Workplace Health and Safety Amendment Regulation (No. 2) 2000 (Qld)

Queensland Subordinate Legislation 2000 No. 288 Workplace Health and Safety Act 1995 WORKPLACE HEALTH AND SAFETY AMENDMENT REGULATION (No. 2) 2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—AMENDMENTS COMMENCING 1 FEBRUARY 2001 4 Amendment of pt 3, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Replacement of s 17 (Certificate for work in prescribed occupation) . . . . 3 17 Authority to perform work in prescribed occupation . . . . . . . . . . . . . 4 6 Amendment of s 19 (Application for certificate to work in prescribed occupation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Omission of s 20 (Working without certificate until application decided) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Insertion of new pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 3A—PRESCRIBED ACTIVITIES Division 1—Preliminary 29A Staged implementation of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 2—Certificate to perform prescribed activity 29B Certificate to perform prescribed activity . . . . . . . . . . . . . . . . . . . . . 6 29C Application for certificate to perform prescribed activity . . . . . . . . 6 29D Continuing to satisfy approved criteria . . . . . . . . . . . . . . . . . . . . . . . 7

2 Workplace Health and Safety Amendment (No. 2) No. 288, 2000 Division 3—Training and supervision in prescribed activities 29E Employer’s duty for training in prescribed activity . . . . . . . . . . . . . . 8 29F Supervision of performance of prescribed activity . . . . . . . . . . . . . . 8 Division 4—Suspension and cancellation of certificate 29G Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . 9 29H Procedure for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . 9 29I Certificate to be returned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 9 Amendment of s 34 (Definition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10 Amendment of s 40 (Definition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11 Amendment of s 56 (What is “specified work”) . . . . . . . . . . . . . . . . . . . . . . 11 12 Amendment of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Amendment of sch 5 (Prescribed occupations) . . . . . . . . . . . . . . . . . . . . . . . 12 14 Insertion of new sch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 SCHEDULE 5A PRESCRIBED ACTIVITIES 15 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 3—AMENDMENTS COMMENCING 1 FEBRUARY 2002 16 Amendment of s 19 (Application for certificate to work in prescribed occupation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17 Amendment of s 55 (What is a “workplace health and safety plan”) . . . . 15 18 Amendment of s 62 (Additional things work plans must state) . . . . . . . . . . 15 19 Amendment of sch 5 (Prescribed occupations) . . . . . . . . . . . . . . . . . . . . . . . 15 20 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

s1 3 s5 Workplace Health and Safety Amendment No. 288, 2000 (No. 2) PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Workplace Health and Safety Amendment Regulation (No. 2) 2000 . ˙ Commencement 2.(1) Part 2 commences on 1 February 2001. (2) Part 3 commences on 1 February 2002. ˙ Regulation amended 3. This regulation amends the Workplace Health and Safety Regulation1997 . PART 2—AMENDMENTS COMMENCING 1 FEBRUARY 2001 ˙ Amendment of pt 3, div 1 hdg 4. Part 3, division 1, heading, ‘ Certificate for work ’— omit, insert— ‘ Work ’. ˙ Replacement of s 17 (Certificate for work in prescribed occupation) 5. Section 17— omit, insert —

s5 4 s5 Workplace Health and Safety Amendment No. 288, 2000 (No. 2) ˙ ‘ Authority to perform work in prescribed occupation ‘ 17.(1) A principal contractor must not allow a person to perform work in a prescribed occupation unless the person has appropriate authority to perform work in the prescribed occupation. Maximum penalty—20 penalty units. ‘ (2) An employer must not employ or otherwise allow a worker to perform work in a prescribed occupation unless the worker has appropriate authority to perform work in the prescribed occupation. Maximum penalty—20 penalty units. ‘ (3) A person must not perform work in a prescribed occupation unless the person has appropriate authority to perform work in the prescribed occupation. Maximum penalty—20 penalty units. ‘ (4) A person has appropriate authority to perform work in a prescribed occupation if— (a) the person holds a certificate to work in the occupation issued by the chief executive or a recognised official; or (b) the person is a trainee in the prescribed occupation; or (c) the person has satisfied the chief executive under section 19(2) that the person is competent to perform work in the prescribed occupation, and both of the following apply— (i) the person has not applied for the certificate under section 19(1); (ii) 60 days have not elapsed since the person satisfied the chief executive under section 19(2); or (d) the person has applied under section 19(1) for a certificate to work in the prescribed occupation but has not received from the chief executive— (i) the certificate; or (ii) notice of refusal to grant the certificate.’.

