c
Australian Capital Territory
Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000     No 48
made under the
Occupational Health and Safety Act 1989
Republication No 1
Republication date: 12 September 2001
Last amendment made by Act  2001 No 44
Amendments incorporated to 12 September 2001

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000, made under the Occupational Health and Safety Act 1989 as in force on 12 September 2001.  It includes any amendment, repeal or expiry affecting the republished law to 12 September 2001 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 September 2001

c
Australian Capital Territory
Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000
made under the
Occupational Health and Safety Act 1989
Contents
	Page
Part 1	Preliminary
	1	Name of regulations	2
	3	Dictionary	2
Part 2	Certificates of competency
Division 2.1	Assessment of competency
	4	Application for assessment to do scheduled work	3
	5	Assessment of competency	3
	6	Competency	3
	7	Issue of notice of satisfactory assessment	5
	8	Assessor not a public employee	5
	9	Duration of assessment notice	5
	10	Guidelines	5
Division 2.2	Certificates of competency
	11	Applications for certificates of competency or variations	6
	12	Issue of certificates of competency	6
	13	Certificate of competency—conditions	7
	14	Endorsements on certificates of competency	7
	15	Duration of certificate of competency	7
Division 2.3	Trainees
	16	Definition of supervisor for div 2.3	8
	17	Supervisors’ obligations	8
	18	Trainees’ obligations	8
Part 3	Accreditation of assessors
	19	Assessors	10
	20	Accreditation of assessors	10
	21	Issue of certificates of accreditation	10
	22	Certificate of accreditation—conditions	11
	23	Endorsements on certificates of accreditation	11
	24	Duration of certificate of accreditation	11
Part 4	Enforcement
Division 4.1	Offences
	25	Doing work without a certificate of competency	12
	26	Breach of conditions of certificate of competency	12
Division 4.2	Suspension and cancellation of certificates and endorsements
	27	Suspension or cancellation	13
	28	Immediate suspension	15
Part 5	Review of decisions
	29	Notice of decisions	17
	30	Review of decisions	17
Part 6	Miscellaneous
	31	Further information—applications	19
	32	Exemptions	19
	33	Production of certificates etc on request	20
	34	Lost, stolen etc certificates	20
	35	Applications—false or misleading information	21
Part 7	Transitional
	37	Existing certificates	22
	38	Certain work may be done without a certificate	22
	39	Expiry of pt 7	23
Schedule 1	Scheduled work	24
Part 1	Definitions for schedule	24
	1	Boilers	24
	2	Bridge crane	24
	3	Gantry crane	25
	4	Hoist	25
	5	Materials hoist	25
	6	Personnel and materials hoist	25
	7	Backhoe	26
	8	Boom-type elevating work platform	26
	9	Derrick crane	26
	10	Direct-fired process heater	26
	11	Dragline	27
	12	Excavator	27
	13	Forklift truck	27
	14	Front-end loader	27
	15	Load shifting machine	27
	16	Mobile crane	28
	17	Non-slewing mobile crane	28
	18	Order-picking forklift truck	28
	19	Portal boom crane	28
	20	Reciprocating steam engine	28
	21	Rigging	28
	22	Scaffold and scaffolding	29
	23	Stabilisers	29
	24	Tower crane	29
	25	Turbine	29
	26	Vehicle loading crane	29
Part 2	 Work for which qualifications required	30
	1	Scaffolding	30
	2	Dogging	31
	3	Rigging	32
	4	Cranes	33
	5	Hoists	34
	6	Truck-mounted concrete-placing booms	34
	7	Boilers	34
	8	Steam turbines	35
	9	Reciprocating steam engines	35
	10	Loadshifting machines	35
Schedule 2	Corresponding laws	37
Dictionary		38
Endnotes
	1	About the endnotes	42
	2	Abbreviation key	42
	3	Legislation history	43
	4	Amendment history	43

Amendments incorporated to
12 September 2001

c
Australian Capital Territory
Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000     

made under the
Occupational Health and Safety Act 1989

    

  

Part 1	Preliminary
    
1	Name of regulations
	These regulations are the Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000.
3	Dictionary
	The dictionary at the end of these regulations is part of these regulations.
Note 1	The dictionary at the end of these regulations defines certain words and expressions used in these regulations, and includes references (signpost definitions) to other words and expressions defined elsewhere in these regulations.
	For example, the signpost definition ‘backhoe, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 7’ means that the expression ‘backhoe’ is defined in that clause for that schedule.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulations unless the definition, or another provision of the regulations, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156).

