Victorian Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 331

    (1)     This regulation applies to construction work if there is a risk of a person becoming engulfed by soil or other material when the work is performed.

    (2)     An employer or self-employed person must establish emergency procedures in accordance with subregulations (3) and (4) before the construction work is undertaken.

Note

Act compliance—sections 21, 23 and 24 (see regulation 7).

    (3)     The employer or self-employed person must ensure that the emergency procedures—

        (a)     so far as is reasonably practicable, enable—

              (i)     the rescue of a person in the event that the person becomes engulfed by soil or other material; and

              (ii)     the provision of first aid to a person who has become engulfed; and

        (b)     can be carried out immediately after a person becomes, or is likely to become, engulfed.

    (4)     The employer or self-employed person must ensure that any risk associated with carrying out the emergency procedures is—

        (a)     so far as is reasonably practicable, eliminated; or

        (b)     if it is not reasonably practicable to eliminate the risk, reduced so far as is reasonably practicable.

Examples

Examples of risks associated with carrying out emergency procedures are risks of engulfment, a fall, electric shock, crushing and musculoskeletal disorder.

    (5)     The employer or self-employed person must ensure that the emergency procedures are carried out immediately after a person becomes, or is likely to become, engulfed.

Note

Act compliance—sections 21, 23 and 24 (see regulation 7).

    (6)     This regulation does not apply to excavation of a shaft, trench or tunnel being—

        (a)     a mine; or

        (b)     a bore to which the Water Act 1989 applies; or

        (c)     a quarry within the meaning of the Mineral Resources (Sustainable Development) Act 1990 ; or

        (d)     made for the purpose of undertaking emergency work; or

        (e)     made for the rescue of any person or the carrying out an emergency response by an emergency service; or

        (f)     made for use as a place of burial or interment of the dead.

Subdivision 2—Duties of principal contractors