Occupational Safety and Health Amendment Regulations (No. 3) 2007 (WA)
!200700171GG!
WESTERN 4255 AUSTRALIAN GOVERNMENT
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PERTH, FRIDAY, 24 AUGUST 2007 No. 171 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.15 PM
© STATE OF WESTERN AUSTRALIA
OCCUPATIONAL SAFETY AND HEALTH ACT 1984
_________
OCCUPATIONAL SAFETY AND
HEALTH AMENDMENT
REGULATIONS (No. 3) 2007
24 August 2007 GOVERNMENT GAZETTE, WA 4257
Occupational Safety and Health Act 1984
Occupational Safety and Health Amendment
Regulations (No. 3) 2007
Made by the Governor in Executive Council.
1. Citation
These regulations are the Occupational Safety and Health
Amendment Regulations (No. 3) 2007.
2. Commencement
These regulations come into operation as follows:
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on 1 October 2007.
3. The regulations amended
The amendments in these regulations are to the Occupational
Safety and Health Regulations 1996.
4. Regulation 1.3 amended
Regulation 1.3 is amended as follows:
(a) by deleting the definition of “boiler”; (b) by inserting in the appropriate alphabetical position — “
“high risk work licence” has the meaning given in
regulation 6.1(1);
”.
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5. Regulation 3.68 amended
Regulation 3.68 is amended by deleting “A person who is the
main contractor at a workplace or, if there is not a main
contractor,” and inserting instead —“ A person who is the main contractor at a workplace, and ”.
6. Regulation 3.72 amended
(1) Regulation 3.72(1) is repealed and the following subregulations
are inserted instead —“
(1) In this regulation — “licensed person”, in relation to a scaffold, means a person who holds a high risk work licence
authorising the person to do scaffolding workinvolving that type of scaffold.
(1a) If, at a workplace, there is erected a scaffold from
which a person or object could fall more than 4 metres,
the person who is the main contractor and the person
who caused the scaffold to be erected must ensure that
the scaffold is inspected by a licensed person and
tagged during the inspection in accordance with
subregulation (2) —
(a) before the scaffold is used; and (b) after the scaffold is altered or repaired; and (c) at least every 30 days.
Penalty for a person who commits the offence as an
employee: the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
(1b) A person does not commit an offence under
subregulation (1a) in relation to a scaffold if the
scaffold, instead of being inspected by a licensed
person, is inspected by a person who may, under Part 7
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Division 2, do scaffolding work involving that type of scaffold without holding a high risk work licence.
(1c) Nothing in subregulation (1b) is to be taken to affect
any other requirement under subregulation (1a).”.
(2) Regulation 3.72(2) is amended by deleting “For the purposes of
subregulation (1), the” and inserting instead —“ The ”. 7. Regulation 4.54 amended
(1) Regulation 4.54(1) is amended as follows:
(a) by deleting the definition of “certificate of competency”; (b)
in the definition of “dogger” by deleting “certificate of competency as a dogger;” and inserting instead —
“
high risk work licence authorising the person to do
dogging work;
”;
(c)
in the definition of “rigger” by deleting “certificate of competency as a rigger;” and inserting instead —
“
high risk work licence authorising the person to do rigging
work involving cranes;
”.
(2) Regulation 4.54(2) is repealed and the following subregulation
is inserted instead —“
(2) Before a person rides in a work box suspended from a
crane at a workplace, each responsible person must
ensure that the rider has been given a written
document, signed by each responsible person and the
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driver of the crane, describing the safety measures that
the rider must observe while riding in the box.
”.
(3) Regulation 4.54(7) is amended as follows:
(a) after paragraph (a)(i) by inserting — “ or ”;
(b) after paragraph (a) by inserting — “ and ”;
(c) in paragraph (c) by deleting “competent person” and “
person who holds a high risk work licence authorising the person to do rigging work involving multi-crane hoisting and
”.
(4) After regulation 4.54(12) the following subregulations are
inserted —“
(13) A person does not commit an offence under
subregulation (7) in relation to a crane if the hoisting,
instead of being supervised by a person who holds the
required licence, is supervised by a person who may,
under Part 7 Division 2, do rigging work involving
multi-crane hoisting without holding a high risk work
licence.(14) A person does not commit an offence under
subregulation (8), (9), (10) or (11) —
(a)
in relation to a requirement to ensure that one or more doggers are involved — if, instead of a dogger being involved, a person who may, under Part 7 Division 2, do dogging work
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without holding a high risk work licence is
involved; and
(b) in relation to a requirement to ensure that one or more riggers are involved — if, instead of a rigger being involved, a person who may, under Part 7 Division 2, do rigging work involving cranes without holding a high risk work licence is involved.
(15) The requirement under subregulation (10a)(b) is to be
taken to have been met if the operator of the crane,
instead of being a dogger, is a person who may, under
Part 7 Division 2, do dogging work without holding a
high risk work licence.(16) Nothing in subregulation (13), (14) or (15) is to be
taken to affect any other requirement under
subregulation (7), (8), (9), (10), (10a) or (11).”.
8. Regulation 4.55 amended
(1) Regulation 4.55(1) is repealed. (2) Regulation 4.55(2) is amended by deleting paragraph (a) and
“and” after it and inserting instead —“
(a)
by a person who is trained or being trained in the operation of that type of truck and who has reached 17 years of age; and
”.
(3) Regulation 4.55(3) is repealed. (4) Regulation 4.55 is amended by deleting the penalty clause and
inserting instead —“ Penalty: the regulation 1.16 penalty. ”.
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9. Part 6 replaced
Part 6 is repealed and the following Part is inserted instead —
“ Part 6 — Performance of high risk work
Division 1 — Preliminary
6.1. Terms used in this Part
(1) In this Part — “assessor” means a person registered under Division 3; “former regulations” means these regulations as in force immediately before the Occupational Safety and Health Amendment Regulations (No. 3) 2007 regulation 9 came into operation;
“high risk work” means work of a class —
(a) listed in column 2 of the Table in Schedule 6.3 clause 3, 5, 7, 9 or 11; and (b) described in column 3 of the Table; “high risk work (interstate) licence” means a licence granted under a law of another State or a Territory that the Commissioner recognises as
corresponding to the law set out in this Part;
“high risk work (WA) licence” means a licence
granted under Division 2;
“high risk work licence” means —
(a) a high risk work (WA) licence; or (b) a high risk work (interstate) licence; “notice of satisfactory assessment” means a
document issued by an assessor containing
information to the effect that the person named in
the document is competent to do high risk work of
the class specified in the document;
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“qualification or statement of attainment” means a
document issued by a registered training
organisation containing information to the effect
that the person named in the document —
(a)
has received training from the organisation in the performance of high risk work of the class specified in the document; and
(b) is competent to do that work; “registered training organisation” means an
organisation registered by a body established
under a law of a State or a Territory to register
organisations that provide vocational educationand training;
“vocational education and training” has the meaning
given in the Vocational Education and Training
Act 1996 section 5.
(2) In this Part, an application is “finalised” —
(a)
when, in the ordinary course of events, notice of the Commissioner’s decision on the application would have been received by the applicant; or
(b)
when the applicant withdraws or is taken to have withdrawn the application.
(3)
In this Part, a person “holds”, and is a “holder” of, a high risk work licence for a class of high risk work if the person is authorised under the licence to do high risk work of that class.
