Occupational Health and Safety (Certification of Plant Users and

advertisement
Version No. 021
Occupational Health and Safety
(Certification of Plant Users and Operators)
Regulations 1994
S.R. No. 108/1994
Version incorporating amendments as at 28 October 2002
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1.
2.
3.
4.
5.
6.
1
Objective
Authorising provision
Commencement
Revocation of regulations made under the Lifts and Cranes
Act 1967 and Boilers and Pressure Vessels Act 1970
Revocation of regulations made under the Scaffolding Act 1971
Definitions
PART 2—CERTIFICATES OF COMPETENCY
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Requirement to hold a certificate of competency
People to whom regulation 7 does not apply
Authority may grant exemptions
How to obtain a certificate of competency
How to apply for a notice of equivalent competency
How to apply for an assessment of competency
Process for re-assessment
Person may work while application is being processed
Grant of certificate of competency
Form of certificate of competency
PART 3—TRAINING
17.
1
1
1
1
2
2
11
11
12
13
17
17
19
21
22
22
23
24
Person in training to be under direct supervision
i
24
Regulation
Page
PART 4—SUSPENSION AND CANCELLATION OF
CERTIFICATES OF COMPETENCY
18.
19.
20.
21.
22.
Suspension or cancellation of certificates
Partial suspension or cancellation of a certificate
Suspension or cancellation of certificate of competency issued
under other legislation
Cancelled or suspended certificates must be returned
Authority may recommend the suspension or cancellation of
interstate certificates
PART 5—AUTHORISATION OF CERTIFICATE ASSESSORS
23.
24.
25.
26.
27.
How to become a certificate assessor
Form of certificate of authorisation as a certificate assessor
Expiry and renewal of authorisation
Suspension or cancellation of authorisation
Suspended or cancelled certificates of authorisation must be
returned
PART 6—REVIEW OF DECISIONS
28.
29.
Decisions of the Authority
Decisions of a certificate assessor
PART 7—GENERAL
30.
31.
32.
33.
34.
35.
36.
38.
26
28
29
29
29
32
32
33
33
34
36
38
38
39
41
Holder to produce certificate
Replacement of lost, stolen or destroyed certificates
Application forms must be filled in truthfully
Expiry date of scaffolder's certificate has no effect
Penalties for offences by bodies corporate
Transfer of a current certificate to a certificate of competency
under these Regulations
Means of giving written notice under these Regulations
PART 8—TRANSITIONAL PROVISIONS
37.
26
Person previously not required to have a certificate of
competency may work for 12 months without a certificate
Examiners previously authorised under other legislation may
conduct assessments for 12 months
__________________
ii
41
41
42
42
42
42
43
44
44
44
Regulation
Page
SCHEDULES
46
SCHEDULE 1—Certificate classes
46
SCHEDULE 2—Classes of pressure equipment to which regulation 7
does not apply
54
═══════════════
ENDNOTES
56
1. General Information
56
2. Table of Amendments
57
3. Explanatory Details
58
iii
Version No. 021
Occupational Health and Safety
(Certification of Plant Users and Operators)
Regulations 1994
S.R. No. 108/1994
Version incorporating amendments as at 28 October 2002
PART 1—PRELIMINARY
1. Objective
The objective of these Regulations is to minimise
the incidence and severity of accidents involving
cranes, fork-lift trucks, hoists and other
mechanical loadshifting equipment, pressure
equipment and scaffolding by establishing
minimum standards of competency for people
working with that equipment and implementing a
certification system to ensure that those standards
are observed.
2. Authorising provision
These Regulations are made under section 59 of
the Occupational Health and Safety Act 1985.
3. Commencement
These Regulations come into operation on the day
that the Occupational Health and Safety (Plant)
Regulations 1995 come into operation.
4. Revocation of regulations made under the Lifts and
Cranes Act 1967 and Boilers and Pressure Vessels
Act 1970
The following regulations are revoked—
(a) Lifts and Cranes (Certification of Operators)
Regulations 19921; and
1
Reg. 3
amended by
S.R. No.
83/1995 reg. 5.
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 1—Preliminary
r. 5
(b) Lifts and Cranes (Certification of Operators)
(Exemption) Regulations 19922; and
(c) Lifts and Cranes (Certification of Operators)
(Fees and Miscellaneous Amendment)
Regulations 19933; and
(d) Lifts and Cranes (Certification of Operators)
(Fees) Regulations 19944; and
(e) Boilers and Pressure Vessels (Steam Engine
Drivers and Boiler Attendants) (Fees)
Regulations 19885.
5. Revocation of regulations made under the
Scaffolding Act 1971
The following regulations are revoked—
(a) Scaffolding (Certification of Scaffolders)
Regulations 19926; and
(b) Scaffolding (Certification of Scaffolders)
(Fees and Miscellaneous Amendment)
Regulations 19937; and
(c) Scaffolding (Certification of Scaffolders)
(Fees) Regulations 19948.
6. Definitions
In these Regulations—
Reg. 6 def. of
"Authority"
inserted by
S.R. No.
5/1998
reg. 10(a).
"Authority" means the Victorian WorkCover
Authority established under section 18 of the
Accident Compensation Act 1985;
Reg. 6 def. of
"boiler"
amended by
S.R. No.
83/1995
reg. 6(a).
"boiler" means a vessel, or an arrangement of
vessels, and interconnecting parts in which
steam or other vapour is generated, or water
or another liquid is heated at a pressure
above that of the atmosphere by the
application of fire, the products of
combustion or similar means (other than
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electrical power), and includes any boiler
setting and directly associated equipment and
all valves, gauges, fittings and controls up to,
and including, the first connection point after
the first valve or valve assembly, but does
not include—
(a) a fully flooded or pressurised system
where water or other liquid is heated to
a temperature lower than the normal
atmospheric boiling temperature of the
liquid; or
(b) any vessel where the design of the
vessel enables the vessel to operate
deprived of all liquid or vapour that is
intended to be heated, without affecting
the structure or operation of the vessel;
or
(c) a direct-fired process heater;
"boom-type elevating work platform" means a
powered telescoping device, hinged device
or articulated device or any combination of
these used to support a platform on which
personnel, equipment and materials may be
elevated to perform work and which has a
boom length of 11 metres or more;
"bridge crane" means a powered crane that
consists of one or more bridge beams
mounted at each end to an end carriage that
is capable of travelling along elevated
runways and that has one or more hoisting
mechanisms that are able to travel across the
bridge beam or beams, but does not include a
crane that has 3 or fewer powered operations
and that is controlled from a location remote
to a permanent cabin or control station on the
crane;
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Reg. 6 def. of
"certificate
assessor"
amended by
S.R. No.
5/1998
reg. 10(b).
"certificate assessor" means a person who is
authorised by the Authority under
regulation 23 to assess whether a person is
competent to hold a certificate of
competency or a person authorised by
another statutory authority to carry out
equivalent assessments;
Reg. 6 def. of
"certificate of
competency"
amended by
S.R. No.
5/1998
reg. 10(c).
"certificate of competency" means a certificate
listed in Schedule 1 issued by the Authority;
Reg. 6 def. of
"competency
standard"
amended by
S.R. No.
104/2002
reg. 601(1)
(b)(c).
