In regulation 11, the term employer includes—

In regulation 11, the term employee,—

Every employer must, so far as is reasonably practicable, ensure, in relation to every workplace under the control of that employer, that no employee is exposed to noise above the following levels:

whether or not the employee is wearing a personal hearing protection device.

For the purposes of subclause (1),—

Where an employer has, so far as is reasonably practicable, taken steps to ensure that no employee at any workplace under the control of that employer is exposed to noise above the levels specified in subclause (1) but has not eliminated the risk that any employee may be exposed to noise above those levels, the employer shall communicate clearly, by way of signs, labelling of machinery, or other appropriate means—

In regulations 13 to 21, the term employer includes a person who controls a workplace.

In regulations 13 to 17 and 19 to 21, the term employee, in relation to a person who controls a workplace, means a person working in the workplace.

Subject to subclause (2), every employer must, so far as is reasonably practicable, ensure, in relation to every workplace under the control of that employer, that, where the cleaning, maintenance, or repair of any machinery while the whole or a part of the machinery is moving may cause harm to any employee, the machinery is not cleaned, maintained, or repaired—

Every employer must, so far as is reasonably practicable, ensure, in relation to any machinery to which subclause (1) applies, that, where it is essential to the process that the machinery performs, or to the procedure for cleaning, maintaining, or repairing the machinery, that the whole or a part of the machinery remains in motion during cleaning, maintenance, or repair,—

Where any machinery of a kind listed in column 1 of Schedule 1 is used in a workplace under the control of any employer, that employer must, so far as is reasonably practicable, ensure that the machinery is provided with a protective device or apparatus—

Subject to subclauses (2) to (6), regulation 20 applies to every self-propelled mobile mechanical plant—

Regulation 20 does not apply to the following:

Regulation 20 does not apply to any self-propelled mobile mechanical plant that has been designed to be used on level ground at all times, if the employer has, so far as is reasonably practicable, taken steps to ensure that every employee at every workplace under the control of that employer so uses the self-propelled mobile mechanical plant.

WorkSafe may, by certificate in writing, subject to such conditions, if any, as may be specified in the certificate, exempt from any or all of the provisions of regulation 20—

if satisfied that, having regard to any conditions imposed, the provision or provisions in respect of which the exemption is granted are not reasonably practicable or are not reasonably necessary for the protection of employees using the machinery or, as the case may require, carrying out the work.

WorkSafe may at any time cancel a certificate by which an exemption is granted under subclause (4), if satisfied that it is proper to do so.

Where WorkSafe cancels a certificate under subclause (5), WorkSafe shall—

Every employer must, so far as is reasonably practicable, ensure that every self-propelled mobile mechanical plant to which this regulation applies is fitted with a roll-over protective structure and a seat belt.

Every employer must, so far as is reasonably practicable, ensure—

In this regulation, the term employer does not include any employer who employs any employee to carry out any agricultural work in a workplace under the control of that employer.

Every employer must, so far as is reasonably practicable, ensure, in relation to every workplace under the control of that employer, that, where any employee may fall more than 3 metres,—

In this regulation, the term employer means—

Every employer must, so far as is reasonably practicable, ensure that, where any construction work cannot be carried out safely without the use of scaffolding,—

In regulations 24 and 25, the term employer means—

In regulations 24 and 25, the term employee,—

Subject to subclause (2), every employer must, so far as is reasonably practicable, ensure that, where any face of any excavation is more than 1.5 metres high, that face is shored.

Subclause (1) does not apply where—

Every employer must, so far as is reasonably practicable, ensure that any shoring used in any excavation at the workplace—

Every employer must, so far as is reasonably practicable, ensure, where any excavation is—

that—

In this regulation, the term employer includes a person who controls a workplace.

Subject to subclause (4), every employer who intends to commence any notifiable work or any work that will at any time include any notifiable work must, so far as is reasonably practicable, take steps to lodge notice of that intention in accordance with this regulation.

A notice required to be lodged under subclause (2) shall—

It shall not be necessary for any employer to comply with subclause (2) before commencing any construction work or tree-felling operation necessary to deal with an emergency arising from—

The following kinds of certificates of competence may be issued under regulation 38:

A certificate of competence as a diver shall authorise the holder to dive in any category of diving specified in the certificate.

