(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 for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(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 the 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 for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(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.