Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2007 (Qld)

Queensland Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2007 Subordinate Legislation 2007 No. 115 made under the State Penalties Enforcement Act 1999 Workplace Health and Safety Act 1995 Contents Part 1 1 2 Part 2 Division 1 3 Division 2 4 5 6 7 8 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Amendment of Workplace Health and Safety Regulation1997 Regulation amended in part 2 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Amendments commencing on 1 July 2007 Amendment of s 17 (Authority to perform work in prescribed occupation) ................................. 11 Amendment of s 19 (Application for certificate to work in prescribed occupation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Insertion of new ss 20 and 20A . . . . . . . . . . . . . . . . . . . . . . . . . . 13 20 Application for exemption from holding certificate . . . 13 20A Decision on application for exemption . . . . . . . . . . . . 14 Amendment of s 21 (Employer’s duty for training in prescribed occupation). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Insertion of new pt 3, divs 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . 15

2 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 Division 3 Other obligations of employers and certificate holders 26 Employer must reasonably believe worker is competent . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 27 Holder of certificate must reasonably believe he or she is competent . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 28 Holder of certificate must take reasonable precautions and exercise proper diligence . . . . . . . . . 16 Division 4 Expiry of particular certificates of competency issued before March 1992 unless holder gives notice 29 Pre-March 1992 certificate of competency for work in an occupation will end on 30 June 2008 unless holder gives notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 9 Amendment of s 29B (Certificate to perform prescribed activity) . 18 10 Amendment of s 29C (Application for certificate to perform prescribed activity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 11 Amendment of s 29F (Supervision of performance of prescribed activity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 12 Insertion of new pt 3B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Part 3B Bonded asbestos removal certificate 29G Application of pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . 19 29H Authority to perform work to remove bonded asbestos containing material . . . . . . . . . . . . . . . . . . . 20 29I Application for bonded asbestos removal certificate . 21 29J Term of certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 29K Certificate holder to notify change of address . . . . . . 21 13 Amendment of s 31 (Application for certificate of authority of appointment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 14 Replacement of pt 4A, hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 15 Amendment of s 33A (Registered training organisation’s duty for assessing competency). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 16 Replacement of s 33B (Record of assessment). . . . . . . . . . . . . . 22 33B Authorised accredited provider to make record of assessment and give a copy to applicant. . . . . . . . . . 23 33C Record of assessment by authorised accredited provider before 1 July 2007 . . . . . . . . . . . . . . . . . . . . 23 33D Record of assessment by registered training organisation . . . . . . . . . . . . . . . . . . . . . . . . . 24 33E Person must not sign false assessment summary . . . 24 17 Amendment of s 34 (Definition for pt 5) . . . . . . . . . . . . . . . . . . . . 24

3 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 18 Amendment of s 35 (How to apply) . . . . . . . . . . . . . . . . . . . . . . . 25 19 Insertion of new s 36B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 36B Refusal to grant certificate—false assessment summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 20 Amendment of s 38 (Refusal of application) . . . . . . . . . . . . . . . . 26 21 Amendment of s 40 (Definition for div 2) . . . . . . . . . . . . . . . . . . . 26 22 Amendment of s 46 (Surrender of certificate) . . . . . . . . . . . . . . . 27 23 Insertion of new pt 5, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 5 Obligation of relevant person 46E Way to prevent or minimise risk prescribed . . . . . . . . 27 24 Amendment of s 48 (Exemption from payment of fees) . . . . . . . . 27 25 Amendment of s 51 (Start and finish of building and construction work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 26 Replacement of pt 11, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 27 Amendment of s 69A (Definitions for pt 11) . . . . . . . . . . . . . . . . . 28 28 Amendment of s 69D (Removing ACM) . . . . . . . . . . . . . . . . . . . . 28 29 Amendment of s 74 (Performing asbestos removal work) . . . . . . 28 30 Amendment of s 86 (Competent person for s 82—person doing underwater diving work on no more than 28 days in the last 6 months) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 31 Amendment of s 86AA (Competent person for s 82—someone who has spent at least 15 hours doing the same type of work as the underwater diving work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 32 Amendment of s 112 (Keeping records). . . . . . . . . . . . . . . . . . . . 29 33 Amendment of s 135A (Removal of relevant person from a lead-risk job) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 34 Amendment of s 158 (Meaning of work method statement for high risk construction activity that is prescribed activity) . . . . . . . 29 35 Insertion of new pt 23, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 6 Transitional provisions for Workplace Health and Safety and Other Legislation Amendment Regulation (No. ..) 2007, part 2, division 2 Subdivision 1 Definition for division 6 244 Definition for div 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Subdivision 2 Assessments by authorised accredited providers 245 Assessment for prescribed occupations made, but no application, before commencement . . . . . . . . . . . . . . 31 246 Application for certificate of authority of appointment of a workplace health and safety officer—assessment made but no application made before commencement 31

4 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 247 Application for certificate of authority of appointment of a workplace health and safety officer—unfinished training or assessment . . . . . . . . . . . . . . . . . . . . . . . . 32 248 Application for certificate of authority of appointment of a workplace health and safety officer—undecided application made before commencement. . . . . . . . . . 33 Subdivision 3 Other matters 249 Changes in scope of prescribed occupations. . . . . . . 33 36 Amendment of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 6A Bonded asbestos removal certificate . . . . . . . . . . . . . 34 37 Amendment of sch 3 (Registrable plant) . . . . . . . . . . . . . . . . . . . 34 38 Replacement of sch 5 (Prescribed occupations) . . . . . . . . . . . . . 35 Schedule 5 Prescribed occupations and units of competency for prescribed occupations Part 1 Scaffolding work 1 Basic scaffolder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 2 Intermediate scaffolder. . . . . . . . . . . . . . . . . . . . . . . . 35 3 Advanced scaffolder . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Part 2 Rigging work 4 Dogger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 5 Basic rigger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 6 Intermediate rigger . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 7 Advanced rigger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Part 3 Crane and hoist operation 8 Tower crane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 9 Self-erecting tower crane . . . . . . . . . . . . . . . . . . . . . . 37 10 Derrick crane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 11 Portal boom crane . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 12 Bridge or gantry crane (remote controlled) . . . . . . . . 37 13 Bridge or gantry crane (non-remote controlled) . . . . . 38 14 Vehicle loading crane . . . . . . . . . . . . . . . . . . . . . . . . . 38 15 Non-slewing mobile crane . . . . . . . . . . . . . . . . . . . . . 38 16 Slewing mobile crane with a capacity of 20t or less . . 39 17 Slewing mobile crane with a capacity of 60t or less . . 39 18 Slewing mobile crane with a capacity of 100t or less . 39 19 Slewing mobile crane with a capacity of more than 100t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 20 Materials hoist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

5 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 39 40 41 42 Division 3 43 21 Materials or personnel hoist . . . . . . . . . . . . . . . . . . . . 22 Boom-type elevating work platform . . . . . . . . . . . . . . 23 Mobile truck mounted concrete placing boom . . . . . . Part 4 Forklift operation 24 Forklift truck . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Order picking forklift truck. . . . . . . . . . . . . . . . . . . . . . Part 5 Pressure equipment operation 26 Basic boiler operator . . . . . . . . . . . . . . . . . . . . . . . . . 27 Intermediate boiler operator . . . . . . . . . . . . . . . . . . . . 28 Advanced boiler operator . . . . . . . . . . . . . . . . . . . . . . 29 Turbine operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Reciprocating steam engine operator . . . . . . . . . . . . Part 6 Earthmoving equipment operation 31 Dozer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Excavator having an engine capacity of more than 2L 33 Front-end loader having an engine capacity of more than 2L ........................ 34 Front-end loader or backhoe having an engine capacity of more than 2L . . . . . . . . . . . . . . . . . . . . . . 35 Grader . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Road roller having an engine capacity of more than 2L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Skid steer loader having an engine capacity of more than 2L ......................... 38 Scraper. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 8C, s 9 (Application of subdiv 2) . . . . . . . . . . Amendment of sch 8D, s 3 (How to comply with performance requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 8E, s A1.1 (Definitions) . . . . . . . . . . . . . . . . . Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendments commencing on 1 July 2008 Replacement of pt 3 (Prescribed occupations) . . . . . . . . . . . . . . Part 3 High risk work and operation of earthmoving equipment and particular crane Division 1 Performing high risk work 17 Authority to perform high risk work. . . . . . . . . . . . . . . 18 Work incidental to high risk work . . . . . . . . . . . . . . . . 40 41 41 41 41 42 42 42 42 42 43 43 43 43 44 44 44 44 44 45 45 45 47 47 49

6 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 19 Application for licence to perform a class of high risk work or for variation of licence . . . . . . . . . . . . . . . . . . 20 Application for exemption from holding licence . . . . . 21 Decision on application for exemption . . . . . . . . . . . . 22 Licence holder to notify change of address . . . . . . . . 23 Holder to make licence issued by recognised official available for inspection . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Performing work in an earthmoving or particular crane occupation 24 Authority to perform work in an earthmoving or particular crane occupation . . . . . . . . . . . . . . . . . . . . 25 Work incidental to earthmoving or particular crane operation ....................... 26 Certificate holder to notify change of address . . . . . . 27 Application for earthmoving or particular crane work certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Application for exemption from holding certificate . . . 28A Decision on application for exemption . . . . . . . . . . . . 28B Holder to make certificate issued by recognised official available for inspection . . . . . . . . . . . . . . . . . . Division 3 Training in work in an earthmoving or particular crane occupation or high risk work 28C Employer’s duty for training . . . . . . . . . . . . . . . . . . . . 28D Supervisor’s duty for training . . . . . . . . . . . . . . . . . . . 28E Trainee’s duty for training . . . . . . . . . . . . . . . . . . . . . . 28F Supervisor to sign entry in training record . . . . . . . . . Division 4 Other obligations 28G Employer must reasonably believe worker is competent ........................... 28H Holder of certificate or licence must reasonably believe he or she is competent. . . . . . . . . . . . . . . . . . 28I Holder of certificate or licence must take reasonable precautions and exercise proper diligence . . . . . . . . . Division 5 Revival of authority formerly conferred by certificate of competency for work in an occupation 28J Revival of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6 Conversion of certificate of competency for work in an occupation to licence to perform a class of high risk work or other certificate 28K Conversion of certificates . . . . . . . . . . . . . . . . . . . . . . 49 50 50 51 51 52 53 54 54 54 55 55 56 58 58 59 59 60 60 60 62