6.2. Requirement to hold high risk work licence to do
high risk work
(1) A person must not do high risk work of a particular
class unless the person holds a high risk work licence
for that class of work.
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Penalty: the regulation 1.15 penalty.
(2) Subregulation (1) does not apply to a person who does
high risk work of a particular class if —
(a) the person — (i) is enrolled with a registered training organisation to do training in the work; and
(ii) is being supervised by a person who holds a high risk work licence for that class of work;
or
(b) the person’s competency to do the work is being assessed by an assessor; or (c) the person has a notice of satisfactory assessment for that class of work which was issued to the person not more than 60 days before; or (d) the person has applied under Division 2 for a licence for that class of work and the application has not been finalised; or (e) the person has applied under Division 2 for variation of a licence seeking authority to do work of that class and the application has not been finalised; or (f) the equipment with which the person is doing the work is being used or operated — (i) in the course of its manufacture, maintenance or repair; and
(ii) at the workplace at which it is being manufactured, maintained or repaired; and
(iii) without a load.
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(3) A person who, at a workplace, is an employer, the main
contractor, a self-employed person, a person having
control of the workplace or a person having control of
access to the workplace must not direct or allow
another person (the “worker”) to do high risk work of
a particular class if, by doing the work, the worker
would commit an offence under subregulation (1).Penalty: the regulation 1.16 penalty.
6.3. Certain equipment not to be left unattended while
in use
(1) In this regulation — “licensed person”, in relation to a type of prescribed equipment, means a person who holds a high risk work licence authorising the person to do high risk
work of a class that involves the use of that type of
prescribed equipment;
“prescribed equipment” means —
(a)
a crane or a hoist of a type (including a vehicle-mounted concrete placing boom but excluding a boom-type elevating work platform) the use of which constitutes, or is included in, high risk work of a class listed in column 3 of the Table in Schedule 6.3 clause 7; or
(b)
a pressure equipment of a type the use of which constitutes, or is included in, high risk work of a class listed in column 3 of the Table in Schedule 6.3 clause 11;
“use” has the same meaning as in Schedule 6.3.
(2) A licensed person using a type of prescribed equipment
must not leave the equipment while it is in use unless
another licensed person has taken over control of it.
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Penalty for a person who commits the offence as an
employee:
(a) for a first offence, $5 000; and (b) for a subsequent offence, $6 250.
Penalty in any other case:
(a) for a first offence, $25 000; and (b) for a subsequent offence, $31 250. Division 2 — Licences
6.4. Term used in this Division In this Division, unless the contrary intention
appears —“licence” means a high risk work (WA) licence. 6.5. Applications for grant of licences
(1) An application for a licence for one or more classes of
high risk work must be made to the Commissioner in
an approved form and be accompanied by the
application fee set out in Schedule 6.4.(2) After receiving an application the Commissioner may
in writing direct the applicant to provide additional
information within the period specified in the direction.(3)
If an applicant fails to comply with a direction under subregulation (2), the applicant is to be taken to have withdrawn the application.
6.6. Decision to grant licence
(1) In this regulation — “certificate of competency” has the meaning that was given in regulation 6.1(1) of the former regulations and includes a certificate of competency treated
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under regulation 7.10 of those regulations as a
certificate of competency for the purposes ofPart 6 of those regulations.
(2) After receiving an application made under
regulation 6.5 the Commissioner may grant the licence
authorising the applicant to do high risk work of a class
to which the application relates if —
(a) the applicant has reached 18 years of age; and (b)
the Commissioner is satisfied that the applicant is competent to do high risk work of that class.
(3)
Matters to be considered by the Commissioner when determining whether an applicant is competent to do high risk work of a particular class include —
(a)
whether the applicant has recently been issued a notice of satisfactory assessment for that class of work; and
(b)
whether the applicant has recently been issued a qualification or statement of attainment for that class of work; and
(c)
whether the applicant holds a high risk work (interstate) licence for that class of work.
(4) The Commissioner may refuse to grant the licence if —
(a) the applicant previously held a high risk work licence, and — (i) the licence was cancelled; or
(ii) the authority under the licence to do high risk work of a class was suspended or cancelled;
or
(b)
the applicant previously held a certificate of competency and the certificate was suspended or cancelled, either wholly or in part; or
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(c)
the applicant was previously convicted of an offence relating to the performance of work of a kind included in a class of high risk work.
(5) If an applicant for a licence for a class of high risk
work is authorised under a high risk work (interstate)
licence to do work of that class, the Commissioner
must ensure that that authority is cancelled by the State
or Territory that granted the interstate licence before a
licence is granted under this Division for that class of
work.
6.7. Applications for variation of licences
(1) The holder of a licence may apply for variation of the
licence seeking authority to do high risk work of one or
more additional classes.(2) An application for variation of a licence must be made
to the Commissioner in an approved form and be
accompanied by the application fee set out in
Schedule 6.4.(3) After receiving an application the Commissioner may
in writing direct the applicant to provide additional
information within the period specified in the direction.(4)
If an applicant fails to comply with a direction under subregulation (3), the applicant is to be taken to have withdrawn the application.
6.8. Decision to vary licence
(1) After receiving an application made under
regulation 6.7, the Commissioner may vary the licence
authorising the applicant to do high risk work of a class
to which the application relates if the Commissioner is
satisfied that the applicant is competent to do high risk
work of that class.
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(2)
Matters to be considered by the Commissioner when determining whether an applicant is competent to do high risk work of a particular class include —
(a)
whether the applicant has recently been issued a notice of satisfactory assessment for that class of work; and
(b)
whether the applicant has recently been issued a qualification or statement of attainment for that class of work; and
(c)
whether the applicant holds a high risk work (interstate) licence for that class of work.
(3) If an applicant for variation of a licence seeking
authority to do high risk work of a particular class is
authorised under a high risk work (interstate) licence to
do work of that class, the Commissioner must ensure
that that authority is cancelled by the State or Territory
that granted the interstate licence before the licence is
varied under this Division authorising the applicant to
do work of that class.(4) A variation of a licence under this regulation takes
effect on the day the licence is varied.(5) Nothing in subregulation (4) is to be taken to affect the
period for which the licence is to have effect under
regulation 6.11.
6.9. Applications for renewal of licences
(1)
The holder of a licence may, at any time no later than 12 months after the licence expires, apply for renewal of a licence.
(2) An application for renewal of a licence must be made
to the Commissioner in an approved form and be
accompanied by the application fee set out in
Schedule 6.4.
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(3) After receiving an application the Commissioner may
in writing direct the applicant to provide additional
information within the period specified in the direction.(4)
If an applicant fails to comply with a direction under subregulation (3), the applicant is to be taken to have withdrawn the application.
6.10. Decision to renew licence After receiving an application made under
regulation 6.9, the Commissioner may renew the
licence authorising the applicant to do high risk work
of a class to which the application relates if the
Commissioner is satisfied that the applicant remains
competent to do high risk work of that class.6.11. Duration of licence (1) A licence —
(a) takes effect on the day it is granted; and (b)
expires at the end of the period of 5 years beginning on the day it is granted.
(2)
If the holder of a licence applies for renewal of the licence on or before the day the licence expires (the “expiry date”), the following provisions apply —
(a) if the application is not finalised on or before the expiry date, the licence continues to have effect until the application is finalised; (b) if the Commissioner decides to renew the licence (whether the decision is made before, on or after the expiry date), the renewed licence — (i) takes effect, or is deemed to have taken effect, on the day after the expiry date; and
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(ii) expires at the end of the period of expiry date.