"competency standard" means—
(a) a competency standard contained in
Schedule A, B or C to the National
Occupational Health and Safety
Certification Standard for Users and
Operators of Industrial Equipment as
published by the National Occupational
Health and Safety Commission and
amended from time to time; and
(b) in respect of fork-lift truck and orderpicking fork-lift truck operation, a
competency standard for loadshifting
equipment as contained in the National
Guidelines for Occupational Health and
Safety Competency Standards for the
Operation of Loadshifting Equipment
and Other Types of Specified
Equipment as published by the National
Occupational Health and Safety
Commission and amended from time to
time; and
(c) in respect of winder operation, a
competency standard for winder
operations published by the Authority
and amended from time to time;
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"concrete placing boom" means a powered
mobile truck-mounted plant incorporating a
knuckle boom that is capable of poweroperated slewing and luffing to place
concrete by way of pumping through a
pipeline attached to, or forming part of, the
boom of the plant;
"crane" means an appliance intended for raising
and lowering a load and moving it
horizontally but does not include industrial
lift-trucks, earthmoving machinery,
amusement structures, tractors, industrial
robots or lifts;
"derrick crane" means a powered slewing strutboom crane with its boom pivoted at the base
of a mast which is either guyed or held by
backstays and which is capable of luffing
under load;
"direct-fired process heater" means an
arrangement of tubes comprising one or
more coils located in the radiant zone or
convection zone or both of a combustion
chamber, whose prime purpose is to raise the
temperature of a process fluid which is
circulated through the coils, to allow
distillation or fractionation or reaction or
other petrochemical process of that process
fluid, which may be entirely liquid, entirely
gas or in a phase between liquid and gas;
"dogging" means the application of slinging
techniques, including the selection or
inspection of lifting gear, or the directing of
a crane or hoist operator in the movement of
a load when the load is out of the operator's
view;
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"forest produce" has the same meaning as
contained in section 3 of the Forests Act
1958 where used in reference to, or in
connection with, or as to anything in, any
reserved forest9;
"forestry operations" means those operations
directly associated with removing forest
produce from any forest;
"fork-lift truck" means a powered industrial
truck equipped with a mast and an elevating
load carriage to which is attached a pair of
forkarms or other loadholding attachment,
including a truck on which the operator is
raised with the attachment for order-picking,
but does not include a pedestrian operated
industrial truck;
"gantry crane" means a powered crane
consisting of one or more bridge beams
supported at each end by legs mounted on
end carriages and that is capable of travelling
on supporting surfaces or deck levels,
whether fixed or not, and that has a crab with
one or more hoisting units that are able to
travel across the bridge beam or beams, but
does not include a crane that has 3 or fewer
powered operations and that is controlled
from a location remote to a permanent cabin
or control station on the crane;
"hoist" means an appliance intended for raising
or lowering a load or personnel and includes
a mast climbing work platform, a personnel
and materials hoist, a slip form or jump
form, but does not include a lift;
"materials platform hoist" means a powered
builder's hoist by which only goods or
materials and not personnel may be hoisted
and where the car, bucket or platform is
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cantilevered from, and travels up and down
externally to, a face of the support structure;
"mechanical loadshifting equipment" includes
cranes, hoists, cableways, flying foxes,
winches, blocks and purchases which
incorporate sheaves, jacks and air bags;
"mine" means—
(a) a workplace at which work is being
done under a mining licence granted
under the Mineral Resources
Development Act 1990; or
(b) a workplace at which exploration,
within the meaning of the Mineral
Resources Development Act 1990, in
the form of—
(i) underground work of any kind; or
(ii) drilling from the surface for coalbed methane—
is being done under an exploration
licence granted under the Mineral
Resources Development Act 1990; or
(c) in relation to a tourist mine within the
meaning of the Mineral Resources
Development Act 1990, those parts of
the mine that are underground and all
infrastructure and plant associated with
the underground workings;
"non-slewing mobile crane" means a powered
mobile crane with a capacity of more than
3 tonnes and which incorporates a boom or
jib that is not capable of being slewed,
including an articulated type mobile crane
and a locomotive crane, but does not include
a crane engaged in vehicle tow truck
operations;
7
Reg. 6 def. of
"mine"
inserted by
S.R. No.
104/2002
reg. 601(1)(a).
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
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Part 1—Preliminary
r. 6
"order-picking fork-lift truck" means a
powered industrial truck of the type where
the operator's control arrangement is
incorporated with the load carriage or lifting
media, and elevates with it;
"personnel and materials hoist" means a
powered builder's hoist by which personnel,
goods or materials may be hoisted, and
which comprises a car, structure, machinery
or other equipment associated with the hoist,
and which may be either a cantilever hoist, a
tower hoist or a multiple winch operation;
"portal boom crane" means a powered jib or
boom crane mounted on a portal frame that
is supported on runways along which the
crane may travel;
"pressure equipment" means a boiler, a turbine
or a reciprocating steam engine;
"primary production" means enterprises whose
business is that of producing crops, plants or
fruit or of maintaining or rearing animals for
the purpose of selling them or their bodily
produce;
"reciprocating steam engine" means any steam
plant where the steam acts upon a piston
under pressure where this action of the steam
causes the piston to move, but does not
include an expanding (steam) reciprocating
engine with any piston diameter of
250 millimetres or less;
"rigging" means the use of mechanical
loadshifting equipment and associated gear
to move, place or secure a load including
plant, equipment or members of a building or
structure and to ensure the stability of those
members and for the setting up and
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dismantling of cranes and hoists, but does
not include the setting up of a crane or hoist
which only requires the positioning of
integral outriggers or stabilisers;
"scaffolding" means the erection, alteration or
dismantling of a temporary structure,
specifically erected to support platforms,
where the structure is such that a person or
object could fall more than 4 metres from the
structure;
"shaft conveyance" means a cage, skip, kibble or
other contrivance in or on which persons ride
up or down a shaft, but does not include any
attachments to that cage, skip, kibble or other
contrivance;
"slewing mobile crane" means a powered mobile
crane incorporating a boom or jib that is
capable of being slewed, but does not
include a front-end loader, a backhoe, an
excavator or similar equipment when
configured for crane operation;
"slinging techniques" in relation to dogging
means those slinging techniques that require
judgement to be exercised in relation to the
suitability and condition of lifting gear, and
the method of slinging, by consideration of
the nature of the load, its mass and its centre
of gravity;
"statutory authority" means a person or body
that has the power under the law of the
Commonwealth of Australia or the law of an
Australian State or Territory to issue
certificates equivalent to the certificates of
competency listed in Schedule 1;
9
Reg. 6 def. of
"shaft
conveyance"
inserted by
S.R. No.
104/2002
reg. 601(1)(a).
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and Operators) Regulations 1994
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Part 1—Preliminary
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"tower crane" means a powered jib or boom
crane mounted on a tower structure that is
demountable or permanent, and includes
both horizontal and luffing jib types;
"turbine" means any plant where steam acts on a
turbine or rotor to cause a rotary motion, but
does not include steam turbines and
expansion turbines with a power output of
less than 500 kW;
Reg. 6 def. of
"vehicle
loading
crane"
amended by
S.R. No.
83/1995
reg. 6(b).
"vehicle loading crane" means a powered
slewing crane mounted on a vehicle for the
principal purpose of loading and unloading
the vehicle and that has a capacity of
10 metre tonnes or more;
Reg. 6 def. of
"winder"
inserted by
S.R. No.
104/2002
reg. 601(1)(a).
"winder" means an electrical or compressed air
or hydraulic or other power driven unit,
single or multi-drum, which by use of ropes,
sheave wheels and a shaft conveyance, is
used to raise or lower persons or materials
from level to level and includes a friction
winder.
_______________
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Part 2—Certificates of Competency
r. 7
PART 2—CERTIFICATES OF COMPETENCY
7. Requirement to hold a certificate of competency
(1) A person must not do any of the work
encompassed by a certificate of competency
unless he or she holds an appropriate certificate of
competency in relation to that work.
Penalty: 100 penalty units.
(2) An employer must not allow an employee to do
any such work unless the employee holds an
appropriate certificate of competency with respect
to that work.
Penalty: 100 penalty units.
(3) A person who holds a certificate of competency
for rigging work is not required to also hold a
certificate of competency for crane or hoist
operation for the purpose of setting up or
dismantling a crane or hoist if the operation of the
crane or hoist is integral to the setting up or
dismantling.
(4) A reference to a certificate of competency in this
regulation includes a reference—
(a) to an equivalent certificate that was issued by
a statutory authority outside Victoria; or
(b) to a certificate of competency that was issued
under the Lifts and Cranes Act 1967, the
Boilers and Pressure Vessels Act 1970 or
the Scaffolding Act 1971 or regulations
made under those Acts, and that was in force
immediately before the day these
Regulations came into operation; or
(c) to a certificate that is equivalent to a
certificate of competency that was issued
under the Lifts and Cranes Act 1967, the
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Boilers and Pressure Vessels Act 1970 or
the Scaffolding Act 1971 or regulations
made under those Acts, and that was in force
immediately before the day these
Regulations came into operation.
(5) A reference to a certificate of competency in this
regulation does not include a reference to a
certificate that is presently suspended (either
wholly or in relation to the work being performed)
in Victoria or another Australian jurisdiction.
(6) Sub-regulation (4) only applies to a certificate that
is being used in accordance with the terms and
conditions under which it was granted.
8. People to whom regulation 7 does not apply
(1) Regulation 7(1) does not apply to a person—
(a) who is undertaking training in accordance
with Part 3 for the purpose of gaining a
certificate of competency; or
(b) who is a person who is authorised to work
under regulation 14; or
(c) who was exempted from holding a certificate
of competency under an exemption that was
in force immediately before the day these
Regulations came into operation, but only for
so long as the terms (if any) of that
exemption continue to be complied with
and—
(i) only for so long as was provided for in
that exemption; or
Reg. 8(1)(c)(ii)
amended by
S.R. No.
5/1998
reg. 11(a).
(ii) only until the exemption is revoked by
the Authority—
(whichever occurs sooner); or
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(d) who is performing work that is the subject of
a notice of exemption under
regulation 9(3)(a).
(2) Regulation 7(2) does not apply to an employer in
respect of the performance of work by an
employee to whom regulation 7(1) does not apply
in respect of that work.
(3) A reference to an exemption in sub-regulation
(1)(c) does not include a reference to an
exemption prescribed under the Lifts and Cranes
(Certification of Operators) (Exemption)
Regulations 1992.
(4) Regulation 7 also does not apply to a person
operating or employing another person to
operate—
(a) a fork-lift truck; or
(b) an order-picking fork-lift truck—
in connection with the normal work of primary
production or forestry operations while the person
is operating or employing another person to
operate that equipment.
(5) Regulation 7 also does not apply to any person
operating or employing another person to operate
any of the classes of pressure equipment listed in
Schedule 2 while the person is operating or
employing another person to operate that
equipment and the conditions (if any) set out in
Schedule 2 in relation to that equipment have
been, or are being, (as the case may be) complied
with.