7 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 Division 7 Expiry of licences to perform class of high risk work issued before July 2008 unless holder converts licence to a renewable licence 28L Pre-July 2008 licence to perform a class of high risk work will end unless converted to a renewable licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 28M How to convert a pre-July 2008 licence to perform a class of high risk work to a renewable licence . . . . . . 64 29 Decision on application to convert to a renewable licence . . . . . . . . . . . . . . . . . . . . . . . . . . 65 29A Notice about ending of pre-July 2008 licence to perform a class of high risk work to be given to holder 66 44 Replacement of pt 5, hdg, div 1 and div 1A, hdg and sdiv 1 . . . . 67 Part 5 Certificates and licences Division 1 Definitions 34 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Division 1A Applications for certificates, licences and variations of licences Subdivision 1 Certificates, licences and variations of licences generally 35 How to apply for a certificate, other than an earthmoving or particular crane work certificate . . . . 68 36 How to apply for an earthmoving or particular crane work certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 37 How to apply for a licence or variation of a licence to endorse another class of high risk work . . . . . . . . . . . 70 38 How to apply for a variation of a licence to remove a class of high risk work . . . . . . . . . . . . . . . . . . . . . . . . 71 38A Refusal to grant licence or variation for applicant’s misconduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 38B Refusal to grant certificate, licence or variation—false assessment summary. . . . . . . . . . . . 72 38C Refusal to grant earthmoving or particular crane work certificate for applicant’s misconduct . . . . . . . . . 72 38D Refusal of application for lack of competence or for misconduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 38E Refusal of applications for particular certificates . . . . 73 38F Chief executive to decide application within 28 days . 74 38G Grant of certificate, licence or variation of a licence. . 74 38H Notice of refusal of application . . . . . . . . . . . . . . . . . . 74 38I Grant of certificate, licence or variation of licence on conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

8 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 38J Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Subdivision 1A Renewal of licences 38K When licence may be renewed . . . . . . . . . . . . . . . . . 75 38L How to apply for renewal of a licence . . . . . . . . . . . . . 75 38M Renewal of licences . . . . . . . . . . . . . . . . . . . . . . . . . . 76 38N Refusal to renew licence for lack of competence . . . . 76 39 Notice of refusal of application . . . . . . . . . . . . . . . . . . 76 45 Replacement of pt 5, divs 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . 77 Division 3 Replacement and surrender of certificates and licences 45 Replacement of certificate or licence . . . . . . . . . . . . . 77 46 Surrender of certificate or licence . . . . . . . . . . . . . . . 77 Division 4 Suspension and cancellation of certificates and licences 46A Grounds for suspension or cancellation . . . . . . . . . . . 78 46B Procedure for suspension or cancellation . . . . . . . . . 80 46C Immediate suspension of earthmoving or particular crane work certificate, licence or licence class. . . . . . 82 46D Further provision about immediate suspension . . . . . 83 46E Suspension or cancellation of earthmoving or particular crane work certificate, licence or licence class on recommendation of recognised official. . . . . 84 46F Requirement for retraining . . . . . . . . . . . . . . . . . . . . . 84 46G Certificate or licence to be returned . . . . . . . . . . . . . . 85 46H Replacement licence to be issued for remaining licence class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Division 5 Obligation of relevant person 46I Way to prevent or minimise risk prescribed . . . . . . . . 86 46 Amendment of s 157 (Meaning of work method statement for high risk construction activity other than prescribed activity) . . . . 86 47 Replacement of pt 17, div 2, sdiv 5, hdg and s 171 . . . . . . . . . . . 87 Subdivision 5 Principal contractor’s obligation for others 171 Authority to perform work for prescribed activities, work in an earthmoving or particular crane occupation or high risk work . . . . . . . . . . . . 87 48 Omission of s 240 (Certificates to work in prescribed occupation—self-erecting tower cranes) . . . . . . . . . . . . . . . . . . . 87 49 Insertion of new part 23, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

9 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 Division 7 Transitional provisions for Workplace Health and Safety and Other Legislation Amendment Regulation (No. ..) 2007, part 2, division 3 250 Applications for certificates to work in a prescribed occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 251 Unfinalised proposed action . . . . . . . . . . . . . . . . . . . . 88 50 Amendment of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 51 Replacement of sch 5 (Prescribed occupations) . . . . . . . . . . . . . 90 Schedule 5 Classes of high risk work and units of competency for the classes Part 1 Scaffolding work 1 Basic scaffolder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 2 Intermediate scaffolder. . . . . . . . . . . . . . . . . . . . . . . . 91 3 Advanced scaffolder . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Part 2 Rigging work 4 Dogger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 5 Basic rigger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 6 Intermediate rigger . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 7 Advanced rigger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Part 3 Crane and hoist operation 8 Tower crane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 9 Self-erecting tower crane . . . . . . . . . . . . . . . . . . . . . . 92 10 Derrick crane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 11 Portal boom crane . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 12 Bridge or gantry crane (non-remote controlled) . . . . . 93 13 Vehicle loading crane . . . . . . . . . . . . . . . . . . . . . . . . . 93 14 Non-slewing mobile crane . . . . . . . . . . . . . . . . . . . . . 94 15 Slewing mobile crane with a capacity of 20t or less . . 94 16 Slewing mobile crane with a capacity of 60t or less . . 94 17 Slewing mobile crane with a capacity of 100t or less . 95 18 Slewing mobile crane with a capacity of more than 100t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 19 Materials hoist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 20 Materials or personnel hoist . . . . . . . . . . . . . . . . . . . . 96 21 Boom-type elevating work platform . . . . . . . . . . . . . . 96 22 Mobile truck mounted concrete placing boom . . . . . . 96 Part 4 Forklift operation 23 Forklift truck . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96

52 Part 3 53 54 10 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 24 Order picking forklift truck. . . . . . . . . . . . . . . . . . . . . . Part 5 Pressure equipment operation 25 Basic boiler operator . . . . . . . . . . . . . . . . . . . . . . . . . 26 Intermediate boiler operator . . . . . . . . . . . . . . . . . . . . 27 Advanced boiler operator . . . . . . . . . . . . . . . . . . . . . . 28 Turbine operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Reciprocating steam engine operator . . . . . . . . . . . . Schedule 5A Earthmoving or particular crane occupations and units of competency for the occupations 1 Bridge or gantry crane (remote controlled) . . . . . . . . 2 Dozer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Excavator having an engine capacity of more than 2L 4 Front-end loader having an engine capacity of more than 2L ........................ 5 Front-end loader or backhoe having an engine capacity of more than 2L . . . . . . . . . . . . . . . . . . . . . . 6 Grader . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Road roller having an engine capacity of more than 2L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Skid steer loader having an engine capacity of more than 2L .......................... 9 Scraper. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of State Penalties Enforcement Regulation2000 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 5 (Other legislation) . . . . . . . . . . . . . . . . . . . . 97 97 97 97 97 98 98 98 99 99 99 99 100 100 100 100 102 103

s 1 11 s 4 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 Part 1 Preliminary 1 Short title This regulation may be cited as the Workplace Health and Safety and Other Legislation Amendment Regulation (No. 1) 2007 . 2 Commencement (1) This regulation, other than part 2, division 3, commences on 1 July 2007. (2) Part 2, division 3 commences on 1 July 2008. Part 2 Amendment of WorkplaceHealth and Safety Regulation1997 Division 1 Regulation amended in part 2 3 Regulation amended in pt 2 This part amends the Workplace Health and Safety Regulation1997. Division 2 Amendments commencing on 1 July 2007 4 Amendment of s 17 (Authority to perform work in prescribed occupation) Section 17(3)— omit, insert—

s 4 12 s 4 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘(3) A person has appropriate authority to perform work in a prescribed occupation if— (a) the person holds a certificate to work in the prescribed occupation; or (b) the person holds a certificate, issued by a recognised official, authorising work in an occupation that is the same or substantially the same as the prescribed occupation; or (c) the person is a trainee in the prescribed occupation; or (d) the person holds an assessment summary under subsection (4) for the unit of competency for the prescribed occupation, that was issued within 14 days before the day on which the work is to be performed; or (e) the person holds a statement of attainment for the unit of competency for the prescribed occupation, that was issued within 60 days before the work is to be performed; or (f) the person has applied under section 19 for a certificate to work in the prescribed occupation, and has not received from the chief executive— (i) the certificate; or (ii) notice of refusal for the application. ‘(4) An assessment summary for a person named in the summary must— (a) be issued by a registered training organisation; and (b) state the person who performed the assessment and be signed by that person; and (c) state, for the unit of competency to which the assessment summary relates, that the person named in the summary— (i) is competent; and (ii) demonstrated the appropriate underpinning knowledge and practical assessment.

s 5 13 s 6 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘(5) Subsection (1) does not apply to a worker, and subsection (2) does not apply to a person, if the worker or person holds an exemption under section 20A in relation to performing the work in the prescribed occupation.’. 5 Amendment of s 19 (Application for certificate to work in prescribed occupation) Section 19(2) to (4)— omit. 6 Insertion of new ss 20 and 20A Part 3, division 1, after section 19— insert — ‘20 Application for exemption from holding certificate ‘(1) An employer may apply to the chief executive for an exemption from holding a certificate to work in a prescribed occupation for a worker of the employer. ‘(2) A self-employed person may apply to the chief executive for an exemption from holding a certificate to work in a prescribed occupation. ‘(3) An application under subsection (1) or (2) must be made in the approved form and state— (a) the reasons for making the application; and (b) the alternative measures to be used to ensure work in the prescribed occupation for which the exemption is sought is performed safely. ‘(4) The chief executive may grant the exemption if the chief executive is satisfied— (a) the applicant proposes to use particular alternative measures to ensure the work is performed safely; and (b) the alternative measures will ensure the work is performed safely. ‘(5) The chief executive may require an applicant under subsection (1) or (2) to give the chief executive any further information

s 7 14 s 7 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 the chief executive reasonably requires to decide the application. ‘(6) A requirement under subsection (5) may state a reasonable period, of at least 28 days, by which the stated further information must be given to the chief executive. ‘(7) If an exemption is granted, the chief executive may place restrictions on the performance of the work in the prescribed occupation. ‘20A Decision on application for exemption ‘(1) If the chief executive decides to grant an exemption under section 20, the chief executive must issue the exemption to the applicant. ‘(2) If the chief executive decides to refuse an application under section 20, the chief executive must give written notice to the applicant about the decision within 10 days after making the decision. ‘(2) The notice must state— (a) the reasons for the refusal; and (b) that the person may appeal against the decision under part 11 1 of the Act.’. 7 Amendment of s 21 (Employer’s duty for training in prescribed occupation ) Section 21— insert — ‘(2) A trainee’s employer must not train the trainee to perform work in a prescribed occupation unless the employer has prepared a training plan under subsection (3) for the particular trainee’s training. Maximum penalty—10 penalty units. ‘(3) The training plan must state the following— 1 Part 11 (Appeals) of the Act