Part 2	Certificates of competency 
Division 2.1	Assessment of competency
4	Application for assessment to do scheduled work
An application for assessment to do scheduled work must be given to an assessor.
Note 	A fee may be determined under the Act, s 96A (Determination of fees) for this regulation.
5	Assessment of competency
	(1)	On receiving an application, an assessor must conduct an assessment of the applicant’s competency to do the kind of scheduled work applied for.
	(2)	An assessor must conduct an assessment in accordance with the guidelines.
Maximum penalty:  10 penalty units.
	(3)	In this regulation:
guidelines means the guidelines under regulation 10 (Guidelines).
6	Competency
	(1)	An assessor must certify a person as competent to do scheduled work to which an application relates if satisfied that—
	(a)	for work that does not involve the operation or use of a loadshifting machine—the applicant’s competency is equal to or better than—
	(i)	the standard of competency stated in schedule A, B or C of the national certification standard for the work; or
	(ii)	a standard of competency declared by the commissioner to be equal to that standard; or
	(b)	for work that involves the operation or use of a loadshifting machine—the applicant’s competency is equal to or better than—
	(i)	the standard of competency stated in the national competency guidelines for the work; or
	(ii)	a standard of competency declared by the commissioner to be equal to that standard.
	(2)	In deciding whether an applicant is competent to do scheduled work, an assessor may have regard to the following:
	(a)	the applicant’s qualifications and experience;
	(b)	the applicant’s competency in tests or examinations conducted by the assessor in accordance with the guidelines;
	(c)	the outcome of previous assessments.
	(3)	Unless regulation 8 applies, an assessor may only assess an applicant’s competency to do a kind of scheduled work if the applicant has not been assessed for the same kind of work within the previous 21 days.
	(4)	In this regulation:
national certification standard means the ‘National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment’ published in January 1995 by the National Occupational Health and Safety Commission.
national competency guidelines means the ‘National Guidelines for Occupational Health and Safety Competency Standards for the Operation of Loadshifting Equipment and Other Types of Specified Equipment’ published in 1992 by WorkSafe Australia.
7	Issue of notice of satisfactory assessment
	If an assessor is satisfied that an applicant is competent to do scheduled work, or scheduled work of a particular kind, the assessor must issue the applicant with a notice of satisfactory assessment for the scheduled work or scheduled work of that kind.
8	Assessor not a public employee
	If an assessor, who is not a public employee, makes a decision to refuse to issue a notice of satisfactory assessment to a person, the assessor must give the person written notice of the decision informing the person that he or she may apply to an assessor, who is a public employee, for another assessment.
9	Duration of assessment notice
	A notice of satisfactory assessment is in force—
	(a)	for 60 days beginning on the day the notice is issued; or
	(b)	if the holder of the notice has applied for a certificate of competency or a variation of a certificate of competency under regulation 11—until the applicant receives notice of a decision to issue or vary the certificate.
10	Guidelines
	(1)	The commissioner may issue or approve guidelines for the conduct of assessments.
	(2)	The guidelines may—
	(a)	state techniques for observing applicants doing particular kinds of scheduled work; and
	(b)	set simulated tasks for assessing scheduled work of a particular kind; and
	(c)	set out check lists for assessing performance of scheduled work; and
	(d)	set out ways of assessing applicants.
Division 2.2	Certificates of competency
11	Applications for certificates of competency or variations
	(1)	A person who holds a notice of satisfactory assessment may apply to the commissioner—
	(a)	for a certificate of competency authorising the person to do the kind of work to which the notice relates; or
	(b)	if the person holds a certificate of competency—to vary the certificate by endorsing the certificate with the kind of work applied for.
	(2)	The application must be accompanied by the notice of satisfactory assessment.
Note 	A fee may be determined under the Act, s 96A (Determination of fees) for this regulation.
12	Issue of certificates of competency
	(1)	On receiving an application under regulation 11 (Applications for certificates of competency or variations), the commissioner must—
	(a)	issue a certificate of competency to the applicant with an endorsement authorising the holder to do the kind of scheduled work to which the notice relates; or
	(b)	vary a certificate by issuing a new certificate with another endorsement for the kind of scheduled work applied for (the new certificate); or
	(c)	refuse to issue, or to vary, a certificate of competency.
	(2)	The commissioner may refuse to issue or to vary a certificate—
	(a)	if a certificate, qualification or exemption held by the applicant under a corresponding law has been suspended or cancelled within the previous 5 years; or
	(b)	if the commissioner reasonably believes that to issue or vary the certificate would endanger the health or safety of the applicant or someone else.
	(3)	If the commissioner varies a certificate, the holder of the certificate must surrender the previous certificate within 14 days after the new certificate is given to the holder.
Maximum penalty (subregulation (3)):  5 penalty units
13	Certificate of competency—conditions
	A certificate of competency is subject to any conditions stated in the certificate.
14	Endorsements on certificates of competency
	(1)	A certificate of competency must, by a written description, code or symbol, contain an endorsement for each kind of scheduled work the holder is authorised to do.
	(2)	A code or symbol authorises the holder to do only the kind of scheduled work to which the code or symbol related on the day the certificate was issued, despite any change in the meaning of the code or symbol after that day.
15	Duration of certificate of competency
	(1)	A certificate of competency is in force until surrendered or cancelled.
	(2)	However, a certificate is not in force when it is suspended.
Division 2.3	Trainees
16	Definition of supervisor for div 2.3
	In this division:
supervisor, for a trainee doing scheduled work, means a person who holds a certificate of competency for work of the kind being done for the supervisor or the supervisor’s employer by the trainee.
17	Supervisors’ obligations
	(1)	A supervisor for a trainee must supervise the trainee doing scheduled work.
Maximum penalty:  10 penalty units.
	(2)	A supervisor for a trainee must sign the trainee’s record each day the trainee does scheduled work under the supervisor’s supervision.
Maximum penalty:  5 penalty units.
	(3)	A supervisor for a trainee must try to ensure that the trainee—
	(a)	receives directions, demonstrations, training and supervision appropriate to the trainee’s level of competence for the work being done by the trainee; and
	(b)	does scheduled work safely.
18	Trainees’ obligations
	(1)	A trainee must keep a written record of each day the trainee does scheduled work.
Maximum penalty:  5 penalty units.
	(2)	The record must set out—
	(a)	the name and address of the trainee; and
	(b)	the date the work was done; and
	(c)	the name and address of the employer for whom the trainee does the work; and
	(d)	the name and certificate of competency number of the trainee’s supervisor; and
	(e)	a short description of the work done.

