Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 82

82 Exceptions

(1) A person who carries out high risk work is not required to be licensed if the work is carried out—

(a) in the course of training towards a certification in order to be licensed to carry out the high risk work; and

(b) under the supervision of a person who is licensed to carry out the high risk work.

(1A) A person who holds a certification for a specified VET course for high risk work is not required to be licensed to carry out the work—

(a) during the period of 60 days starting on the issue of the certification; and

(b) if, within that 60-day period, the person applies for the relevant high risk work licence for the work, until—

(i) the grant of the licence; or

(ii) the expiry of a period of 28 days starting on the day the person is given written notice under section 91 (2) (c) for the application.

(1B) A person who carries out high risk work is not required to be licensed to carry out the work if the work is carried out while an accredited assessor is conducting an assessment of the person’s competency in relation to the work.

(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 for the 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 subsection (2) (a) , moving includes operating plant in order to load it on to, or unload it from, a vehicle or equipment used to move it.

(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 licence 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.

(6) Subsection (7) applies if, immediately before the repeal of the repealed WHS regulation, a person held an earthmoving or particular crane work certificate to perform work as an operator of a bridge and gantry crane (remote control only) under the repealed WHS regulation.

(7) The person is not required to have a high risk work licence to carry out licence class dogging if—

(a) the person will operate a bridge crane or gantry crane that can perform 3 or fewer powered operations; and

(b) the load is being lifted by remote control; and

(c) the load being lifted is lifted within the view of the person.

(8) A person is not required to be licensed to carry out high risk work for the licence class advanced boiler operator if—

(a) the person holds a high risk work licence for the licence class standard boiler operation; and

(b) the person held a licence class intermediate boiler operator under the repealed WHS regulation immediately before the regulation was repealed; and

(c) the person does not operate a boiler that has multiple fuel sources.