WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 175 Evidence of competence--duty of person conducting business or undertaking

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 175

  (1)   A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work unless the person sees written evidence provided by the worker that the worker has the relevant competence required under this Division.

Penalty:

  (a)   In the case of an individual--$1   250.

  (b)   In the case of a body corporate--$6   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (2)   A person conducting a business or undertaking at a workplace must not direct or allow a person appointed under regulation   177 to perform any of the functions associated with that appointment unless the person conducting the business or undertaking sees written evidence provided by the person appointed that the person appointed has the competence required under regulation   174.

Penalty:

  (a)   In the case of an individual--$1   250.

  (b)   In the case of a body corporate--$6   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (3)   A person conducting a business or undertaking must keep the written evidence given to the person:

  (a)   under subregulation   (1)--for at least 1 year after the diving work is carried out;

  (b)   under subregulation   (2)--for at least 1 year after the last occasion on which the person performs a function associated with the appointment.

Penalty:

  (a)   In the case of an individual--$1   250.

  (b)   In the case of a body corporate--$6   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.