New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 347

347 Exemptions for particular persons on application

(1) A person may apply:

(a) to WorkCover for an exemption from any provision of this Regulation in its application to a place of work that is not a mining workplace or a coal workplace, or

(b) to the Department Head (Mining) for an exemption from any provision of this Regulation in its application to a place of work that is a mining workplace or a coal workplace.

(2) Before making such an application, the person must cause notice of the proposed application to be given:

(a) to all persons employed at any place of work concerned, or

(b) in accordance with any consultation arrangements agreed by the employer and the employees under the Act.

(3) The notice:

(a) must state that the person proposes to seek an exemption from this Regulation, and

(b) must state the effect of such an exemption, and

(c) must invite the persons to whom the notice is given to make submissions, in writing or orally, concerning the proposal to apply for the exemption, and

(d) must specify the person to whom, and the date by which, any such submissions would be made.

(4) An application must be in writing and must include copies of the written submissions, and a summary of the oral submissions, made in connection with the application.

(5) On receipt of the application, WorkCover or the Department Head (Mining), as the case requires:

(a) may, by order in writing, exempt the person from a specified provision of this Regulation if it is satisfied that:

(i) the person is capable of achieving at least an equivalent level of safety as would be achieved if the provision had been complied with, or

(ii) the application of the provision to the person is inappropriate or unnecessary in the circumstances, or

(b) may dismiss the application.

(6) An exemption under this clause may be given unconditionally or subject to such conditions as WorkCover or the Department Head (Mining), as the case requires, considers appropriate and specifies in the order.

(7) Unless withdrawn, an exemption under this clause has effect for such period (not exceeding 5 years) as is specified in the exemption. If no such period is specified, the exemption has effect for a period of 5 years after it is granted.

(8) WorkCover or the Department Head (Mining), as the case requires, may withdraw an exemption under this clause if it is satisfied that the withdrawal is justified on health or safety grounds.

Note: See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover or the Department Head (Mining), as the case requires, to dismiss an application for an exemption, to impose a condition on an exemption or to withdraw an exemption.