Commonwealth Numbered Regulations

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1994 No. 414 OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) (NATIONAL STANDARDS) REGULATIONS - REG 2.07

Allowing a person to perform the work of a regulation 2.03 occupation
2.07. (1) An employer must not allow an employee to perform the work of a
regulation 2.03 occupation unless:

   (a)  the employee holds a valid certificate of competency for the class of
        occupation; or

   (b)  the certifying authority in the State or Territory has exempted the
        employee from holding a certificate of competency for the class of
        occupation; or

   (c)  the employee holds a valid Class A Commonwealth certificate for the
        class of occupation; or

   (d)  the employee holds a valid Class B Commonwealth certificate:

        (i)    for the class of occupation; and

        (ii)   in relation to the employer. Penalty: 10 penalty units.

(2) An employer must not allow a contractor to perform the work of a
regulation 2.03 occupation at a workplace unless:

   (a)  the contractor holds a valid certificate of competency for the class
        of occupation; or

   (b)  the certifying authority in the State or Territory has exempted the
        contractor from holding a certificate of competency for the class of
        occupation; or

   (c)  the contractor holds a valid Class A Commonwealth certificate for the
        class of occupation; or

   (d)  the contractor holds a valid Class B Commonwealth certificate:

        (i)    for the class of occupation; and

        (ii)   in relation to the employer who controls the performance of the
               work or who controls the workplace. Penalty for a contravention
               of this subregulation: 10 penalty units. NOTE Employers can use
               the translation tables in the Equivalence and Translation
               Tables to determine:

   (a)  the classes of occupational health and safety certificates of
        competency that were issued by State and Territory certifying
        authorities before the implementation of the National Standard; and

   (b)  the translation of those classes to classes in the National Standard. 


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