s 8 15 s 8 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 (a) the trainee’s name and address; (b) the employer’s name and address; (c) the unit of competency for the prescribed occupation; (d) the accredited course for which the unit of competency is undertaken; (e) the scope of the training, including the topics to be covered; (f) the nominal hours for the training; (g) the day training is to start; (h) the day training is to end; (i) the primary training locations; (j) the plant to be used by the trainee for the training; (k) the certificate under subsection (1)(b)(i) that must be held by the supervisor; (l) the arrangements for monitoring the training; (m) the arrangements for assessing the trainee’s competency; Example for paragraph (m) — A registered training organisation is to be engaged to — (a) evaluate the evidence of the training undertaken by the trainee; and (b) assess the trainee’s competence in the relevant competency (n) the way the training must be recorded, including, for example, by keeping the training record mentioned in section 24.’. 8 Insertion of new pt 3, divs 3 and 4 After section 25— insert—

s 8 16 s 8 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘Division 3 Other obligations of employers and certificate holders ‘26 Employer must reasonably believe worker is competent ‘(1) This section applies to an employer of a worker who holds a certificate to work in a prescribed occupation. ‘(2) The employer must not allow the worker to perform work under the certificate, that involves the use or operation of plant unless the employer reasonably believes the worker is competent to use or operate the plant. Maximum penalty—40 penalty units. ‘27 Holder of certificate must reasonably believe he or she is competent ‘(1) This section applies to the holder of a certificate to work in a prescribed occupation. ‘(2) The holder must not perform work under the certificate, that involves the use or operation of plant unless the holder reasonably believes that he or she is competent to use or operate the plant. Maximum penalty—40 penalty units. ‘28 Holder of certificate must take reasonable precautions and exercise proper diligence ‘(1) This section applies to the holder of a certificate to work in a prescribed occupation. ‘(2) The holder must take reasonable precautions and exercise proper diligence in performing the work for which the certificate was granted. Maximum penalty—40 penalty units.

s 8 17 s 8 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘Division 4 Expiry of particular certificates of competency issued before March 1992 unless holder gives notice ‘29 Pre-March 1992 certificate of competency for work in an occupation will end on 30 June 2008 unless holder gives notice ‘(1) This section applies to each of the following certificates (a relevant certificate ) if the relevant certificate is in force under the Act— (a) a certificate of competency to work in, or in a part of, an occupation prescribed under the repealed WorkplaceHealth and Safety Act 1989 and granted under that Act before 1 March 1992; (b) a certificate of competency for an occupation issued under the repealed ConstructionSafetyAct1971 , including a certificate of competency that was formerly a licence for an occupation issued under the repealed Inspection of Scaffolding Act 1915 ; (c) a certificate of competency authorising a person to take charge of particular machinery issued under the repealed Inspection of Machinery Act 1951 . ‘(2) A relevant certificate ends at midnight on 30 June 2008 unless the holder of the certificate notifies the chief executive under subsection (5)(c). ‘(3) The chief executive must, on at least 3 separate occasions, publish a notice under subsection (5) in a newspaper circulating throughout the State (the newspaper notice ). ‘(4) The last occasion must be not later than 30 April 2008. ‘(5) The newspaper notice must state— (a) that the newspaper notice applies to the holder of any relevant certificate issued in Queensland before 1 March 1992 and in force under the WorkplaceHealthandSafety Act 1995 ; and

s 9 18 s 9 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 (b) that the relevant certificate will end at midnight on 30 June 2008 unless the holder of the certificate gives notice to the chief executive; and (c) that, if the holder of the certificate wants to give notice to the chief executive, the notice must be given to the chief executive before midnight on 30 June 2008 in a way stated in the notice and include the following— (i) a statement that the holder wants to continue to hold the certificate; (ii) the certificate number; (iii) the holder’s residential and postal address and date of birth; and (d) that the notice to the chief executive may be given by post, telephone, fax, internet or at an office of the department; and (e) the addresses, and telephone and fax numbers, for paragraph (d). ‘(6) Subsection (5) does not prevent the notice stating other matters about workplace health or safety. ‘(7) In this section— issue includes grant.’. 9 Amendment of s 29B (Certificate to perform prescribed activity) Section 29B(b) and penalty— omit, insert— ‘(b) if the prescribed activity is asbestos removal work—the relevant person holds a certificate to perform the activity issued by the chief executive. Maximum penalty—40 penalty units. ‘(2) However, subsection (1)(b) does not apply to the performance of work to remove 10m 2 or more of bonded asbestos containing material if the work activity performer, for the business or undertaking conducted by the relevant person,

s 10 19 s 12 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 who performs the work holds a bonded asbestos removal certificate.’. 10 Amendment of s 29C (Application for certificate to perform prescribed activity) Section 29C(4), definition approved criteria , paragraph (b) ‘removal)’— omit, insert— ‘removal work)’. 11 Amendment of s 29F (Supervision of performance of prescribed activity) (1) Section 29F(2), definition competent person , paragraph (a), ‘(Requirements’ to ‘work)’— omit, insert— ‘(Requirements to supervise demolition work)’. (2) Section 29F(2), definition competent person , paragraph (b), ‘removal)’— omit, insert— ‘removal work)’. 12 Insertion of new pt 3B After section 29F— insert— ‘Part 3B Bonded asbestos removal certificate ‘29G Application of pt 3B ‘This part applies to a prescribed activity that is the performance of work to remove 10m 2 or more of bonded asbestos containing material.

s 12 20 s 12 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘29H Authority to perform work to remove bonded asbestos containing material ‘(1) An employer must not employ or otherwise allow a worker to perform work to remove 10m 2 or more of bonded asbestos containing material unless the worker has appropriate authority to perform the work. Maximum penalty—40 penalty units. ‘(2) A person must not perform work to remove 10m 2 or more of bonded asbestos containing material unless the person has appropriate authority to perform the work. Maximum penalty—40 penalty units. ‘(3) A person has appropriate authority to perform work to remove 10m 2 or more of bonded asbestos containing material if— (a) the person holds a bonded asbestos removal certificate; or (b) the person performs the work under a certificate that— (i) is held by a relevant person to perform the prescribed activity of asbestos removal work; and (ii) allows the firstmentioned person to perform the work; or (c) the person holds an assessment summary under subsection (4) about the person’s competence to perform work to remove bonded asbestos containing material, that was issued within 60 days before the day on which the work is to be performed; or (d) the person has applied under section 29I for a bonded asbestos removal certificate, and has not received from the chief executive— (i) the certificate; or (ii) notice of refusal for the application. ‘(4) An assessment summary for a person named in the summary must— (a) be issued by an authorised accredited provider or a registered training organisation; and

s 12 21 s 12 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 (b) state that— (i) the person is competent to perform work to remove bonded asbestos containing material; and (ii) the person demonstrated the appropriate underpinning knowledge for the competency assessed; and (c) if— (i) the assessment summary is issued by an authorised accredited provider, state the authorised accredited provider and be signed by the authorised accredited provider; or (ii) the assessment summary is issued by a registered training organisation, state the person who performed the assessment and be signed by the person. ‘(5) In this section— authorised accredited provider means an accredited provider whose functions under section 178(2) of the Actinclude assessing a person’s competence to perform work to remove bonded asbestos containing material. ‘29I Application for bonded asbestos removal certificate ‘A person may apply to the chief executive, under part 5, division 1A, for a bonded asbestos removal certificate. ‘29J Term of certificate ‘A bonded asbestos removal certificate is for a term of 5 years. ‘29K Certificate holder to notify change of address ‘The holder of a bonded asbestos removal certificate must notify the chief executive of a change of the certificate holder’s residential or postal address within 14 days after the change. Maximum penalty—10 penalty units.’.

s 13 22 s 16 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 13 Amendment of s 31 (Application for certificate of authority of appointment) (1) Section 31(1), ‘in accordance with’— omit, insert— ‘under’. (2) Section 31(2)(a)(i) and (ii), ‘an authorised accredited provider or’— omit, insert— ‘a’. (3) Section 31(4), definition authorised accredited provider— omit. 14 Replacement of pt 4A, hdg Part 4A, heading— omit, insert— ‘Part 4A Accredited providers, assessment summaries and registered training organisations ’. 15 Amendment of s 33A (Registered training organisation’s duty for assessing competency) Section 33A, ‘3A or 4’ and footnote— omit, insert— ‘3A, 3B or 4’. 16 Replacement of s 33B (Record of assessment) Section 33B— omit, insert —

s 16 23 s 16 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘33B Authorised accredited provider to make record of assessment and give a copy to applicant ‘(1) This section applies if an authorised accredited provider has assessed an applicant’s competency for part 3A or 3B. ‘(2) After assessing the applicant’s competency, the authorised accredited provider must— (a) make a record of the assessment; and (b) give a copy of it to the applicant. Maximum penalty—20 penalty units. ‘(3) In this section— authorised accredited provider — (a) if the assessment was made under part 3A—see section 29C; or (b) if the assessment was made under part 3B—see section 29H. ‘33C Record of assessment by authorised accredited provider before 1 July 2007 ‘(1) This section applies if— (a) an authorised accredited provider has assessed an applicant’s competency for part 3 or 4 as in force at any time before 1 July 2007; and (b) the authorised accredited provider holds a record of the assessment. ‘(2) The authorised accredited provider must— (a) if required in writing by the chief executive—give the record of assessment to the chief executive in the way stated in writing by the chief executive; or (b) otherwise—keep the record of assessment for at least 5 years after the assessment is made. Maximum penalty—40 penalty units. ‘(3) In this section—

s 17 24 s 17 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 authorised accredited provider means— (a) if the assessment was made under part 3 as in force at any time before 1 July 2007—an accredited provider whose functions under section 178(2) of the Act include assessing a person’s competency to perform work in the prescribed occupation involved; or (b) if the assessment was made under part 4 as in force at any time before 1 July 2007—an accredited provider whose functions under section 178(2) of the Act include the conduct of the course in relation to which the assessment is made. ‘33D Record of assessment by registered training organisation ‘After a registered training organisation has assessed an applicant’s competency for part 3, 3A, 3B or 4, the organisation must do each of the following— (a) make a record of the assessment; (b) give a copy of it to the applicant. Maximum penalty—20 penalty units. ‘33E Person must not sign false assessment summary ‘A person must not sign an assessment summary that is relied on, or is likely to be relied on, under this regulation if the person knows the assessment summary is false. Maximum penalty—40 penalty units.’. 17 Amendment of s 34 (Definition for pt 5) Section 34, definition certificate — insert — ‘(g) a bonded asbestos removal certificate.’.

