(1) A person
conducting a business or undertaking must manage risks to health and safety
associated with excavation work, in accordance with Part 3.1.
Note for this subregulation:
WHS Act —
section 19 (see regulation 9).
(1A) In addition, a
person conducting a business or undertaking or a principal contractor at, or a
person with management or control of, a workplace where excavation work is to
be carried out must ensure that suitable signs that warn of risks to health
and safety associated with the excavation work are erected at the place where
the excavation work is to be carried out.
Penalty for this subregulation:
(a) for
an individual, a fine of $4 200;
(b) for
a body corporate, a fine of $21 000.
(2) The risks this
regulation applies to include the following —
(a) a
person falling into an excavation;
(b) a
person being trapped by the collapse of an excavation;
(c) a
person working in an excavation being struck by a falling thing;
(d) a
person working in an excavation being exposed to an airborne contaminant.
(3) In complying with
subregulation (1) or (1A), the person must have regard to all relevant
matters, including the following —
(a) the
nature of the excavation;
(b) the
nature of the excavation work, including the range of possible methods of
carrying out the work;
(c) the
means of entry into and exit from the excavation, if applicable.