New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 235

235 Major inspection of registered mobile cranes and tower cranes

(1) This clause applies to the person with management or control of a registered mobile crane or tower crane at a workplace.

(2) The person must ensure that a major inspection of the crane is carried out by, or under the supervision of, a competent person--

(a) at the end of the design life recommended by the manufacturer for the crane, or

(b) if there are no manufacturer's recommendations--in accordance with the recommendations of a competent person, or

(c) if it is not reasonably practicable to comply with paragraph (a) or (b)--every 10 years from the date that the crane was first commissioned or first registered, whichever occurred first.

: Maximum penalty--

(a) in the case of an individual--40 penalty units, or

(b) in the case of a body corporate--210 penalty units.

(3) A major inspection carried out under and in accordance with an equivalent provision of a corresponding WHS law is taken to be a major inspection for the purposes of this clause.

(4) In this clause, a
"competent person" is a person who--

(a) complies with both of the following--

(i) has acquired through training, qualification or experience the knowledge and skills to carry out a major inspection of the plant, and

(ii) is--

(A) registered under a law that provides for the registration of professional engineers, or

(B) a member (or is qualified to be a member) of Engineers Australia with the status of Chartered Professional Engineer, or

(C) entered on the National Professional Engineers Register administered by the Institution of Engineers Australia.

(b) is determined by the regulator to be a competent person.

(5) The regulator may, on the application of a person, make a determination in relation to the person for the purposes of subclause (4)(b) if the regulator considers that exceptional circumstances exist.

(6) In this clause,
"major inspection" means--

(a) an examination of all critical components of the crane, if necessary by stripping down the crane and removing paint, grease and corrosion to allow a thorough examination of each critical component, and

(b) a check of the effective and safe operation of the crane.