A certificate of competence as a powder-actuated tool operator shall authorise the holder to operate any powder-actuated tool—

A certificate of competence as a scaffolder shall authorise the holder to erect, maintain, repair, or dismantle 1, some, or all of the following types of scaffolding:

WorkSafe may, on being satisfied that it is appropriate to do so, recognise any organisation as an organisation that may issue certificates of competence of all kinds or of a particular kind.

WorkSafe may, on being satisfied that it is appropriate to do so, withdraw recognition, in relation to certificates of competence of all kinds or of a particular kind, from any organisation recognised under this regulation.

Where WorkSafe has recognised any organisation, or withdrawn recognition from any organisation, under this regulation, WorkSafe shall publish a notice to that effect in the Gazette.

An application for a certificate of competence shall be made—

Every application made under subclause (1) for which a fee is prescribed in Schedule 2 shall be accompanied by the fee so prescribed.

An application for a certificate of competence shall contain evidence of the matters referred to in regulation 31.

An applicant for a certificate of competence shall—

An applicant for a certificate of competence as a diver shall—

An applicant for a certificate of competence as a powder-actuated tool operator shall—

An applicant for a certificate of competence as a scaffolder shall—

An applicant for a certificate of competence in relation to elementary scaffolding must have the knowledge and training referred to in subclause (1) in relation to all elements set out in paragraph (a) of the definition of elementary scaffolding in regulation 2.

An applicant for a certificate of competence in relation to intermediate scaffolding must have the knowledge and training referred to in subclause (1) in relation to—

An applicant for a certificate of competence in relation to advanced scaffolding must have the knowledge and training referred to in subclause (1) in relation to—

An applicant for a certificate of competence in relation to proprietary system suspended scaffolding must have the knowledge and training referred to in subclause (1) in relation to all elements set out in the definition of proprietary system suspended scaffolding in regulation 2.

For the purpose of investigating whether an applicant for a certificate of competence is a person to whom regulation 31 applies, the chief executive or WorkSafe, as the case may be, may—

A request under subclause (1)—

The applicant shall supply information on such matters as may be specified in a request made under subclause (1)(a).

Any person to whom a request is made under subclause (1)(b) shall supply information on such matters as may be specified in the request, if the person holds that information or can reasonably be expected to obtain it.

Every person shall have the same privileges in relation to the giving of information to the chief executive or WorkSafe, as the case may be, as witnesses have in any court.

No person shall be liable to prosecution for any offence against any enactment by reason of that person’s compliance with any requirements of the chief executive or WorkSafe, as the case may be, under this regulation.

For the purpose of determining whether an applicant is a person to whom regulation 31 applies, the chief executive or WorkSafe, as the case may be, may take into account any information received in response to the exercise of the powers conferred by regulation 36.

A chief executive or WorkSafe, as the case may require, to whom an application for a certificate of competence is made shall issue the certificate of competence sought in the application, if he or she is satisfied—

Where a chief executive or WorkSafe, as the case may require, refuses to issue any certificate of competence, he or she shall supply to the applicant a statement of the reasons for the refusal.

WorkSafe shall from time to time determine the period for which each kind of certificate of competence, issued after a date to be determined by WorkSafe, shall remain in force.

WorkSafe may determine different periods for different kinds of certificates of competence.

A certificate of competence expires at the close of the day that concludes the period that applies to certificates of competence of that kind.

Every certificate of competence shall show on its face the date on which it expires.

An application for the renewal of a certificate of competence shall—

Where WorkSafe has, after the date on which a certificate of competence was issued, recognised an organisation under regulation 28 as an organisation that may issue certificates of competence, WorkSafe shall transfer to the organisation any application for a renewal of any certificate of competence that that organisation may issue.

Where an application is made in accordance with this regulation, the certificate of competence to which the application relates shall be renewed, unless the person to whom the application is made or transferred cancels or suspends the certificate under regulation 41.

A certificate of competence may be renewed before or after the day on which the certificate expires, but in each case the renewed certificate shall be in force from the commencement of the day following that day.

Subclauses (3) and (4) of regulation 39 apply to a certificate of competence renewed under this regulation.

The person who issued a certificate of competence shall cancel the certificate if he or she is satisfied on reasonable grounds that the holder has died.