s 18 25 s 18 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 18 Amendment of s 35 (How to apply) Section 35— insert— ‘(2) An application for a certificate to work in a prescribed occupation must also be accompanied by— (a) evidence, satisfactory to the chief executive, of the applicant’s identity including date of birth; and (b) an assessment summary under section 17(4) for the applicant for the unit of competency for the prescribed occupation; and (c) a statement of attainment for the applicant for the unit of competency for the prescribed occupation, that was issued within 60 days before the date of the application. ‘(3) However, if the chief executive is satisfied the applicant has at least the level of competence required for the unit of competency for the prescribed occupation, the chief executive may, for the application, exempt the person from the requirements under subsection (2)(b) and (c). ‘(4) If an assessment summary is required to be included in an application for a bonded asbestos removal certificate, the chief executive may, for the application, exempt the person from the requirement if the chief executive is satisfied the applicant— (a) is a competent person under section 29F(2); and (b) has performed asbestos removal work in the last 5 years; and (c) is competent to perform work to remove bonded asbestos containing material. ‘(5) If an assessment summary is required to be included in an application for a certificate of authority of appointment of a workplace health and safety officer, the chief executive may, for the application, exempt the person from the requirement if the chief executive is satisfied the applicant has at least the level of competence required for the unit of competency to which the assessment summary relates.’.

s 19 26 s 21 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 19 Insertion of new s 36B After section 36A— insert— ‘36B Refusal to grant certificate—false assessment summary ‘(1) This section applies to an application for a certificate. ‘(2) The chief executive may refuse the application if a person who performed an assessment summary that is relied on for the application has, within 5 years immediately before the application is made, been charged with or convicted of an offence against section 33E. ‘(3) Subsection (2) does not apply if the charge is withdrawn or dismissed. ‘(4) Despite subsection (2), the chief executive may grant the certificate if the chief executive reasonably believes the assessment summary is satisfactory in the particular case.’. 20 Amendment of s 38 (Refusal of application) (1) Section 38(1), after ‘notice’— insert— ‘ ( notice of refusal )’. (2) Section 38(2), after ‘notice’— insert— ‘of refusal’. 21 Amendment of s 40 (Definition for div 2) Section 40, definition certificate — insert— ‘(c) a bonded asbestos removal certificate.’.

s 22 27 s 24 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 22 Amendment of s 46 (Surrender of certificate) Section 46(3)(b), ‘the later day’— omit, insert— ‘on the later day’. 23 Insertion of new pt 5, div 5 After section 46D— insert— ‘Division 5 Obligation of relevant person ‘46E Way to prevent or minimise risk prescribed ‘(1) This section prescribes ways of preventing or minimising exposure to risk from lack of precautions or diligence. ‘(2) If work is performed in conducting the business or undertaking of a relevant person under a certificate other than— (a) a certificate of registration of registrable plant; or (b) a certificate of registration of registrable plant design; or (c) a certificate of authority of appointment of a workplace health and safety officer; the relevant person must not induce the holder of the certificate not to take reasonable precautions or exercise proper diligence in performing the work, activity or function under the certificate.’. 24 Amendment of s 48 (Exemption from payment of fees) (1) Section 48(3), definitions government entity and non-Queensland government entity , ‘section 3’— omit, insert — ‘schedule’. (2) Section 48(3), definition owner-builder permit , ‘section 4’—

s 25 28 s 29 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 omit, insert — ‘schedule 2’. 25 Amendment of s 51 (Start and finish of building and construction work) Section 51, ‘division’— omit, insert— ‘part’. 26 Replacement of pt 11, hdg Part 11, heading— omit, insert— ‘Part 11 Asbestos removal and management ’. 27 Amendment of s 69A (Definitions for pt 11) Section 69A, definition asbestos removalist — omit. 28 Amendment of s 69D (Removing ACM) Section 69D(2), ‘management’— omit, insert— ‘removal’. 29 Amendment of s 74 (Performing asbestos removal work) Section 74(1), ‘An asbestos removalist’— omit, insert— ‘A person’.

s 30 29 s 34 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 30 Amendment of s 86 (Competent person for s 82—person doing underwater diving work on no more than 28 days in the last 6 months) (1) Section 86(2)(b), after ‘6 months,’— insert — ‘the person’. (2) Section 86(3)(b), after ‘at any time’— insert — ‘, the person’. 31 Amendment of s 86AA (Competent person for s 82—someone who has spent at least 15 hours doing the same type of work as the underwater diving work) Section 86AA(1)(b), ‘section 86(c)(i)’— omit, insert — ‘section 86(1)(c)(i)’. 32 Amendment of s 112 (Keeping records) Section 112(4), ‘an’— omit, insert — ‘a’. 33 Amendment of s 135A (Removal of relevant person from a lead-risk job) Section 135A(1)(c)— renumber as section 135A(1)(b). 34 Amendment of s 158 (Meaning of work method statement for high risk construction activity that is prescribed activity) (1) Section 158(1), ‘a certificate under section 29B’ and footnote—

s 35 30 s 35 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 omit, insert— ‘a certificate prescribed in subsection (3)’. (2) Section 158(1)(c), from ‘under’ to ‘activity’— omit. (3) Section 158— insert— ‘(3) For subsection (1), the following are prescribed— (a) if the activity is asbestos removal work, that is work to remove 10m 2 or more of bonded asbestos containing material—a bonded asbestos removal certificate; (b) otherwise—a certificate under section 29B to perform the activity.’. 35 Insertion of new pt 23, div 6 After section 243— insert— ‘Division 6 Transitional provisions for Workplace Health and Safety andOther Legislation AmendmentRegulation (No. 1) 2007, part 2, division 2 ‘Subdivision 1 Definition for division 6 ‘244 Definition for div 6 ‘In this division— commencement means the commencement of this section.

s 35 31 s 35 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘Subdivision 2 Assessments by authorised accredited providers ‘245 Assessment for prescribed occupations made, but no application, before commencement ‘(1) This section applies if, before the commencement— (a) an application for a certificate to work in a prescribed occupation has been made to the chief executive; and (b) the application has not been approved by the chief executive and an appropriate certificate granted or the application has not been refused and notice of refusal given to the applicant; and (c) an authorised accredited provider has, under old section 19, assessed the applicant for a certificate to work in the prescribed occupation. ‘(2) The application must be decided and otherwise dealt with under this regulation as in force immediately before the commencement. ‘(3) On and after the commencement, but no later than 60 days after the assessment is made, the applicant is taken, for section 17, to have appropriate authority to perform work in the prescribed occupation. ‘(4) In this section— authorised accredited provider see old section 19. old section 19 means section 19 as in force immediately before the commencement. ‘246 Application for certificate of authority of appointment of a workplace health and safety officer—assessment made but no application made before commencement ‘(1) This section applies if— (a) before the commencement, an authorised accredited provider has, under old section 31, assessed a person as competent to perform the functions of a workplace heath and safety officer under the Act; and

s 35 32 s 35 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 (b) on or after the commencement but within 3 months after the assessment is made, the person applies under part 5 for, or for renewal of, a certificate of authority of appointment of a workplace health and safety officer. ‘(2) Section 31(2)(a) does not apply to the application. ‘(3) In this section— authorised accredited provider see old section 31. old section 31 means section 31 as in force immediately before the commencement. ‘247 Application for certificate of authority of appointment of a workplace health and safety officer—unfinished training or assessment ‘(1) This section applies if— (a) either— (i) an authorised accredited provider started to train a person to achieve either of the following, but has not finished the training before the commencement— (A) competence to perform the functions of a workplace health and safety officer under the Act; (B) competence to continue to perform the functions of a workplace health and safety officer under the Act; or (ii) an authorised accredited provider started to assess a person’s— (A) competence to perform the functions of a workplace health and safety officer under the Act; or (B) competence to continue to perform the functions of a workplace health and safety officer under the Act; and

s 35 33 s 35 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 (b) on or after the commencement the person applies for, or for renewal of, a certificate of authority of appointment of a workplace health and safety officer. ‘(2) If, on or after the commencement, the person is assessed by the authorised accredited provider as competent to perform those functions, section 31(2)(a)(i) is taken to be satisfied for the application. ‘(3) If, on or after the commencement, the person is assessed by the authorised accredited provider as competent to continue to perform those functions, section 31(2)(a)(ii) is taken to be satisfied for the application. ‘(3) In this section— authorised accredited provider see old section 31. old section 31 means section 31 as in force immediately before the commencement. ‘248 Application for certificate of authority of appointment of a workplace health and safety officer—undecided application made before commencement ‘(1) This section applies to an application made before the commencement under this regulation for, or for renewal of, a certificate of authority of appointment of a workplace health and safety officer. ‘(2) If, before the commencement, the application has not been decided, the application must be decided and otherwise dealt with under this regulation as in force immediately before the commencement. ‘Subdivision 3 Other matters ‘249 Changes in scope of prescribed occupations ‘(1) A certificate to work in a prescribed occupation ( old prescribed occupation ) issued before the commencement is, after the commencement, taken to be a certificate to work in

s 36 34 s 37 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 the prescribed occupation that is nearest in scope to the scope of the old prescribed occupation. ‘(2) Subsection (3) applies if— (a) an application for a certificate to work in a prescribed occupation was made but not decided before the commencement; and (b) on the commencement, there is no prescribed occupation that has the same scope as the prescribed occupation. ‘(3) The application is taken to be an application for a certificate to work in the prescribed occupation that is nearest in scope to the scope of the prescribed occupation.’. 36 Amendment of sch 1 (Fees) Schedule 1— insert— ‘6A Bonded asbestos removal certificate (1) This section sets the fee relating to a bonded asbestos removal certificate. (2) The fee is— (a) for an application, under section 35, for a certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . 49.70 (b) for an application, under section 45, to replace a lost, damaged or destroyed certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00’. 37 Amendment of sch 3 (Registrable plant) Schedule 3, authorising section, before ‘schedule 9’— insert— ‘section 39G and’.

s 38 35 s 38 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 38 Replacement of sch 5 (Prescribed occupations) Schedule 5— omit, insert— ‘Schedule 5 Prescribed occupations and units of competency for prescribed occupations schedule 9, definitions prescribed occupation and unit of competency ‘Part 1 Scaffolding work ‘1 Basic scaffolder ‘(1) The occupation is basic scaffolder. ‘(2) The unit of competency for the occupation is Perform basic scaffolding operations, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘2 Intermediate scaffolder ‘(1) The occupation is intermediate scaffolder. ‘(2) The unit of competency for the occupation is Perform intermediate scaffolding operations, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘3 Advanced scaffolder ‘(1) The occupation is advanced scaffolder. ‘(2) The unit of competency for the occupation is Perform advanced scaffolding operations, in accredited course

s 38 36 s 38 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 30497QLD—Course in operating crane, rigging and scaffolding. ‘Part 2 Rigging work ‘4 Dogger ‘(1) The occupation is dogger. ‘(2) The unit of competency for the occupation is Perform dogging operations, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘5 Basic rigger ‘(1) The occupation is basic rigger. ‘(2) The unit of competency for the occupation is Perform basic rigging operations, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘6 Intermediate rigger ‘(1) The occupation is intermediate rigger. ‘(2) The unit of competency for the occupation is Perform intermediate rigging operations, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘7 Advanced rigger ‘(1) The occupation is advanced rigger. ‘(2) The unit of competency for the occupation is Perform advanced rigging operations, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding.