(3) If the holder applies for renewal of the licence after the
expiry date, the following provisions apply —
(a) the licence has no effect after the expiry date until the holder applies for the renewal and thereafter the licence continues to have effect until the application is finalised; (b) if the Commissioner decides to renew the licence, the renewed licence — (i) is deemed to have taken effect on the day the holder applies for the renewal; and
(ii) expires at the end of the period of expiry date.
(4)
Subregulations (2) and (3) also apply to the renewal of a licence renewed under either of those subregulations.
6.12. Suspension of authority to do high risk work of a
particular class
(1) The Commissioner may suspend a person’s authority
under a licence to do high risk work of a particular
class if the Commissioner is satisfied that —
(a)
the person is no longer competent to do work of that class; or
(b)
information contained in or provided in connection with an application made by the person under regulation 6.5, 6.7 or 6.9 was false or misleading in a material respect.
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(2) If the Commissioner suspends a person’s authority
under this regulation, the Commissioner is to give the
person written notice of the suspension.(3) Suspension under this regulation has effect —
(a)
from the time specified in the written notice, which is to be no earlier than when, in the ordinary course of events, the notice would have been received by the person; and
(b)
for the period or until the happening of the event specified in the written notice.
(4) If a person’s authority to do high risk work of a
particular class is suspended under this regulation, the
person is to be regarded as not being authorised under
the licence to do high risk work of that class during the
period of the suspension.(5) A person to whom a notice is given under
subregulation (2) must return the licence document to
the Commissioner within the period specified in the
notice unless the person has a reasonable excuse not to
do so.Penalty: the regulation 1.15 penalty.
6.13. Cancellation of authority to do high risk work of a
particular class and cancellation of licence
(1)
The Commissioner may cancel a person’s authority under a licence to do high risk work of a particular class if the Commissioner is satisfied that —
(a)
the person is no longer competent to do work of that class; or
(b)
information contained in or provided in connection with an application made by the person under regulation 6.5, 6.7 or 6.9 was false or misleading in a material respect.
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(2)
The Commissioner may cancel a person’s authority under a licence to do high risk work of a particular class if the Commissioner is requested in writing to do
so by the person. (3) If the Commissioner cancels a person’s authority under
a licence to do high risk work of every class that the
person would, but for the cancellation or any
suspension under regulation 6.12, be authorised under
the licence to do, the licence is cancelled.(4)
If the Commissioner cancels a person’s authority under this regulation, the Commissioner is to give the person written notice of the cancellation.
(5)
Cancellation under this regulation has effect from the time specified in the written notice, which is to be no earlier than when, in the ordinary course of events, the
notice would have been received by the person. (6) A person to whom a notice is given under
subregulation (4) must return the licence document to
the Commissioner within the period specified in the
notice unless the person has a reasonable excuse not to
do so.Penalty: the regulation 1.15 penalty.
6.14 Licence document
(1) The Commissioner is to issue a person with a licence
document on the grant of a licence to the person under
regulation 6.6.(2) The Commissioner is to issue a person with a
replacement licence document —
(a)
on the variation of the person’s licence under regulation 6.8; and
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(b) on the renewal of the person’s licence under regulation 6.10; and (c) do high risk work of a class under
on the suspension of the person’s authority to under the licence to do high risk work of any other class or classes; and
(d) do high risk work of a class under
on the cancellation of the person’s authority to under the licence to do high risk work of any other class or classes.
(3) If a person’s authority to do high risk work of a class is
suspended under regulation 6.12 and the person
returned to the Commissioner the licence document,
the Commissioner is to do either of the following, as
appropriate, at the end of that suspension —
(a)
return to the person the licence document returned to the Commissioner;
(b)
issue the person with a replacement licence document.
(4) A licence document or a replacement licence document
is to specify —
(a)
the class or classes of high risk work that the person is authorised to do under the licence; and
(b)
the day the licence expires under regulation 6.11.
6.15. Notifying Commissioner of change of address The holder of a licence must notify the Commissioner in writing of any change to the holder’s residential or postal address within 14 days of the change.
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Penalty: the regulation 1.15 penalty.
6.16. Duplicate licence document If the Commissioner is satisfied that a licence
document has been lost, stolen or destroyed, the
Commissioner may issue a duplicate licence document
to the holder of the licence on payment of the fee set
out in Schedule 6.4.6.17. Reassessment of competency to do high risk work of
a particular class
(1) The Commissioner may in writing direct the holder of
a licence to —
(a)
obtain from an assessor an assessment of the holder’s competency to do high risk work of a class that the holder is authorised to do under the licence; and
(b)
provide the Commissioner with a notice of satisfactory assessment for that class of work from the assessor within the period specified in the direction.
(2) For the purposes of regulations 6.10, 6.12(1)(a) and
6.13(1)(a), a holder who does not provide a notice as
required under subregulation (1)(b) may be regarded as
being no longer competent to do high risk work of the
class to which the direction relates.Division 3 — Registration as an assessor
6.18. Term used in this Division In this Division, unless the contrary intention
appears —“registration” means registration as an assessor under this Division.
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6.19. Activity authorised by registration A person registered as an assessor under this Division
is authorised to issue notices of satisfactory assessment
for the class or classes of high risk work in respect of
which the person is registered.6.20. Duties of assessors registered under this Division
(1) In this regulation — “assessment instrument” for high risk work of a particular class, means a written statement of the steps to be taken, and the assessment methods to be used, by an assessor when conducting an
assessment of a person’s competency to do high
risk work of that class.
(2)
An assessor must not issue a notice of satisfactory assessment in respect of a person’s performance of high risk work of a particular class unless the
assessor —
(a) is authorised to issue notices of satisfactory assessment for that class of work; and (b) has assessed the person’s competency in instrument for work of that class; and
(c)
having regard to the results of the assessment, is satisfied that the person is competent to do work of that class; and
(d)
is satisfied that the person has sufficient knowledge of the English language, both written and oral, to safely do work of that class.
Penalty: the regulation 1.15 penalty.
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6.21. Applications for registration
(1) An application for registration in respect of one or
more classes of high risk work must be made to the
Commissioner in an approved form and be
accompanied by the application fee set out in
Schedule 6.4.(2) After receiving an application the Commissioner may
in writing direct the applicant to do any of the
following within the period specified in the
direction —
(a) provide additional information; (b) undertake an oral test; (c) undertake a written test.
(3)
If an applicant fails to comply with a direction under subregulation (2), the applicant is to be taken to have withdrawn the application.
6.22. Decision to register an assessor
(1) In this regulation — “previously registered as an assessor” means previously registered as an assessor under —
(a) this Division; or (b) Part 6 of the former regulations; or (c)
a law of another State or a Territory that the Commissioner recognises as being equivalent to the law set out in this Part or in Part 6 of the former regulations.
(2) After receiving an application made under
regulation 6.21, the Commissioner may register the
applicant in respect of a class of high risk work to
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which the application relates if the Commissioner is
satisfied that the applicant —
(a)
holds a high risk work licence for that class of work; and
(b)
has acquired, through training and work experience, the skills necessary to assess a person’s competency to do high risk work of that class.