9. Authority may grant exemptions
(1) The Authority may, by written notice published in
the Government Gazette, exempt any person or
class of person from the operation of
regulation 7(1) if the Authority is satisfied that the
13
Reg. 9(1)
amended by
S.R. No.
5/1998
reg. 11(b)(i).
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work can be performed as safely by a person who
does not hold a relevant certificate of competency
as it could be performed by a person who holds
such a certificate.
Reg. 9(2)
amended by
S.R. No.
5/1998
reg. 11(b)(i).
(2) An employer may apply to the Authority to be
exempted from the operation of regulation 7(2) in
respect of particular work to be performed on
behalf of the employer.
Reg. 9(3)
amended by
S.R. No.
5/1998
reg. 11(b)(i).
(3) If the Authority—
Reg. 9(3)(a)
amended by
S.R. No.
5/1998
reg. 11(b)(ii).
(a) is satisfied that the work can be performed as
safely by a person who does not hold a
relevant certificate of competency as it could
be performed by a person who holds such a
certificate, the Authority may give the
employer a written notice granting the
exemption and specifying the work that may
be performed on behalf of the employer by
employees who do not hold the relevant
certificate; or
Reg. 9(3)(b)
amended by
S.R. No.
5/1998
reg. 11(b)(ii).
(b) is not so satisfied, the Authority must give
the employer a written notice stating that
opinion.
Reg. 9(4)
amended by
S.R. No.
5/1998
reg. 11(b)(i).
(4) A person may apply to the Authority to be
exempted—
(a) from having to hold a certificate of
competency in relation to any work or class
of work referred to in regulation 7(1); or
(b) from the requirement to have attained
18 years of age before obtaining a certificate
of competency.
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(5) In considering such an application for exemption,
the Authority may require the applicant to obtain
an assessment of competency from a certificate
assessor in relation to any skill or knowledge that
the Authority believes that the applicant should
have to carry out the work for which the
exemption is being sought.
Reg. 9(5)
amended by
S.R. No.
5/1998
reg. 11(b)(i).
(6) In the case of an application made under subregulation (4)(a)—
(a) if the Authority is satisfied that the work can
be performed as safely by a person who does
not hold a relevant certificate of competency
as it could be performed by a person who
holds such a certificate, the Authority may
give the applicant a written notice granting
the exemption and specifying the work that
may be performed without the relevant
certificate; or
Reg. 9(6)(a)
amended by
S.R. No.
5/1998
reg. 11(b)(i)(ii).
(b) if the Authority is not so satisfied, the
Authority must give the applicant a written
notice stating that opinion.
Reg. 9(6)(b)
amended by
S.R. No.
5/1998
reg. 11(b)(i)(ii).
(7) In the case of an application made under subregulation (4)(b)—
(a) if the Authority is satisfied that the work can
be performed as safely by a person under
18 years of age as it could be performed by
an adult, the Authority may give the
applicant a written notice granting the
exemption and specifying the work that may
be performed by the applicant; or
Reg. 9(7)(a)
amended by
S.R. No.
5/1998
reg. 11(b)(i)(ii).
(b) if the Authority is not so satisfied, the
Authority must give the applicant a written
notice stating that opinion.
Reg. 9(7)(b)
amended by
S.R. No.
5/1998
reg. 11(b)(i)(ii).
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Occupational Health and Safety (Certification of Plant Users
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Part 2—Certificates of Competency
r. 9
Reg. 9(8)
amended by
S.R. No.
5/1998
reg. 11(b)(i).
Reg. 9(9)
amended by
S.R. No.
5/1998
reg. 11(b)(i).
Reg. 9(10)
amended by
S.R. No.
5/1998
reg. 11(b)(i).
(8) An application for an exemption under this
regulation must be in the form determined by the
Authority and must be accompanied by any
information required by the Authority.
(9) The Authority may provide for an exemption
under this regulation to apply to all of the work or
part of the work that would normally be required
to be performed by a person with a relevant
certificate of competency.
(10) The Authority may impose conditions on an
exemption, and may vary the conditions, at any
time by way of a written notice.
(11) An exemption or condition takes effect—
(a) in the case of an exemption under subregulation (1), on the day on which a notice
of the exemption or condition is published in
the Government Gazette; or
(b) in the case of an application under subregulation (2) or (4), on the day on which the
applicant is given written notice of the
exemption or condition.
Reg. 9(12)
amended by
S.R. No.
5/1998
reg. 11(b)(i).
(12) The Authority may revoke an exemption.
(13) A revocation, or variation of the conditions, of an
exemption takes effect—
(a) on the day on which a notice of the
revocation or variation is published in the
Government Gazette; or
(b) on the day on which a person to whom the
exemption applies is given written notice of
the revocation or variation.
16
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 2—Certificates of Competency
r. 10
(14) The fee to be charged for the consideration of an
application under this regulation is to be
calculated at a rate of $50 for each hour, or part of
an hour, taken to assess the application up to a
maximum of $400.
10. How to obtain a certificate of competency
(1) A person may apply to the Authority for the grant
of a certificate of competency.
Reg. 10(1)
amended by
S.R. No.
5/1998
reg. 11(a).
(2) The application must—
(a) be in the form determined by the Authority;
and
Reg. 10(2)(a)
amended by
S.R. No.
5/1998
reg. 11(a).
(b) be accompanied by—
(i) a notice of satisfactory assessment of
competency issued by a certificate
assessor under regulation 12; or
(ii) a notice of equivalent competency
issued under regulation 11; and
(c) be accompanied by a fee of $65.
11. How to apply for a notice of equivalent competency
(1) A person may apply to a certificate assessor for a
notice stating that the person has qualifications,
learning or experience that give the person
competency equivalent to the competency needed
to obtain a particular certificate of competency.
(2) An application must—
(a) be in the form determined by the Authority;
and
17
Reg. 11(2)(a)
amended by
S.R. No.
5/1998
reg. 11(a).
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 2—Certificates of Competency
r. 11
(b) be accompanied by—
(i) evidence that the applicant is at least
18 years of age or has been exempted
from this requirement under
regulation 9; and
Reg. 11(2)
(b)(ii)
amended by
S.R. No.
5/1998
reg. 11(a).
(ii) a declaration as to whether the
applicant has had any certificate of
competency or equivalent certificate
suspended or cancelled by the
Authority or any statutory authority
within the past 5 years; and
(iii) any documents needed to support any
information supplied on that form (if
required by that form).
Reg. 11(3)
amended by
S.R. No.
5/1998
reg. 11(a).
(3) The certificate assessor must assess the
application in accordance with the guidelines (if
any) on equivalent qualifications or prior learning
or experience that the Authority may, from time to
time, issue to the certificate assessor.
Penalty: 100 penalty units.
(4) The certificate assessor must issue a notice under
this regulation to an applicant if the certificate
assessor is satisfied that the applicant has
qualifications, learning or experience that give
him or her competency equivalent to the
competency needed to obtain a particular
certificate of competency.
(5) If the certificate assessor is not so satisfied, the
certificate assessor must—
(a) refuse the application; or
(b) require the applicant to obtain a competency
assessment of any necessary skill or
knowledge the certificate assessor is not
satisfied the applicant possesses.
18
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 2—Certificates of Competency
r. 12
(6) The certificate assessor must give the applicant
written reasons for any action taken by the
certificate assessor under sub-regulation (5) and
must invite the applicant to be heard by the
certificate assessor in relation to the refusal to
grant the application.
(7) An application under this regulation may be made
to the Authority and in such a case, a reference in
this regulation (except sub-regulation (3)) to a
certificate assessor is to be read as a reference to
the Authority.
Reg. 11(7)
amended by
S.R. No.
5/1998
reg. 11(a).
(8) An application to the Authority under this
regulation must be accompanied by a fee of $22.
Reg. 11(8)
amended by
S.R. No.
5/1998
reg. 11(a).
12. How to apply for an assessment of competency
(1) A person may apply to a certificate assessor for an
assessment of the person's competency to safely
perform the work to which a certificate of
competency relates to the standard set by the
relevant competency standard.
(2) An application must—
(a) be in the form determined by the Authority;
and
(b) be accompanied by—
(i) evidence that the applicant is at least
18 years of age or has been exempted
from this requirement under
regulation 9; and
19
Reg. 12(2)(a)
amended by
S.R. No.
5/1998
reg. 11(a).
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 2—Certificates of Competency
r. 12
Reg. 12(2)
(b)(ii)
amended by
S.R. No.
5/1998
reg. 11(a).
(ii) a declaration as to whether the
applicant has had any certificate of
competency or equivalent certificate
suspended or cancelled by the
Authority or any statutory authority
within the past 5 years.
Reg. 12(3)
amended by
S.R. No.
5/1998
reg. 11(a).
(3) A person may also apply to a certificate assessor
for an assessment of any skill or knowledge that
has been required under regulation 11(5)(b) or for
any assessment required by the Authority under
regulation 9(5).
Reg. 12(4)
amended by
S.R. No.
5/1998
reg. 11(a).