Part 3	Accreditation of assessors
    
19	Assessors
	The commissioner may accredit a person as an assessor.
20	Accreditation of assessors
	(1)	A person may apply to the commissioner—
	(a)	for accreditation as an assessor; or
	(b)	if the person is an assessor—to vary the certificate by endorsing it with the kind of assessments applied for.
	(2)	An application to vary a certificate of accreditation must be accompanied by the certificate.
Note	A fee may be determined under the Act, s 96A (Determination of fees) for this regulation.
21	Issue of certificates of accreditation
	(1)	On receiving an application under regulation 20, the commissioner must—
	(a)	issue a certificate of accreditation to the applicant stating the kinds of assessment that may be done under the certificate; or
	(b)	vary the certificate by issuing a new certificate with another endorsement accrediting the applicant to perform the kind of assessment applied for (the new certificate); or
	(c)	refuse to accredit, or to vary the accreditation of, the applicant as an assessor.
	(2)	The commissioner may refuse to issue a certificate of accreditation, or vary the accreditation of a person as an assessor, if satisfied that the applicant is not competent to be an assessor or to do the kind of assessments applied for.
	(3)	If the commissioner varies a certificate, the holder of the certificate must surrender the previous certificate within 14 days after the new certificate is given to the holder.
Maximum penalty (subregulation (3)):  5 penalty units.
22	Certificate of accreditation—conditions
	A certificate of accreditation is subject to any conditions stated in the certificate.
23	Endorsements on certificates of accreditation
	A certificate of accreditation must be endorsed with a statement of the kinds of assessments the assessor is authorised to do.
24	Duration of certificate of accreditation
	(1)	A certificate of accreditation is in force for a period of not longer than 3 years unless sooner surrendered or cancelled.
	(2)	However, a certificate is not in force when it is suspended.