s6 5 s8 Workplace Health and Safety Amendment No. 288, 2000 (No. 2) ˙ Amendment of s 19 (Application for certificate to work in prescribed occupation) 6.(1) Section 19(2), ‘3 months’— omit, insert — ‘60 days’. (2) Section 19(6), definition “competency standard” , paragraph (c)— omit . ˙ Omission of s 20 (Working without certificate until application decided) 7. Section 20— omit . ˙ Insertion of new pt 3A 8. After part 3— insert— ‘ PART 3A—PRESCRIBED ACTIVITIES ‘ Division 1—Preliminary ˙ ‘ Staged implementation of pt 3A ‘ 29A.(1) The requirements under this part for a certificate to perform a prescribed activity are to apply from 1 February 2002. ‘ (2) Accordingly— (a) the provisions of this part providing for offences in relation to the performance of prescribed activities have no effect until 1 February 2002; and (b) if the chief executive grants a certificate to perform a prescribed activity before 1 February 2002—

s8 6 s8 Workplace Health and Safety Amendment No. 288, 2000 (No. 2) (i) the certificate has no effect in relation to the performance of a prescribed activity until 1 February 2002; and (ii) subject to suspension or cancellation under this part, the certificate’s validity ends on 31 January 2004. ‘ Division 2—Certificate to perform prescribed activity ˙ ‘ Certificate to perform prescribed activity ‘ 29B.(1) A principal contractor must not allow an employer or self-employed person to perform a prescribed activity that is demolition work unless the principal contractor, employer or self-employed person holds a certificate to perform the activity, issued by the chief executive. Maximum penalty—20 penalty units. ‘ (2) An employer or self-employed person must not perform a prescribed activity unless— (a) if the prescribed activity is demolition work, and there is a principal contractor—the principal contractor, employer or self-employed person holds a certificate to perform the activity issued by the chief executive; or (b) otherwise—the employer or self-employed person holds a certificate to perform the activity issued by the chief executive. Maximum penalty—20 penalty units. ˙ ‘ Application for certificate to perform prescribed activity ‘ 29C.(1) A person may apply to the chief executive, under part 5, division 1, for a certificate to perform a prescribed activity. ‘ (2) Within 60 days before applying, the applicant must satisfy the chief executive or an authorised accredited provider that the applicant satisfies the approved criteria. ‘ (3) An authorised accredited provider who assesses an applicant’s satisfaction of the approved criteria must promptly—

s8 7 s8 Workplace Health and Safety Amendment No. 288, 2000 (No. 2) (a) make a record of the assessment; and (b) give a copy of it to the applicant. Maximum penalty—20 penalty units. ‘ (4) A certificate is valid for 2 years from the day it is granted unless suspended or cancelled. 1 ‘ (5) In this section— “approved criteria” means— (a) for demolition work—the criteria stated in Information Paper D1 (Approved criteria for a certificate to perform the prescribed activity of demolition work) issued by the department; or (b) for asbestos removal—the criteria stated in Information Paper AR1 (Approved criteria for a certificate to perform the prescribed activity of asbestos removal) issued by the department. 2 “authorised accredited provider” means an accredited provider whose functions stated under section 178(2) 3 of the Act include assessing a person’s satisfaction of the approved criteria. ˙ ‘ Continuing to satisfy approved criteria ‘ 29D. In addition to any other condition imposed by the chief executive under section 39, a certificate held by a person to perform a prescribed activity is subject to the following conditions— (a) the person must take all reasonable steps to ensure that the person continues to satisfy the approved criteria; (b) if the prescribed activity to be performed under the certificate is 1 See division 4 for the procedure for suspension or cancellation. 2 These information papers may be obtained at no cost from any office of the Department of Employment, Training and Industrial Relations dealing with workplace health and safety, or at on the internet. 3 Section 178 (Functions of accredited providers)