(4) Such an application must be in the form
determined by the Authority.
Reg. 12(5)
amended by
S.R. No.
5/1998
reg. 11(a).
(5) The certificate assessor must carry out an
assessment for the purposes of this regulation in
accordance with the assessment instruments and
guidelines that the Authority may, from time to
time, issue to the certificate assessor.
Penalty: 100 penalty units.
Reg. 12(6)
amended by
S.R. No.
5/1998
reg. 11(a).
(6) The Authority may include in the assessment
instruments—
(a) techniques for directly observing the
applicant's performance of the work or skill
under workplace conditions;
(b) simulated work related tasks to be
performed;
(c) checklists to be completed by the applicant;
(d) projects or assignments to be completed by
the applicant;
(e) test questions;
(f) any other methods of assessment.
20
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 2—Certificates of Competency
r. 13
(7) In the case of applications made under subregulation (1)—
(a) if, after carrying out an assessment of the
applicant, the certificate assessor is satisfied
that the applicant can meet the performance
criteria that apply to each element of
competency in the relevant competency
standard under workplace conditions, he or
she must give the applicant a written notice
stating that he or she is of that opinion; or
(b) if the certificate assessor is not so satisfied,
he or she must give the applicant a written
notice stating that opinion and the reasons
why he or she is of that opinion.
(8) In the case of applications made under subregulation (3)—
(a) if, after carrying out an assessment of the
applicant, the certificate assessor is satisfied
the applicant possesses the skill or
knowledge assessed, he or she must give the
applicant a written notice stating that he or
she is of that opinion; or
(b) if the certificate assessor is not so satisfied,
he or she must give the applicant a written
notice stating that opinion and the reasons
why he or she is of that opinion.
(9) An applicant is entitled to be heard by the
certificate assessor in relation to any action taken
under sub-regulation (7)(b) or (8)(b).
13. Process for re-assessment
An applicant who receives a notice of
unsatisfactory assessment under
regulation 12(7)(b) or (8)(b) may apply to a
certificate assessor for a re-assessment after the
expiration of 3 weeks after the date he or she
received the notice.
21
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 2—Certificates of Competency
r. 14
14. Person may work while application is being
processed
(1) This regulation applies to a person who has been
issued with a notice of a satisfactory assessment
of competency (under regulation 12(7)(a)) or a
notice of equivalent competency under
regulation 11(4).
(2) The person may perform any work in respect of
which the notice applies—
(a) for 60 days from the date of issue of the
notice; and
(b) if the person applies for a certificate of
competency within that 60 day period, until
he or she is issued with the certificate or until
14 days after he or she is given written notice
that the application has been refused.
15. Grant of certificate of competency
Reg. 15(1)
amended by
S.R. No.
5/1998
reg. 11(a).
(1) The Authority must grant a certificate of
competency to an applicant if the Authority is
satisfied—
(a) that the application for the grant of the
certificate complies with regulation 10; and
(b) that the applicant is at least 18 years of age
(or is exempted from that requirement); and
(c) that the applicant is likely to be able to safely
and competently perform the work to which
the certificate relates.
Reg. 15(2)
amended by
S.R. No.
5/1998
reg. 11(a).
(2) If the Authority refuses to grant an applicant a
certificate of competency, the Authority must give
the applicant a written notice of refusal—
(a) that sets out the reasons for the refusal; and
22
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 2—Certificates of Competency
r. 16
(b) that invites the applicant to be heard by the
Authority, within a specified time of not less
than 14 days, in relation to the decision to
refuse to grant the certificate.
16. Form of certificate of competency
A certificate of competency must be in the form
determined by the Authority and must include—
(a) the name and signature of the certificate
holder; and
(b) the date of issue; and
(c) the class of certificate; and
(d) a description of the type of work that the
certificate authorises the certificate holder to
carry out; and
(e) an identifying number unique to the
certificate holder.
_______________
23
Reg. 15(2)(b)
amended by
S.R. No.
5/1998
reg. 11(a).
Reg. 16
amended by
S.R. No.
5/1998
reg. 11(a).
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 3—Training
r. 17
PART 3—TRAINING
17. Person in training to be under direct supervision
(1) The employer of a trainee carrying out work
referred to in regulation 7(1) must ensure—
(a) that the trainee receives the directions,
demonstrations and monitoring appropriate
to the tasks assigned to the trainee and the
competence of the trainee so that, as far as
practicable, the trainee can perform the work
in a manner that is safe and without risks to
health; and
(b) that should an emergency involving the
trainee arise, action to immediately rectify
any dangerous situation can be taken; and
(c) that the trainee is always under direct
supervision unless a lesser degree of
supervision would not place the trainee or
any other person at risk and—
(i) the circumstances of a particular task
make direct supervision impracticable
or unnecessary; or
(ii) the level of competence of the trainee is
such that direct supervision is
unnecessary.
Penalty: 100 penalty units.
(2) The employer must ensure that the direct
supervisor of a trainee is authorised by the
employer to oversight the trainee and is—
(a) a person who holds a relevant certificate of
competency or a certificate referred to in
regulation 7(4); or
24
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 3—Training
r. 17
(b) if such a person is not available, a person
who has equivalent qualifications to enable
the person to supervise the trainee.
Penalty: 100 penalty units.
(3) If a person who is undertaking a training course or
program carries out work as part of the course or
program to which regulation 7(1) applies, the
person or body conducting the course or program
must ensure that he, she or it complies with all
obligations placed on an employer by this
regulation in respect of the person undertaking the
training.
Penalty: 100 penalty units.
_______________
25
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 4—Suspension and Cancellation of Certificates of Competency
r. 18
PART 4—SUSPENSION AND CANCELLATION OF
CERTIFICATES OF COMPETENCY
18. Suspension or cancellation of certificates
Reg. 18(1)
amended by
S.R. No.
5/1998
reg. 11(c)(i).
(1) The Authority may suspend or cancel a certificate
of competency if the Authority is satisfied—
(a) that the certificate holder is no longer
competent to perform the work authorised by
the certificate without risk to the certificate
holder's health or safety or the health or
safety of other people; or
(b) that the certificate holder has been convicted
of an offence—
(i) under the Act or any regulations made
under the Act; or
(ii) under an equivalent Act of another
Australian jurisdiction or any
regulations made under that Act—
which relates to the work carried out under
that certificate of competency; or
(c) that the certificate was obtained on the basis
of false or misleading information or a
failure to disclose particular information.
26
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 4—Suspension and Cancellation of Certificates of Competency
r. 18
(2) The Authority must not suspend or cancel a
certificate of competency unless—
(a) the Authority has given the certificate holder
a written notice—
(i) stating that the Authority believes that a
ground for the suspension or
cancellation exists; and
(ii) specifying the ground and outlining the
facts and circumstances that form the
basis of the Authority's belief that the
ground exists; and
Reg. 18(2)
amended by
S.R. No.
5/1998
reg. 11(c)(i).
Reg. 18(2)(a)
amended by
S.R. No.
5/1998
reg. 11(c)(i).
Reg. 18(2)(a)(i)
amended by
S.R. No.
5/1998
reg. 11(c)(i).
Reg. 18(2)
(a)(ii)
amended by
S.R. No.
5/1998
reg. 11(c)(ii).
(iii) in the case of an intention to suspend,
specifying the proposed suspension
period; and
(iv) inviting the certificate holder to be
heard by the Authority and provide
reasons, within a specified time of not
less than 14 days, why the certificate
should not be suspended or cancelled;
and
Reg. 18(2)
(a)(iv)
amended by
S.R. No.
5/1998
reg. 11(c)(i).
(b) either—
(i) the certificate holder fails to provide,
within the time specified in the notice,
reasons why the certificate should not
be suspended or cancelled; or
(ii) after considering all material submitted
to the Authority by, or on behalf of, the
certificate holder, the Authority still
believes that a ground for suspension or
cancellation exists.
27
Reg. 18(2)
(b)(ii)
amended by
S.R. No.
5/1998
reg. 11(c)(i)(iii).
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 4—Suspension and Cancellation of Certificates of Competency
r. 19
Reg. 18(3)
amended by
S.R. No.
5/1998
reg. 11(c)(i).
(3) If the notice given by the Authority under subregulation (2)(a) stated that the Authority intended
to suspend a certificate, the Authority may
suspend the certificate for the period specified in
the notice under sub-regulation (2)(a)(iii) or for
any shorter period that the Authority considers
appropriate.
Reg. 18(4)
amended by
S.R. No.
5/1998
reg. 11(c)(i).
(4) If the notice given by the Authority under subregulation (2)(a) stated that the Authority intended
to cancel the certificate, the Authority may instead
suspend the certificate for any period that the
Authority considers appropriate.
Reg. 18(5)
amended by
S.R. No.
5/1998
reg. 11(c)(i).
(5) If the Authority, after undertaking any processes
referred to in sub-regulation (2), decides to
suspend or cancel a certificate, the Authority must
give the certificate holder a written notice
advising him or her of the decision and setting out
the reasons for the decision.
(6) The suspension or cancellation of the certificate
takes effect—
(a) 14 days after the day on which the certificate
holder is given the notice referred to in subregulation (5); or
(b) on any later day specified in the notice.