(3)
The Commissioner may refuse to register the applicant if the applicant was previously registered as an assessor and that registration was suspended or cancelled, either wholly or in part.
6.23. Applications for variation of registration
(1) An assessor may apply for variation of his or her
registration seeking registration in respect of one or
more additional classes of high risk work.(2) An application for variation of a registration must be
made to the Commissioner in an approved form and be
accompanied by the application fee set out in
Schedule 6.4.(3) After receiving an application the Commissioner may
in writing direct the applicant to do any of the
following within the period specified in the
direction —
(a) provide additional information; (b) undertake an oral test; (c) undertake a written test.
(4)
If an applicant fails to comply with a direction under subregulation (3), the applicant is to be taken to have withdrawn the application.
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6.24. Decision to vary registration
(1) After receiving an application made under
regulation 6.23, the Commissioner may vary the
applicant’s registration registering the applicant in
respect of a class of high risk work to which the
application relates if the Commissioner is satisfied that
the applicant —
(a)
holds a high risk work licence for that class of work; and
(b)
has acquired, through training and work experience, the skills necessary to assess a person’s competency to do high risk work of that class.
(2) A variation of a registration under this regulation takes
effect on the day the registration is varied.(3)
Nothing in subregulation (2) is to be taken to affect the period for which the applicant’s registration is to have effect under regulation 6.27.
6.25. Applications for renewal of registration
(1) An assessor may, before his or her registration expires,
apply for renewal of the registration.(2) An application for renewal of registration must be
made to the Commissioner in an approved form and be
accompanied by the application fee set out in
Schedule 6.4.(3) After receiving an application the Commissioner may
in writing direct the applicant to do any of the
following within the period specified in the
direction —
(a) provide additional information; (b) undertake an oral test;
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(c) undertake a written test.
(4)
If an applicant fails to comply with a direction under subregulation (3), the applicant is to be taken to have withdrawn the application.
6.26. Decision to renew registration After receiving an application made under
regulation 6.25, the Commissioner may renew the
applicant’s registration registering the applicant in
respect of a class of high risk work to which the
application relates if the Commissioner is satisfied that
the applicant —
(a)
continues to hold a high risk work licence for that class of work; and
(b)
retains the skills necessary to assess a person’s competency to do high risk work of that class.
6.27. Duration of registration
(1) The registration of an assessor —
(a)
takes effect on the day the assessor is registered; and
(b)
expires at the end of the period of 3 years beginning on the day the assessor is registered.
(2)
If an assessor applies for renewal of his or her registration, the following provisions apply —
(a)
if the application is not finalised on or before the day the registration expires (the “expiry date”), the registration continues to have effect until the application is finalised;
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(b) if the Commissioner decides to renew the registration (whether the decision is made before, on or after the expiry date) the renewed registration —
(i) takes effect, or is deemed to have taken effect, on the day after the expiry date; and
(ii) expires at the end of the period of expiry date.
(3) Subregulation (2) also applies to the renewal of a
registration renewed under that subregulation.
6.28. Suspension of registration in respect of a class of
high risk work
(1) The Commissioner may suspend an assessor’s
registration in respect of a particular class of high risk
work if the Commissioner is satisfied that —
(a) the assessor has breached regulation 6.20; or (b)
the assessor no longer holds a high risk work licence for that class; or
(c)
the assessor no longer has the skills necessary to assess a person’s competency to do work of that class; or
(d)
information contained in or provided in connection with an application made by the assessor under regulation 6.21, 6.23 or 6.25 was false or misleading in a material respect.
(2) If the Commissioner suspends an assessor’s
registration under this regulation, the Commissioner is
to give the assessor written notice of the suspension.
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(3) Suspension under this regulation has effect —
(a)
from the time specified in the written notice, which is to be no earlier than when, in the ordinary course of events, the notice would have been received by the assessor; and
(b)
for the period or until the happening of the event specified in the written notice.
(4) If an assessor’s registration in respect of a particular
class of high risk work is suspended under this
regulation, the person is to be regarded as not being
registered in respect of that class of high risk work
during the period of the suspension.(5) An assessor to whom a notice is given under
subregulation (2) must return the certificate of
registration to the Commissioner within the period
specified in the notice unless the assessor has a
reasonable excuse not to do so.Penalty: the regulation 1.15 penalty.
6.29. Cancellation of registration in respect of a class of
high risk work and cancellation of registration
(1) The Commissioner may cancel an assessor’s
registration in respect of high risk work of a particular
class if the Commissioner is satisfied that —
(a) the assessor has breached regulation 6.20; or (b)
the assessor no longer holds a high risk work licence for that class; or
(c)
the assessor no longer has the skills necessary to assess a person’s competency to do work of that class; or
(d)
information contained in or provided in connection with an application made by the
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assessor under regulation 6.21, 6.23 or 6.25 was
false or misleading in a material respect.
(2) The Commissioner may cancel an assessor’s
registration in respect of high risk work of a particular
class if requested in writing to do so by the assessor.(3)
If the Commissioner cancels an assessor’s registration in respect of every class of high risk work in respect of which the assessor would, but for the cancellation or
any suspension under regulation 6.28, be registered, the
registration is cancelled.(4) The Commissioner is to give an assessor written notice
of cancellation under this regulation.(5)
Cancellation under this regulation has effect from the time specified in the written notice, which is to be no earlier than when, in the ordinary course of events, the
notice would have been received by the assessor. (6) An assessor to whom a notice is given under
subregulation (4) must return the certificate of
registration to the Commissioner unless the assessor
has a reasonable excuse not to do so.Penalty: the regulation 1.15 penalty.
6.30 Certificates of registration
(1) The Commissioner is to issue a person with a
certificate of registration on the registration of the
person under regulation 6.22.(2) The Commissioner is to issue a person with a
replacement certificate of registration —
(a)
on the variation of the person’s registration under regulation 6.24; and
(b)
on the renewal of the person’s registration under regulation 6.26; and
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(c)
on the suspension of the person’s registration in respect of a class of high risk work under regulation 6.28, if the person is registered in respect of any other class or classes of high risk work; and
(d)
on the cancellation of the person’s registration in respect of a class of high risk work under regulation 6.29, if the person is registered in respect of any other class or classes of high risk work.
(3)
If a person’s registration in respect of a class of high risk work is suspended under regulation 6.28 and the person returned to the Commissioner the certificate of
registration, the Commissioner is to do either of the
following, as appropriate, at the end of that
suspension —
(a)
return to the person the certificate of registration returned to the Commissioner;
(b)
issue the person with a replacement certificate of registration.
(4) A certificate of registration or a replacement certificate
of registration is to specify —
(a)
the class or classes of high risk work in respect of which the person is registered; and
(b)
the day the registration expires under regulation 6.27.
6.31. Duplicate certificate of registration If the Commissioner is satisfied that a certificate of
registration has been lost, stolen or destroyed, the
Commissioner may issue a duplicate certificate of
registration to the assessor on payment of the fee set
out in Schedule 6.4.
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Division 4 — Miscellaneous
6.32. Registered training organisation to retain records
(1) If a registered training organisation provides training in
high risk work to a person and the person’s
competency to do that work is subsequently assessed
by an assessor employed or otherwise engaged by the
registered training organisation to make that
assessment, the registered training organisation must
retain all records relating to the training and assessment
of the person for 5 years after the assessment is made.(2) At the request of an inspector, a registered training
organisation must produce records held under
subregulation (1).Penalty: the regulation 1.16 penalty. ”.
