Div 10Falling objects

Division 10—Falling objects 54—Management of risk of falling objects A person conducting a business or undertaking at a workplace must manage, in accordance with Chapter 3 Part 1, risks to health and safety associated with an object falling on a person if the falling object is reasonably likely to injure the person. 55—Minimising risk associated with falling objects (1) This regulation applies if it is not reasonably practicable to eliminate the risk referred to in regulation 54. (2) The person conducting the business or undertaking at a workplace must minimise the risk of an object falling on a person by providing adequate protection against the risk in accordance with this regulation. (3) The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including— (a) preventing an object from falling freely, so far as is reasonably practicable; or (b) if it is not reasonably practicable to prevent an object from falling freely—providing, so far as is reasonably practicable, a system to arrest the fall of a falling object. 1 Providing a secure barrier. 2 Providing a safe means of raising and lowering objects. 3 Providing an exclusion zone persons are prohibited from entering. Division 11—Psychosocial risks 55A—Meaning of psychosocial hazard A psychosocial hazard is a hazard that— (a) arises from, or relates to— (i) the design or management of work; or (ii) a work environment; or (iii) plant at a workplace; or (iv) workplace interactions or behaviours; and (b) may cause psychological harm (whether or not it may also cause physical harm). 55B—Meaning of psychosocial risk A psychosocial risk is a risk to the health or safety of a worker or other person arising from a psychosocial hazard. 55C—Managing psychosocial risks A person conducting a business or undertaking must manage psychosocial risks in accordance with Chapter 3 Part 1. WHS Act—section 19 (see regulation 9). 55D—Control measures (1) This regulation applies to a person conducting a business or undertaking who implements control measures to manage psychosocial risks in accordance with Chapter 3 Part 1. (2) In determining the control measures to implement, the person must have regard to all relevant matters, including— (a) the duration, frequency and severity of the exposure of workers and other persons to the psychosocial hazards; and (b) how the psychosocial hazards may interact or combine; and (c) the design of work, including job demands and tasks; and (d) the systems of work, including how work is managed, organised and supported; and (e) the design and layout, and environmental conditions, of the workplace, including the provision of— (i) safe means of entering and exiting the workplace; and (ii) facilities for the welfare of workers; and (f) the design and layout, and environmental conditions, of workers' accommodation; and (g) the plant, substances and structures at the workplace; and (h) workplace interactions or behaviours; and (i) the information, training, instruction and supervision provided to workers. workers' accommodation means premises to which section 19(4) of the Act applies. Chapter 4—Hazardous work Part 1—Noise 56—Meaning of exposure standard for noise (1) In these regulations— exposure standard for noise, in relation to a person, means— (a) LAeq,8h of 85 dB(A); or (b) LC,peak of 140 dB(C). LAeq,8h means the eight‑hour equivalent continuous A‑weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure); LC,peak means the C‑weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005  (Occupational noise management—Measurement and assessment of noise immission and exposure). 57—Managing risk of hearing loss from noise (1) A person conducting a business or undertaking at a workplace must manage, in accordance with Chapter 3 Part 1, risks to health and safety relating to the risk of hearing loss associated with noise. (2) A person conducting a business or undertaking at a workplace must ensure that the noise that a worker is exposed to at the workplace does not exceed the exposure standard for noise. 58—Audiometric testing (1) This regulation applies in relation to a worker who is frequently required by the person conducting the business or undertaking to use personal protective equipment to protect the worker from the risk of hearing loss associated with noise that exceeds the exposure standard for noise. (2) The person conducting the business or undertaking who provides the personal protective equipment as a control measure must provide audiometric testing for the worker— (a) within 3 months of the worker commencing the work; and (b) in any event, at least every 2 years. audiometric testing means the testing and measurement of the hearing threshold levels of each ear of a person by means of pure tone air conduction threshold tests. 