19. Partial suspension or cancellation of a certificate
Reg. 19(1)
amended by
S.R. No.
5/1998
reg. 11(a).
(1) The Authority may suspend or cancel a certificate
of competency with respect to one or more of the
types of work that the certificate authorises.
(2) Regulation 18 applies to any suspension or
cancellation under this regulation as if a reference
to suspension or cancellation in that regulation
was a reference to partial suspension or
cancellation.
28
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 4—Suspension and Cancellation of Certificates of Competency
r. 20
20. Suspension or cancellation of certificate of
competency issued under other legislation
(1) If the Authority believes that a ground for
suspension or cancellation listed in
regulation 18(1) exists with respect to a certificate
issued under the Lifts and Cranes Act 1967, the
Boilers and Pressure Vessels Act 1970 or the
Scaffolding Act 1971 or regulations made under
those Acts, the Authority may suspend or cancel
that certificate.
Reg. 20(1)
amended by
S.R. No.
5/1998
reg. 11(a).
(2) Regulations 18 and 19 apply to the suspension or
cancellation of a certificate under this regulation.
21. Cancelled or suspended certificates must be
returned
(1) The holder of a certificate of competency that has
been suspended or cancelled by the Authority
must return the certificate to the Authority within
14 days of the date a suspension or cancellation
takes effect.
Reg. 21(1)
amended by
S.R. No.
5/1998
reg. 11(a).
Penalty: 100 penalty units.
(2) If a certificate has only been partially suspended
or cancelled, the Authority must issue the
certificate holder with a replacement certificate
setting out the types of work that the certificate
still authorises the holder to perform.
Reg. 21(2)
amended by
S.R. No.
5/1998
reg. 11(a).
(3) The holder of such a replacement certificate must
return it to the Authority within 14 days of being
reissued with the certificate that was subject to the
suspension.
Reg. 21(3)
amended by
S.R. No.
5/1998
reg. 11(a).
22. Authority may recommend the suspension or
cancellation of interstate certificates
(1) If the Authority believes that a ground of
suspension or cancellation listed in
regulation 18(1) exists with respect to a certificate
issued by a statutory authority outside Victoria,
29
Reg. 22(1)
amended by
S.R. No.
5/1998
reg. 11(d)(i).
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 4—Suspension and Cancellation of Certificates of Competency
r. 22
the Authority may make a recommendation to the
issuing statutory authority that the certificate be
wholly or partially suspended or cancelled.
Reg. 22(2)
amended by
S.R. No.
5/1998
reg. 11(d)(i).
Reg. 22(2)(a)
amended by
S.R. No.
5/1998
reg. 11(d)(i).
Reg. 22(2)(a)(i)
amended by
S.R. No.
5/1998
reg. 11(d)(i).
Reg. 22(2)
(a)(ii)
amended by
S.R. No.
5/1998
reg. 11(d)(ii).
Reg. 22(2)
(a)(iii)
amended by
S.R. No.
5/1998
reg. 11(d)(i).
(2) The Authority must not make a recommendation
under sub-regulation (1) unless—
(a) the Authority has given the certificate holder
a written notice—
(i) stating that the Authority believes that a
ground for recommending the
suspension or cancellation exists; and
(ii) specifying the ground and outlining the
facts and circumstances that form the
basis of the Authority's belief that the
ground exists; and
(iii) inviting the certificate holder to be
heard by the Authority and provide
reasons, within a specified time of not
less than 14 days, why the
recommendation should not be made;
and
(b) either—
(i) the certificate holder fails to provide,
within the time specified in the notice,
reasons why the recommendation
should not be made; or
Reg. 22(2)
(b)(ii)
amended by
S.R. No.
5/1998
reg. 11(d)
(i)(iii).
(ii) after considering all material submitted
to the Authority by, or on behalf of, the
certificate holder, the Authority still
believes that the recommendation
should be made.
30
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 4—Suspension and Cancellation of Certificates of Competency
r. 22
(3) If the Authority, after undertaking any processes
referred to in sub-regulation (2), decides to
recommend to another statutory authority that a
certificate be suspended or cancelled, the
Authority must give the certificate holder a
written notice advising him or her of the decision
and setting out the reasons for the decision.
_______________
31
Reg. 22(3)
amended by
S.R. No.
5/1998
reg. 11(d)(i).
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 5—Authorisation of Certificate Assessors
r. 23
PART 5—AUTHORISATION OF CERTIFICATE ASSESSORS
23. How to become a certificate assessor
Reg. 23(1)
amended by
S.R. No.
5/1998
reg. 11(a).
(1) A person may apply to the Authority to be
authorised as a certificate assessor.
(2) The application must—
Reg. 23(2)(a)
amended by
S.R. No.
5/1998
reg. 11(a).
(a) be in the form determined by the Authority;
and
(b) be accompanied by—
(i) evidence of the person's qualifications
and experience; and
(ii) any other documents needed to support
any information supplied on the
application form (if required by that
form); and
(iii) an application fee of $85.
Reg. 23(3)
amended by
S.R. No.
5/1998
reg. 11(a).
(3) If the Authority is satisfied that sub-regulation (2)
has been complied with and that an applicant is
likely to be able to competently perform the
functions of a certificate assessor, the Authority
must, upon the applicant paying a fee of $841,
issue the applicant with a certificate that
authorises the applicant to be a certificate
assessor.
Reg. 23(4)
amended by
S.R. No.
5/1998
reg. 11(a).
(4) If the Authority decides to refuse to authorise an
applicant to be a certificate assessor, the Authority
must give the applicant a written notice of refusal
that sets out the reasons for the refusal.
32
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 5—Authorisation of Certificate Assessors
r. 24
(5) An applicant affected by a decision of the
Authority under sub-regulation (4) has a right to
be heard by the Authority in regard to the
decision.
24. Form of certificate of authorisation as a certificate
assessor
A certificate authorising a person to be a
certificate assessor must be in the form
determined by the Authority and must set out—
Reg. 23(5)
amended by
S.R. No.
5/1998
reg. 11(a).
Reg. 24
amended by
S.R. No.
5/1998
reg. 11(a).
(a) the types of competency assessment that the
holder of the certificate is authorised to carry
out; and
(b) the date on which it is issued; and
(c) the date on which the authorisation expires.
25. Expiry and renewal of authorisation
(1) An authorisation as a certificate assessor expires
3 years after the date the certificate of
authorisation is issued.
(2) A person can renew his or her authorisation as a
certificate assessor by applying to the Authority
for the renewal not less than one month before the
date the authorisation expires.
Reg. 25(2)
amended by
S.R. No.
5/1998
reg. 11(a).
(3) The application must—
(a) be in the form determined by the Authority;
and
Reg. 25(3)(a)
amended by
S.R. No.
5/1998
reg. 11(a).
(b) contain any information required by the
Authority; and
Reg. 25(3)(b)
amended by
S.R. No.
5/1998
reg. 11(a).
(c) be accompanied by a fee of $841.
33
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 5—Authorisation of Certificate Assessors
r. 26
26. Suspension or cancellation of authorisation
Reg. 26(1)
amended by
S.R. No.
5/1998
reg. 11(e)(i)(ii).
(1) The Authority may suspend or cancel the
authorisation of a person to be a certificate
assessor if the authorisation was issued by the
Authority and it is satisfied—
(a) that the person is no longer able to
competently perform the functions of a
certificate assessor; or
(b) that the certificate assessor has been
convicted of an offence—
(i) under the Act or any regulations made
under the Act; or
(ii) under an equivalent Act of another
Australian jurisdiction or any
regulations made under that Act—
which relates to any work for which the
certificate assessor is authorised to carry out
competency assessments; or
(c) that the certificate of authorisation was
obtained on the basis of false or misleading
information or a failure to disclose particular
information; or
Reg. 26(1)(d)
amended by
S.R. No.
5/1998
reg. 11(e)(i).
(d) that the certificate assessor conducted
assessments in a manner not in accordance
with assessment instruments or guidelines
issued by the Authority; or
Reg. 26(1)(e)
amended by
S.R. No.
5/1998
reg. 11(e)(i).
(e) in the case of a certificate assessor authorised
by the Authority and conducting assessments
in another Australian jurisdiction, that the
certificate assessor conducted assessments in
a manner not in accordance with assessment
instruments or guidelines issued by the
relevant statutory authority in that other
jurisdiction.
34
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 5—Authorisation of Certificate Assessors
r. 26
(2) The Authority must not suspend or cancel a
person's authorisation unless—
(a) the Authority has given the person a written
notice—
(i) stating that the Authority believes that a
ground for the suspension or
cancellation exists; and
(ii) specifying the ground and outlining the
facts and circumstances that form the
basis of the Authority's belief that the
ground exists; and
Reg. 26(2)
amended by
S.R. No.
5/1998
reg. 11(e)(i).
Reg. 26(2)(a)
amended by
S.R. No.
5/1998
reg. 11(e)(i).
Reg. 26(2)(a)(i)
amended by
S.R. No.
5/1998
reg. 11(e)(i).