s 38 37 s 38 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘Part 3 Crane and hoist operation ‘8 Tower crane ‘(1) The occupation is operator of a tower crane. ‘(2) The unit of competency for the occupation is Operate a tower crane, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘9 Self-erecting tower crane ‘(1) The occupation is operator of a self-erecting tower crane. ‘(2) The unit of competency for the occupation is Operate a self-erecting tower crane, in accredited course 30494QLD—Course in self-erecting tower crane operation. ‘10 Derrick crane ‘(1) The occupation is operator of a derrick crane. ‘(2) The unit of competency for the occupation is Operate a derrick crane, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘11 Portal boom crane ‘(1) The occupation is operator of a portal boom crane. ‘(2) The unit of competency for the occupation is Operate a portal boom crane, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘12 Bridge or gantry crane (remote controlled) ‘(1) The occupation is operator of a bridge or gantry crane, if— (a) the load being lifted by remote control is more than 5t; and (b) the crane has 3 or less powered operations.

s 38 38 s 38 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘(2) The unit of competency for the occupation is Operate a bridge or gantry crane (remote operation only), in accredited course 30496QLD—Course in operating load shifting equipment. ‘13 Bridge or gantry crane (non-remote controlled) ‘(1) The occupation is operator of a bridge and gantry crane, other than a bridge or gantry crane operated by remote control having 3 or less powered operations. ‘(2) For subsection (1), each of the following is a single powered operation— (a) raising and lowering a load; (b) moving the crane along runways; (c) traversing the hoisting mechanism across the bridge beam; (d) rotating the hoisting mechanism. ‘(3) The unit of competency for the occupation is Operate a bridge and gantry crane, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘14 Vehicle loading crane ‘(1) The occupation is operator of a vehicle loading crane with a capacity of 10 metre tonnes or more. ‘(2) The unit of competency for the occupation is Operate a vehicle loading crane, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘15 Non-slewing mobile crane ‘(1) The occupation is operator of a non-slewing mobile crane with a capacity of more than 3t. ‘(2) The unit of competency for the occupation is Operate non-slewing mobile cranes (less than 3 tonnes capacity), in accredited course 30497QLD—Course in operating crane, rigging and scaffolding.

s 38 39 s 38 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘16 Slewing mobile crane with a capacity of 20t or less ‘(1) The occupation is operator of— (a) a slewing mobile crane with a capacity of 20t or less; or (b) a non-slewing mobile crane with a capacity of more than 3t; or (c) a vehicle loading crane with a capacity of 10 metre tonnes or more. ‘(2) The unit of competency for the occupation is Operate slewing mobile crane (up to 20 tonnes), in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘17 Slewing mobile crane with a capacity of 60t or less ‘(1) The occupation is operator of— (a) a slewing mobile crane with a capacity of 60t or less; or (b) a non-slewing mobile crane with a capacity of more than 3t; or (c) a vehicle loading crane with a capacity of 10 metre tonnes or more. ‘(2) The unit of competency for the occupation is Operate slewing mobile crane (up to 60 tonnes), in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘18 Slewing mobile crane with a capacity of 100t or less ‘(1) The occupation is operator of— (a) a slewing mobile crane with a capacity of 100t or less; or (b) a non-slewing mobile crane with a capacity of more than 3t; or (c) a vehicle loading crane with a capacity of 10 metre tonnes or more.

s 38 40 s 38 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘(2) The unit of competency for the occupation is Operate slewing mobile crane (up to 100 tonnes), in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘19 Slewing mobile crane with a capacity of more than 100t ‘(1) The occupation is operator of— (a) a slewing mobile crane with a capacity of more than 100t; or (b) a non-slewing mobile crane with a capacity of more than 3t; or (c) a vehicle loading crane with a capacity of 10 metre tonnes or more. ‘(2) The unit of competency for the occupation is Operate slewing mobile crane (open/over 100 tonnes), in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘20 Materials hoist ‘(1) The occupation is operator of a materials hoist with a cantilever platform. ‘(2) The unit of competency for the occupation is Operate material hoists (cantilever platform), in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘21 Materials or personnel hoist ‘(1) The occupation is operator of a materials or personnel hoist. ‘(2) The unit of competency for the occupation is Operate a hoist (material or personnel) in accredited course 30497QLD—Course in operating crane, rigging and scaffolding.

s 38 41 s 38 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘22 Boom-type elevating work platform ‘(1) The occupation is operator of a boom-type elevating work platform with a boom length of 11m or more. ‘(2) The unit of competency for the occupation is Operate boom type elevating work platforms (boom length 11 metres or more), in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘23 Mobile truck mounted concrete placing boom ‘(1) The occupation is operator of a mobile truck mounted concrete placing boom with a knuckle boom capable of power operated slewing and luffing. ‘(2) The unit of competency for the occupation is Operate a vehicle loading crane, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘Part 4 Forklift operation ‘24 Forklift truck ‘(1) The occupation is operator of a forklift truck, other than a pedestrian operated forklift truck. ‘(2) The unit of competency for the occupation is Operate a forklift truck, in accredited course 30496QLD—Course in operating load shifting equipment. ‘25 Order picking forklift truck ‘(1) The occupation is operator of an order picking forklift truck. ‘(2) The unit of competency for the occupation is Operate an order picking forklift truck, in accredited course 30496QLD—Course in operating load shifting equipment.

s 38 42 s 38 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘Part 5 Pressure equipment operation ‘26 Basic boiler operator ‘(1) The occupation is basic boiler operator. ‘(2) The unit of competency for the occupation is Operate a boiler (basic), in accredited course 30498QLD—Course in operating pressure equipment. ‘27 Intermediate boiler operator ‘(1) The occupation is intermediate boiler operator. ‘(2) The unit of competency for the occupation is Operate a boiler (intermediate), in accredited course 30498QLD—Course in operating pressure equipment. ‘28 Advanced boiler operator ‘(1) The occupation is advanced boiler operator. ‘(2) The unit of competency for the occupation is Operate a boiler (advanced), in accredited course 30498QLD—Course in operating pressure equipment. ‘29 Turbine operator ‘(1) The occupation is operator of a turbine with a power output of 500kW or more. ‘(2) The unit of competency for the occupation is Operate a turbine, in accredited course 30498QLD—Course in operating pressure equipment. ‘30 Reciprocating steam engine operator ‘(1) The occupation is operator of a reciprocating steam engine with a piston diameter of more than 250mm. ‘(2) The unit of competency for the occupation is Operate a reciprocating steam engine, in accredited course 30498QLD—Course in operating pressure equipment.

s 38 43 s 38 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘Part 6 Earthmoving equipment operation ‘31 Dozer ‘(1) The occupation is operator of a dozer. ‘(2) The unit of competency for the occupation is Operate a dozer (wheeled and tracked), in accredited course 30496QLD—Course in operating load shifting equipment. ‘32 Excavator having an engine capacity of more than 2L ‘(1) The occupation is operator of an excavator having an engine capacity of more than 2L. ‘(2) The unit of competency for the occupation is Operate an excavator, in accredited course 30496QLD—Course in operating load shifting equipment. ‘33 Front-end loader having an engine capacity of more than 2L ‘(1) The occupation is operator of a front-end loader having an engine capacity of more than 2L. ‘(2) The unit of competency for the occupation is Operate a front end loader, in accredited course 30496QLD—Course in operating load shifting equipment. ‘34 Front-end loader or backhoe having an engine capacity of more than 2L ‘(1) The occupation is operator of a front-end loader or backhoe having an engine capacity of more than 2L. ‘(2) The unit of competency for the occupation is Operate a front end loader/backhoe, in accredited course 30496QLD—Course in operating load shifting equipment.

s 39 44 s 39 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘35 Grader ‘(1) The occupation is operator of a grader. ‘(2) The unit of competency for the occupation is Operate a grader, in accredited course 30496QLD—Course in operating load shifting equipment. ‘36 Road roller having an engine capacity of more than 2L ‘(1) The occupation is operator of a road roller having an engine capacity of more than 2L. ‘(2) The unit of competency for the occupation is Operate a roller, in accredited course 30496QLD—Course in operating load shifting equipment. ‘37 Skid steer loader having an engine capacity of more than 2L ‘(1) The occupation is operator of a skid steer loader having an engine capacity of more than 2L. ‘(2) The unit of competency for the occupation is Operate a front end loader skid steer type, in accredited course 30496QLD—Course in operating load shifting equipment. ‘38 Scraper ‘(1) The occupation is operator of a scraper. ‘(2) The unit of competency for the occupation is Operate a scraper, in accredited course 30496QLD—Course in operating load shifting equipment.’. 39 Amendment of sch 8C, s 9 (Application of subdiv 2) (1) Schedule 8C, section 9, heading ‘subdiv’— omit, insert— ‘ sdiv ’. (2) Schedule 8C, section 11(1)(a) and (3)(a), ‘; and’—

s 40 45 s 42 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 omit, insert— ‘;’. 40 Amendment of sch 8D, s 3 (How to comply with performance requirements) Schedule 8D, section 3(5)(a), ‘and’— omit. 41 Amendment of sch 8E, s A1.1 (Definitions) (1) Schedule 8E, section A1.1, definition Owner, ‘section 3(1)’— omit, insert— ‘ schedule 2 ’. (2) Schedule 8E, section A1.1, definition Road— omit, insert— ‘ Road see the Building Regulation 2006, schedule 4. ’. 42 Amendment of sch 9 (Dictionary) (1) Schedule 9, second definition barricade , and definitions building , competency standard and national standard— omit. (2) Schedule 9— insert— ‘ accredited course means a course accredited under the Vocational Education, Training and Employment Act 2000. assessment means the process of collecting evidence and making judgments on whether competency has been achieved to decide whether a person can perform to the standard expected in the workplace, as expressed in the learning outcomes of a unit of competency. assessment summary means a document that records the result of an assessment.