59—Duties of designers, manufacturers, importers and suppliers of plant (1) A designer of plant must ensure that the plant is designed so that its noise emission is as low as is reasonably practicable. (2) A designer of plant must give to each person who is provided with the design for the purpose of giving effect to it adequate information about— (a) the noise emission values of the plant; and (b) the operating conditions of the plant when noise emission is to be measured; and (c) the methods the designer has used to measure the noise emission of the plant. (3) A manufacturer of plant must ensure that the plant is manufactured so that its noise emission is as low as is reasonably practicable. (4) A manufacturer of plant must give to each person to whom the manufacturer provides the plant adequate information about— (a) the noise emission values of the plant; and (b) the operating conditions of the plant when noise emission is to be measured; and (c) the methods the manufacturer has used to measure the noise emission of the plant. (5) An importer of plant must take all reasonable steps to— (a) obtain information about— (i) the noise emission values of the plant; and (ii) the operating conditions of the plant when noise emission is to be measured; and (iii) the methods the designer or manufacturer has used to measure the noise emission of the plant; and (6) A supplier of plant must take all reasonable steps to— (a) obtain the information the designer, manufacturer or importer is required to give a supplier under subregulation (2), (4) or (5); and (b) give that information to any person to whom the supplier supplies the plant. Part 2—Hazardous manual tasks 60—Managing risks to health and safety (1) A person conducting a business or undertaking must manage risks to health and safety relating to a musculoskeletal disorder associated with a hazardous manual task, in accordance with Chapter 3 Part 1. (2) In determining the control measures to implement under subregulation (1), the person conducting the business or undertaking must have regard to all relevant matters that may contribute to a musculoskeletal disorder, including— (a) postures, movements, forces and vibration relating to the hazardous manual task; and (b) the duration and frequency of the hazardous manual task; and (c) workplace environmental conditions that may affect the hazardous manual task or the worker performing it; and (d) the design of the work area; and (e) the layout of the workplace; and (f) the systems of work used; and (g) the nature, size, weight or number of persons, animals or things involved in carrying out the hazardous manual task. 61—Duties of designers, manufacturers, importers and suppliers of plant or structures (1) A designer of plant or a structure must ensure that the plant or structure is designed so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure. (2) If it is not reasonably practicable to comply with subregulation (1), the designer must ensure that the plant or structure is designed so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable. (3) The designer must give to each person who is provided with the design for the purposes of giving effect to it adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure. (4) A manufacturer of plant or a structure must ensure that the plant or structure is manufactured so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure. (5) If it is not reasonably practicable to comply with subregulation (4), the manufacturer must ensure that the plant or structure is manufactured so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable. (6) The manufacturer must give to each person to whom the manufacturer provides the plant or structure adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure. (7) An importer of plant or a structure must take all reasonable steps to— (a) obtain the information the designer or manufacturer is required to give an importer under subregulation (3) or (6); and (8) A supplier of plant or a structure must take all reasonable steps to— (a) obtain the information the designer, manufacturer or importer is required to give a supplier under subregulation (3), (6) or (7); and (b) give that information to any person to whom the supplier supplies the plant. Part 3—Confined spaces 62—Confined spaces to which this Part applies (1) This Part applies to confined spaces that— (a) are entered by any person; or (b) are intended or likely to be entered by any person; or (c) could be entered inadvertently by any person. (2) In this Part, a reference to a confined space in relation to a person conducting a business or undertaking is a reference to a confined space that is under the person's management or control. 63—Application to emergency service workers Regulations 67 and 68 do not apply to the entry into a confined space by an emergency service worker if, at the direction of the emergency service organisation, the worker is— (a) rescuing a person from the space; or (b) providing first aid to a person in the space. Division 2—Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure 64—Duty to eliminate or minimise risk (1) This regulation applies in relation to plant or a structure that includes a space that is, or is intended to be, a confined space. (2) A designer, manufacturer, importer or supplier of the plant or structure, and a person who installs or constructs the plant or structure, must ensure that— (a) the need for any person to enter the space and the risk of a person inadvertently entering the space are eliminated, so far as is reasonably practicable; or (b) if it is not reasonably practicable to eliminate the need to enter the space or the risk of a person inadvertently entering the space— (i) the need or risk is minimised so far as is reasonably practicable; and (ii) the space is designed with a safe means of entry and exit; and (iii) the risk to the health and safety of any person who enters the space is eliminated so far as is reasonably practicable or, if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable. WHS Act—sections 22, 23, 24, 25 or 26 (see regulation 9). Division 3—Duties of person conducting business or undertaking 65—Entry into confined space must comply with this Division A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that a worker does not enter a confined space before this Division has been complied with in relation to that space. 