306—Additional controls—trenches
(1) A
person conducting a business or undertaking, who proposes to excavate a trench
at least 1.5 metres deep must ensure, so far as is reasonably
practicable, that the work area is secured from unauthorised access (including
inadvertent entry).
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(2) In complying with
subregulation (1), the person must have regard to all relevant matters
including—
(a)
risks to health and safety arising from unauthorised access to the work area;
and
(b) the
likelihood of unauthorised access occurring.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(3) In addition, the
person must minimise the risk to any person arising from the collapse of the
trench by ensuring that all sides of the trench are adequately supported by
doing 1 or more of the following:
(a)
shoring by shielding or other comparable means;
(b)
benching;
(c)
battering.
(4) Subregulation (3)
does not apply if the person receives written advice from a geotechnical
engineer that all sides of the trench are safe from collapse.
(5) An advice under
subregulation (4)—
(a) may
be subject to a condition that specified natural occurrences may create a risk
of collapse; and
(b) must
state the period of time to which the advice applies.