184CDuty to ensure worker has been trained—the Act, s 43(2)

184C Duty to ensure worker has been trained—the Act, s 43(2)

184C Duty to ensure worker has been trained—the Act, s 43(2)

(1) A person conducting a business or undertaking must not direct or allow a worker to carry out a type of traffic control work unless the worker—

(a) has completed traffic control work training and has a traffic control work training card or temporary card for the type of work, and

(b) if the worker completed the traffic control work training more than 2 years previously—has carried out that type of traffic control work in the preceding 2 years.

Maximum penalty—

(a) for an individual—43 penalty units, or

(b) for a body corporate—217 penalty units.

(2) Despite subsection (1), a person conducting a business or undertaking may direct or allow a worker to carry out traffic control work if—

(a) the worker has completed traffic control work training for that type of traffic control work but has yet to complete the workplace assessment for that training, and

(b) the worker holds a statement of completion issued, within the previous 90 days, by the RTO that is delivering the training, and

(c) the traffic control work is carried out under supervision to provide the worker with experience to be able to complete the workplace assessment.