66—Managing risks to health and safety (1) A person conducting a business or undertaking must manage, in accordance with Chapter 3 Part 1, risks to health and safety associated with a confined space at a workplace including risks associated with entering, working in, on or in the vicinity of the confined space (including a risk of a person inadvertently entering the confined space). (2) A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purposes of subregulation (1). (3) The person must ensure that a risk assessment conducted under subregulation (2) is recorded in writing. (4) For the purposes of subregulations (1) and (2), the person conducting a business or undertaking must have regard to all relevant matters, including the following: (a) whether the work can be carried out without the need to enter the confined space; (b) the nature of the confined space; (c) if the hazard is associated with the concentration of oxygen or the concentration of airborne contaminants in the confined space—any change that may occur in that concentration; (d) the work required to be carried out in the confined space, the range of methods by which the work can be carried out and the proposed method of working; (e) the type of emergency procedures, including rescue procedures, required. (5) The person conducting a business or undertaking must ensure that a risk assessment under this regulation is reviewed and as necessary revised by a competent person to reflect any review and revision of control measures under Chapter 3 Part 1. 67—Confined space entry permit (1) A person conducting a business or undertaking at a workplace must not direct a worker to enter a confined space to carry out work unless the person has issued a confined space entry permit for the work. (2) A confined space entry permit must— (a) be completed by a competent person; and (b) be in writing; and (c) specify the following: (i) the confined space to which the permit relates; (ii) the names of persons permitted to enter the space; (iii) the period of time during which the work in the space will be carried out; (iv) measures to control risk associated with the proposed work in the space; and (d) contain space for an acknowledgement that work in the confined space has been completed and that all persons have left the confined space. (3) The control measures specified in a confined space permit must— (a) be based on a risk assessment conducted under regulation 66; and (b) include— (i) control measures to be implemented for safe entry; and (ii) details of the system of work provided under regulation 69. (4) The person conducting a business or undertaking must ensure that, when the work for which the entry permit was issued is completed— (a) all workers leave the confined space; and (b) the acknowledgement referred to in subregulation (2)(d) is completed by the competent person. 68—Signage (1) A person conducting a business or undertaking must ensure that signs that comply with subregulation (2) are erected— (a) immediately before work in a confined space commences and while the work is being carried out; and (b) while work is being carried out in preparation for, and in the completion of, work in a confined space. (2) The signs must— (a) identify the confined space; and (b) inform workers that they must not enter the space unless they have a confined space entry permit; and (c) be clear and prominently located next to each entry to the space. 69—Communication and safety monitoring A person conducting a business or undertaking must ensure that a worker does not enter a confined space to carry out work unless the person provides a system of work that includes— (a) continuous communication with the worker from outside the space; and (b) monitoring of conditions within the space by a standby person who is in the vicinity of the space and, if practicable, observing the work being carried out. 70—Specific control—connected plant and services (1) A person conducting a business or undertaking must, so far as is reasonably practicable, eliminate any risk associated with work in a confined space in either of the following circumstances: (a) the introduction of any substance or condition into the space from or by any plant or services connected to the space; (b) the activation or energising in any way of any plant or services connected to the space. (2) If it is not reasonably practicable for the person to eliminate risk under subregulation (1), the person must minimise that risk so far as is reasonably practicable. 