WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 85 Evidence of licence--duty of person conducting business or undertaking

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 85

  (1)   A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work for which a high risk work licence is required unless the person sees written evidence provided by the worker that the worker has the relevant high risk work licence for that work.

Penalty:

  (a)   In the case of an individual--$3   600.

  (b)   In the case of a body corporate--$18   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 worker to carry out high risk work in the circumstances referred to in subregulation   82(1) unless the person sees written evidence provided by the worker that the worker is undertaking the course of training referred to in paragraph   82(1)(a).

Penalty:

  (a)   In the case of an individual--$3   600.

  (b)   In the case of a body corporate--$18   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.

  (2A)   A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in subregulation   82(1A) unless the person sees written evidence provided by the worker that the worker:

  (a)   in the circumstances referred to in paragraph   82(1A)(a)--holds a certification referred to in subregulation   82(1A); and

  (b)   in the circumstances referred to in paragraph   82(1A)(b):

  (i)   holds a certification referred to in subregulation   82(1A); and

  (ii)   has applied for the relevant licence within the period referred to in paragraph   82(1A)(b).

Penalty:

  (a)   In the case of an individual--$3   600.

  (b)   In the case of a body corporate--$18   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 at a workplace must not direct or allow a worker to supervise high risk work as referred to in subregulation   82(1) and regulation   84 unless the person sees written evidence that the worker holds the relevant high risk work licence for that high risk work.

Penalty:

  (a)   In the case of an individual--$3   600.

  (b)   In the case of a body corporate--$18   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.

  (4)   A person conducting a business or undertaking at a workplace must keep a record of the written evidence provided:

  (a)   under subregulation   (1) or (2)--for at least 1 year after the high risk work is carried out;

  (b)   under subregulation   (3)--for at least 1 year after the last occasion on which the worker performs the supervision work.

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.