s 42 46 s 42 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 building , for part 21A, part 23, division 4 and schedules 8C, 8D, 8E and 8F, see the Building Act 1975 , schedule 2. certificate , for part 5, see section 34. competency means the ability to perform tasks or duties to the standard expected in employment. design verifier , for part 5, division 1A, subdivision 2, see section 39B. notice of refusal see section 38(1). unit of competency , for a prescribed occupation, means the unit of competency stated in schedule 5 for the prescribed occupation.’. (3) Schedule 9, definition engineering principles , after ‘ principles ’— insert — ‘, for part 5, division 1A, subdivision 2,’. (4) Schedule 9, definition excessive noise , after ‘ noise ’— insert — ‘, for part 10,’. (5) Schedule 9, definition lead process , paragraph (i)(iii), before ‘coated’— insert — ‘a thing’. (6) Schedule 9, definition rural industry , paragraph (d)— omit, insert — ‘(d) in aquaculture; or’. (7) Schedule 9, definition rural industry , paragraph (f), ‘paragraphs (a), (b) and (d) to (f)’— omit, insert — ‘paragraph (a), (b), (d) or (e)’. (8) Schedule 9, definition spray painting , paragraph (a)(ii), at the end—

s 43 47 s 43 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 insert — ‘or’. (9) Schedule 9, definition technical standard , after ‘ standard ’— insert — ‘, for part 5, division 1A, subdivision 2,’. Division 3 Amendments commencing on 1 July 2008 43 Replacement of pt 3 (Prescribed occupations) Part 3— omit, insert— ‘Part 3 High risk work and operation of earthmoving equipment and particular crane ‘Division 1 Performing high risk work ‘17 Authority to perform high risk work ‘(1) An employer must not employ or otherwise allow a worker to perform high risk work unless the worker has appropriate authority to perform the high risk work. Maximum penalty—40 penalty units. ‘(2) A person must not perform high risk work unless the person has appropriate authority to perform the high risk work. Maximum penalty—40 penalty units. ‘(3) A person has appropriate authority to perform high risk work for the class of high risk work that includes the high risk work if— (a) the person holds a licence to perform the class of high risk work; or

s 43 48 s 43 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 (b) the person holds a licence, issued by a recognised official, authorising the performance of a class of work that is the same or substantially the same as the class of high risk work; or (c) the person is a trainee in the high risk work; or (d) the person holds an assessment summary under subsection (4) for the unit of competency for the class of high risk work, that was issued within 14 days before the day on which the work is to be performed; or (e) the person holds a statement of attainment for the unit of competency for the class of high risk work, that was issued within 60 days before the day on which the work is to be performed; or (f) the person has applied under section 19 for a licence, or a variation of a licence, to perform the class of high risk work, and has not received from the chief executive— (i) the licence or the grant of the variation; or (ii) notice of refusal for the application. ‘(4) An assessment summary for a person named in the summary must— (a) be issued by a registered training organisation; and (b) state the person who performed the assessment and be signed by that person; and (c) state, for the unit of competency to which the assessment summary relates, that the person named in the summary— (i) is competent; and (ii) demonstrated the appropriate underpinning knowledge and practical assessment. ‘(5) Subsection (1) does not apply to a worker, and subsection (2) does not apply to a person, if the worker or person holds an exemption under section 21 in relation to performing the high risk work.

s 43 49 s 43 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘18 Work incidental to high risk work ‘(1) This section applies to— (a) a person— (i) whose work is primarily— (A) the maintenance, servicing or repair of plant; or Example — a person who repairs the boom of a crane if the person does not lift a load with the crane (B) the demonstration of plant for sale; and (ii) who performs work not involving use of the plant for the purpose for which it was designed; and (b) a person— (i) whose work is primarily the maintenance, servicing or repair of plant; and Example — a person who, when repairing a pump, needs to lift the pump if it weighs no more than 1t (ii) who performs rigging work not involving lifting a load of more than 1t. ‘(2) The person is taken not to be performing high risk work. ‘19 Application for licence to perform a class of high risk work or for variation of licence ‘A person may apply to the chief executive, under part 5, division 1A, for— (a) a licence to perform a class of high risk work; or (b) a variation of a licence to perform a class of high risk work.

s 43 50 s 43 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘20 Application for exemption from holding licence ‘(1) An employer may apply to the chief executive for an exemption from holding a licence to perform a class of high risk work for a worker of the employer. ‘(2) A self-employed person may apply to the chief executive for an exemption from holding a licence to perform a class of high risk work. ‘(3) An application under subsection (1) or (2) must be made in the approved form and state— (a) the reasons for making the application; and (b) the alternative measures to be used to ensure the high risk work for which the exemption is sought is performed safely. ‘(4) The chief executive may grant the exemption if the chief executive is satisfied— (a) the applicant proposes to use particular alternative measures to ensure the work is performed safely; and (b) the alternative measures will ensure the work is performed safely. ‘(5) The chief executive may require an applicant under subsection (1) or (2) to give the chief executive any further information the chief executive reasonably requires to decide the application. ‘(6) A requirement under subsection (5) may state a reasonable period, of at least 28 days, by which the stated further information must be given to the chief executive. ‘(7) If an exemption is granted, the chief executive may place restrictions on the performance of high risk work in the class of high risk work. ‘21 Decision on application for exemption ‘(1) If the chief executive decides to grant an exemption under section 20, the chief executive must issue the exemption to the applicant.

s 43 51 s 43 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘(2) If the chief executive decides to refuse an application under section 20, the chief executive must give written notice to the applicant about the decision within 10 days after making the decision. ‘(3) The notice must state— (a) the reasons for the refusal; and (b) that the person may appeal against the decision under part 11 2 of the Act. ‘22 Licence holder to notify change of address ‘The holder of a licence to perform a class of high risk work must notify the chief executive of a change of the licence holder’s residential or postal address within 14 days after the change. Maximum penalty—10 penalty units. ‘23 Holder to make licence issued by recognised official available for inspection ‘(1) This section applies to a licence issued by a recognised official that has been or is to be relied on to authorise the performance of high risk work. ‘(2) To enforce compliance with the Act, the chief executive may require the holder of the licence to make the licence available for inspection by the chief executive, or produce it to the chief executive for inspection, at a reasonable time and place stated by the chief executive. ‘(3) To enforce compliance with the Act, an inspector may require the holder to make the licence available for inspection by an inspector, or produce it to an inspector for inspection, at a reasonable time and place stated by the inspector. ‘(4) The holder must comply with a requirement under subsection (2) or (3), unless the holder has a reasonable excuse for not complying. 2 Part 11 (Appeals) of the Act

s 43 52 s 43 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 Maximum penalty—10 penalty units. ‘(5) If the holder is an individual, it is a reasonable excuse for the holder not to comply with the requirement under subsection (2) or (3) if complying with the requirement might tend to incriminate the holder. ‘Division 2 Performing work in an earthmoving or particular crane occupation ‘24 Authority to perform work in an earthmoving or particular crane occupation ‘(1) An employer must not employ or otherwise allow a worker to perform work in an earthmoving or particular crane occupation unless the worker has appropriate authority to perform work in the earthmoving or particular crane occupation. Maximum penalty—40 penalty units. ‘(2) A person must not perform work in an earthmoving or particular crane occupation unless the person has appropriate authority to perform work in the earthmoving or particular crane occupation. Maximum penalty—40 penalty units. ‘(3) A person has appropriate authority to perform work in an earthmoving or particular crane occupation if— (a) the person holds an earthmoving or particular crane work certificate for the occupation; or (b) the person is a trainee in the occupation; or (c) the person holds an assessment summary under subsection (4) for the unit of competency for the occupation, that was issued within 14 days before the day on which the work is to be performed; or (d) the person holds a statement of attainment for the unit of competency, that was issued within 60 days before the work is to be performed; or

s 43 53 s 43 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 (e) the person has applied under section 27 for an earthmoving or particular crane work certificate for the occupation, and has not received from the chief executive— (i) the certificate; or (ii) notice of refusal for the application; or (f) the person holds a certificate, issued by a recognised official, authorising work in an occupation that is the same or substantially the same as the occupation. ‘(4) An assessment summary for a person named in the summary must— (a) be issued by a registered training organisation; and (b) state the person who performed the assessment and be signed by that person; and (c) state, for the unit of competency to which the assessment summary relates, that the person named in the summary— (i) is competent; and (ii) demonstrated the appropriate underpinning knowledge and practical assessment. ‘(5) Subsection (1) does not apply to a worker, and subsection (2) does not apply to a person, if the worker or person holds an exemption under section 28A in relation to performing work in the earthmoving or particular crane occupation. ‘25 Work incidental to earthmoving or particular crane operation ‘(1) This section applies to a person— (a) whose work is primarily— (i) the maintenance, servicing or repair of plant; or (ii) the demonstration of plant for sale; and (b) who performs work not involving use of the plant for the purpose for which it was designed.

s 43 54 s 43 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘(2) The person is taken not to be performing work in an earthmoving or particular crane occupation. ‘26 Certificate holder to notify change of address ‘The holder of an earthmoving or particular crane work certificate must notify the chief executive of a change of the certificate holder’s residential or postal address within 14 days of the change. Maximum penalty—10 penalty units. ‘27 Application for earthmoving or particular crane work certificate ‘A person may apply to the chief executive, under part 5, division 1A, for an earthmoving or particular crane work certificate. ‘28 Application for exemption from holding certificate ‘(1) An employer may apply to the chief executive for an exemption from holding an earthmoving or particular crane work certificate for a worker of the employer. ‘(2) A self-employed person may apply to the chief executive for an exemption from holding an earthmoving or particular crane work certificate. ‘(3) An application under subsection (1) or (2) must be made in the approved form and state— (a) the reasons for making the application; and (b) the alternative measures to be used to ensure work in the earthmoving or particular crane occupation for which the exemption is sought is performed safely. ‘(4) The chief executive may grant the exemption if the chief executive is satisfied— (a) the applicant proposes to use particular alternative measures to ensure the work is performed safely; and

s 43 55 s 43 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 (b) the alternative measures will ensure the work is performed safely. ‘(5) The chief executive may require an applicant under subsection (1) or (2) to give the chief executive any further information the chief executive reasonably requires to decide the application. ‘(6) A requirement under subsection (5) may state a reasonable period, of at least 28 days, by which the stated further information must be given to the chief executive. ‘(7) If an exemption is granted, the chief executive may place restrictions on the performance of the work in the earthmoving or particular crane occupation. ‘28A Decision on application for exemption ‘(1) If the chief executive decides to grant an exemption under section 28, the chief executive must issue the exemption to the applicant. ‘(2) If the chief executive decides to refuse an application under section 28, the chief executive must give written notice to the applicant about the decision within 10 days after making the decision. ‘(3) The notice must state— (a) the reasons for the refusal; and (b) that the person may appeal against the decision under part 11 3 of the Act. ‘28B Holder to make certificate issued by recognised official available for inspection ‘(1) This section applies to a certificate issued by a recognised official that has been or is to be relied on to authorise the performance of work in an earthmoving or particular crane occupation. 3 Part 11 (Appeals) of the Act

s 45 83 s 45 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 (d) the immediate suspension has effect until the later of the following— (i) 14 days after the date of the notice; or (ii) if a show cause notice is given to the holder, within 10 days after the notice is given, for proposed action to suspend or cancel the certificate, licence or licence class— (A) the chief executive decides not to take the proposed action and gives written notice to the holder that the immediate suspension ends; or (B) a decision of the chief executive, on the proposed action, to suspend or cancel the certificate, licence or licence class takes effect; (e) that the holder may appeal against the decision to suspend the certificate, licence or licence class under part 11 of the Act. ‘46D Further provision about immediate suspension ‘(1) This section applies if notice is given, under section 46C, to the holder of a certificate, licence or licence class. ‘(2) The suspension has effect until the later of the following— (a) 14 days after the notice is given; or (b) if a show cause notice is given to the holder, within 10 days after the notice is given, to suspend or cancel the certificate, licence or licence class— (i) the chief executive decides not to take the proposed action and gives written notice to the holder that the immediate suspension ends; or (ii) a decision of the chief executive, on the proposed action, to suspend or cancel the certificate, licence or licence class takes effect.