71—Specific control—atmosphere (1) A person conducting a business or undertaking must ensure, in relation to work in a confined space, that— (a) purging or ventilation of any contaminant in the atmosphere of the space is carried out, so far as is reasonably practicable; and (b) pure oxygen or gas mixtures with oxygen in a concentration exceeding 21% by volume are not used for purging or ventilation of any airborne contaminant in the space. (2) The person must ensure that, while work is being carried out in a confined space— (a) the atmosphere of the space has a safe oxygen level; or (b) if it is not reasonably practicable to comply with paragraph (a) and the atmosphere in the space has an oxygen level less than 19.5% by volume—any worker carrying out work in the space is provided with air supplied respiratory equipment. purging means the method used to displace any contaminant from a confined space. 1 Regulation 44 applies to the use of personal protective equipment, including the equipment provided under subregulation (2). 2 Regulation 50 also applies to airborne contaminants. 72—Specific control—flammable gases and vapours (1) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that while work is being carried out in a confined space, the concentration of any flammable gas, vapour or mist in the atmosphere of the space is less than 5% of its LEL. (2) If it is not reasonably practicable to limit the atmospheric concentration of a flammable gas, vapour or mist in a confined space to less than 5% of its LEL and the atmospheric concentration of the flammable gas, vapour or mist in the space is— (a) equal to or greater than 5% but less than 10% of its LEL—the person must ensure that any worker is immediately removed from the space unless a suitably calibrated, continuous‑monitoring flammable gas detector is used in the space; or (b) equal to or greater than 10% of its LEL—the person must ensure that any worker is immediately removed from the space. 73—Specific control—fire and explosion A person conducting a business or undertaking must ensure that an ignition source is not introduced into a confined space (from outside or within the space) if there is a possibility of the ignition source causing a fire or explosion in the place. 74—Emergency procedures (1) A person conducting a business or undertaking must— (a) establish first aid procedures and rescue procedures to be followed in the event of an emergency in a confined space; and (b) ensure that the procedures are practised as necessary to ensure that they are efficient and effective. (2) The person must ensure that first aid and rescue procedures are initiated from outside the confined space as soon as practicable in an emergency. (3) The person must ensure, in relation to any confined space, that— (a) the entry and exit openings of the confined space are large enough to allow emergency access; and (b) the entry and exit openings of the space are not obstructed; and (c) plant, equipment and personal protective equipment provided for first aid or emergency rescue are maintained in good working order. See Chapter 3 Part 2 for general provisions relating to first aid, personal protective equipment and emergency plans. 75—Personal protective equipment in emergencies (1) This regulation applies in relation to a worker who is to enter a confined space in order to carry out first aid or rescue procedures in an emergency. (2) The person conducting the business or undertaking for which the worker is carrying out work must ensure that air supplied respiratory equipment is available for use by, and is provided to, the worker in an emergency in which— (a) the atmosphere in the confined space does not have a safe oxygen level; or (b) the atmosphere in the space has a harmful concentration of an airborne contaminant; or (c) there is a serious risk of the atmosphere in the space becoming affected in the way referred to in paragraph (a) or (b) while the worker is in the space. (3) The person conducting the business or undertaking for which the worker is carrying out work must ensure that suitable personal protective equipment is available for use by, and is provided to, the worker in an emergency in which— (a) an engulfment has occurred inside the confined space; or (b) there is a serious risk of an engulfment occurring while the worker is in the space. Regulation 44 applies to the use of personal protective equipment, including the equipment provided under this regulation. 76—Information, training and instruction for workers (1) A person conducting a business or undertaking must ensure that relevant workers are provided with suitable and adequate information, training and instruction in relation to the following: (a) the nature of all hazards relating to a confined space; (b) the need for, and the appropriate use of, control measures to control risks to health and safety associated with those hazards; (c) the selection, fit, use, wearing, testing, storage and maintenance of any personal protective equipment; (d) the contents of any confined space entry permit that may be issued in relation to work carried out by the worker in a confined space; (e) emergency procedures. (2) The person must ensure that a record of all training provided to a worker under this regulation is kept for 2 years. relevant worker means— (a) a worker who, in carrying out work for the business or undertaking, could— (i) enter or work in a confined space; or (ii) carry out any function in relation to work in a confined space or the emergency procedures established under regulation 74, but who is not required to enter the space; or (b) any person supervising a worker referred to in paragraph (a). 