10. Heading to Part 7 Division 1 inserted
Before regulation 7.1 the following heading is inserted into
Part 7 —“ Division 1 — Original repeal, savings and
transitional provisions
”.
11. Regulation 7.1 amended
Regulation 7.1 is amended by deleting “Part” and inserting
instead —“ Division ”.
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12. Regulation 7.2 amended
Regulation 7.2 is amended by deleting “Part” and inserting
instead —“ Division ”.
13. Regulation 7.6 repealed
Regulation 7.6 is repealed.
14. Regulations 7.9, 7.10, 7.11 and 7.12 replaced by Division 2
Regulations 7.9, 7.10, 7.11 and 7.12 are repealed and the
following Division is inserted instead —“ Division 2 — Savings and transitional provisions
relating to the Occupational Safety and Health
Amendment Regulations (No. 3) 2007
Subdivision 1 — Preliminary
7.9. Terms used in this Division
(1) In this Division — “certificate of competency” has the meaning that was given in regulation 6.1(1) of the former regulations and includes a certificate of competency treated
under regulation 7.10 of those regulations as a
certificate of competency for the purposes ofPart 6 of those regulations;
“commencement day” means the day on which the
Occupational Safety and Health Amendment operation;
“documentary evidence of forklift competency”, in relation to a person, means documentary evidence that the person satisfies the competency
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requirements of the National Guidelines for
Occupational Health and Safety Competency
Standards for the Operation of Loadshifting
Equipment and Other Types of Specified
Equipment [NOHSC: 7019 (1992)] forloadshifting equipment;
“forklift truck” has the meaning given in Schedule 6.3
clause 8;
“forklift work” means high risk work of a class —
(a)
listed in column 2 of the Table in Schedule 6.3 clause 9; and
(b) described in column 3 of the Table;
“former regulations” means these regulations as in
force immediately before the commencement day;
“high risk work” has the meaning given in
regulation 6.1(1);
“high risk work (interstate) licence” has the meaning
given in regulation 6.1(1);
“high risk work (WA) licence” has the meaning given
in regulation 6.1(1);
“industrial equipment” means equipment to which
the national standard applies;
“national standard” means the National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment
[NOHSC: 1006 (2001)];
“notice of satisfactory assessment” has the meaning given in regulation 6.1(1);
“prescribed work” means work to which the national standard applies;
“transition period”, in relation to a certificate ofcompetency, or documentary evidence of forklift
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competency, means the period applying under
regulation 7.11;
“work that the person was authorised to do” —
(a) in relation to a certificate of competency, means — (i) the prescribed work specified in the certificate; or
(ii) use or operation of industrial equipment specified in the certificate;
and
(b)
in relation to documentary evidence of forklift competency, means operation of a forklift truck of a type specified in the documentary evidence.
(2) In this Division, an application is “finalised” —
(a)
when, in the ordinary course of events, notice of the Commissioner’s decision on the application would have been received by the applicant; or
(b)
when the applicant withdraws or is taken to have withdrawn the application.
(3)
In this Division, a person “holds” a high risk work licence for a class of high risk work if the person is authorised under the licence to do high risk work of that class.
7.10. Application of the Interpretation Act 1984 The provisions of this Division do not prejudice or
affect the application of the Interpretation Act 1984 to
and in relation to the repeals effected by the
Occupational Safety and Health Amendment
Regulations (No. 3) 2007.
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Subdivision 2 — Conversion to high risk work licence
7.11. Transition period
(1) The transition period for a certificate of competency, or
for documentary evidence of forklift competency,
issued —
(a) before 1 January 1996 is the period beginning 30 September 2008;
(b) between 1 January 1996 and 31 December 1998 is the period beginning on the commencement day and ending on 30 June 2009; (c) between 1 January 1999 and 31 December 2001 is the period beginning on the commencement day and ending on 30 June 2010; (d) between 1 January 2002 and 31 December 2004 is the period beginning on the commencement day and ending on 30 June 2011; (e) commencement day is the period beginning on
after 31 December 2004 and before the 30 June 2012.
(2) The Commissioner may, by notice in the Gazette,
extend a transition period for certificates of
competency issued —
(a) in another State or a Territory; and (b) during a particular period.
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7.12. Effect of certificate of competency during transition
period
(1) During the transition period for a certificate of
competency —
(a)
the holder of the certificate may do the work that the holder was authorised to do under the certificate; and
(b)
regulation 6.2(1) does not apply to the holder’s performance of the work.
(2) If the holder applies for a high risk work (WA) licence
under regulation 7.16(1) and the application is not
finalised, regulation 6.2(1) does not apply to the
holder’s performance of the work that the holder was
authorised to do under the certificate.
7.13. Operation of forklift during transition period
(1) During the transition period for documentary evidence
of forklift competency —
(a)
the person who has the documentary evidence may do the work that the person was authorised to do under the documentary evidence; and
(b)
regulation 6.2(1) does not apply to the person’s performance of the work.
(2) If the person applies for a high risk work (WA) licence
under regulation 7.16(2) and the application is not
finalised, regulation 6.2(1) does not apply to the
person’s performance of the work that the person was
authorised to do under the documentary evidence.
7.14. Suspension or cancellation of certificates of
competency
(1) During the transition period for a certificate of
competency issued in this State, the Commissioner
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may suspend or cancel the certificate, either wholly or
in part, in accordance with the national standard.
(2) If the Commissioner suspends or cancels a certificate
of competency under this regulation, the Commissioner
is to give the holder of the certificate written notice of
the suspension or cancellation, as the case requires.(3) Suspension under this regulation has effect —
(a)
from the time specified in the written notice, which is to be no earlier than when, in the ordinary course of events, the notice would have been received by the holder; and
(b)
for the period or until the happening of the event specified in the written notice.
(4)
Cancellation under this regulation has effect from the time specified in the written notice, which is to be no earlier than when, in the ordinary course of events, the
notice would have been received by the holder.
7.15. Prohibition against operation of forklift
(1) During the transition period for documentary evidence
of forklift competency, the Commissioner may direct
that regulation 7.13(1) does not apply to the
performance of the work that the person was authorised
to do under the documentary evidence if the
Commissioner is satisfied that the person no longer
satisfies the competency requirements of the National
Guidelines for Occupational Health and
Safety Competency Standards for the Operation
of Loadshifting Equipment and Other Types of
Specified Equipment [NOHSC: 7019 (1992)] for
loadshifting equipment.
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(2) A direction under this regulation has effect —
(a)
from the time specified by the Commissioner, which is to be no earlier than when, in the ordinary course of events, notice of the direction would have been received by the person; and
(b)
if so directed by the Commissioner — for the period, or until the happening of the event, specified by the Commissioner.
7.16. Applications for licences during transition periods
(1) During the transition period for a certificate of
competency, the holder of the certificate may apply for
a licence for the class or classes of high risk work
corresponding to the work that the holder was
authorised to do under the certificate.(2) During the transition period for documentary evidence
of forklift competency, the person who has the
documentary evidence may apply for a licence for the
class or classes of forklift work corresponding to the
work that the person was authorised to do under the
documentary evidence.(3) An application under subregulation (1) or (2) must be
made to the Commissioner in an approved form and be
accompanied by the application fee set out in
Schedule 6.4.(4) After receiving an application the Commissioner may
in writing direct the applicant to provide additional
information within the period specified in the direction.(5)
If an applicant fails to comply with a direction under subregulation (4), the applicant is to be taken to have withdrawn the application.
