(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 for this subregulation:
(a) for
an individual, a fine of $4 200;
(b) for
a body corporate, a fine of $21 000.
(2) A person
conducting a business or undertaking at a workplace must not direct or allow a
worker to carry out high risk work in the circumstances referred to in
regulation 82(1) unless the person sees written evidence provided by the
worker that the worker is undertaking the course of training referred to in
regulation 82(1)(a).
Penalty for this subregulation:
(a) for
an individual, a fine of $4 200;
(b) for
a body corporate, a fine of $21 000.
(2A) A person
conducting a business or undertaking at a workplace must not direct or allow a
worker to carry out high risk work in the circumstances referred to in
regulation 82(1A) unless the person sees written evidence provided by the
worker that the worker —
(a) in
the circumstances referred to in regulation 82(1A)(a) — holds
a certification referred to in regulation 82(1A); and
(b) in
the circumstances referred to in regulation 82(1A)(b) —
(i)
holds a certification referred to in
regulation 82(1A); and
(ii)
has applied for the relevant licence within the period
referred to in regulation 82(1A)(b).
Penalty for this subregulation:
(a) for
an individual, a fine of $4 200;
(b) for
a body corporate, a fine of $21 000.
(3) A person
conducting a business or undertaking at a workplace must not direct or allow a
worker to supervise high risk work as referred to in regulations 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 for this subregulation:
(a) for
an individual, a fine of $4 200;
(b) for
a body corporate, a fine of $21 000.
(4) A person
conducting a business or undertaking at a workplace must keep a record of the
written evidence provided —
(a)
under subregulation (1) or (2) — for at least 1 year
after the high risk work is carried out;
(b)
under subregulation (3) — for at least 1 year after the
last occasion on which the worker performs the supervision work.
Penalty for this subregulation:
(a) for
an individual, a fine of $1 450;
(b) for
a body corporate, a fine of $7 000.