s8 8 s8 Workplace Health and Safety Amendment No. 288, 2000 (No. 2) demolition work—the performance of the prescribed activity must be restricted to the particular buildings or other structures, or particular types of buildings or other structures, stated in the certificate. ‘ Division 3—Training and supervision in prescribed activities ˙ ‘ Employer’s duty for training in prescribed activity ‘ 29E. An employer who employs, or otherwise allows, a worker to perform a prescribed activity must ensure the person has received appropriate training in safe working methods for the performance of the prescribed activity. Maximum penalty—30 penalty units. ˙ ‘ Supervision of performance of prescribed activity ‘ 29F.(1) The holder of a certificate to perform a prescribed activity must ensure the performance of the prescribed activity is directly supervised by a competent person. Maximum penalty—30 penalty units. ‘ (2) In this section— “competent person” means— (a) for demolition work—a person who is competent under Information Paper D2 (Requirements for a competent person to supervise performance of the prescribed activity of demolition work) issued by the department; or (b) for asbestos removal—a person who is competent under Information Paper AR2 (Requirements for a competent person to supervise performance of the prescribed activity of asbestos removal) issued by the department. 4 4 These information papers may be obtained at no cost from any office of the Department of Employment, Training and Industrial Relations dealing with workplace health and safety, or at on the internet.

s8 9 s8 Workplace Health and Safety Amendment No. 288, 2000 (No. 2) ‘ Division 4—Suspension and cancellation of certificate ˙ ‘ Grounds for suspension or cancellation ‘ 29G. The chief executive may suspend or cancel a certificate to perform a prescribed activity on any of the following grounds— (a) the holder of the certificate has contravened the Act or this regulation; (b) the certificate was— (i) issued in error or because of a document or representation that was false or misleading or that omitted a material particular; or (ii) obtained or made in another improper way; (c) the holder has not complied with a condition of the certificate; (d) the holder has incompetently performed the activity for which the certificate was granted. ˙ ‘ Procedure for suspension or cancellation ‘ 29H.(1) This section applies if the chief executive considers a ground exists to suspend or cancel a certificate to perform a prescribed activity (the “proposed action” ). ‘ (2) The chief executive may give the holder of the certificate a written notice ( “show cause notice” ) that— (a) states the proposed action; and (b) states the grounds for the proposed action; and (c) outlines the facts and circumstances forming the basis for the grounds; and (d) if the proposed action is suspension of the certificate—states the proposed suspension term; and (e) invites the holder to show, within a stated time of at least 28 days, why the proposed action should not be taken.

s 8 10 s 8 Workplace Health and Safety Amendment No. 288, 2000 (No. 2) ‘ (3) If, after considering all representations made within the stated time, the chief executive still considers grounds to take the proposed action exist, the chief executive may— (a) if the show cause notice stated a proposal to suspend the certificate for a stated period—suspend the certificate for a period no longer than the stated period; or (b) if the show cause notice stated a proposal to cancel the certificate— (i) cancel the certificate; or (ii) suspend the certificate. ‘ (4) The chief executive must inform the holder of the decision by written notice. ‘ (5) The notice must be given within 10 days after the chief executive makes the decision. ‘ (6) If the chief executive decides to suspend or cancel the certificate, the notice must state— (a) the reasons for the decision; and (b) that the holder may appeal against the decision under part 11 5 of the Act. ‘ (7) The decision takes effect on the later of— (a) the day the notice is given to the holder; or (b) the day of effect stated in the notice. ˙ ‘ Certificate to be returned ‘ 29I.(1) A person whose certificate to perform a prescribed activity is suspended or cancelled must return the certificate to the chief executive within 14 days after the suspension or cancellation takes effect unless the person has a reasonable excuse. Maximum penalty—20 penalty units. 5 Part 11 (Appeals)

s 9 11 s 12 Workplace Health and Safety Amendment No. 288, 2000 (No. 2) ‘ (2) If a suspended certificate is returned to the chief executive, the chief executive must return it to the holder at the end of the suspension term.’. ˙ Amendment of s 34 (Definition) 9. Section 34, definition “certificate” — insert — ‘(g) a certificate to perform a prescribed activity.’. ˙ Amendment of s 40 (Definition) 10. Section 40, definition “certificate” , paragraph (d)— omit . ˙ Amendment of s 56 (What is “specified work”) 11. Section 56(1), paragraph (d), after ‘asbestos’— insert — ‘materials’. ˙ Amendment of sch 1 (Fees) 12. Schedule 1, section 6— omit, insert — ‘ Certificates—prescribed activities ‘ 5A.(1) This section sets the fees relating to a certificate to perform a prescribed activity under part 3A. ‘ (2) The fee is— $ (a) for an assessment of an applicant’s satisfaction of the approved criteria . . . . . . . . . . . . . . . . . . . . . . . (b) for an application for the grant of a certificate . . . 500.00 42.10

