Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 166

  (1)   A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (2)   If it is not reasonably practicable to ensure the safe distance of a person, plant or thing from an overhead or underground electric line, the person conducting the business or undertaking at the workplace must ensure that:

  (a)   a risk assessment is conducted in relation to the proposed work; and

  (b)   control measures implemented are consistent with:

  (i)   the risk assessment; and

  (ii)   if an electricity supply authority is responsible for the electric line, any requirements of the authority.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note 1:   Relevant electricity safety legislation of the State will also apply to the person conducting the business or undertaking.

Note 2:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.