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WORK HEALTH AND SAFETY REGULATION 2011 - REG 85
Evidence of licence—duty of person conducting business or undertaking
85 Evidence of licence—duty of person conducting business or undertaking
(1) A person conducting a business or undertaking at a workplace must not
direct or allow a worker to carry out high risk work for which a high risk
work licence is required unless the person sees written evidence provided by
the worker that the worker has the relevant high risk work licence for that
work. Penalty— Maximum penalty—36 penalty units.
(2) A person
conducting a business or undertaking at a workplace must not direct or allow a
worker to carry out high risk work under section 82 (1) or (1A) unless the
person sees written evidence provided by the worker that the worker— (a) for
work carried out under section 82 (1) —is undertaking the course of training
mentioned in section 82 (1) (a) ; or
(b) for work carried out under
section 82 (1A) (a) —holds the certification mentioned in section 82 (1A) ;
or
(c) for work carried out under section 82 (1A) (b) —has applied for the
licence mentioned in that paragraph.
Penalty— Maximum penalty—36
penalty units.
(3) A person conducting a business or undertaking at a
workplace must not direct or allow a worker to supervise high risk work as
mentioned in sections 82 (1) and 84 unless the person sees written evidence
that the worker holds the relevant high risk work licence for that high risk
work. Penalty— Maximum penalty—36 penalty units.
(4) A person
conducting a business or undertaking at a workplace must keep a record of the
written evidence provided to the person— (a) under subsection (1) or (2)
—for at least 1 year after the high risk work is carried out;
(b) under
subsection (3) —for at least 1 year after the last occasion on which the
worker performs the supervision work.
Penalty— Maximum penalty— (a)
for an individual—12 1 / 2 penalty units; or
(b) for a body corporate—60
penalty units.
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