Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 225

  (1)   This regulation 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 4 metres.

  (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.

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.

  (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.

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.

  (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.

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.

  (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.

Penalty:

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

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

Example:   Danger tags and other warning signs.

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.