130Exceptions to regulations 128 and 129

130 Exceptions to regulations 128 and 129

(1) Regulations 128 and 129 do not apply if the person or employee—

(a) is only undertaking—

(i) training for the purpose of obtaining a high risk work licence for the work under regulation 132; or

(ii) a training course or program under regulation 133; or

(b) is authorised to work under regulation 138; or

(c) is only operating pressure equipment of a class listed in Schedule 4 and the conditions (if any) set out in Schedule 4 in relation to the equipment have been, or are being (as the case may be), complied with; or

(d) has been exempted by the Authority under regulation 538(1) in relation to specified high risk work; or

(e) is only performing high risk work involving plant for the purposes of testing, installing, commissioning, maintaining or repairing the plant.

1 Regulation 138 permits a person to work for a limited period in certain circumstances including if the person has applied to the Authority for a licence.

2 Regulation 538(1) allows the Authority to exempt any person, or class of person (including persons who are under 18 years of age) from complying with regulation 128 in relation to specified high risk work.

(2) Subregulation (1)(e) does not apply to work—

(a) referred to in Part 1 of Schedule 3; or

(b) involving the operating of plant in order to load or unload it from a vehicle.

(3) A person who holds a high risk work licence for rigging work is not required to also hold a high risk work licence for crane or hoist operation for the purpose of setting up or dismantling a crane or hoist if the operation of the crane or hoist is integral to the setting up or dismantling of the crane or hoist.

(4) Regulation 128 does not apply to a person who is performing work under the terms of an exemption granted to the person's employer under regulation 538(2).

(5) Regulation 129 does not apply to an employer who—

(a) allows an employee who holds a high risk work licence for rigging work to set up or dismantle a crane or hoist if the operation of the crane or hoist is integral to the setting up or dismantling of the crane or hoist; or

(b) has been, or is in a class of employer which has been, exempted by the Authority under regulation 538(2) in relation to specified high risk work.

Regulation 538(2) allows the Authority to exempt an employer, or class of employer from complying with regulation 129 in relation to specified high risk work that the employer seeks to have performed by a person, or class of person, who does not hold a high risk work licence (including persons who are under 18 years of age).