Occupational Safety and Health Amendment Regulations (No. 4) 2009 (WA)

3032 GOVERNMENT GAZETTE, WA 31 July 2009

WORKSAFE

WS301*

Occupational Safety and Health Act 1984

Occupational Safety and Health Amendment

Regulations (No. 4) 2009

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Occupational Safety and Health
Amendment Regulations (No. 4) 2009.

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 the day after that day.

3.             Regulations amended

These regulations amend the Occupational Safety and Health
Regulations 1996.

4.             Regulation 1.3 amended

In regulation 1.3 insert in alphabetical order:

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 education and training as defined in the
Vocational Education and Training Act 1996 section 5;

5.             Part 3 Division 11 replaced

Delete Part 3 Division 11 and insert:

Division 11 — Construction industry induction training

3.135.	Terms used
In this Division —
employee includes a person taken to be an employee by operation of section 23D, 23E or 23F of the Act;

31 July 2009 GOVERNMENT GAZETTE, WA 3033

employer includes a person taken to be an employer by

operation of section 23D, 23E or 23F of the Act;

construction induction training certificate means a

certificate, card or other document that —

(a)	was issued by the provider of a construction induction training course that is, or was at the time the document was issued, a recognised construction induction training course; and
(b)	contains information to the effect that the person named in the document satisfactorily completed the course on the date specified in the document;

construction induction training course means a course

or training programme that includes 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; and
(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 management principles when doing construction work at the workplace;

recognised construction induction training course

means a construction induction training course that —

(a)	is accredited by a body established under a law of a State or a Territory to accredit vocational education and training courses and programmes; and
(b)	is provided by a registered training organisation.

3.136.	Construction induction training requirements
(1)	An employee or self-employed person must not do construction work at a workplace unless he or she holds a construction induction training certificate.
Penalty: the regulation 1.15 penalty.
(2)	A person who is an employer, the main contractor or a person having control of the workplace must not permit an employee or self-employed person to do construction work at the workplace unless that other employee or self-employed person holds a construction induction training certificate.
Penalty: the regulation 1.16 penalty.
(3)	For the purposes of this regulation, a person who, immediately before this regulation came into operation, held a current safety awareness training certificate (as

3034 GOVERNMENT GAZETTE, WA 31 July 2009

defined in regulation 3.135 as in force at that time) is to
be taken to hold a construction induction training
certificate.

6.             Regulation 6.1 amended

(1)	In regulation 6.1(1) delete the definitions of:
registered training organisation vocational education and training
(2)	In regulation 6.1(1) in the definition of qualification or statement of attainment in paragraph (b) delete “that work;” and insert:
that work.

By Command of the Governor,

PETER F. CONRAN, Clerk of the Executive Council.

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