304Excavation work—underground essential services information

304 Excavation work—underground essential services information

304 Excavation work—underground essential services information

(1) This section applies in relation to a part of a workplace where excavation work is being carried out and adjacent areas.

(2) A person with management or control of the workplace must take all reasonable steps to obtain current underground essential services information about the areas referred to in subsection (1) before directing or allowing the excavation work to commence.

Maximum penalty—

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

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

(3) The person with management or control of the workplace must provide the information obtained under subsection (2) to a person engaged by the person to carry out the excavation work.

Maximum penalty—

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

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

(4) The person with management or control of the workplace and a person conducting a business or undertaking who is given information under subsection (3) must have regard to the information referred to in subsection (2) in carrying out or directing or allowing the carrying out of the excavation work.

Maximum penalty—

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

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

Note—

Legislation relating to the essential services may also impose duties on the person conducting the business or undertaking and the persons carrying out the work.

(5) The person with control or management of the workplace must ensure that the information referred to in subsection (2) is available for inspection under the Act for the period specified in subsection (6).

Maximum penalty—

(a) for an individual—15 penalty units, or

(b) for a body corporate—75 penalty units.

(6) The information must be available—

(a) if a notifiable incident occurs in connection with the excavation work to which the information relates—for at least 2 years after the incident occurs, and