s 45 84 s 45 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘46E Suspension or cancellation of earthmoving or particular crane work certificate, licence or licence class on recommendation of recognised official ‘(1) This section applies to an earthmoving or particular crane work certificate, licence or licence class if— (a) a recognised official recommends in writing to the chief executive that the chief executive suspend or cancel the certificate, licence or licence class; and (b) the recommendation is made only after the official— (i) has given the holder of the certificate, licence or licence class a reasonable opportunity to show cause why the certificate, licence or licence class should not be suspended or cancelled; and (ii) has considered all written or oral submissions made by or for the holder to the official about why the proposed action should not be taken. ‘(2) The chief executive may suspend or cancel the certificate, licence or licence class without complying with sections 46A and 46B. ‘(3) If the chief executive decides to cancel or suspend the certificate, licence or licence class, the chief executive must give the holder written notice about the decision stating— (a) the reasons for the decision; and (b) that the holder may appeal against the decision under part 11 of the Act. ‘(4) The suspension or cancellation of the certificate, licence or licence class takes effect on the day stated in the notice, but not earlier than 14 days after the day the notice is given. ‘46F Requirement for retraining ‘(1) The section applies in relation to a suspension under section 46A(1) of any of the following— (a) an earthmoving or particular crane work certificate; (b) a licence;

s 45 85 s 45 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 (c) a licence class. ‘(2) If the suspension included a requirement for retraining in relation to the certificate, licence or licence class, the suspension does not end until the chief executive is satisfied the holder of the certificate, licence or licence class has undertaken the training as stated in the notice given to the holder under section 46B(3). ‘46G Certificate or licence to be returned ‘(1) A person whose certificate, licence or licence class is suspended or cancelled must return the certificate or licence to which the suspension or cancellation relates 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. ‘(2) If a suspended certificate is returned to the chief executive, the chief executive must return the certificate to the holder of the certificate at the end of the period of the suspension. ‘(3) If the licence to which a suspension of a licence or licence class relates is returned to the chief executive and the licence is only for 1 licence class, the chief executive must return the licence to the holder of the licence at the end of the period of the suspension. ‘46H Replacement licence to be issued for remaining licence class ‘If a licence for more than 1 licence class is not suspended or cancelled in relation to all licence classes, the chief executive must issue a replacement licence for the licence to which the suspension or cancellation relates, for the class or classes of high risk work that are not suspended or cancelled.

s 46 86 s 46 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘Division 5 Obligation of relevant person ‘46I Way to prevent or minimise risk prescribed ‘(1) This section prescribes ways of preventing or minimising exposure to risk from lack of precautions or diligence. ‘(2) If work is performed in conducting the business or undertaking of a relevant person under any of the following— (a) a certificate other than— (i) a certificate of registration of registrable plant; or (ii) a certificate of registration of registrable plant design; or (iii) a certificate of authority of appointment of a workplace health and safety officer; (b) a licence; (c) a corresponding authority to an earthmoving or particular crane work certificate, licence or licence class; the relevant person must not induce the holder of the certificate, licence or authority not to take reasonable precautions or exercise proper diligence in performing the work, activity or function under the certificate, licence, licence class or authority was granted.’. 46 Amendment of s 157 (Meaning of work method statement for high risk construction activity other than prescribed activity) Section 157(1)(f)— omit, insert— ‘(f) if the activity is to be performed in an earthmoving or particular crane occupation—the occupation; and (g) if the activity is high risk work—the class of high risk work that includes the work.’.

s 47 87 s 49 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 47 Replacement of pt 17, div 2, sdiv 5, hdg and s 171 Part 17, division 2, subdivision 5, heading and section 171— omit, insert— ‘Subdivision 5 Principal contractor’s obligation for others ‘171 Authority to perform work for prescribed activities, work in an earthmoving or particular crane occupation or high risk work ‘A principal contractor must not allow a person to perform the following— (a) high risk work unless the person has appropriate authority to perform the high risk work under section 17 or is exempted from the requirement to hold appropriate authority; (b) work in an earthmoving or particular crane occupation unless the person has appropriate authority to perform work in the occupation under section 24 or is exempted from the requirement to hold appropriate authority; (c) work that is a prescribed activity unless the person has authority under section 29B to perform the activity or section 29B does not apply to the performance of the work. Maximum penalty—30 penalty units.’. 48 Omission of s 240 (Certificates to work in prescribed occupation—self-erecting tower cranes) Section 240— omit. 49 Insertion of new part 23, div 7 After section 249— insert—

s 49 88 s 49 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘Division 7 Transitional provisions for Workplace Health and Safety andOther Legislation AmendmentRegulation (No. 1) 2007, part 2, division 3 ‘250 Applications for certificates to work in a prescribed occupation ‘(1) This section applies to an application for a certificate to work in a prescribed occupation that— (a) was made under this regulation before 1 July 2008; and (b) has not been decided. ‘(2) The application must be decided and otherwise dealt with under this regulation as in force immediately before 1 July 2008. ‘(3) However, if the chief executive decides to grant the application, the chief executive must, instead of granting the certificate stated in the application, issue— (a) if the proposed certificate relates to work that corresponds to the work to which an earthmoving or particular crane work occupation relates—an earthmoving or particular crane work certificate for the occupation; or (b) otherwise—a licence to perform the class of high risk work, that corresponds to the work to which the proposed certificate relates. ‘251 Unfinalised proposed action ‘(1) This section applies if proposed action stated in a show cause notice given to a person before 1 July 2008 has not been finalised. ‘(2) The chief executive must decide whether to take the proposed action, and may otherwise finalise the proposed action, under section 46B as in force immediately before 1 July 2008.’.

s 50 89 s 50 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 50 Amendment of sch 1 (Fees) Schedule 1, section 4— omit, insert— ‘4 Certificates of authority of appointment of a workplace health and safety officer (1) This section sets the fee relating to a certificate of authority of appointment of a workplace health and safety officer under part 4. (2) The fee is— (a) for an assessment of qualifications or experience for the certificate. . . . . . . . . . . . 25.00 (b) for an application, under section 35, for a certificate of authority of appointment of a workplace health and safety officer . . . . . . 49.70 (c) for an application, under section 45, to replace a lost, damaged, destroyed or stolen certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 ‘4A Earthmoving or particular crane work certificates (1) This section sets the fee relating to an earthmoving or particular crane work certificate. (2) The fee is— (a) for an application, under section 36, for an earthmoving or particular crane work certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . 49.70 (b) for an application, under section 45, to replace a lost, damaged, destroyed or stolen earthmoving or particular crane work certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 ‘4B Licences to perform a class of high risk work (1) This section sets the fee relating to a licence to perform a class of high risk work. (2) The fee is— (a) for an application, under section 37, for a licence to perform a class of high risk work, for each class of high risk work . . . . 65.00

s 51 90 s 51 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 (b) for an application, under section 37, for a variation of a licence to perform a class of high risk work (other than a variation to remove a class of high risk work from the licence) for each class of high risk work (c) for an application, under section 38L, for renewal of a licence to perform a class of high risk work . . . . . . . . . . . . . . . . . . . . . . . (d) for an application, under section 45, to replace a lost, damaged, destroyed or stolen licence to perform a class of high risk work 65.00 60.00 25.00 ‘4C Conversion to renewable licence to perform a class of high risk work (1) This section sets the fee for an application, under section 28M, to convert a licence to perform a class of high risk work to a renewable licence. (2) The fee, irrespective of the number of licences to be converted, is . . . . . . . . . . . . . . . . . . . . . . . . . 60.00’. 51 Replacement of sch 5 (Prescribed occupations) Schedule 5— omit, insert— ‘Schedule 5 Classes of high risk work and units of competency for the classes schedule 9, definitions class of high risk work and unit of competency ‘Part 1 Scaffolding work

s 51 91 s 51 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘1 Basic scaffolder ‘(1) The class of work is basic scaffolder. ‘(2) The unit of competency for the class is Perform basic scaffolding operations, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘2 Intermediate scaffolder ‘(1) The class of work is intermediate scaffolder. ‘(2) The unit of competency for the class is Perform intermediate scaffolding operations, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘3 Advanced scaffolder ‘(1) The class of work is advanced scaffolder. ‘(2) The unit of competency for the class is Perform advanced scaffolding operations, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘Part 2 Rigging work ‘4 Dogger ‘(1) The class of work is dogger. ‘(2) The unit of competency for the class is Perform dogging operations, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘5 Basic rigger ‘(1) The class of work is basic rigger.

s 51 92 s 51 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘(2) The unit of competency for the class is Perform basic rigging operations, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘6 Intermediate rigger ‘(1) The class of work is intermediate rigger. ‘(2) The unit of competency for the class is Perform intermediate rigging operations, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘7 Advanced rigger ‘(1) The class of work is advanced rigger. ‘(2) The unit of competency for the class is Perform advanced rigging operations, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘Part 3 Crane and hoist operation ‘8 Tower crane ‘(1) The class of work is operator of a tower crane. ‘(2) The unit of competency for the class is Operate a tower crane, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘9 Self-erecting tower crane ‘(1) The class of work is operator of a self-erecting tower crane. ‘(2) The unit of competency for the class is Operate a self-erecting tower crane, in accredited course 30494QLD—Course in self-erecting tower crane operation.

s 51 93 s 51 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘10 Derrick crane ‘(1) The class of work is operator of a derrick crane. ‘(2) The unit of competency for the class is Operate a derrick crane, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘11 Portal boom crane ‘(1) The class of work is operator of a portal boom crane. ‘(2) The unit of competency for the class is Operate a portal boom crane, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘12 Bridge or gantry crane (non-remote controlled) ‘(1) The class of work is operator of a bridge or gantry crane, other than a bridge or gantry crane operated by remote control having 3 or less powered operations. ‘(2) For subsection (1), each of the following is a single powered operation— (a) raising and lowering a load; (b) moving the crane along runways; (c) traversing the hoisting mechanism across the bridge beam; (d) rotating the hoisting mechanism. ‘(3) The unit of competency for the class is Operate a bridge and gantry crane, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘13 Vehicle loading crane ‘(1) The class of work is operator of a vehicle loading crane with a capacity of 10 metre tonnes or more. ‘(2) The unit of competency for the class is Operate a vehicle loading crane, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding.