Part 4	Enforcement
Division 4.1	Offences
25	Doing work without a certificate of competency
	(1)	A person must not do scheduled work unless the person holds a certificate of competency for the work.
Maximum penalty:  10 penalty units.
	(2)	Subregulation (1) does not apply—
	(a)	to a trainee, if the work is done by the trainee in accordance with division 2.3 (Trainees); or
	(b)	to a person (other than a person doing scaffolding, dogging or rigging work) who—
	(i)	is testing, trialing, installing, commissioning, maintaining, servicing, repairing, altering or disposing of plant; or
	(ii)	is operating or using plant for a purpose other than to perform scheduled work; or
	(c)	to a person installing or dismantling a crane or hoist, if the work consists of positioning integral outriggers or stabilisers.
26	Breach of conditions of certificate of competency
	The holder of a certificate of competency must comply with the conditions to which the certificate is subject.
Maximum penalty:  10 penalty units.
Note	The effect of the Crimes Act 1900, s 345 is that a person who aids, abets, counsels or procures, or by act or omission is in any way directly or indirectly knowingly concerned in, or party to, the commission of an offence is deemed to have committed the offence.  For example, an employer who aided or abetted or counselled or procured an employee to do scheduled work without a certificate of competency (reg 25) or contrary to the conditions of a certificate of competency (reg 26) would also commit the offence.
Division 4.2	Suspension and cancellation of certificates and endorsements
27	Suspension or cancellation
	(1)	The commissioner may suspend or cancel a certificate of competency or an endorsement, if satisfied that—
	(a)	the holder of the certificate—
	(i)	is not competent to do a kind of work endorsed on the certificate; or
	(ii)	can no longer be relied on to do a kind of work endorsed on the certificate without endangering the health or safety of the holder or someone else; or
	(iii)	has contravened these regulations; or
	(b)	the certificate was obtained on the basis of false or misleading information or a failure to give required information.
	(2)	The commissioner may suspend or cancel a certificate of accreditation or an endorsement—
	(a)	if satisfied that—
	(i)	the assessor is not competent to perform an assessment; or
	(ii)	the assessor’s accreditation was obtained on the basis of false or misleading information or a failure to give required information; or
	(b)	if the assessor has been convicted or found guilty of an offence against the Act or a corresponding law; or
Note	A reference to an Act or law includes a reference to the statutory instruments made or in force under the Act or law, including regulations (see Legislation Act 2001, s 104).
	(c)	if the assessor has assessed the competency of a person—
	(i)	otherwise than in accordance with the guidelines issued by the commissioner in relation to the conduct of assessments; or
	(ii)	if an assessor has performed an assessment under a corresponding law—otherwise than as required by that law or any guidelines in force under that law.
	(3)	Before suspending or cancelling a certificate or an endorsement, the commissioner must by written notice given to the holder, tell the holder—
	(a)	of the proposed suspension or cancellation; and
	(b)	that the holder may, within 14 days after the notice of the suspension or cancellation is given, give reasons why the certificate or an endorsement on the certificate should not be suspended or cancelled.
	(4)	The commissioner may, after having regard to any representations made by the holder, by written notice given to the holder—
	(a)	suspend the certificate for a stated period; or
	(b)	cancel the certificate; or
	(c)	suspend an endorsement on the certificate; or
	(d)	cancel an endorsement on the certificate.
	(5)	A suspension or cancellation takes effect on the day when notice of the suspension or cancellation is received by the person holding the certificate or, if the notice states a later day of effect, that day.
	(6)	If the commissioner suspends a certificate, or an endorsement on a certificate, the commissioner may require the holder to surrender the certificate within 14 days after notice of the suspension is given.
	(7)	The commissioner must return a certificate surrendered under subregulation (6) at the end of the suspension if the certificate has not been further suspended or cancelled.
	(8)	If the commissioner cancels an endorsement on a certificate, the commissioner must issue a new certificate to the holder.
	(9)	The holder of a certificate must—
	(a)	if the certificate is cancelled—surrender the certificate to the commissioner within 14 days after the holder receives notice of the cancellation; or
	(b)	if an endorsement on a certificate is cancelled—surrender the previous certificate within 14 days after the new certificate is received by the holder.
Maximum penalty (subregulation (9)):  5 penalty units.
28	Immediate suspension
	(1)	The commissioner may suspend a certificate or an endorsement immediately if the commissioner believes—
	(a)	a ground exists to suspend or cancel the certificate; and
	(b)			the health or safety of the holder or someone else may be endangered if the commissioner does not do so.
	(2)	The suspension—
	(a)	must be effected by written notice (a suspension notice) given to the licensee; and
	(b)	operates immediately the suspension notice is given; and
	(c)	continues to operate until the notice under subregulation (4) is finally dealt with.
	(3)	The commissioner may suspend a certificate or an endorsement for a term not longer than 28 days beginning on the day after the suspension notice is received by the holder of the certificate.
	(4)	A suspension notice must—
	(a)	state the term of the suspension; and
	(b)	tell the holder that the holder may make representations to the commissioner why the suspension should be cancelled.
	(5)	If, after considering any representations made by the holder of the certificate, the commissioner is satisfied that the suspension should be cancelled, the commissioner must, by written notice given to the holder, cancel the suspension.

Part 5	Review of decisions
    
29	Notice of decisions
	(1)	If the commissioner makes a decision—
	(a)	to refuse to issue a certificate of competency or add an endorsement to a certificate; or
	(b)	to place conditions on a certificate of competency; or
	(c)	to suspend or cancel a certificate of competency or an endorsement; or
	(d)	to refuse to accredit a person as an assessor or add an endorsement to a certificate of accreditation; or
	(e)	to place conditions on a certificate of accreditation; or
	(f)	to immediately suspend a certificate of accreditation or an endorsement; or
	(g)	to suspend or cancel a person’s certificate of accreditation or an endorsement; or
	(h)	to refuse to give an exemption;
the commissioner must give written notice of the decision and the reasons for the decision to the person affected by the decision.
	(2)	If an assessor who is a public employee makes a decision to refuse to issue a notice of satisfactory assessment, the commissioner must give written notice of the decision and the reasons for the decision to the person affected by the decision.
30	Review of decisions
	(1)	A person may apply to the administrative appeals tribunal for a review of a decision mentioned in regulation 29.
	(2)	An application for review must be made within 14 days after the notice of the decision is given to the person affected by the decision.
	(3)	The decision of the administrative appeals tribunal on an application under this regulation has effect as if it were a decision by the commissioner, or the assessor.