77—Confined space entry permit and risk assessment must be kept (1) This regulation applies if a person conducting a business or undertaking— (a) prepares a risk assessment under regulation 66; or (b) issues a confined space entry permit under regulation 67. (a) a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and (b) a copy of the confined space entry permit at least until the work to which it relates is completed. (3) If a notifiable incident occurs in connection with the work to which the assessment or permit relates, the person must keep the copy of the assessment or permit (as applicable) for at least 2 years after the incident occurs. (4) The person must ensure that, for the period for which the assessment or permit must be kept under this regulation, a copy is available for inspection under the Act. (5) The person must ensure that, for the period for which the assessment or permit must be kept under this regulation, a copy is available to any relevant worker on request. Part 4—Falls 78—Management of risk of fall (1) A person conducting a business or undertaking at a workplace must manage, in accordance with Chapter 3 Part 1, risks to health and safety associated with a fall by a person from one level to another that is reasonably likely to cause injury to the person or any other person. (2) Subregulation (1) includes the risk of a fall— (a) in or on an elevated workplace from which a person could fall; or (b) in the vicinity of an opening through which a person could fall; or (c) in the vicinity of an edge over which a person could fall; or (d) on a surface through which a person could fall; or (e) in any other place from which a person could fall. (3) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that any work that involves the risk of a fall to which subregulation (1) applies is carried out on the ground or on a solid construction. (4) A person conducting a business or undertaking must provide safe means of access to and exit from— (a) the workplace; and (b) any area within the workplace referred to in subregulation (2). solid construction means an area that has— (a) a surface that is structurally capable of supporting all persons and things that may be located or placed on it; and (b) barriers around its perimeter and any openings to prevent a fall; and (c) an even and readily negotiable surface and gradient; and (d) a safe means of entry and exit. 79—Specific requirements to minimise risk of fall (1) This regulation applies if it is not reasonably practicable for the person conducting a business or undertaking at a workplace to eliminate the risk of a fall to which regulation 78 applies. (2) The person must minimise the risk of a fall by providing adequate protection against the risk in accordance with this regulation. (3) The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including by— (a) providing a fall prevention device if it is reasonably practicable to do so; or (b) if it is not reasonably practicable to provide a fall prevention device, providing a work positioning system; or (c) if it is not reasonably practicable to comply with either paragraph (a) or (b), providing a fall arrest system, so far as is reasonably practicable. A safe system of work could include— • providing temporary work platforms; • providing training in relation to the risks involved in work at the workplace; • providing safe work procedures, safe sequencing of work, safe use of ladders, permit systems and appropriate signs. A combination of the controls set out in this subregulation may be used to minimise risks so far as is practicable if a single control is not sufficient for the purpose. (4) This regulation does not apply in relation to the following work: (a) the performance of stunt work; (b) the performance of acrobatics; (c) a theatrical performance; (d) a sporting or athletic activity; (e) horse riding. Regulation 36 applies to the management of risk in relation to this work. fall prevention device includes— (a) a secure fence; and (b) edge protection; and (c) working platforms; and (d) covers. See regulation 5 for definitions of fall arrest system and work positioning system. 80—Emergency and rescue procedures (1) This regulation applies if a person conducting a business or undertaking provides a fall arrest system as a control risk measure. (2) Without limiting regulation 79, the person must establish emergency procedures, including rescue procedures, in relation to the use of the fall arrest system. (3) The person must ensure that the emergency procedures are tested so that they are effective. (4) The person must provide relevant workers with suitable and adequate information, training and instruction in relation to the emergency procedures. relevant worker means— (a) a worker who, in carrying out work in the business or undertaking, uses or is to use a fall arrest system; and (b) a worker who may be involved in initiating or implementing the emergency procedures. Part 5—High risk work Division 1—Licensing of high risk work Subdivision 1—Requirement to be licensed 81—Licence required to carry out high risk work A person must not carry out a class of high risk work unless the person holds a high risk work licence for that class of high risk work except as provided in regulation 82. 