Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person conducting a business or undertaking, who proposes to excavate a trench at least 1 * 5 metres deep must ensure, so far as is reasonably practicable, that the work area is secured from unauthorised access (including inadvertent entry).
(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) In complying with subregulation (1), the person must have regard to all relevant matters, including:
(a) risks to health and safety arising from unauthorised access to the work area; and
(b) the likelihood of unauthorised access occurring.
(3) In addition, the person must minimise the risk to any person arising from the collapse of the trench by ensuring that all sides of the trench are adequately supported by doing one or more of the following:
(a) shoring by shielding or other comparable means;
(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) Subregulation (3) does not apply if the person receives written advice from a geotechnical engineer that all sides of the trench are safe from collapse.
(5) An advice under subregulation (4):
(a) may be subject to a condition that specified natural occurrences may create a risk of collapse; and
(b) must state the period of time to which the advice applies.