Reg. 26(2)
(a)(ii)
amended by
S.R. No.
5/1998
reg. 11(e)(iii).
(iii) in the case of an intention to suspend,
specifying the proposed suspension
period; and
(iv) inviting the person to be heard by the
Authority and provide reasons, within a
specified time of not less than 14 days,
why the authorisation should not be
suspended or cancelled; and
Reg. 26(2)
(a)(iv)
amended by
S.R. No.
5/1998
reg. 11(e)(i).
(b) either—
(i) the person fails to provide, within the
time specified in the notice, reasons
why the authorisation should not be
suspended or cancelled; or
(ii) after considering all material submitted
to the Authority by, or on behalf of, the
person, the Authority still believes that
a ground for suspension or cancellation
exists.
35
Reg. 26(2)
(b)(ii)
amended by
S.R. No.
5/1998
reg. 11(e)
(i)(iv).
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 5—Authorisation of Certificate Assessors
r. 27
Reg. 26(3)
amended by
S.R. No.
5/1998
reg. 11(e)(i).
(3) If the notice given by the Authority under subregulation (2)(a) stated that the Authority intended
to suspend the authorisation, the Authority may
suspend the authorisation for the period specified
in the notice under sub-regulation (2)(a)(iii) or for
any shorter period that the Authority considers
appropriate.
Reg. 26(4)
amended by
S.R. No.
5/1998
reg. 11(e)(i).
(4) If the notice given by the Authority under subregulation (2)(a) stated that the Authority intended
to cancel the authorisation, the Authority may
instead suspend the authorisation for any period
that the Authority considers appropriate.
Reg. 26(5)
amended by
S.R. No.
5/1998
reg. 11(e)(i).
(5) If the Authority, after undertaking any processes
referred to in sub-regulation (2), decides to
suspend or cancel an authorisation as a certificate
assessor, the Authority must give the person a
written notice advising him or her of the decision
and setting out the reasons for the decision.
(6) The suspension or cancellation of the
authorisation takes effect—
(a) 14 days after the day on which the person is
given the notice referred to in sub-regulation
(5); or
(b) on any later day specified in the notice.
Reg. 26(7)
amended by
S.R. No.
5/1998
reg. 11(e)(i).
(7) The Authority may suspend or cancel an
authorisation with respect to one or more types of
competency assessments that the certificate of
authorisation authorises.
27. Suspended or cancelled certificates of authorisation
must be returned
Reg. 27(1)
amended by
S.R. No.
5/1998
reg. 11(a).
(1) The holder of a certificate of authorisation as a
certificate assessor must return the certificate to
the Authority within 14 days of the suspension or
cancellation taking effect.
Penalty: 100 penalty units.
36
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 5—Authorisation of Certificate Assessors
r. 27
(2) If the certificate of authorisation has only been
partially suspended or cancelled, the Authority
must issue the certificate holder with a
replacement certificate setting out the types of
competency assessments that the holder is still
authorised to carry out.
(3) The holder of such a replacement certificate must
return it to the Authority within 14 days of being
reissued with the certificate of authorisation that
was subject to suspension.
_______________
37
Reg. 27(2)
amended by
S.R. No.
5/1998
reg. 11(a).
Reg. 27(3)
amended by
S.R. No.
5/1998
reg. 11(a).
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 6—Review of Decisions
r. 28
PART 6—REVIEW OF DECISIONS
28. Decisions of the Authority
Reg. 28(1)
amended by
S.R. No.
5/1998
reg. 11(a).
(1) This regulation applies to any person who may be
affected by a decision of the Authority—
(a) to refuse to grant a certificate of competency
or to give a notice of equivalent competency
(as the case may be);
(b) to wholly or partially suspend or cancel a
certificate of competency;
(c) to recommend to another statutory authority
that a certificate of competency be wholly or
partially suspended or cancelled;
(d) to refuse to replace a certificate of
competency;
(e) to refuse to authorise a person as a certificate
assessor; or
(f) to suspend or cancel a person's authorisation
as a certificate assessor.
(2) The person is entitled—
Reg. 28(2)(a)
amended by
S.R. No.
5/1998
reg. 11(a).
(a) to by heard by the Authority in relation to
that decision and to be given reasons for that
decision; and
(b) to apply to the Administrative Appeals
Tribunal for a review of that decision.
Reg. 28(3)
amended by
S.R. No.
5/1998
reg. 11(a).
(3) An application under sub-regulation (2)(b) must
be made within 14 days of the date that the person
is given written notice of the final decision of the
Authority.
38
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 6—Review of Decisions
r. 29
(4) Despite anything to the contrary in these
Regulations, if a person applies under subregulation (2)(b) for a review of a decision of the
Authority within the specified 14 day period, the
decision has no effect until—
Reg. 28(4)
amended by
S.R. No.
5/1998
reg. 11(a).
(a) the application is withdrawn by the person;
or
(b) the person is given a document setting out
the terms of the decision of the
Administrative Appeals Tribunal on the
application.
(5) Sub-regulation (2)(a) does not apply to any person
who has been given an opportunity to be heard
previously by the Authority in relation to that
decision.
Reg. 28(5)
amended by
S.R. No.
5/1998
reg. 11(a).
29. Decisions of a certificate assessor
(1) Any person who is affected by a decision of a
certificate assessor to refuse to issue a notice of
equivalent competency under regulation 11 is
entitled—
(a) to be heard by the certificate assessor in
relation to that decision and to be given
reasons for that decision; and
(b) to apply to the Authority for a review of that
decision.
Reg. 29(1)(b)
amended by
S.R. No.
5/1998
reg. 11(a).
(2) Any person applying for an assessment of
competency who is affected by an action of a
certificate assessor under regulation 12(7)(b) or
(8)(b) is entitled, in addition to the entitlements
under regulation 12(7)(b), (8)(b) and (9), to apply
to the Authority for a review of the decision that
lead to that action.
Reg. 29(2)
amended by
S.R. No.
5/1998
reg. 11(a).
39
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 6—Review of Decisions
r. 29
(3) Applications under sub-regulations (1)(b) or (2)
must be made within 14 days of the date that the
person is given written notice of the final decision
of the certificate assessor.
(4) Despite anything to the contrary in these
Regulations, if a person applies under subregulation (1)(b) or (2) for a review of a decision
of a certificate assessor within the specified
14 day period, the decision has no effect until—
(a) the application is withdrawn by the person;
or
Reg. 29(4)(b)
amended by
S.R. No.
5/1998
reg. 11(a).
(b) the person is given a document setting out
the terms of the decision of the Authority on
the application.
(5) Sub-regulation (1)(a) does not apply to any person
who has been given an opportunity to be heard
previously by the certificate assessor in relation to
that decision.
_______________
40
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 7—General
r. 30
PART 7—GENERAL
30. Holder to produce certificate
A person who holds a certificate of competency
referred to in regulation 7 must, within a
reasonable time of a request being made by an
inspector, produce the certificate to the inspector
for examination and when so required by an
inspector, provide a sample of his or her usual
signature, as soon as is reasonably possible.
Penalty: 100 penalty units.
31. Replacement of lost, stolen or destroyed certificates
(1) If a certificate of competency is lost, stolen or
destroyed, the person to whom the certificate was
issued may apply to the Authority for a
replacement certificate.
Reg. 31(1)
amended by
S.R. No.
5/1998
reg. 11(a).
(2) The application must be in the form determined
by the Authority and must be accompanied by a
fee of $23.50.
Reg. 31(2)
substituted by
S.R. No.
83/1995 reg. 7,
amended by
S.R. No.
5/1998
reg. 11(a).
(3) The Authority may issue a replacement certificate
to an applicant if the Authority is satisfied that the
applicant's certificate has been lost, stolen or
destroyed.
Reg. 31(3)
amended by
S.R. No.
5/1998
reg. 11(a).
(4) If the Authority refuses to issue a replacement
certificate to an applicant, the Authority must give
the applicant a written notice of refusal that sets
out the reasons why the Authority is not satisfied
that the applicant's certificate has been lost, stolen
or destroyed.
Reg. 31(4)
amended by
S.R. No.
5/1998
reg. 11(a).
41
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 7—General
r. 32
32. Application forms must be filled in truthfully
A person must not provide false or misleading
information—
Reg. 32(a)
amended by
S.R. No.
5/1998
reg. 11(a).
(a) in any application form submitted to the
Authority under these Regulations; or
(b) in support of any application made under
these Regulations.
Penalty: 100 penalty units.
33. Expiry date of scaffolder's certificate has no effect
The date of expiry set out on a certificate of
competency as a scaffolder has no effect if the
certificate was issued under the Scaffolding
(Certification of Scaffolders) Regulations 1992 or
the Scaffolding (Certification of Scaffolders)
Regulations 1974 and was in force immediately
before the day these Regulations came into
operation.
34. Penalties for offences by bodies corporate
If the person who contravenes a provision of these
Regulations for which a penalty is provided is a
body corporate, the person is liable to a penalty of
not more than 400 penalty units.
Reg. 35
amended by
S.R. No.
5/1998
reg. 11(a).