Part 6	Miscellaneous
    
31	Further information—applications
	The commissioner or an assessor may, by written notice, require a person who made an application under these regulations to give the commissioner or the assessor further information, either orally or in writing, relating to the application.
32	Exemptions
	(1)	The commissioner may, whether on application by a person or otherwise, by written notice, exempt a person or class of persons from the operation of any of the provisions of these regulations.
	(2)	The commissioner may—
	(a)	issue an exemption; or
	(b)	refuse to issue an exemption.
	(3)	An exemption is subject to any conditions stated in the notice of exemption.
	(4)	An exemption, variation or revocation of an exemption, takes effect—
	(a)	if the exemption, variation or revocation is given on application—
	(i)	on the day when notice of the exemption, variation or revocation is received by the applicant or holder of the exemption; or
	(ii)	if the notice states a later day of effect—that day; or
	(b)	in any other case—
	(i)	on the day notice of the exemption, variation or revocation is given by the commissioner to the person; or
	(ii)	if the notice states a later day of effect—that day.
33	Production of certificates etc on request
	A person doing scheduled work must, when requested by the commissioner or an inspector, produce—
	(a)	a certificate of competency, or exemption, for the work; and
	(b)	if the person is a trainee—the trainee’s record of training under regulation 18 (Trainees’ obligations); and
	(c)	a sample of the person’s usual signature.
Maximum penalty:  5 penalty units.
34	Lost, stolen etc certificates
	(1)	If the commissioner is satisfied that a certificate of competency or certificate of accreditation is lost, stolen, damaged or destroyed the commissioner must issue a replacement certificate.
	(2)	On receiving an application for a replacement certificate, the commissioner may—
	(a)	issue a replacement certificate; or
	(b)	by written notice given to the holder, refuse to issue a replacement certificate.
	(3)	If a certificate is replaced because it is lost or damaged, the holder of the certificate must—
	(a)	surrender the original certificate if it is found; or
	(b)	surrender the damaged certificate.
Maximum penalty (subregulation (3)):  5 penalty units.
35	Applications—false or misleading information
	A person must not give information that is false or misleading in a material particular in, or in support of, an application made by a person under these regulations.
Maximum penalty:  10 penalty units.

Part 7	Transitional
37	Existing certificates
	(1)	This regulation applies to—
	(a)	a certificate of competency issued under the Scaffolding and Lifts Regulations 1950, regulation 159; or
	(b)	a boiler attendant’s certificate issued under the Boilers and Pressure Vessels Regulations, part 4.
	(2)	A person who holds a certificate to which this regulation applies that was in force immediately before the commencement of these regulations is, after that commencement, taken to have been issued a certificate under regulation 12 (Issue of certificates of competency).
38	Certain work may be done without a certificate
	(1)	This regulation applies to a person who, before the commencement of these regulations—
	(a)	operated a boom-type elevating work platform or a concrete placing boom; or
	(b)	erected, altered or dismantled mobile scaffold, in circumstances in which a person or object could fall 3m or more from the scaffold.
	(2)	A person may, for 1 year after the commencement of these regulations, do work of a kind to which this regulation applies without a certificate of competency.
	(3)	In this regulation:
concrete placing boom means powered mobile truck-mounted plant incorporating a knuckle boom that is capable of power-operated slewing and luffing to distribute concrete by pumping the concrete through a pipeline attached to, or forming part of, the boom of the plant.
39	Expiry of pt 7
	This part expires 1 year after it commences.

Schedule 1	Scheduled work 
(see reg 3)

