306Additional controls—trenches

306 Additional controls—trenches

306 Additional controls—trenches

(1) A person conducting a business or undertaking who proposes to excavate a trench at least 1.5m deep must ensure, so far as is reasonably practicable, that the work area is secured from unauthorised access, including inadvertent entry.

Maximum penalty—

(a) for an individual—73 penalty units, or

(b) for a body corporate—364 penalty units.

(2) In complying with subsection (1), the person must have regard to all relevant matters, including—

(a) risks to health and safety arising from unauthorised access to the work area, and

(b) the likelihood of unauthorised access occurring.

(3) In addition, the person must minimise the risk to any person arising from the collapse of the trench by ensuring that all sides of the trench are adequately supported by doing one or more of the following—

(a) shoring by shielding or other comparable means,

(b) benching,

(c) battering.

Maximum penalty—

(a) for an individual—73 penalty units, or

(b) for a body corporate—364 penalty units.

(4) Subsection (3) does not apply if the person receives written advice from a geotechnical engineer that all sides of the trench are safe from collapse.

(5) An advice under subsection (4)—

(a) may be subject to a condition that specified natural occurrences may create a risk of collapse, and

(b) must state the period of time to which the advice applies.