35. Transfer of a current certificate to a certificate of
competency under these Regulations
If the Authority is satisfied that a certificate of
competency referred to in regulation 7(4)(b) or
7(4)(c) is equivalent to a certificate of competency
under these Regulations, the Authority may issue
to the person who holds the certificate the
equivalent certificate of competency under these
Regulations, if the person—
42
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 7—General
r. 36
(a) applies to the Authority in a form determined
by the Authority; and
Reg. 35(a)
amended by
S.R. No.
5/1998
reg. 11(a).
(b) pays a fee of $37.
36. Means of giving written notice under these
Regulations
A written notice under these Regulations is to be
taken to have been given to a person if the notice
is—
(a) delivered personally to that person; or
(b) sent to that person by a method agreed by
that person; or
(c) sent by pre-paid post addressed to that
person at the place that the Authority or
certificate assessor (as the case may be) has
reasonable grounds to believe is the person's
usual place of residence or business or is the
person's last known place of residence or
business—
unless the contrary is proved.
_______________
43
Reg. 36(c)
amended by
S.R. No.
5/1998
reg. 11(a).
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 8—Transitional Provisions
r. 37
PART 8—TRANSITIONAL PROVISIONS
37. Person previously not required to have a certificate
of competency may work for 12 months without a
certificate
A person who, before the commencement of these
Regulations, was—
(a) operating a boom-type elevating work
platform; or
(b) exempted from the requirement to hold a
certificate of competency under the Lifts and
Cranes (Certification of Operators)
(Exemption) Regulations 1992—
may continue to perform the work without a
certificate of competency but—
(c) only for a period of 12 months from the day
these Regulations came into operation; and
(d) in the case of an exemption, only for so long
as the terms (if any) of that exemption
continue to be complied with.
38. Examiners previously authorised under other
legislation may conduct assessments for 12 months
A person who immediately before the day these
Regulations came into operation was authorised to
conduct examinations for certificates of
competency—
(a) on behalf of the Chief Inspector of Lifts and
Cranes under the Lifts and Cranes Act
1967; or
44
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Part 8—Transitional Provisions
r. 38
(b) on behalf of the Board of Examiners for
steam engine drivers and boiler attendants
under the Boilers and Pressure Vessels Act
1970—
may conduct assessments for the certificates of
competency specified in writing by the Minister as
being certificates that the person is authorised to
conduct assessments for, but only for a period of
12 months from the day these Regulations came
into operation.
__________________
45
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Sch. 1
SCHEDULES
SCHEDULE 1
CERTIFICATE CLASSES
Certificate Classes for Scaffolding and Rigging
1. Basic scaffolding certificate
The scope of work for this certificate is scaffolding work
associated with—
(a) prefabricated scaffolds;
(b) cantilevered hoists with a working load limit not
exceeding 500kg (materials only);
(c) ropes;
(d) gin wheels;
(e) safety nets and static lines; and
(f) bracket scaffolds (tank and formwork)—
but excludes work involving—
(g) cantilevered crane loading platforms;
(h) cantilevered and spurred scaffolds;
(i) barrow ramps and sloping platforms;
(j) scaffolding associated with perimeter safety screens
and shutters;
(k) mast climbers;
(l) tube and coupler scaffolds (including tube and coupler
covered ways and gantries);
(m) hung scaffolds, including scaffolds hanging from
tubes, wire ropes and chains; and
(n) suspended scaffolds.
2. Intermediate scaffolding certificate
The scope of work for this certificate is scaffolding work
associated with—
(a) prefabricated scaffolds;
46
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Sch. 1
(b) tube and coupler scaffolds including tube and coupler
covered ways and gantries;
(c) cantilevered hoists with a maximum working load of
500kg (materials);
(d) ropes;
(e) gin wheels;
(f) safety nets and static lines;
(g) bracket scaffolds (tank and formwork);
(h) cantilevered crane loading platforms;
(i) cantilevered and spurred scaffolds;
(j) barrow ramps and sloping platforms;
(k) scaffolding associated with perimeter safety screens
and shutters; and
(l) mast climbers—
but excludes work involving—
(m) hung scaffolds, including scaffolds hanging from
tubes, wire ropes and chains; and
(n) suspended scaffolds.
This certificate encompasses the requirements for the basic
scaffolding certificate.
3. Advanced scaffolding certificate
The scope of work for this certificate is all scaffolding,
including—
(a) prefabricated scaffolds;
(b) tube and coupler scaffolds including tube and coupler
covered ways and gantries;
(c) scaffolding associated with perimeter safety screens
and shutters;
(d) cantilevered hoists;
(e) ropes;
(f) gin wheels;
(g) safety nets and static lines;
(h) bracket scaffolds (tank and formwork);
(i) cantilevered crane loading platforms;
47
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Sch. 1
(j) cantilevered and spurred scaffolds;
(k) barrow ramps and sloping platforms;
(l) mast climbers;
(m) hung scaffolds, including scaffolds hanging from
tubes, wire ropes and chains; and
(n) suspended scaffolds.
This certificate encompasses the requirements for the
intermediate scaffolding certificate.
4. Dogging certificate
The scope of work for this certificate is the application of
slinging techniques including the selection and inspection of
lifting gear and the directing of the crane or hoist operator in
the movement of the load including when the load is out of
view of the operator.
5. Basic rigging certificate
The scope of work for this certificate is dogging and rigging
work associated with—
(a) movement of plant and equipment;
(b) steel erection;
(c) particular hoists;
(d) placement of pre-cast concrete;
(e) safety nets and static lines;
(f) mast climbers;
(g) perimeter safety screens and shutters; and
(h) cantilevered crane loading platforms—
but excludes work involving—
(i) use of load equalising gear;
(j) rigging of cranes, conveyors, dredges and excavators;
(k) tilt slabs;
(l) all hoists with jibs and self-climbing hoists;
(m) demolition;
(n) dual lifts;
(o) rigging of gin poles and shear legs;
48
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Sch. 1
(p) flying foxes and cable ways;
(q) guyed derricks and structures; and
(r) suspended scaffolds and fabricated hung scaffolds.
This certificate encompasses the requirements for the
dogging certificate.
6. Intermediate rigging certificate
The scope of work for this certificate is dogging and rigging
work associated with—
(a) movement of plant and equipment;
(b) steel erection;
(c) all hoists;
(d) placement of pre-cast concrete;
(e) safety nets and static lines;
(f) mast climbers;
(g) perimeter safety screens and shutters;
(h) cantilevered crane loading platforms;
(i) rigging of cranes, conveyors, dredges and excavators;
(j) tilt slabs;
(k) demolition; and
(l) dual lifts—
but excludes work involving—
(m) rigging of gin poles and shear legs;
(n) flying foxes and cable ways;
(o) guyed derricks and structures; and
(p) suspended scaffolds and fabricated hung scaffolds.
This certificate encompasses the requirements for the basic
rigging certificate.
7. Advanced rigging certificate
The scope of work for this certificate is dogging and all
rigging work including rigging work associated with—
(a) movement of plant and equipment;
(b) steel erection;
49
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Sch. 1
(c) all hoists;
(d) placement of pre-cast concrete;
(e) safety nets and static lines;
(f) mast climbers;
(g) perimeter safety screens and shutters;
(h) cantilevered crane loading platforms;
(i) rigging of cranes, hoists, conveyors, dredges and
excavators;
(j) tilt slabs;
(k) demolition;
(l) dual lifts;
(m) rigging of gin poles and shear legs;
(n) flying foxes and cable ways;
(o) guyed derricks and structures; and
(p) suspended scaffolds and fabricated hung scaffolds.
This certificate encompasses the requirements for the
intermediate rigging certificate.
Certificate classes for crane, hoist and fork-lift truck operation
8. Tower crane operation certificate
The scope of the work for this certificate covers the
operation of tower cranes.
9. Derrick crane operation certificate
The scope of the work for this certificate covers the
operation of derrick cranes.
10. Portal boom crane operation certificate
The scope of the work for this certificate covers the
operation of portal boom cranes.
11. Bridge and gantry crane operation certificate
The scope of the work for this certificate covers the
operation of bridge and gantry cranes.
12. Vehicle loading crane operation certificate
The scope of the work for this certificate covers the
operation of vehicle loading cranes.
50
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Sch. 1
13. Non-slewing mobile crane operation certificate
The scope of the work for this certificate covers the
operation of non-slewing mobile cranes.
14. Slewing mobile crane operation certificate (up to 20 tonnes)
The scope of the work for this certificate covers the
operation of slewing mobile cranes with a capacity of
20 tonnes or less.
This certificate encompasses the requirements for the nonslewing mobile crane certificate and the vehicle loading
crane certificate.
15. Slewing mobile crane operation certificate (up to 60 tonnes)
The scope of the work for this certificate covers the
operation of slewing mobile cranes with a capacity of
60 tonnes or less.
This certificate encompasses the requirements for the nonslewing mobile crane certificate and the vehicle loading
crane certificate.
16. Slewing mobile crane operation certificate (up to 100 tonnes)
The scope of the work for this certificate covers the
operation of slewing mobile cranes with a capacity of
100 tonnes or less.