Part 1	Definitions for schedule
1	Boilers
	(1)	A boiler is a vessel or arrangement of vessels and interconnecting parts, where steam or other liquid is heated at a pressure above atmospheric pressure by fire, the products of combustion, electrical power or other similar method.
	(2)	A boiler includes the valves, gauges, controls, boiler setting and any directly associated equipment, up to and including the first connection point after the first valve or valve assembly.
	(3)	A boiler does not include—
	(a)	a fully flooded or pressurised system where water or other liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid; or
	(b)	any vessel designed to operate deprived of all liquid or vapour that is intended to be heated without affecting the structure or operation of the vessel; or
	(c)	a direct-fired process heater.
2	Bridge crane
	(1)	A bridge crane is capable of travelling along elevated runways and consists of—
	(a)	1 or more bridge beams mounted at each end to an end carriage; and
	(b)	1 or more hoisting mechanisms that can travel across the bridge beams. 
	(2)	A bridge crane does not include a crane that has 3 or less powered operations and that is remote-controlled.
3	Gantry crane
	(1)	A gantry crane consists of 1 or more bridge beams, supported at each end by legs, towers or columns mounted on end carriages, capable of travelling on runways, supporting surfaces or deck levels, with 1 or more hoisting units arranged to traverse the bridge.
	(2)	A gantry crane does not include a crane that has 3 or less powered operations that is remote-controlled.
4	Hoist
	(1)	A hoist is plant designed for raising or lowering a load or people (vertically without slewing).
	(2)	A hoist includes a mast-climbing work platform, a personnel and materials hoist, a scaffolding hoist and a serial hoist.
	(3)	A hoist does not include a lift or building maintenance equipment.
5	Materials hoist
	(1)	A materials hoist is a builder’s hoist for hoisting goods or materials but not people.
	(2)	A materials hoist includes the platform, structure, machinery and other equipment associated with, or attached to, the hoist.
6	Personnel and materials hoist
	(1)	A personnel and materials hoist is a builder’s hoist in which people, goods and materials may be hoisted.
	(2)	A personnel and materials hoist may be either a cantilever hoist or a tower hoist, may have 1 or more winches and includes the car, structure, machinery and other equipment associated with the hoist.
7	Backhoe
	A backhoe is a small tractor with a bucket fitted to a telescoping boom that excavates, elevates, swings and discharges material, without moving the chassis or undercarriage during any part of the working cycle of the machine.
8	Boom-type elevating work platform
	A boom-type elevating work platform is a powered telescoping, hinged or articulated device, or any combination of those devices, with a boom length of at least 11m, used to support a platform to lift people, equipment or materials.
9	Derrick crane
	A derrick crane is a powered slewing strut-boom crane with the boom pivoted at the base of a mast, guyed or held by backstays, capable of luffing under load.
10	Direct-fired process heater
	A direct-fired process heater is an arrangement of tubes comprising 1 or more coils located in the radiant zone or convection zone, or both, of a combustion chamber, the primary purpose of which is to raise the temperature of a process fluid circulated through the coils, to allow distillation, fractionation, reaction or another petrochemical process of the process fluid, whether that fluid is liquid or gas, or in a phase between liquid and gas.
11	Dragline
	A dragline is a lattice-boom crane configuration supporting a bucket or scoop that is thrown outwards and dragged through material by a drag cable.
12	Excavator
	An excavator is a self-propelled crawler or wheeled machine with—
	(a)	an upper structure capable of up to 360° rotation; and
	(b)	a bucket fitted to a boom, arm or telescoping boom, that excavates, lifts, swings and dumps material, without moving the chassis or undercarriage.
13	Forklift truck
	A forklift truck is a powered industrial truck with—
	(a)	a mast; and
	(b)	an elevating load carriage with fork arms or other load holding attachment.
14	Front-end loader
	(1)	A front-end loader is a self-propelled, wheeled machine with a bucket mounted at the front, that loads or excavates in a forward motion, and lifts, transports and dumps material.
	(2)	A front-end loader of the skid-steer type is a loader that is steered by skidding or reversing the wheels on 1 side of the loader.
15	Load shifting machine
	A load shifting machine is a dragline, excavator, forklift truck, front-end loader, front-end loader of the skid-steer type, backhoe, or order-picking forklift truck.
16	Mobile crane
	A mobile crane is a crane that forms part of a vehicle.
17	Non-slewing mobile crane
	(1)	A non-slewing mobile crane is a powered mobile crane with a capacity of more than 3t incorporating a boom or jib that cannot be slewed.
	(2)	A non-slewing mobile crane includes an articulated mobile crane and a locomotive crane, but does not include a crane for towing vehicles.
18	Order-picking forklift truck
	An order-picking forklift truck is a powered truck that is controlled from and lifted with the load carriage or lifting equipment.
19	Portal boom crane
	A portal boom crane is a powered jib or boom crane mounted on a portal frame that is supported on runways along which the crane travels.
20	Reciprocating steam engine
	A reciprocating steam engine is an engine in which steam causes a piston to move, but does not include an expanding (steam) reciprocating engine with a piston diameter of 250mm or less.
21	Rigging
	(1)	Rigging is mechanical loadshifting equipment and associated gear used—
	(a)	to move, place or secure and stabilise a load; or
	(b)	to set up and dismantle a crane or hoist.
	(2)	Rigging does not include setting up a crane or hoist that only requires the positioning of integral outriggers or stabilisers.
22	Scaffold and scaffolding
	(1)	A scaffold is a temporary structure for supporting access platforms or working platforms.
	(2)	Scaffolding work is the erection, alteration or dismantling of temporary structures that are erected to support platforms that are not less than 4m from the ground.
23	Stabilisers
	Stabilisers are devices used to increase stability, but not to hoist or level.
24	Tower crane
	A tower crane is a powered jib boom or jib crane mounted on a demountable or permanent tower structure, and includes horizontal and luffing jibs.
25	Turbine
	A turbine is plant in which steam acting on a turbine or rotor causes a rotary motion, but does not include steam turbines and expansion turbines with a power output of less than 500kW.
26	Vehicle loading crane
	A vehicle loading crane is a powered slewing mobile crane with a capacity of 10m tonnes or more, mounted on a vehicle for the principal purpose of loading and unloading the vehicle.

