304Excavation work – underground essential services information

304 Excavation work – underground essential services information

(1)  This regulation applies in relation to a part of a workplace where excavation work is being carried out and any 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 subregulation (1) before directing or allowing the excavation work to commence.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $3 600; or

(b) a body corporate, a fine not exceeding $18 000.

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

Penalty:  In the case of –

(a) an individual, a fine not exceeding $3 600; or

(b) a body corporate, a fine not exceeding $18 000.

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

Penalty:  In the case of –

(a) an individual, a fine not exceeding $3 600; or

(b) a body corporate, a fine not exceeding $18 000.

| 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 subregulation (2) is available for inspection under the Act for the period specified in subregulation (6) .

Penalty:  In the case of –

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