This certificate encompasses the requirements for the nonslewing mobile crane certificate and the vehicle loading
crane certificate.
17. Slewing mobile crane operation certificate (open/over
100 tonnes)
The scope of the work for this certificate covers the
operation of slewing mobile cranes with any capacity.
This certificate encompasses the requirements for the nonslewing mobile crane certificate and the vehicle loading
crane certificate.
18. Boom-type elevating work platform operation certificate
The scope of the work for this certificate covers the
operation of boom-type elevating work platforms.
19. Materials hoist (cantilever platform) operation certificate
The scope of the work for this certificate covers the
operation of materials platform hoists.
51
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Sch. 1
20. Hoist (personnel and materials) operation certificate
The scope of the work for this certificate covers the
operation of personnel and materials hoists.
This certificate encompasses the requirements of the
materials hoist (cantilever platform) certificate.
Sch. 1 cl. 20A
inserted by
S.R. No.
104/2002
reg. 601(2).
20A. Winder operation certificate
The scope of the work for this certificate covers the
operation of winders for the lowering and raising of
personnel and materials in mines.
21. Concrete placing boom operation certificate
The scope of the work for this certificate covers the
operation of concrete placing booms.
22. Fork-lift truck operation certificate
The scope of the work for this certificate covers the
operation of fork-lift trucks.
23. Order-picking fork-lift truck operation certificate
The scope of the work for this certificate covers the
operation of order-picking fork-lift trucks.
Certificate classes for pressure equipment operation
24. Basic boiler operation certificate
The scope of the work for this certificate covers the
operation of boilers with the following features—
(a) single fixed combustion air supply; and
(b) non-modulating single heat source; and
(c) fixed firing rate.
25. Intermediate boiler operation certificate
The scope and work for this certificate covers the operation
of boilers with any or all of the following features—
(a) modulating combustion air supply;
(b) modulating heat source;
(c) superheaters;
(d) economisers.
This certificate encompasses the requirements for the basic
boiler operation certificate.
52
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Sch. 1
26. Advanced boiler operation certificate
The scope of work for this certificate covers the operation of
boilers with the same features as intermediate boiler
operation and with multiple fuel type which may be fired
simultaneously during normal operation. This does not
include boilers which change fuel type during their start
sequence.
This certificate encompasses the requirements for the
intermediate boiler operation certificate.
27. Turbine operation certificate
The scope of work for this certificate covers the operation of
turbines with any or all of the following features—
(a) attached condensers;
(b) multi-wheeled;
(c) a multi-stage heat extraction process;
(d) a speed of greater than 3600 rpm.
28. Reciprocating steam engine operation certificate
The scope of work for this certificate covers the operation of
reciprocating steam engines.
__________________
53
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Sch. 2
SCHEDULE 2
CLASSES OF PRESSURE EQUIPMENT TO WHICH
REGULATION 7 DOES NOT APPLY
1. Definitions
In this Schedule—
"AMBSC Code" means the Australian Miniature Boiler
Safety Committee Code Parts 1 or 2 published by the
Australian Miniature Boiler Safety Committee as
amended from time to time;
"AS 2593" means the Australian Standard entitled
Boilers—Unattended and limited attendance
published by the Australian Standards Association as
amended from time to time.
Sch. 2 item 2
amended by
S.R. No.
83/1995 reg. 8.
2. List of pressure equipment to which regulation 7 does not
apply
(a) Boilers having not more than 4·6 square metres of heating
surface used in dairying, agriculture, horticulture,
viticulture, apiculture or pastoral enterprises.
(b) Boilers which are hot drink dispensers having an internal
volume not larger than 0·014 cubic metres and having a heat
input of not more than 5 kilowatts and a maximum working
pressure of not more than 210 kilopascals.
(c) Steam locomotives boilers used in the undertaking of the
Public Transport Corporation.
(d) Boilers that are liquid heating units where the liquid is
intended to be heated under a pressure above atmospheric
and to a temperature not greater than 1 degree below the
normal atmospheric boiling point of the liquid.
(e) Boilers that satisfy the requirements specified in AS 2593
Boilers—Unattended and limited attendance, as having—
(i) an attendance category of unattended operation; or
(ii) an attendance category of limited attendance except to
the extent that AS 2593 Boilers—Unattended and
limited attendance, specifies that certain checks must
be undertaken by a certificated operator.
(f) Boilers known as small low hazard boilers as specified in
AS 2593.
54
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Sch. 2
(g) Boilers of the Hobby Miniature Locomotive type
manufactured from copper having an internal volume not
larger than 25 litres and a maximum working pressure not
greater than 700 kPa provided that—
(i) during the construction of the locomotive the boiler
has been inspected in the manner described in the
AMBSC Code (appropriate to the material of
construction) by a person registered with the
Australian Miniature Boiler Safety Committee; and
(ii) the locomotive containing the boiler is not in the
charge of a person under the age of 18 years when
that locomotive is being operated in a public place.
(h) Boilers of the Hobby Miniature Locomotive type
manufactured from steel having an internal volume not
larger than 50 litres and a maximum working pressure not
greater than 700 kPa provided that—
(i) during the construction of the locomotive the boiler
has been inspected in the manner described in the
AMBSC Code (appropriate to the material of
construction) by a person registered with the
Australian Miniature Boiler Safety Committee; and
(ii) the locomotive containing the boiler is not in the
charge of a person under the age of 18 years when
that locomotive is being operated in a public place.
═══════════════
55
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Endnotes
ENDNOTES
1. General Information
The Occupational Health and Safety (Certification of Plant Users and
Operators) Regulations 1994, S.R. No. 108/1994, were made on 26 July 1994
by the Governor in Council under section 59 of the Occupational Health
and Safety Act 1985, No. 10190/1985 and came into operation on 1 July
1995: regulation 3 (as amended by S.R. No. 83/1995 regulation 5).
The Occupational Health and Safety (Certification of Plant Users and
Operators) Regulations 1994 will sunset 10 years after the day of making on
26 July 2004 (see section 5 of the Subordinate Legislation Act 1994).
56
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Occupational Health and
Safety (Certification of Plant Users and Operators) Regulations 1994 by
statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Occupational Health and Safety (Certification of Plant Users and Operators)
(Miscellaneous Amendments) Regulations 1995, S.R. No. 83/1995
Date of Making:
27.6.95
Date of Commencement:
30.6.95: reg. 3
Occupational Health and Safety (General Amendment) Regulations 1998,
S.R. No. 5/1998
Date of Making:
20.1.98
Date of Commencement:
20.1.98
Occupational Health and Safety (Mines) Regulations 2002, S.R. No. 104/2002
Date of Making:
22.10.02
Date of Commencement:
28.10.02: reg. 103
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
57
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Endnotes
3. Explanatory Details
1
Reg. 4(a): S.R. No. 200/1992.
2
Reg. 4(b): S.R. No. 201/1992.
3
Reg. 4(c): S.R. No. 167/1993.
4
Reg. 4(d): S.R. No. 39/1994.
5
Reg. 4(e): S.R. No. 368/1988.
6
Reg. 5(a): S.R. No. 198/1992.
7
Reg. 5(b): S.R. No. 170/1993.
8
Reg. 5(c): S.R. No. 41/1994.
9
Reg. 6 def. of "forest produce": At the date of this publication the definition
of "forest produce" contained in section 3 of the Forests Act 1958,
No. 6254/1958 reads as follows:
3. Definitions
"forest produce" where used in reference to or in
connexion with or as to anything in any
reserved forest includes the following things
namely: Stone gravel limestone lime salt
sand loam clay brick earth trees timber
branchwood firewood chips sawdust plants
grass creepers fibres leaves blossom flowers
ferns grass-trees fruit seeds roots bark bulbs
galls gum kino resin sap charcoal honey or
beeswax or oil distilled from any species of
eucalyptus or from any other tree or plant but
does not include any gold or silver or metal
or mineral.
——
58
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Table/s of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included
in S.R. No. 108/1994 in accordance with the requirements of regulation 6 of
the Subordinate Legislation Regulations 1994.
Table of Applied, Adopted or Incorporated matter
Document applied, adopted or incorporated
Provision to
which matter
relates
National Occupational Health and Safety Certification
Standard for Users and Operators of Industrial
Equipment
regulation 6
National Guidelines for Occupational Health and
Safety Competency Standards for the Operation of
Loadshifting Equipment and Other Types of Specified
Equipment
regulation 6
Australian Miniature Boiler Safety Committee Code
Parts 1 and 2
Schedule 2
(regulation 8(5))
AS 2593—Australian Standard entitled "Boilers—
Unattended and limited attendance".
Schedule 2
(regulation 8(5))
——
59
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994
S.R. No. 108/1994
Table of Applied, Adopted or Incorporated matter
The following table of applied, adopted or incorporated matter was included
in S.R. No. 83/1995 in accordance with the requirements of regulation 6 of
the Subordinate Legislation Regulations 1994.
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 8
AS 2593 Boilers—Unattended
and limited attendance
Those
provisions
which define the
attendance
categories of
'unattended
operation' and
'limited
attendance'.
60
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