Part 2		Work for which qualifications required
1	Scaffolding
1.1		Basic scaffolding, consisting of scaffolding activities connected with the operation or use of plant including the following:
	(1)	prefabricated scaffolds;
	(2)	cantilevered materials hoists with a maximum working load of 500 kg;
	(3)	ropes and gin wheels;
	(4)	safety nets and static lines;
	(5)	bracket scaffolds (tank and formwork),
but excluding:
	(6)	cantilevered crane-loading platforms;
	(7)	cantilevered and spurred scaffolds;
	(8)	barrow ramps and sloping platforms;
	(9)	perimeter safety screens and shutters;
	(10)	mast-climbers;
	(11)	tube and coupler scaffolds (including tube and coupler covered ways and gantries);
	(12)	hung scaffolds, including scaffolds hanging from tubes, wire ropes or chains;
	(13)	suspended scaffolds.
1.2		Intermediate scaffolding, consisting of all basic scaffolding together with other scaffolding activities connected with the operation or use of plant including the following:
	(1)	cantilevered crane-loading platforms;
	(2)	cantilevered and spurred scaffolds;
	(3)	barrow ramps and sloping platforms;
	(4)	perimeter safety screens and shutters;
	(5)	mast-climbers;
	(6)	tube and coupler scaffolds (including tube and coupler covered ways and gantries), 
but excluding: 
	(7)	hung scaffolds, including scaffolds hanging from tubes, wire ropes or chains;
	(8)	suspended scaffolds.
1.3		Advanced scaffolding, consisting of all intermediate scaffolding together with all other scaffolding activities connected with the operation or use of plant including the following:
	(1)		hung scaffolds, including scaffolds hanging from tubes, wire ropes or chains; 
	(2)	suspended scaffolds.
2	Dogging
2.1		Dogging, consisting of the use of slinging techniques to move a load, including the selection and inspection of lifting gear and the directing of a crane or hoist operator in the movement of a load.
3	Rigging
3.1		Basic rigging, consisting of rigging activities connected with the erection, movement or placement of plant or materials including the following:
	(1)	steel or precast concrete;
	(2)	hoists (including mast-climbing hoists);
	(3)	safety nets and static lines;
	(4)	perimeter safety screens and shutters;
	(5)	cantilevered crane-loading platforms,
but excluding:
	(6)	load-equalising gear;
	(7)	cranes, conveyors, dredges and excavators;
	(8)	tilt slabs;
	(9)	hoists with jibs and self-climbing hoists;
	(10)	plant, equipment or materials moved in demolition;
	(11)	dual lifts;
	(12)	gin poles and shearlegs;
	(13)	flying foxes and cableways;
	(14)	guyed derricks and structures; 
	(15)	suspended and fabricated hung scaffolds.
3.2		Intermediate rigging, consisting of all basic rigging together with other rigging activities connected with the erection, movement or placement of plant or materials including the following:
	(1)	load-equalising gear;
	(2)	cranes, conveyors, dredges and excavators;
	(3)	tilt slabs;
	(4)	hoists with jibs and self-climbing hoists;
	(5)	plant, equipment or materials moved in demolition; 
	(6)	dual lifts,
but excluding:
	(7)	gin poles and shearlegs;
	(8)	flying foxes and cableways;
	(9)	guyed derricks and structures;
	(10)	suspended and fabricated hung scaffolds.
3.3		Advanced rigging, consisting of all basic rigging together with all other rigging activities connected with the erection, movement or placement of plant or materials including the following:
	(1)	gin poles and shearlegs;
	(2)	flying foxes and cableways;
	(3)	guyed derricks and structures; 
	(4)	suspended and fabricated hung scaffolds.
4	Cranes
The operation and use of any of the following:
4.1		Tower crane
4.2		Derrick crane
4.3		Portal boom crane
4.4		Bridge or gantry crane (other than one that is remotely controlled and has 3 or fewer powered operations) 
4.5		Vehicle loading crane with a capacity of 10m tonnes or more
4.6		Non-slewing mobile crane with a capacity of greater than 3t
4.7.1		Slewing mobile crane with a capacity of up to and including 20t
4.7.2		Slewing mobile crane with a capacity of up to and including 60t
4.7.3		Slewing mobile crane with a capacity of up to and including 100t
4.7.4		Slewing mobile crane with a capacity of more than 100t
4.7.5		Boom-type elevating work platform with a boom 11m or more in length.
5	Hoists
The operation and use of any of the following:
5.1		Materials platform hoist
5.2		Personnel and materials hoist
6	Truck-mounted concrete-placing booms
The operation and use of—
6.1		Truck-mounted concrete-placing boom
7	Boilers
7.1		Basic boiler operation, consisting of the operation or use of any boiler whose operation relies on any of the following:
	(1)	a single fixed combustion air supply;
	(2)	a non-modulating single heat source;
	(3)	a fixed firing rate.
7.2		Intermediate boiler operation, consisting of basic boiler operation together with the operation or use of any other boiler whose operation relies on any of the following:
	(1)	a modulating combustion air supply;
	(2)	a modulating heat source; 
	(3)	a superheater; 
	(4)	an economiser. 
7.3		Advanced boiler operation, consisting of intermediate boiler operation together with the operation or use of any other boiler whose operation relies on multiple fuel types that may be fired simultaneously during normal operation (other than one which changes fuel type during its start sequence). 
8	Steam turbines
8.1		Any steam turbine (except a steam turbine that produces a power output of less than 500kW) that—
	(a)	is multi-wheeled; or 
	(b)	is capable of a speed exceeding 3 600rpm.
8.2		Any steam turbine that relies for its operation on attached condensers or a multistage heat extraction process.
9	Reciprocating steam engines
9.1		Any reciprocating steam engine containing a piston of 250mm or more in diameter. 
10	Loadshifting machines
The operation and use of any of the following:
10.1		Forklift truck
10.2		Order-picking forklift truck
10.3		Dragline
10.4		Excavator
10.5		Front-end loader
10.6		Front-end loader/backhoe
10.7		Front-end loader of the skid-steer type

