New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 348

348 Exemptions for classes of persons or things

(1) WorkCover may, by order published in the Gazette, exempt any class of persons or things from a specified provision of this Regulation in its application to a workplace that is not a mining workplace or a coal workplace.

(1A) The Department Head (Mining) may, by order published in the Gazette, exempt any class of persons or things from a specified provision of this Regulation in its application to a workplace that is a mining workplace or a coal workplace.

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

(3) Unless withdrawn, an exemption under this clause has effect for such period (not exceeding 5 years) as is specified in the exemption.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.

(4) WorkCover or the Department Head (Mining), as the case requires, may, before granting an exemption under this clause, give notice of the proposed exemption to such persons or bodies as it considers appropriate.

(5) 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.