Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 225

    (1)     This section applies in relation to—

        (a)     a suspended scaffold; and

        (b)     a cantilevered scaffold; and

        (c)     a spur scaffold; and

        (d)     a hung scaffold; and

        (e)     any other scaffold from which a person or thing could fall more than 4m.

    (2)     The person with management or control of a scaffold at a workplace must ensure that the scaffold is not used unless the person receives written confirmation from a competent person, who has inspected the scaffold, that construction of the scaffold has been completed.

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

        (b)     in the case of a body corporate—$30 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (3)     The person with management or control of a scaffold at a workplace must ensure that the scaffold and its supporting structure are inspected by a competent person—

        (a)     before use of the scaffold is resumed after an incident occurs that may reasonably be expected to affect the stability of the scaffold; and

        (b)     before use of the scaffold is resumed after repairs; and

        (c)     at least every 30 days.

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

        (b)     in the case of a body corporate—$30 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (4)     If an inspection indicates that a scaffold at a workplace or its supporting structure creates a risk to health or safety, the person with management or control of the scaffold must ensure that—

        (a)     any necessary repairs, alterations and additions are made or carried out; and

        (b)     the scaffold and its supporting structure are inspected again by a competent person before use of the scaffold is resumed.

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

        (b)     in the case of a body corporate—$30 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (5)     The person with management or control of a scaffold at a workplace must ensure that unauthorised access to the scaffold is prevented while the scaffold is incomplete or unattended.

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

        (b)     in the case of a body corporate—$30 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).