inserting instead -

6f 9

a

(6) Regulation 2.2(6) is amended as follows:

(a) by inserting after "subregulation (4)" -

46 or (4a) ";

(b)	by deleting "an introductory" and inserting instead -
4f 9

a

(7) Regulation 2.2(7) is amended as follows:

(a) by deleting "introductory";

(b) by deleting "such course" and inserting instead - " course of the same kind ".

(8) Regulation 2.2(8) is amended by inserting after "introductory

course" -

44

or a transitional course ".

(9) Regulation 2.2(10) is amended by inserting after "introductory

course" -

44

or a transitional course

4. Regulation 2.813 inserted
After regulation 2.8A. the following regulation is inserted -

2.813.	Training courses for "qualified representative" under section SlAB
(1)	Each course of training described in subregulation (2) is prescribed for the purposes of the definition of "qualified representative" in section 5 lAB.
(2)	The prescribed courses are -

(a)	a course that was an introductory course, as defined in regulation 2.2(2), and that the safety and health representative completed after February 2005; and
(b)	defined in regulation 2.2(2), and that the safety and health representative completed after February 2005 after having, before March 2005, completed a course that was an a course that was a transitional course, as regulation 2.2(2).

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.