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7.17. Decision to grant licence to holder of certificate of
competency
(1) After receiving an application made under
regulation 7.16(1), the Commissioner may grant a
licence authorising the applicant to do high risk work
of a class to which the application relates if the
Commissioner is satisfied that the applicant —
(a)
does not hold a high risk work (interstate) licence for that class of work; and
(b) is competent to do high risk work of that class.
(2) For the purposes of subregulation (1)(b) —
(a) an applicant is to be regarded as being competent to do high risk work of a particular class (other than the class listed and described in item 2 of the Table in Schedule 6.3 clause 7) if the applicant has maintained the competency required, under the national standard, of certificate holders for work corresponding to work of that class; and (b) an applicant is to be regarded as being competent to do high risk work of the class listed and described in item 2 of the Table in Schedule 6.3 clause 7 only if — (i) the applicant has a notice of satisfactory assessment for that class of work; and
(ii) not more than 60 days before the
the notice was issued to the applicant regulation 7.16(1).
(3)
Despite regulation 7.12(1), if the Commissioner grants or refuses to grant a licence to the applicant under this regulation during the transition period for the
certificate, regulation 7.12(1) ceases to apply, when the
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application is finalised, to the applicant’s performance
of the work that the applicant was authorised to dounder the certificate.
(4) A licence granted under this regulation is to be treated
as a licence granted under regulation 6.6.(5) For the purposes of applying Part 6 to or in relation to a
licence granted under this regulation, a reference in
regulation 6.12(1)(b) or 6.13(1)(b) to an application
made under regulation 6.5 is to be taken as a reference
to an application made under regulation 7.16(1).
7.18. Decision to grant licence to person who has
documentary evidence of forklift competency
(1) After receiving an application made under
regulation 7.16(2), the Commissioner may grant a
licence authorising the applicant to do forklift work of
a class to which the application relates if the
Commissioner is satisfied that the applicant —
(a)
does not hold a high risk work (interstate) licence for that class of work; and
(b) is competent to do forklift work of that class.
(2) For the purposes of subregulation (1)(b) —
(a)
an applicant is to be regarded as being competent to do forklift work of a particular class if —
(i) forklift competency was issued by a
person who was authorised by thethe applicant’s documentary evidence of evidence; and
(ii) the Commissioner is satisfied that the competency requirements of the
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National Guidelines for Occupational
Health and Safety Competency
Standards for the Operation
of Loadshifting Equipment and Other
Types of Specified Equipment
[NOHSC: 7019 (1992)] for loadshiftingequipment;
and
(b) an applicant is not to be regarded as being competent to do forklift work of a particular class if the applicant’s documentary evidence of forklift competency was not issued by a person who was authorised by the Commissioner to issue the documentary evidence, unless — (i) the applicant has a notice of satisfactory assessment for that class of work; and
(ii) the notice was issued to the person not more than 60 days before the person applies under regulation 7.16(2).
(3)
Despite regulation 7.13(1), if the Commissioner grants or refuses to grant a licence to the applicant under this regulation during the transition period,
regulation 7.13(1) ceases to apply, when the
application is finalised, to the applicant’s performance
of the work that the applicant was authorised to do
under the documentary evidence.(4) A licence granted under this regulation is to be treated
as a licence granted under regulation 6.6.(5) For the purposes of applying Part 6 to or in relation to a
licence granted under this regulation, a reference in
regulation 6.12(1)(b) or 6.13(1)(b) to an application
made under regulation 6.5 is to be taken as a reference
to an application made under regulation 7.16(2).
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7.19. Unfinished applications for certificates of
competency
(1) This regulation applies to an application for a
certificate of competency that was made under Part 6
of the former regulations but was not decided on before
the commencement day.(2) An application to which this regulation applies is to be
dealt with under regulation 6.6 as if it were an
application, made under regulation 6.5, for a licence for
the class or classes of high risk work corresponding to
the work for which the applicant sought the certificate
of competency.
Subdivision 3 — Assessors
7.20. Existing assessors
(1) In this regulation — “existing assessor” means a person who, immediately before the commencement day, was an assessor as defined in regulation 6.1(1) of the former
regulations and includes a person treated under
regulation 7.11 of those regulations as an assessor.
(2) On and from the commencement day, an existing
assessor is to be treated as an assessor registered under
regulation 6.22 in respect of the class or classes of high
risk work corresponding to the work in relation to
which, immediately before the commencement day, the
assessor had authority to make assessments.(3) For the purposes of applying Part 6 to or in relation to
an existing assessor, the following modifications
apply —
(a)
the requirement under regulation 6.26(a) to continue to hold a high risk work licence for a
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class of high risk work is satisfied if, before the
renewal, the assessor is granted a licence forthat class of work under regulation 7.17;
(b) regulation 6.27(1) does not apply and instead the registration of the assessor — (i) takes effect on the commencement day; and
(ii) assessor’s registration under the former
regulations would have expired had the
Occupational Safety and Healthexpires on the day on which the regulation 9 not come into operation;
(c) until the assessor is granted a high risk work licence under regulation 7.17 — (i) regulations 6.28(1)(b) and 6.29(1)(b) do not apply; and
(ii) instead the Commissioner may suspend or cancel the assessor’s registration in respect of a particular class of high risk work if the Commissioner is satisfied that the assessor no longer holds a certificate of competency for the work corresponding to high risk work of that class;
(d)
a reference in regulation 6.28(1)(d) or 6.29(1)(d) to an application made under regulation 6.21 is to be taken as a reference to an application made under Part 6 of the former regulations in connection with the assessor’s registration.
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7.21. Existing assessors of forklift competency
(1) In this regulation — “existing assessor of forklift competency” means a person who, immediately before the forklift competency.
commencement day, was authorised by the
(2) On and from the commencement day, an existing
assessor of forklift competency is to be treated as an
assessor registered under regulation 6.22 in respect of
the class or classes of forklift work corresponding to
the work in relation to which, immediately before the
commencement day, the assessor was authorised to
issue documentary evidence of forklift competency.(3) For the purposes of applying Part 6 to or in relation to
an existing assessor of forklift competency, the
following modifications apply —
(a) the requirement under regulation 6.26(a) to continue to hold a high risk work licence for a class of high risk work is satisfied if, before the renewal, the assessor is granted a licence for that class of work under regulation 7.18; (b) regulation 6.27(1) does not apply and instead the registration of the assessor — (i) takes effect on the commencement day; and
(ii) Commissioner, when the assessor was
last authorised before the
commencement day to issue
documentary evidence of forkliftexpires on the day specified by the authority was to expire;
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(c) until the assessor is granted a high risk work licence under regulation 7.18 — (i) regulations 6.28(1)(b) and 6.29(1)(b) do not apply; and
(ii) instead the Commissioner may suspend or cancel the assessor’s registration in respect of a particular class of forklift work if the Commissioner is satisfied that the assessor is no longer competent to do forklift work of that class;
(d)
a reference in regulation 6.28(1)(d) or 6.29(1)(d) to an application made under regulation 6.21 is to be taken as a reference to an application made to the Commissioner in connection with the assessor’s authority to issue documentary evidence of forklift competency.
