Work Health and Safety Act 2011 No 10
Part 2 Division 3 Section 21
Duty or persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces
(1) In this section, person with management or control of fixtures, fittings or plant at a workplace means a person conducting a business or undertaking to the extent that the business or undertaking involves the management or control of fixtures, fittings or plant, in whole or in part, at a workplace, but does not include;
(a) the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking, or
(b) a prescribed person.
(2) The person with management or control of fixtures, fittings or plant at a workplace must ensure, so far as is reasonably practicable, that the fixtures, fittings and plant are without risks to the health and safety of any person.
Schedule 1 Application of Act to dangerous goods and high risk plant
(3) This Act applies to the operation or use of high risk plant, affecting public safety, even if the plant is not situated, operated or used at a workplace or for use in carrying out work.
(4) For the purposes of clause 3:
(a) a reference in this Act to carrying out work includes a reference to the operation and use of high risk plant affecting public safety, and
(b) a reference in this Act to a workplace includes a reference to any high risk plant affecting public safety and the premises at or in which the plant is situated or used, and
(c) a reference in this Act to work health and safety (however expressed) includes a reference to public health and safety.
(5) The operation of this Scedule is subject to any exclusions or modifications prescribed by regulations.
(6) In this Schedule:
dangerous goods means anything prescribed as dangerous goods.
high risk plant means plant prescribed as high risk plant.
Part 1.2 Application
10 Application of the Act to dangerous goods and high risk plant
(1B) The following plant is prescribed as high risk plant for the purposes of Scedule 1 to the Act:
(a) boilers categorised as hazard level A, B or C according to criteria in section 2.1 of AS:4343:2005 (Pressure equipment – Hazard levels),
(b) pressure vessels categorised as hazard level A, B or C according to the criteria in section 2.1 of AS:43432005 (Pressure equipment – Hazard levels), except:
i) LP Gas fuel vessels for automotive use, and
ii) serially produced vessels
Part 4.5 High Risk Work Division 1 Licensing of high risk work, Subdivision 1 Requirement to be Licensed:
81 License required to carry out high risk work
A person must not carry out a class of high risk work unless the person holds a high risk work license for that class of high risk work, except as provided in clause 82
(1) A person who carries out high risk work in either of the following circumstances is not required to be licensed:
(a) work carried out:
i) in the course of training towards a certification in order to be licensed to carry out the high risk work;
ii) under the supervision of a person who is licensed to carry out the high risk work,
(b) work carried out by a person who, having applied for a license to carry out the high risk work on the basis of a certification, is awaiting a decision on that application.
(2) A person who carries out high risk work involving plant is not required to be licensed if:
(a) the work is carried out at a workplace solely fo rthe purpose of the manufacture, testing, trialling, installation, commissioning, maintenance, servicing, repair, alteration, demolition or disposal of the plant at that workplace or moving the plant within the workplace, and
(b) the plant is operated or used without a load except when standard weight loads with predetermined fixing points are used for calibration of the plant.
(3) For the purposes of subclause (2)(a), moving does not include loading plant onto, or unloading plant from, the vehicle or equipment used to move the plant.
(4) A person who carries out high risk work with a crane or hoist is not required to be licensed as a crane operator if:
(a) the work is limited to setting up or dismantling the crane or hoist, and
(b) the person carrying out the work holds a license in relation to rigging, which qualifies the person to carry out the work.
Note: See schedule 3 for the classes of crane operator licence.
(5) A person who carries out high risk work with a heritage boiler is not required to be licensed as a boiler operator.
83 Recognition of high risk work licences in other juristictions
84 Duty of person conducting business or undertaking to ensure direct supervision
85 Evidence of licence – duty of person conducting business or undertaking
Schedule 3 High risk work licences and classes of high risk work (Clause 81)