Occupational Safety and Health Amendment Regulations (No. 6) 2005 (WA)

(3 January 2006 GOVERNMENT GAZETTE, WA 11

WS301*

Occupational Safety and Health Act 1984

Occupational Safety and Health Amendment

Regulations (No. 6) 2005

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Occupational Safety and Health
Amendment Regulations (No. 6) 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 10 August 2005 see Western Australian
Legislation Information Tables for 2004, Table 4, p. 271, and

Gazette 7 January, 4 March, 4 April andi July 20051

3.             Regulation 2.7 repealed

Regulation 2.7 is repealed.

4.            Regulation 3.108 amended

Regulation 3.108 is amended as follows:

(a) by deleting "or persons" and inserting instead

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, persons in an excavated area or persons otherwise

9'.

(b) by inserting after paragraph (b) the following paragraph

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(ba) benching;

12 GOVERNMENT GAZETTE, WA 6 January 2006

5.            Regulation 3.109 replaced

Regulation 3.109 is repealed and the following regulation is inserted instead —

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3.109. Where person at risk due to excavation

(1) If, at a workplace where excavation work is to be done,
any person is at risk of injury because of the excavation
work then a person who, at the workplace, is an
employer, the main contractor or a self-employed
person must ensure that —

(a)	suitable barriers are erected between the person at risk and the likely cause of the danger; and
(b)	suitable signs that warn of the risk are erected at the place where the excavation work is to be done.

(2) If, at a workplace, there is an excavated area in, around,

or across the top of, which persons can move or plant can be moved then a person who, at the workplace, is an employer, the main contractor, a self-employed

person or a person having control of the workplace

must ensure, as far as is practicable, that —

(a)	persons can move safely in, around, and across the top of, the area; and
(b)	plant can be moved safely in, around, and across the top of, the area.

Penalty applicable to subregulations (1) and (2): the

regulation 1.16 penalty.

6.            Regulation 3.111 amended

(1)	Regulation 3.111(1) is amended by deleting "excavation or
earthwork, the excavation or earthwork" and inserting instead
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work, area or opening, the work, area or opening

(2)	Regulation 3.111(2) is amended by deleting "excavation or earthwork" and inserting instead —
" work, area or opening "
7.	Schedule 2 amended Schedule 2 is amended by deleting Form 3.

By Command of the Governor,

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