1 See section 43 of the Act. 2 Schedule 3 sets out the high risk work licences and classes of high risk work that are within the scope of each licence. Schedule 4 sets out the qualifications required for a high risk work licence. 82—Exceptions (1) A person who carries out high risk work is not required to be licensed if the work is carried out— (a) in the course of training towards a certification in order to be licensed to carry out the high risk work; and (b) under the supervision of a person who is licensed to carry out the high risk work. (1a) A person who holds a certification in relation to a specified VET course for high risk work is not required to be licensed to carry out the work— (a) for 60 days after the certification is issued; and (b) if the person applies for the relevant high risk work licence within that 60 day period, until— (i) the person is granted the licence; or (ii) the expiry of 28 days after the person is given written notice under regulation 91(2) of a decision to refuse to grant the licence. (1b) A person who carries out high risk work is not required to be licensed if the work is carried out while an accredited assessor is conducting an assessment of the person's competency in relation to the work. (2) A person who carries out high risk work involving plant is not required to be licensed if— (a) the work is carried out at a workplace solely for the purpose of the manufacture, testing, trialling, installation, commissioning, maintenance, servicing, repair, alteration, demolition or disposal of the plant at that workplace or moving the plant while unloaded within the workplace; and (b) the plant is operated or used without a load except when standard weight loads with predetermined fixing points are used for calibration of the plant. (3) For the purposes of subregulation (2)(a), moving includes operating the plant in order to load the plant onto, or unload it from, a vehicle or equipment used to move it. (4) A person who carries out high risk work with a crane or hoist is not required to be licensed as a crane operator if— (a) the work is limited to setting up or dismantling the crane or hoist; and (b) the person carrying out the work holds a licence in relation to rigging, which qualifies the person to carry out the work. See Schedule 3 for the classes of crane operator licence. (5) A person who carries out high risk work with a heritage boiler is not required to be licensed as a boiler operator. 83—Recognition of high risk work licences in other jurisdictions (1) In this Subdivision, a reference to a high risk work licence includes a reference to an equivalent licence— (a) that was granted under a corresponding WHS law; and (2) Subregulation (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction. 84—Duty of person conducting business or undertaking to ensure direct supervision (1) A person conducting a business or undertaking must ensure that a person supervising the work of a person carrying out high risk work as required by regulation 82(1) provides direct supervision of the person except in the circumstances set out in subregulation (2). (2) Direct supervision of a person is not required if— (a) the nature or circumstances of a particular task make direct supervision impracticable or unnecessary; and (b) the reduced level of supervision will not place the health or safety of the supervised person or any other person at risk. direct supervision of a person means the oversight by the supervising person of the work of that person for the purposes of— (a) directing, demonstrating, monitoring and checking the person's work in a way that is appropriate to the person's level of competency; and (b) ensuring a capacity to respond in an emergency situation. 85—Evidence of licence—duty of person conducting business or undertaking (1) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work for which a high risk work licence is required unless the person sees written evidence provided by the worker that the worker has the relevant high risk work licence for that work. (2) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in regulation 82(1) unless the person sees written evidence provided by the worker that the worker is undertaking the course of training referred to in regulation 82(1)(a). (2a) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in regulation 82(1a) unless the person sees written evidence provided by the worker that the worker— (a) in the circumstances referred to in regulation 82(1a)(a)—holds a certification referred to in regulation 82(1a); and (b) in the circumstances referred to in regulation 82(1a)(b)— (i) holds a certification referred to in regulation 82(1a); and (ii) has applied for the relevant licence within the period referred to in regulation 82(1a)(b). (3) A person conducting a business or undertaking at a workplace must not direct or allow a worker to supervise high risk work as referred to in regulations 82(1) and 84 unless the person sees written evidence that the worker holds the relevant high risk work licence for that high risk work. (4) A person conducting a business or undertaking at a workplace must keep a record of the written evidence provided— (a) under subregulation (1) or (2)—for at least 1 year after the high risk work is carried out; (b) under subregulation (3)—for at least 1 year after the last occasion on which the worker performs the supervision work.