s 13 12 s 14 Workplace Health and Safety Amendment No. 288, 2000 (No. 2) (c) for an application to replace a lost, stolen or destroyed certificate . . . . . . . . . . . . . . . . . . . . . . . 21.60 ‘ Assessment of accredited providers ‘ 6.(1) This section sets the fees for becoming an accredited provider. ‘ (2) The fee is— $ (a) for an assessment of an application . . . . . . . . . . . (b) for an application for the grant of a certificate . . . (c) for an application to replace a lost, stolen or destroyed certificate . . . . . . . . . . . . . . . . . . . . . . 350.00 42.10 21.60’. ˙ Amendment of sch 5 (Prescribed occupations) 13. Schedule 5, section 8— omit. ˙ Insertion of new sch 5A 14. After schedule 5— insert —

s 14 13 s 14 Workplace Health and Safety Amendment No. 288, 2000 (No. 2) ‘ SCHEDULE 5A ‘ PRESCRIBED ACTIVITIES schedule 9, definition “prescribed activity” ‘ Prescribed activities—demolition work ‘ 1.(1) Demolition work 6 is a prescribed activity if the building or other structure the subject of the demolition or dismantling contains pre-tensioned or post-tensioned structural components. ‘ (2) Demolition work is a prescribed activity if the demolition or dismantling of the building or other structure involves the use of— (a) load shifting equipment; or Examples of load shifting equipment for paragraph (a)— Combination front-end loader and backhoe, skid steer loader, excavator, crane. (b) explosives or another induced collapse method. ‘ (3) All other demolition work is a prescribed activity unless the building or other structure the subject of the demolition or dismantling is— (a) a domestic house; or (b) a building or other structure built as, and still having generally the characteristics of, a domestic house; or Example of building or other structure for paragraph (b)— A domestic house converted to flats or an office. (c) a building or other structure that is ancillary to— (i) a domestic house; or 6 See the Act, schedule 3, definition “demolition work”.

s 15 14 s 16 Workplace Health and Safety Amendment No. 288, 2000 (No. 2) (ii) a building or other structure mentioned in paragraph (b). Example of ancillary building or other structure for paragraph (c)— A carport or garage. ‘ Prescribed activities—asbestos removal ‘ 2. The removal of asbestos materials 7 is a prescribed activity.’. ˙ Amendment of sch 9 (Dictionary) 15.(1) Schedule 9, definitions “prescribed occupation” and “welder certificate no. 1” to “welder certificate no. 10” — omit . (2) Schedule 9— insert — ‘ “prescribed activity” means an activity that is a prescribed activity under schedule 5A. “prescribed occupation” means an occupation, or part of an occupation, stated in schedule 5.’. PART 3—AMENDMENTS COMMENCING 1 FEBRUARY 2002 ˙ Amendment of s 19 (Application for certificate to work in prescribed occupation) 16.(1) Section 19(6), definition “competency standard” , paragraphs (a) and (d)— omit . 7 See schedule 9, definition “asbestos materials”.

s 17 15 s 20 Workplace Health and Safety Amendment No. 288, 2000 (No. 2) (2) Section 19(6), definition “competency standard” , paragraphs (b) and (e)— renumber as paragraphs (a) and (b). ˙ Amendment of s 55 (What is a “workplace health and safety plan”) 17. Section 55— insert — ‘ (6) For demolition work, a workplace health and safety plan must be prepared having regard to AS 2601—1991—The demolition of structures.’. ˙ Amendment of s 62 (Additional things work plans must state) 18. Section 62— insert— ‘(c) for specified work that is, or involves, a prescribed activity— (i) the certificate number for the certificate under which the prescribed activity is to be performed; and (ii) the arrangements for appropriate training under part 3A of workers employed or otherwise allowed to perform the activity; and (iii) the arrangements for supervision under part 3A of the performance of the activity by a competent person.’. ˙ Amendment of sch 5 (Prescribed occupations) 19. Schedule 5, sections 2 and 9— omit . ˙ Amendment of sch 9 (Dictionary) 20.(1) Schedule 9, definition “asbestos removalist” — omit.

s 20 16 s 20 Workplace Health and Safety Amendment No. 288, 2000 (No. 2) (2) Schedule 9— insert— ‘ “asbestos removalist” , for part 11, means— (a) an employer whose business or undertaking includes asbestos removal work; or (b) a self-employed person whose work includes asbestos removal work.’. ENDNOTES 1. Made by the Governor in Council on 16 November 2000. 2. Notified in the gazette on 17 November 2000. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Employment, Training and Industrial Relations. © State of Queensland 2000