s 51 94 s 51 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘14 Non-slewing mobile crane ‘(1) The class of work is operator of a non-slewing mobile crane with a capacity of more than 3t. ‘(2) The unit of competency for the class is Operate non-slewing mobile cranes (less than 3 tonnes capacity), in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘15 Slewing mobile crane with a capacity of 20t or less ‘(1) The class of work is operator of— (a) a slewing mobile crane with a capacity of 20t or less; or (b) a non-slewing mobile crane with a capacity of more than 3t; or (c) a vehicle loading crane with a capacity of 10 metre tonnes or more. ‘(2) The unit of competency for the class is Operate slewing mobile crane (up to 20 tonnes), in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘16 Slewing mobile crane with a capacity of 60t or less ‘(1) The class of work is operator of— (a) a slewing mobile crane with a capacity of 60t or less; or (b) a non-slewing mobile crane with a capacity of more than 3t; or (c) a vehicle loading crane with a capacity of 10 metre tonnes or more. ‘(2) The unit of competency for the class is Operate slewing mobile crane (up to 60 tonnes), in accredited course 30497QLD—Course in operating crane, rigging and scaffolding.

s 51 95 s 51 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘17 Slewing mobile crane with a capacity of 100t or less ‘(1) The class of work is operator of— (a) a slewing mobile crane with a capacity of 100t or less; or (b) a non-slewing mobile crane with a capacity of more than 3t; or (c) a vehicle loading crane with a capacity of 10 metre tonnes or more. ‘(2) The unit of competency for the class is Operate slewing mobile crane (up to 100 tonnes), in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘18 Slewing mobile crane with a capacity of more than 100t ‘(1) The class of work is operator of— (a) a slewing mobile crane with a capacity of more than 100t; or (b) a non-slewing mobile crane with a capacity of more than 3t; or (c) a vehicle loading crane with a capacity of 10 metre tonnes or more. ‘(2) The unit of competency for the class is Operate slewing mobile crane (open/over 100 tonnes), in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘19 Materials hoist ‘(1) The class of work is operator of a materials hoist with a cantilever platform. ‘(2) The unit of competency for the class is Operate material hoists (cantilever platform), in accredited course 30497QLD—Course in operating crane, rigging and scaffolding.

s 51 96 s 51 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘20 Materials or personnel hoist ‘(1) The class of work is operator of a materials or personnel hoist. ‘(2) The unit of competency for the class is Operate a hoist (material or personnel) in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘21 Boom-type elevating work platform ‘(1) The class of work is operator of a boom-type elevating work platform with a boom length of 11m or more. ‘(2) The unit of competency for the class is Operate boom type elevating work platforms (boom length 11 metres or more), in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘22 Mobile truck mounted concrete placing boom ‘(1) The class of work is operator of a mobile truck mounted concrete placing boom with a knuckle boom capable of power operated slewing and luffing. ‘(2) The unit of competency for the class is Operate a vehicle loading crane, in accredited course 30497QLD—Course in operating crane, rigging and scaffolding. ‘Part 4 Forklift operation ‘23 Forklift truck ‘(1) The class of work is operator of a forklift truck, other than a pedestrian operated forklift truck. ‘(2) The unit of competency for the class is Operate a forklift truck, in accredited course 30496QLD—Course in operating load shifting equipment.

s 51 97 s 51 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘24 Order picking forklift truck ‘(1) The class of work is operator of an order picking forklift truck. ‘(2) The unit of competency for the class is Operate an order picking forklift truck, in accredited course 30496QLD—Course in operating load shifting equipment. ‘Part 5 Pressure equipment operation ‘25 Basic boiler operator ‘(1) The class of work is basic boiler operator. ‘(2) The unit of competency for the class is Operate a boiler (basic), in accredited course 30498QLD—Course in operating pressure equipment. ‘26 Intermediate boiler operator ‘(1) The class of work is intermediate boiler operator. ‘(2) The unit of competency for the class is Operate a boiler (intermediate), in accredited course 30498QLD—Course in operating pressure equipment. ‘27 Advanced boiler operator ‘(1) The class of work is advanced boiler operator. ‘(2) The unit of competency for the class is Operate a boiler (advanced), in accredited course 30498QLD—Course in operating pressure equipment. ‘28 Turbine operator ‘(1) The class of work is operator of a turbine with a power output of 500kW or more.

s 51 98 s 51 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘(2) The unit of competency for the class is Operate a turbine, in accredited course 30498QLD—Course in operating pressure equipment. ‘29 Reciprocating steam engine operator ‘(1) The class of work is operator of a reciprocating steam engine with a piston diameter of more than 250mm. ‘(2) The unit of competency for the class is Operate a reciprocating steam engine, in accredited course 30498QLD—Course in operating pressure equipment. ‘Schedule 5A Earthmoving or particular crane occupations and units of competency for the occupations schedule 9, definitions earthmoving or particular crane occupation and unit of competency ‘1 Bridge or gantry crane (remote controlled) ‘(1) The occupation is operator of a bridge or gantry crane, if— (a) the load being lifted by remote control is more than 5t; and (b) the crane has 3 or less powered operations. ‘(2) The unit of competency for the occupation is Operate a bridge or gantry crane (remote operation only), in accredited course 30496QLD—Course in operating load shifting equipment. ‘2 Dozer ‘(1) The occupation is operator of a dozer.

s 51 99 s 51 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘(2) The unit of competency for the occupation is Operate a dozer (wheeled and tracked), in accredited course 30496QLD—Course in operating load shifting equipment. ‘3 Excavator having an engine capacity of more than 2L ‘(1) The occupation is operator of an excavator having an engine capacity of more than 2L. ‘(2) The unit of competency for the occupation is Operate an excavator, in accredited course 30496QLD—Course in operating load shifting equipment. ‘4 Front-end loader having an engine capacity of more than 2L ‘(1) The occupation is operator of a front-end loader having an engine capacity of more than 2L. ‘(2) The unit of competency for the occupation is Operate a front end loader, in accredited course 30496QLD—Course in operating load shifting equipment. ‘5 Front-end loader or backhoe having an engine capacity of more than 2L ‘(1) The occupation is operator of a front-end loader or backhoe having an engine capacity of more than 2L. ‘(2) The unit of competency for the occupation is Operate a front end loader/backhoe, in accredited course 30496QLD—Course in operating load shifting equipment. ‘6 Grader ‘(1) The occupation is operator of a grader. ‘(2) The unit of competency for the occupation is Operate a grader, in accredited course 30496QLD—Course in operating load shifting equipment.

s 52 100 s 52 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 ‘7 Road roller having an engine capacity of more than 2L ‘(1) The occupation is operator of a road roller having an engine capacity of more than 2L. ‘(2) The unit of competency for the occupation is Operate a roller, in accredited course 30496QLD—Course in operating load shifting equipment. ‘8 Skid steer loader having an engine capacity of more than 2L ‘(1) The occupation is operator of a skid steer loader having an engine capacity of more than 2L. ‘(2) The unit of competency for the occupation is Operate a front end loader skid steer type, in accredited course 30496QLD—Course in operating load shifting equipment. ‘9 Scraper ‘(1) The occupation is operator of a scraper. ‘(2) The unit of competency for the occupation is Operate a scraper, in accredited course 30496QLD—Course in operating load shifting equipment.’. 52 Amendment of sch 9 (Dictionary) (1) Schedule 9, definitions notice of refusal , prescribed occupation, recognised official , trainee and unit of competency — omit. (2) Schedule 9— insert— ‘ class of high risk work means a class of work stated in schedule 5. corresponding authority —

s 52 101 s 52 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 (a) to an earthmoving or particular crane work certificate—means a document (however described), issued by a recognised official, authorising work in an occupation that is the same or substantially the same as the earthmoving or particular crane occupation to which the certificate relates; or (b) to a licence or licence class—means a document (however described), issued by a recognised official, authorising the performance of a class of work that is the same or substantially the same as the class of high risk work to which the licence or licence class relates. directly supervise , a trainee, means overseeing the work of the trainee for— (a) directing, demonstrating, monitoring and checking the trainee’s performance in a way that is appropriate to the trainee’s competency level; and (b) ensuring a capacity to respond in an emergency situation. earthmoving or particular crane occupation means an occupation, or part of an occupation, stated in schedule 5A. earthmoving or particular crane work certificate means a certificate to work in a single earthmoving or particular crane occupation. high risk work means work included in a class of high risk work. licence , for part 5, see section 34. licence class means a class of high risk work endorsed on a licence to perform a class of high risk work. licence to perform a class of high risk work means a licence authorising the holder of the licence to perform 1 or more classes of high risk work. notice of refusal see section 38H(1). proposed action see section 46B(1). recognised official means a person who may issue a document (however described, including a certificate or

s 53 102 s 53 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 licence) under a law of the Commonwealth, or another State, about occupational health and safety. retraining means— (a) in relation to an earthmoving or particular crane work certificate—retraining in part or all of the unit of competency for the earthmoving or particular crane occupation to which the certificate relates; or (b) in relation to a licence or licence class—retraining in part or all of the unit of competency for the class of high risk work to which the licence or licence class relates. show cause notice see section 46B(1). trainee means a person being trained to perform— (a) high risk work; or (b) work in an earthmoving or particular crane occupation. unit of competency — (a) for a class of high risk work, means the unit of competency stated in schedule 5 for the class; or (b) for an earthmoving or particular crane occupation, means the unit of competency stated in schedule 5A for the occupation. variation of a licence , for part 5, see section 34.’. Part 3 Amendment of State Penalties Enforcement Regulation 2000 53 Regulation amended in pt 3 This part amends the State Penalties Enforcement Regulation2000.

s 54 103 s 54 Workplace Health and Safety and Other Legislation No. 115, 2007 Amendment Regulation (No. 1) 2007 54 Amendment of sch 5 (Other legislation) (1) Schedule 5, entry for the WorkplaceHealthandSafetyRegulation 1997 , entries for sections 21(b), 21(c), 167(3) and 167(5)— omit. (2) Schedule 5, entry for the WorkplaceHealthandSafetyRegulation 1997 — insert— ‘s 21(1)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . s 21(1)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 33D(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 2 3 4 4 4 5’. ENDNOTES 1 Made by the Governor in Council on 14 June 2007. 2 Notified in the gazette on 15 June 2007. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Employment and Industrial Relations. © State of Queensland 2007