306Additional controls – trenches

306 Additional controls – trenches

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

Penalty:  In the case of –

(a) an individual, a fine not exceeding $6 000; or

(b) a body corporate, a fine not exceeding $30 000.

(2)  In complying with subregulation (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 risk to any person arising from the collapse of the trench by ensuring that all sides of the trench are adequately supported by doing 1 or more of the following:

(a) shoring by shielding or other comparable means;

(b) benching;

(c) battering.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $6 000; or

(b) a body corporate, a fine not exceeding $30 000.

(4)  Subregulation (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 subregulation (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.