Schedule 2	Corresponding laws 
    
(see r 3)
New South Wales
Occupational Health and Safety Act 1983
Occupational Health and Safety (Certificates of Competency) Regulation 1996
Victoria
Occupational Health and Safety Act 1985
Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994
Queensland
Workplace Health and Safety Act 1995
Workplace Health and Safety Regulation 1997
South Australia
Occupational Health, Safety and Welfare Act 1986
Occupational Health, Safety and Welfare Regulations 1995
Western Australia
Occupational Safety and Health Act 1984
Occupational Safety and Health Regulations 1996
Tasmania
Workplace Health and Safety Act 1995
Northern Territory
Work Health Act
Work Health (Occupational Health and Safety) Regulations

Dictionary
	(see reg 3)
assessor means a person appointed under regulation 19 (Assessors).
backhoe, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 7.
boiler, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 1.
boom-type elevating work platform—see schedule 1, part 1, clause 8.
bridge crane, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 2.
certificate of competency means a certificate of competency issued under regulation 12 (Issue of certificates of competency).
corresponding law means a law mentioned in schedule 2.
crane means plant designed to raise or lower a load or move it horizontally, but does not include—
	(a)	an industrial lift-truck, earthmoving machinery or tractor; or
	(b)	a front-end loader, backhoe, excavator or similar plant designed for use as a crane; or
	(c)	a non-slewing mobile crane used only for towing motor vehicles; or
	(d)	an amusement structure, industrial robot or lift.
derrick crane, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 9.
direct-fired process heater, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 10.
dogging means—
	(a)	the use of slinging techniques to move a load, including the selection and inspection of lifting gear; and
	(b)	the directing of a crane or hoist operator in the movement of a load.
dragline, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 11.
endorsement means—
	(a)	for a certificate of competency—an endorsement authorising the holder of the certificate to do a stated kind of scheduled work; and
	(b)	for a certificate of accreditation—an endorsement authorising the holder to do a stated kind of assessment.
excavator—see schedule 1, part 1, clause 12.
exemption means an exemption under regulation 32.
forklift truck—see schedule 1, part 1, clause 13.
front-end loader—see schedule 1, part 1, clause 14.
front-end loader of the skid-steer type, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 14.
gantry crane, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 3.
guidelines—see regulation 10 (Guidelines).
hoist—see schedule 1, part 1, clause 4.
loadshifting machine—see schedule 1, part 1, clause 15.
materials hoist, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 5.
mobile crane—see schedule 1, part 1, clause 16.
mobile scaffold means an freestanding scaffold, mounted on castors, constructed with snap on hooks, clips or clamps.
non-slewing mobile crane—see schedule 1, part 1, clause 17.
notice of satisfactory assessment means a notice of satisfactory assessment under regulation 7 (Issue of notice of satisfactory assessment).
order-picking forklift truck, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 18.
outriggers means extendable members attached to a crane or hoist which rest on supports at the outer ends to increase stability.
personnel and materials hoist, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 6.
portal boom crane, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 19.
reciprocating steam engine, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 20.
record of training means a record kept under regulation 18 (Trainees’ obligations). 
rigging—see schedule 1, part 1, clause 21.
scaffold—see schedule 1, part 1, clause 22.
scaffolding—see schedule 1, part 1, clause 22.
scheduled work means work of the kind mentioned in schedule 1, part 2.
stabilisers—see schedule 1, part 1, clause 23.
supervisor—see regulation 16 (Definition of supervisor for div 2.3).
the Act means the Occupational Health and Safety Act 1989.
tower crane, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 24.
trainee means an person who does not hold a certificate of competency who is undertaking training towards obtaining a certificate of competency to do scheduled work.
turbine, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 25.
vehicle loading crane, for schedule 1 (scheduled work)—see schedule 1, part 1, clause 26.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
ins = inserted/added	reloc = relocated	
LA = Legislation Act 2001	R[X] = Republication No	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
o = order	SL  = Subordinate Law	
om = omitted/repealed	underlining = whole or part not commenced	

3	Legislation history
Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000 No 48
notified 30 November 2000 (Gaz 2000 No 48)
commenced 30 November 2000 (reg 2)
as amended by
Legislation (Consequential Amendments) Act 2001 No 44 pt 266
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 266 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)
4	Amendment history
Commencement
reg 2	om R1 (LA)
Dictionary
reg 3	am 2001 No 44 amdt 1.3047
Application for assessment to do scheduled work
reg 4	sub 2001 No 44 amdt 1.3048
Applications for certificates of competency or variations
reg 11	am 2001 No 44 amdt 1.3049
Accreditation of assessors
reg 20	am 2001 No 44 amdt 1.3050
Suspension or cancellation
reg 27	am 2001 No 44 amdt 1.3051
Approved forms
reg 36	om 2001 No 44 amdt 1.3052
Transitional
pt 7 hdg	exp 30 November 2001 (reg 39)
Existing certificates
reg 37	exp 30 November 2001 (reg 39)
Certain work may be done without a certificate
reg 38	exp 30 November 2001 (reg 39)
Expiry of pt 7
reg 39	exp 30 November 2001 (reg 39)

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2001