Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 241

  (1)   The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that a detailed inspection of the device or ropeway is carried out at least once every 12 months by a competent person.

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)   An annual inspection must include the following:

  (a)   a check of information about the operational history of the amusement device or passenger ropeway since the last detailed inspection;

  (b)   a check of the log book for the amusement device or passenger ropeway;

  (c)   a check that maintenance and inspections of the amusement device or passenger ropeway have been undertaken under regulation   240;

  (d)   a check that any required tests have been carried out, and that appropriate records have been maintained;

  (e)   a detailed inspection of the amusement device or passenger ropeway to ensure compliance with the Act and these Regulations (including a specific inspection of the critical components of the amusement device or passenger ropeway).

  (3)   The regulator may extend the date for an inspection by up to 35 days if an inspection is scheduled to coincide with the same event each year.

  (4)   If the date is extended under subregulation   (3), the new date is the date from which future annual inspections of the amusement device or passenger ropeway are determined.

  (5)   In this regulation, a competent person is a person who:

  (a)   in the case of an inflatable device (continuously blown) with a platform height less than 9 metres--has acquired through training, qualification or experience the knowledge and skills to inspect the device; or

  (b)   in the case of any other amusement device or a passenger ropeway:

  (i)   has acquired through training, qualification or experience the knowledge and skills to inspect the plant; and

  (ii)   is registered under a law that provides for the registration of professional engineers; or

  (c)   in the case of any amusement device or passenger ropeway--is determined by the regulator to be a competent person.

  (6)   The regulator may, on the application of a person, make a determination in relation to the person for the purposes of paragraph   (5)(c) if the regulator considers that exceptional circumstances exist.

  (7)   An annual inspection carried out under and in accordance with an equivalent provision of a corresponding WHS law is taken to be an annual inspection for the purposes of this regulation.