South Australian Repealed Regulations

This legislation has been repealed.

OCCUPATIONAL HEALTH, SAFETY AND WELFARE REGULATIONS 2010 - REG 382

382—Preliminary

        (1)         The purpose of this Division is—

            (a)         to minimise the incidence and severity of injuries associated with—

                  (i)         various classes of high risk work; and

                  (ii)         the operation of loadshifting equipment,

by requiring—

                  (iii)         persons performing high risk work to possess a licence to carry out the relevant work; and

                  (iv)         operators of loadshifting equipment to undertake an assessment of competency,

thereby ensuring that those persons have the expertise and knowledge required to carry out the work or operate the equipment; and

            (b)         to provide for the issuing, suspension and cancellation of licences; and

            (c)         to provide for the registration of assessors to assess competency in various classes of high risk work and in the operation of loadshifting equipment.

        (2)         In this Division—

"Commonwealth regulatory authority" means the body responsible for the administration of the Occupational Health and Safety Act 1991 ;

"corresponding regulator" means a person who, under the law of another State, a Territory or the Commonwealth, has power to issue a licence or equivalent authorisation in accordance with the national standard;

"endorsed unit of competency", in relation to a class of high risk work, means the course or unit of competency for the work endorsed by Safe Work Australia;

"evidence of competency" means evidence that satisfies the Director of the competency of a person in a class of high risk work or in the operation of loadshifting equipment and includes a notice of satisfactory assessment or other document of a kind specified by the Director for the purposes of this definition;

"high risk work" means the work of a person involved in any work or task which is within the ambit of the national standard, being work or tasks within the following classes of work:

            (a)         scaffolding;

            (b)         rigging (including dogging);

            (c)         crane and hoist operation;

            (d)         forklift operation;

            (e)         pressure equipment operation;

"licence" means—

            (a)         a licence granted by the Director; or

            (b)         an equivalent licence issued by a corresponding regulator;

"loadshifting equipment" means loadshifting equipment within the ambit of the national loadshifting guidelines, other than a forklift truck or an order-picking forklift truck;

"national loadshifting guidelines" means the National Guidelines for Occupational Health and Safety Competency Standards for the Operators of Loadshifting and Other Types of Specified Equipment issued by the National Occupational Health and Safety Commission;

"national standard" means the National Standard for Licensing Persons Performing High Risk Work 2006 issued by the Australian Safety and Compensation Council;

"notice of satisfactory assessment" means—

            (a)         in relation to an applicant for a licence to carry out high risk work—a notice issued by a registered assessor stating that the applicant has successfully completed an assessment of competency in the relevant endorsed unit of competency for the class of high risk work to which the application relates;

            (b)         in relation to an operator of loadshifting equipment—a notice issued by a registered assessor stating that the applicant is competent to operate the equipment in accordance with the competency standards in the national loadshifting guidelines;

"registered assessor" means a person who is registered as an assessor under regulation 412;

"relevant certificate" means—

            (a)         a certificate of competency as defined in regulation 6.4.1 of the Occupational Health, Safety and Welfare Regulations 1995 as in force immediately before the commencement of these regulations;

            (b)         other evidence of competency.

        (3)         For the purposes of this Division, direct supervision of a person performing high risk work or operating loadshifting equipment must include the overseeing of the high risk work or the operation of the equipment by the person and ensuring, through directing, demonstrating, monitoring and checking, that the person can perform the work or operate the equipment to a level appropriate to the particular work or operation and can respond immediately and safely to an emergency situation.