CITAB has become aware that WorkCover will cease the current arrangements for the issuing tickets for explosive powered tools and formwork/falsework as of February the first.

Repeal of formwork and explosive-powered tools

In preparation for the harmonisation of occupational health and safety (OHS) laws throughout Australia, WorkCover initiated a two-tiered review of the current requirements to hold a certificate of competency for formwork (FF) and the operation and use of explosive-powered tools (EPT) in NSW under Part 9.2 of the Occupational Health and Safety Regulation 2001 (OHS Regulation). NSW is currently the sole jurisdiction where EPT/FF is required to be licensed by an OHS regulatory agency.

Stakeholders were invited to submit written comment on three options proposed for the management of EPT/FF in the future. The options were:

• Base case – maintain Part 9.2 (status quo)
• Option 1 – delete Part 9.2 to align with other jurisdictions
• Option 2 - amend Part 9.2 to a 'comptent person' definition.

Submissions received both challenged and supported various aspects of Part 9.2 of the OHS Regulation, as well as identified a number of issues that have inhibited the effectiveness of EPT/FF certification in NSW.

In consideration of these submissions and a review of the three options for their impact on the government, industry and community, the analysis showed option 1 to be the preferred option. In addition, option 1 was supported on a qualitative basis due to the risks to health and safety arising from work involving formwork and explosive-powered tool operation being safeguarded via a number of alternative means.

Therefore, effective 1 February 2010:

• those undertaking EPT/FF no longer require a certificate of competency for that work
• WorkCover will no longer accept applications for a EPT/FF certificate of competency
• all RTO WorkCover NSW EPT/FF approvals will lapse
• employers and workers are to continue  to comply with the provisions of clause  233 of the OHS Regulation, and their general obligations under the Occupational Health and Safety Act 2000 and OHS Regulation.

These changes will bring NSW into line with other jurisdictions in Australia.

For further information, contact WorkCover on 13 10 50.