175Evidence of competence – duty of person conducting business or undertaking

175 Evidence of competence – 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 general diving work unless the person sees written evidence provided by the worker that the worker has the relevant competence required under this Division.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $1 250; or

(b) a body corporate, a fine not exceeding $6 000.

(2)  A person conducting a business or undertaking at a workplace must not direct or allow a person appointed under regulation 177 to perform any of the functions associated with that appointment unless the person conducting the business or undertaking sees written evidence provided by the person appointed that the person appointed has the competence required under regulation 174 .

Penalty:  In the case of –

(a) an individual, a fine not exceeding $1 250; or

(b) a body corporate, a fine not exceeding $6 000.

(3)  A person conducting a business or undertaking must keep the written evidence given to the person –

(a) under subregulation (1) , for at least 1 year after the diving work is carried out; and

(b) under subregulation (2) , for at least 1 year after the last occasion on which the person performs a function associated with the appointment.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $1 250; or

(b) a body corporate, a fine not exceeding $6 000.