Workplace Health and Safety (Certificates) Exemption Notice 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 267 Workplace Health and Safety Act 1989 WORKPLACE HEALTH AND SAFETY (CERTIFICATES) EXEMPTION NOTICE 1994 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 2—EXEMPTION 4 Training—exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Training—employer’s duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Training—supervisor’s duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 New prescribed occupations—exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 3—REPEALS 8 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

s1 2 s3 Workplace Health and Safety (Certificates) Exemption No. 267, 1994 PART 1—PRELIMINARY ˙ Short title 1. This notice may be cited as the Workplace Health and Safety (Certificates) Exemption Notice 1994 . ˙ Commencement 2. Sections 7 and 8 commence on 1 September 1994. ˙ Definitions 3. In this notice— “certificate” means a certificate granted— (a) under Part 5 of the WorkplaceHealthandSafetyRegulation1989 ; or (b) by another official; “competency standard” for a prescribed occupation— (a) until 31 July 1994—means the standard of competency in performing the occupation specified by the Director having regard to— (i) the level of skill needed to safely perform work in the occupation; and (ii) the relevant qualifications specified in sections 35 to 45 of the Workplace Health and Safety Regulation 1989 ; and (b) on and from 1 August 1994—has the meaning given in section 5 (Definitions) of the WorkplaceHealthandSafetyRegulation1989 ; “prescribed occupation” means an occupation prescribed in section 33 (Prescribed occupations) of the WorkplaceHealthandSafetyRegulation 1989 ; “supervisor” means an individual who supervises the training of a trainee

s4 3 s4 Workplace Health and Safety (Certificates) Exemption No. 267, 1994 in the performance of work in a prescribed occupation; “trainee” means an individual being trained in a prescribed occupation. PART 2—EXEMPTION ˙ Training—exemption 4.(1) An employer of a trainee is exempted from the operation of section 109(1) (Certificate required to work in certain occupations) of the Act if the employer complies with section 5. (2) A trainee is exempted from the operation of section 109(2) of the Actif the trainee— (a) keeps a written training record that includes the following— (i) the trainee’s name and address; (ii) the scope of work performed in the prescribed occupation; (iii) the date on which the work was performed; (iv) the type of plant operated, if applicable; (v) the date on which the training was completed; (vi) the supervisor’s name; (vii) the number of the certificate to work in the occupation held by the supervisor; (viii)the supervisor’s signature; and (b) complies with the directions of the trainee’s employer and supervisor about the training. (3) A principal contractor for a project where a trainee is being trained is exempted from the operation of section 109(1) of the Act if the principal contractor takes all practicable steps to ensure— (a) the trainee’s employer complies with section 5; and (b) the trainee complies with subsection (2).

s5 4 s7 Workplace Health and Safety (Certificates) Exemption No. 267, 1994 ˙ Training—employer’s duties 5.(1) A trainee’s employer must ensure the trainee— (a) is being trained in a prescribed occupation to achieve the standard set in the competency standard for the occupation; and (b) is being trained by a supervisor who— (i) holds a certificate for the prescribed occupation; and (ii) supervises the trainee in accordance with section 6 while the trainee performs work in the prescribed occupation; and (c) keeps the training record mentioned in section 4(2)(a). ˙ Training—supervisor’s duties 6. A trainee’s supervisor must directly supervise the trainee while the trainee performs work in the prescribed occupation unless— (a) the nature or circumstances of a particular task make direct supervision impracticable or unnecessary; and (b) supervision is reduced only to a reasonable level having regard to the trainee’s competence in performing the task; and (c) the reduced level of supervision will not place the health and safety of the trainee or someone else at risk. ˙ New prescribed occupations—exemption 7.(1) This section applies to the following persons— (a) a person (the “employee” ) who, before the commencement of this section, was the operator of— (i) a boom type elevating work platform with a boom length of 11 m or more; or (ii) a mobile truck mounted concrete placing boom with a knuckle boom capable of power operated slewing and luffing; (b) a person (the “employer” ) who employs the employee;

s8 5 s8 Workplace Health and Safety (Certificates) Exemption No. 267, 1994 (c) a principal contractor for a project on which the employer is working. (2) A person to whom this section applies is exempted from the operation of section 109 of the Act until 27 February 1995. (3) This section expires on 27 February 1995. PART 3—REPEALS ˙ Repeals 8.(1) The following notices exempting certain persons from the operation of section 109 of the Act and published in the Industrial Gazette are repealed— (a) the notice published on 27 January 1990 at page 165; (b) the notice published on 17 February 1990 at page 323; (c) the notice published on 13 April 1991 at page 576. (2) Part 3 expires at the end of the day on which this section commences. ENDNOTES 1. Made by the Director of the Division of Workplace Health and Safety on 5 July 1994. 2. Notified in the Gazette on 8 July 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Employment, Vocational Education, Training and Industrial Relations. © State of Queensland 1994