Additional controls – trenches
306 Additional controls – trenches
(1) A person conducting a business or undertaking, who proposes to excavate a trench at least 1.5 m deep must ensure, so far as is reasonably practicable, that the work area is secured from unauthorised access (including inadvertent entry).
Maximum penalty:
in the case of an individual – $6 000.
in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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
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 one or more of the following:
shoring by shielding or other comparable means;
benching;
battering.
Maximum penalty:
in the case of an individual – $6 000.
in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
An advice under subregulation (4):
(a) may be subject to a condition that specified natural occurrences may create a risk of collapse; and
must state the period of time to which the advice applies.
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