New high-risk work regulations

The Occupational Health and Safety (Safety Standards) Amendment Regulations 2008 (No. 1), which commenced on 9 October 2008, updates Part 2 of the Occupational Health and Safety (Safety Standards) Regulations 1994 to implement the ‘National Standard for Licensing Persons Performing High Risk Work’ by:

• updating terminology to refer to licensing instead of certification
• updating the occupations referred to as ‘high risk work’
• recognising state and territory licences issued to perform high-risk work
• imposing a specific duty on employers not to permit a person to undertake high-risk work in the absence of appropriate licences
• imposing a duty on employers to provide an employee or contractor with training, instruction and information on the equipment operation, hazards, risks and control measures
• imposing specific duties on employers with regard to the employees undertaking high-risk work while undergoing training
• enabling Comcare to make a recommendation to a state or territory authority for the cancellation of a licence to perform high-risk work

The regulations also clarify that certain state and territory occupational health and safety laws relating to licensing high-risk work are preserved to ensure that state and territory licences and certificates to perform high-risk work are recognised under the Occupational Health and Safety Act 1991 and Regulations.