Occupational Health and Safety Regulations 2017
543Grounds on which an exemption in relation to high risk work may be granted
Start here
Get a plain-English read of 543
Turn the raw legal text into a practical explanation grounded in Occupational Health and Safety Regulations 2017.
543 Grounds on which an exemption in relation to high risk work may be granted
(1) The Authority must not grant an exemption under regulation 538 other than in accordance with these Regulations.
(2) The Authority may grant an exemption if it is satisfied that—
(a) the work that is the subject of the application can be performed as safely by a person who does not hold a relevant high risk work licence as it could be performed by a person who holds such a licence; or
(b) the requirements of paragraph (a) will be met if it imposes certain conditions in granting the exemption and those conditions are observed and it imposes those conditions in granting the exemption.
(3) In the case of an application for an exemption under regulation 538(1) in relation to specified high risk work, the Authority may require a person to satisfy it as to the competency of the person in relation to any relevant skill or knowledge.
(4) In the case of an application by an employer for an exemption under regulation 538(2) in relation to a particular employee, the Authority may require the employer to satisfy it as to the competency of the employee in relation to any relevant skill or knowledge.
(5) The Authority may provide for an exemption under regulation 538 to apply to all of the work, or part of the work, that would normally be required to be performed by a person with a relevant high risk work licence.