The person who issued a certificate of competence shall cancel the certificate if, after giving the holder an opportunity to be heard, he or she is satisfied on reasonable grounds—

The person who issued a certificate of competence shall cancel the certificate or suspend the certificate for such period as he or she thinks fit if, after giving the holder an opportunity to be heard, he or she is satisfied on reasonable grounds—

In this regulation, the term person who issued a certificate of competence includes a person to whom an application under regulation 40 is made or transferred.

An application for a duplicate of a certificate of competence shall—

Where WorkSafe has, after the date on which a certificate of competence was issued, recognised an organisation under regulation 28 as an organisation that may issue certificates of competence, WorkSafe shall transfer to the chief executive of that organisation any application for a duplicate of any certificate of competence that that organisation may issue.

Where the person to whom an application is made or transferred under this regulation is satisfied that a certificate of competence has been lost or destroyed, that person shall issue a duplicate of that certificate.

Every organisation recognised under regulation 28 and the Department shall keep a register of the individuals to whom the chief executive or WorkSafe, as the case may be, has issued a certificate of competence.

Every register kept under subclause (1) shall show—

An appeal may be made to a District Court by—

Part 9 of the District Courts Rules 1992 (SR 1992/109) applies to an appeal brought under subclause (1).

The decision of the District Court on any appeal brought under subclause (1) shall be final.

The fees prescribed by Schedule 2 are inclusive of goods and services tax under the Goods and Services Tax Act 1985.

This regulation applies to—

that would have been in force at the commencement of these regulations but for the revocation of the Construction Regulations 1961.

Where a person holds a certificate to which this regulation applies, that person may, before 2 October 1996, make an application under regulation 40 as if that certificate had been in force at the commencement of these regulations and as if—

and the provisions of these regulations shall apply accordingly.

For the avoidance of doubt, it is hereby declared that, where a person holds a certificate to which this regulation applies and that person does not, before 2 October 1996, make an application under regulation 40, that certificate shall have no force or effect on and from 2 October 1996.

In regulations 48 and 49, the term employer includes a person who controls a workplace.

In regulations 48 and 49, the term employee in relation to a person who controls a workplace, means a person working in the workplace.

Every employer must, so far as is reasonably practicable, ensure that every employee who dives in the course of that employee’s work is the holder of a current certificate of competence as a diver, being a certificate that authorises the holder to dive in the category of diving in which the employee is diving.

Nothing in this regulation prevents an employee training to become the holder of a certificate of competence as a diver from diving, in the course of that employee’s work, under the direct supervision of the holder of such a certificate, being a current certificate that authorises the holder to dive in the category of diving in which the employee is diving.

Notwithstanding anything in regulation 48, every employer must, so far as is reasonably practicable, ensure that every employee who dives in the course of that employee’s work is, at the time of so diving, medically fit for diving.

In regulations 52 and 53, the term employer means—

In regulations 52 and 53, the term employee,—

Every employer must, so far as is reasonably practicable, ensure that every employee who, in the course of carrying out construction work, operates a powder-actuated tool is the holder of a current certificate of competence as a powder-actuated tool operator, being a certificate that authorises the employee to operate the kind of tool being operated in the kind of work being carried out.

Nothing in this regulation prevents an employee training to become the holder of a certificate of competence as a powder-actuated tool operator from operating, in the course of carrying out construction work, a powder-actuated tool under the direct supervision of a holder of such a certificate, being a current certificate that authorises the holder to operate the kind of tool being operated by the employee in the kind of work being carried out by the employee.

Every employer must, so far as is reasonably practicable, ensure that every employee who, in the course of carrying out construction work, erects, maintains, repairs, or dismantles scaffolding (being scaffolding any part of which is 5 metres or more above the ground) is the holder of a current certificate of competence with respect to—

Nothing in this regulation prevents an employee training to become the holder of a certificate of competence as a scaffolder from erecting, maintaining, repairing, or dismantling scaffolding (being scaffolding any part of which is 5 metres or more above the ground), in the course of carrying out construction work, under the direct supervision of the holder of such a certificate, being a current certificate that authorises the holder to erect, maintain, repair, or dismantle scaffolding of the type that the employee is erecting, maintaining, repairing, or dismantling.