7.22. Unfinished applications for registration as an
assessor
(1)
This regulation applies to an application for registration as an assessor that was made under Part 6 of the former regulations but was not decided on before the
commencement day. (2) An application to which this regulation applies is to be
dealt with under regulation 6.22 as if it were an
application, made under regulation 6.21, for
registration as an assessor in respect of the class or
classes of high risk work corresponding to the work in
relation to which the applicant sought registration
under the former regulations.(3) For the purposes of deciding on an application to which
this regulation applies, the requirement under
regulation 6.22(2)(a) to hold a high risk work licence is
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satisfied if the applicant holds a certificate of
competency for the work in relation to which the
applicant sought registration under the formerregulations.
(4) For the purposes of applying Part 6 to or in relation to
an assessor registered in accordance with this
regulation, the following modifications apply —
(a) the requirement under regulation 6.26(a) to continue to hold a high risk work licence for a class of high risk work is satisfied if, before the renewal, the assessor is granted a licence for that class of work under regulation 7.17; (b) until the assessor is granted a high risk work licence under regulation 7.17 — (i) regulations 6.28(1)(b) and 6.29(1)(b) do not apply; and
(ii) instead the Commissioner may suspend or cancel the assessor’s registration in respect of a particular class of high risk work if the Commissioner is satisfied that the assessor no longer holds a certificate of competency for the work corresponding to high risk work of that class.
”.
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15. Schedule 6.3 replaced by Schedules 6.3 and 6.4
Schedule 6.3 is repealed and the following Schedules are
inserted instead —“ Schedule 6.3 — High risk work
[r. 6.1, 6.3, 7.9 and 7.17]
Division 1 — Preliminary
1. Terms used in this Schedule
In this Schedule —
“hung scaffold” has the meaning given in regulation 3.66;
“mast climbing work platform” has the meaning given inregulation 4.1;
“materials hoist” means a hoist —
(a)
made up of a car, bucket or platform that is cantilevered from and travels up and down the external face of a building or structure; and
(b) that carries goods or materials but not people;
“suspended scaffold” has the meaning given in
regulation 3.66;
“use”, in relation to plant, means to work from the plant or to operate the plant.
Division 2 — Scaffolding work
2. Terms used in this Division
In this Division —
“cantilevered scaffold” has the meaning given in
regulation 3.66;
“gantry” has the meaning given in regulation 3.66;
“scaffolding work” means erecting, altering or dismantlinga temporary structure that is or has been erected to
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support a platform and from which a person or object
could fall more than 4 metres;
“spur scaffold” has the meaning given in regulation 3.66.
3. Scaffolding work, classes of high risk work
Table
Item Class of high Description of class risk work
1. Scaffolding work, Scaffolding work involving —
basic (a) pre-fabricated scaffolds; or
(b) cantilevered materials hoists
with a maximum working load
of 500 kilograms; or(c) ropes; or (d) gin wheels; or (e) safety nets and static lines; or (f) bracket scaffolds (tank and
formwork).
2. Scaffolding work, (1) Scaffolding work included in the intermediate class of scaffolding work, basic. (2) Scaffolding work involving —
(a) cantilevered crane loading
platforms; or(b) cantilevered scaffolds; or (c) spur scaffolds; or (d) barrow ramps and sloping
platforms; or(e) scaffolding associated with
perimeter safety screens and
shutters; or(f) mast climbing work platforms;
or
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Item Class of high Description of class risk work
(g) tube and coupler scaffolds
(including tube and coupler
covered ways and gantries).
3. Scaffolding work, (1) Scaffolding work included in the advanced class of scaffolding work,
intermediate.(2) Scaffolding work involving —
(a) hung scaffolds, including
scaffolds hung from tubes,
wire ropes or chains; or(b) suspended scaffolds. Division 3 — Dogging work and rigging work
4. Terms used in this Division
In this Division —
“dogging work” means —
(a)
applying slinging techniques for the purposes of lifting a load, including selecting the method of lifting (by consideration of the nature of the load,
its mass and its centre of gravity) and inspecting
lifting gear (for suitability and condition); or(b)
directing the operator of a crane or hoist in the movement of a load when the load is out of the view of the operator;
“rigging work” means —
(a)
moving, placing or securing a load (such as plant, equipment or members of a building or structure) using mechanical load shifting equipment but does not include operation of the mechanical load shifting equipment; or
(b) erecting or dismantling cranes or hoists.
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5. Dogging work and rigging work, classes of high risk work
Table
Item Class of high Description of class risk work
1. Dogging work Dogging work. 2. Dogging work
(1) Work included in the class of
and rigging Dogging work. work, basic
(2) Rigging work involving —
(a)
steel members of a building or structure, or steel plant; or
(b)
hoists other than hoists with jibs and self-climbing hoists; or
(c) pre-cast concrete members of
a building or structure; or(d) safety nets and static lines; or (e) mast climbing work platforms;
or(f) perimeter safety screens and
shutters; or(g) cantilevered crane loading
platforms,but excluding rigging work
involving equipment, loads or tasks
listed in item 3(2)(a) to (e) and
item 4(2)(a) to (d).
3. Dogging work (1) Work included in the class of and rigging Dogging work and rigging work, work, basic. intermediate (2) Rigging work involving —
(a) hoists with jibs and
self-climbing hoists; or
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Item Class of high Description of class risk work
(b) cranes, conveyors, dredges
and excavators; or(c) tilt slabs; or (d) demolition of buildings,
structures or plant; or(e) multi-crane hoisting, but excluding rigging work
involving equipment listed initem 4(2)(a) to (d).
4. Dogging and (1) Work included in the class of rigging work, Dogging work and rigging work, advanced intermediate. (2) Rigging work involving —
(a) gin poles and shear legs; or (b)
flying foxes and cable ways; or
(c) guyed derricks and structures;
or(d) suspended scaffolds and
fabricated hung scaffolds.Division 4 — Crane and hoist operation
6. Terms used in this Division
In this Division —
“boom-type elevating work platform” has the meaning
given in regulation 4.1;
“bridge crane” has the meaning given in regulation 4.1;
“derrick crane” means a slewing strut-boom crane with its boom pivoted at the base of a mast that is —
(a)
guyed (guy-derrick) or held by backstays (stiff-legged derrick); and
(b) capable of luffing under load;
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“gantry crane” has the meaning given in regulation 4.1;
“mobile crane” has the meaning given in regulation 4.1;
“non-slewing mobile crane” means a mobile craneincorporating a boom or jib that cannot be slewed, and
includes —
(a) an articulated mobile crane; or (b) a locomotive crane, but does not include vehicle tow trucks;
“personnel and materials hoist” means a hoist —
(a)
that is a cantilever hoist, a tower hoist or several winches configured to operate as a hoist; and
(b)
that is intended to carry goods, materials or people;
“portal boom crane” means a boom crane or a jib crane
that is mounted on a portal frame that, in turn, is
supported on runways along which the crane travels;
“self-erecting tower crane” means a crane —
(a)
that cannot be disassembled into a tower element and a boom or jib element; and
(b)
that is transported between sites as a complete unit; and
(c)
where the erection and dismantling processes are an inherent part of the crane’s function;
“slewing mobile crane” means a mobile crane
incorporating a boom or jib that can be slewed, but
does not include —
(a) a front-end loader; or (b) a backhoe; or (c) an excavator; or (d) other earth moving equipment, when configured for crane operation;
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“tower crane” means a boom crane or a jib crane mounted on a tower structure and —
(a)
the crane, if a jib crane, may be a horizontal or luffing jib type; and
(b)
the tower structure may be demountable or permanent,
but does not include a self-erecting tower crane;
“vehicle loading crane” has the meaning given in
regulation 4.54(1);
“vehicle-mounted concrete placing boom” means a
boom —
(a) with 2 or more stages; and (b) mounted on a vehicle; and (c) able to be slewed or luffed; and (d) along which concrete is pumped by means of a pipe attached to, or incorporated within, the boom.
