Western Australian Consolidated Regulations

OCCUPATIONAL SAFETY AND HEALTH REGULATIONS 1996 - REG 3.109

3.109 .         Measures to protect people at risk due to excavation

        (1)         If, at a workplace where excavation work is to be done, any person is at risk of injury because of the excavation work then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that —

            (a)         suitable barriers are erected between the person at risk and the likely cause of the danger; and

            (b)         suitable signs that warn of the risk are erected at the place where the excavation work is to be done.

        (2)         If, at a workplace, there is an excavated area in, around, or across the top of, which persons can move or plant can be moved then a person who, at the workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure, as far as is practicable, that —

            (a)         persons can move safely in, around, and across the top of, the area; and

            (b)         plant can be moved safely in, around, and across the top of, the area.

        Penalty applicable to subregulations (1) and (2): the regulation 1.16 penalty.

        [Regulation 3.109 inserted in Gazette 6 Jan 2006 p. 12.]