Who needs a high risk work licence on a construction site?
A high risk work licence is what a worker must hold before doing a class of high risk work. The contractor's side of it is to see written evidence of the licence before letting the worker start. High risk construction work is a separate list: it is what triggers a SWMS.
The licence duties, state by state
The library holds the licence duties for Queensland and New South Wales. For Victoria, Western Australia, South Australia, Tasmania, Australian Capital Territory, Northern Territory and New Zealand it holds none, and the table says so.
| State | Hold the licence | See the evidence |
|---|---|---|
| Queensland | Hold the current licence, ticket or assessed competency that the plant or the task requires before operating its 81 | Keep the licence or competency assessment current and available to show on request, including renewal before it expiress 85 |
| New South Wales | Hold the current licence, ticket or assessed competency that the plant or the task requires before operating its 81 | Keep the licence or competency assessment current and available to show on request, including renewal before it expiress 85 |
| Victoria | not held in the library | |
| Western Australia | not held in the library | |
| South Australia | not held in the library | |
| Tasmania | not held in the library | |
| Australian Capital Territory | not held in the library | |
| Northern Territory | not held in the library | |
| New Zealand | ||
| New Zealand | not held in the library | |
What the sections say
The rows above use the library's short form of each duty. The library's notes give the sections in fuller words:
- QueenslandSection 81 says a person must not carry out a class of high risk work unless they hold a high risk work licence for that class, except as section 82 provides (training under a licensed supervisor; a certification holder for 60 days while applying).
- New South WalesSection 81 says a person must not carry out a class of high risk work unless they hold a high risk work licence for that class, except as section 82 provides.
- QueenslandSection 85 requires a person conducting a business or undertaking to see, and keep, written evidence that a worker holds the relevant high risk work licence before directing or allowing them to carry out or supervise high risk work.
- New South WalesSection 85 says a person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work for which a licence is required unless they see written evidence from the worker that the worker holds the relevant licence.
High risk construction work
A different list from the licence classes. Work on it needs a safe work method statement before it starts. As the library records the list for each state:
- QueenslandHigh risk construction work is the 18 kinds of construction work r 291 lists, among them a risk of a person falling more than 2m, a shaft or trench deeper than 1.5m, a tunnel, work on or next to a road or railway in use by traffic, and an area where powered mobile plant moves.
- New South Wales and South AustraliaHigh risk construction work is the 18 kinds of construction work provision 291 lists, among them a risk of a person falling more than 2m, a shaft or trench deeper than 1.5m, a tunnel, work on or next to a road or railway in use by traffic, and an area where powered mobile plant moves.
- VictoriaHigh risk construction work is the 19 kinds r 322 lists, among them a risk of a person falling more than 2 metres, any demolition, a trench or shaft deeper than 1.5 metres, a tunnel, work on or adjacent to roadways or railways used by traffic, and a workplace where powered mobile plant moves.
- Australian Capital TerritoryHigh risk construction work is the 19 kinds of construction work r 291 lists: the model's 18 (among them a risk of a person falling more than 2m, a shaft or trench deeper than 1.5m, a tunnel, work on or next to a road or railway, including light rail, in use by traffic, and an area where powered mobile plant moves) plus processing crystalline silica material with a power tool or another mechanical method (r 291(1)(s)).
What this page is, and is not
It is the section text this library holds for each state's WHS law, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Act, the Regulation and the contract you signed.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.