This part of the 2017 OHS Regulations regulates what work requires the operator to hold a licence for.The main changes to the 2007 in the current 2017 regulations are:
- explicitly providing that WorkSafe may impose terms and conditions when authorising a person to carry out assessments of competency
- introduction of a new licence class for reach stackers (to come into operation on 18 June 2108)
- the removal of a requirement to hold a forklift truck operation licence to operate low-lift pallet trucks
- A number of changes to the requirements and scope of work for the following licences:
- the dogging licence;
- the bridge and gantry crane operation licence;
- the vehicle loading crane operation licence;
- the order-picking forklift licence
- major changes to the boiler operation licensing scheme - three classes have been consolidated and replaced with two new classes (standard and advanced), and will take effect 18 June 2018
- an expansion to circumstances under which a boiler licence is not required
A high risk work licence means any of the licences listed in Schedule 3 of the regulations, which describes the scope of the licence and its exclusions. These are:
|Part 1 - Licence classes for scaffolding and rigging|
|Scaffolding and rigging||Basic scaffolding
|Part 2 - Licence classes for crane, hoist and forklift truck operation|
|Crane and hoist operation||
Tower Crane operation
|Part 3 - Licence classes for pressure equipment operation|
|Pressure equipment operation||Standard boiler operation
Advanced boiler operation
Reciprocating steam engine operation
Schedule 4 lists the pressure equipment for which a high risk work licence is not required.
Division 1 - Requirement to hold a licence
128 - 129 The regulations require a person carrying out work that is defined as 'high risk' (as detailed in Schedule 3) to hold a licence:
- it is an offence for a person to carry out the work without the appropriate licence.
- it is an offence for an employer to allow an employee to carry out the work without the appropriate licence
- is undertaking training or a training course in order to obtain a high risk work licence (132 & 133). The person MUST be under direct supervision - that is, basically 'in sight and sound' of the supervisor; or
- is authorised to work under reg 138 ie is awaiting his/her licence to be processed or until 14 days after being notice that the application has been refused; or
- is only operating pressure equipment listed in Schedule 4; or
- is working under the terms of an exemption granted by the Authority to the employer under reg 538(1);
- is only performing high risk work involving plant for the purposes of testing, installing, commissioning, maintaining or repairing the plant - in certain circumstances.
131 Current and valid interstate licences issued by a corresponding Authority are recognised in Victoria
Division 2 - Training
132 & 133 Trainees must be under direct supervision (although the regs allow for some flexibility, including if the level of competence of the trainee is such that direct supervision is 'unnecessary'. In these cases, the person should be assessed for competency and get their licence.)
Division 3 - Assessments of competency
Division 4 - Authorisation of assessors
Theses divisions describe the process of assessment of competency and licencing (134 - 138), as well as the qualifications of those persons who assess competency (139). Due to some serious issues with assessors in the past, the new regulations provide for WorkSafe to be able to impose terms and conditions when authorising a person to carry out assessments of competency.
Licence for high-risk work application forms can be collected from Australia Post outlets, downloaded from WorkSafe website or ordered from the Worksafe Advisory Service (03 9641 1444 or 1800 136 089). There are different forms for different licences.
Licensing fees vary depending on the type and class of licence. To check on the progress of an application call the Licensing Branch on 1300 852 562 or email firstname.lastname@example.org.
Licences are issued for a period of five years, and are valid in every Australian state and territory.
- Hard or soft copies, or CD ROMs of the 2017 OHS Regulations can now only be purchased from SAI Global (see the website for more information).
- The full text of the regulations can be viewed and downloaded from the Victorian Legislation and Parliamentary Documents website - click on Victorian Law Today, then on Statutory Rules, and then on "O" to find the Occupational Health and Safety Regulations.
- From the regulator's website: Licences issued by WorkSafe and Guide to Licensing and Registration
Last amended June 2017