7. Crane and hoist operation, classes of high risk work
(1) For the purposes of the Table item 5, the raising and
lowering of a hoist is a single powered operation.(2) For the purposes of the Table item 14, the length of a boom
is the greater of the following —
(a)
the vertical distance from the surface supporting the boom-type elevating work platform to the floor of the platform, with the platform extended to its maximum height;
(b)
the horizontal distance from the centre point of the boom’s rotation to the outer edge of the platform, with the platform extended to its maximum distance.
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Table
Item Class of high Description of class risk work
1. Crane and hoist The use of a tower crane. operation, tower
crane2. Crane and hoist The use of a self-erecting tower crane. operation,
self-erecting tower
crane3. Crane and hoist The use of a derrick crane. operation, derrick
crane4. Crane and hoist The use of a portal boom crane. operation, portal
boom crane5. Crane and hoist The use of a bridge crane or gantry operation, bridge crane that is — crane/gantry crane (a) controlled from a permanent crane; or
(b) remotely controlled and
having more than 3 powered
operations.6. Crane and hoist The use of a vehicle loading crane with operation, vehicle a capacity of 10 metre tonnes or more. loading crane 7. Crane and hoist The use of a non-slewing mobile crane operation, with a capacity of more than 3 tonnes. non-slewing mobile crane
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Item Class of high Description of class risk work
8. Crane and hoist The use of — operation, mobile (a) a vehicle loading crane with a crane, basic capacity of 10 metre tonnes or
more; or(b) a non-slewing mobile crane tonnes; or
(c)
a slewing mobile crane with a capacity of 20 tonnes or less.
9. Crane and hoist The use of — operation, mobile (a) a vehicle loading crane with a crane, intermediate capacity of 10 metre tonnes or
more; or(b) a non-slewing mobile crane tonnes; or
(c)
a slewing mobile crane with a capacity of 60 tonnes or less.
10. Crane and hoist The use of — operation, mobile (a) a vehicle loading crane with a crane, advanced capacity of 10 metre tonnes or
more; or(b) a non-slewing mobile crane tonnes; or
(c)
a slewing mobile crane with a capacity of 100 tonnes or less.
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Item Class of high Description of class risk work
11. Crane and hoist The use of — operation, mobile (a) a vehicle loading crane with a crane, open class capacity of 10 metre tonnes or
more; or(b) a non-slewing mobile crane tonnes; or
(c) a slewing mobile crane. 12. Crane and hoist The use of a materials hoist where the operation, vertical movement of the hoist’s car, materials hoist bucket or platform is more than
11 metres.13. Crane and hoist The use of a personnel and materials operation, hoist. personnel and materials hoist
14. Crane and hoist The use of a boom-type elevating work operation, platform where the length of the boom is boom-type 11 metres or more. elevating work
platform15. Crane and hoist The use of a vehicle-mounted concrete operation, placing boom. vehicle-mounted concrete placing boom
Division 5 — Forklift operation
8. Terms used in this Division
In this Division —
“forklift truck” means a powered industrial truck equipped
with lifting media made up of a mast and an elevating load carriage to which is attached a pair of forkarms;
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“order-picking forklift truck” means a forklift truck
where the operator’s controls are incorporated with the
lifting media and elevate with the lifting media.
9. Forklift operation, classes of high risk work
Table
Item Class of high Description of class risk work
1. Forklift The use of a forklift truck other than an operation, forklift order-picking forklift truck. truck 2. Forklift The use of an order-picking forklift operation, truck. order-picking forklift truck
Division 6 — Pressure equipment operation
10. Terms used in this Division
In this Division —
“boiler” means —
(a)
a vessel, or an arrangement of vessels and interconnecting parts, in which steam or liquid is heated, at a pressure above that of the atmosphere, by the application of fire, the products of combustion, electrical power or similar means; and
(b)
the valves, gauges, fittings, controls, boiler setting and other equipment directly associated with those vessels,
but does not include —
(c)
a vessel that is able to operate deprived of all liquid and vapour that is intended to be heated; or
(d) a direct fired process heater;
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“direct fired process heater” means an arrangement of
coiled tubes, located inside the radiant zone or
convection zone of a combustion chamber, through
which process material (in the form of liquid, gas or a
liquid/gas combination) moves and is heated, bringingabout a petrochemical reaction in the process material;
“reciprocating steam engine” means equipment that is
driven by steam acting on a piston causing the piston to move, and includes an expanding (steam) reciprocating engine;
“turbine” means equipment that is driven by steam acting on a turbine or rotor to cause a rotary motion.
11. Pressure equipment operation, classes of high risk work
For the purposes of the Table item 2, a boiler is not to be
taken as being capable of being fired by multiple fuels
simultaneously merely because —
(a) it changes fuel types during start sequences; or (b)
it is fired by different grades of the same fuel simultaneously.
Table
Item Class of high Description of class risk work
1. Pressure The use of a boiler that has an output of equipment more than 500 kilowatts other than a operation, basic boiler with —
(a) modulating combustion air
supply; or(b) modulating heat source; or
(c) superheaters; or (d) economisers.
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Item Class of high Description of class risk work
2. Pressure The use of a boiler that has an output of equipment more than 500 kilowatts other than a operation, boiler with —
intermediate (a) modulating combustion air
supply; or(b) modulating heat source; or
(c) superheaters; or (d) economisers,
that is capable of being fired by multiple
fuels simultaneously.
3. Pressure The use of a boiler that has an output of equipment more than 500 kilowatts. operation, advanced
4. Pressure The use of a turbine that has an output equipment of 500 kilowatts or more and —
operation, (a) is multi-wheeled; or turbine
(b) is capable of a speed greater minute; or
(c) has attached condensers; or (d) has a multi-staged heat
exchange extraction process.
5. Pressure The use of a reciprocating steam engine equipment where the diameter of any piston is operation, more than 250 millimetres. reciprocating steam engine
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Schedule 6.4 — Fees under Part 6
[r. 6.5, 6.7, 6.9, 6.16, 6.21, 6.23, 6.25, 6.31 and 7.16(1) and (2)]
Item Type of fee Fee 1. Application for licence (r. 6.5) $71.00 per class of
high risk work to
which the
application relates2. Application for variation of $71.00 per class of licence (r. 6.7) high risk work to
which the
application relates3. Application for renewal of $60.00 licence (r. 6.9) 4. Application for duplicate $45.00 licence document (r. 6.16) 5. Application for registration $857.00 (r. 6.21) 6. Application for variation of $142.00 registration (r. 6.23) 7. Application for renewal of $428.00 registration (r. 6.25) 8. Application for duplicate $45.00 certificate of registration
(r. 6.31)9. Application for conversion to $45.00 licence during transition
(r. 7.16(1) and (2))”.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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