New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 304

304 Excavation work--underground essential services information

(1) This clause applies in relation to a part of a workplace where excavation work is being carried out and any adjacent areas.

(2) A person with management or control of the workplace must take all reasonable steps to obtain current underground essential services information about the areas referred to in subclause (1) before directing or allowing the excavation work to commence.

: 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) The person with management or control of the workplace must provide the information obtained under subclause (2) to any person engaged by the person to carry out the excavation work.

: Maximum penalty--

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

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

(4) The person with management or control of the workplace and any person conducting a business or undertaking who is given information under subclause (3) must have regard to the information referred to in subclause (2) in carrying out or directing or allowing the carrying out of the excavation work.

: Maximum penalty--

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

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

Note : Legislation relating to the essential services may also impose duties on the person conducting the business or undertaking and the persons carrying out the work.

(5) The person with control or management of the workplace must ensure that the information referred to in subclause (2) is available for inspection under the Act for the period specified in subclause (6).

: Maximum penalty--

(a) in the case of an individual--15 penalty units, or

(b) in the case of a body corporate--70 penalty units.

(6) The information must be available--

(a) if a notifiable incident occurs in connection with the excavation work to which the information relates--for at least 2 years after the incident occurs, and

(b) in every other case--until the excavation work is completed.

(7) In this clause--

"underground essential services" means essential services that use pipes, cables or other associated plant located underground.

"underground essential services information" , in relation to proposed excavation work, means the following information about underground essential services that may be affected by the excavation--

(a) the essential services that may be affected,

(b) the location, including the depth, of any pipes, cables or other plant associated with the affected essential services,

(c) any conditions on the proposed excavation work.