Chapter 9 of the Occupational Health and Safety Regulation 2001 requires people to hold a relevant certificate of competency before operating certain equipment and machinery, or undertaking certain tasks.
Applicants must:
- be at least 18 years of age (unless exempted by WorkCover)
- truthfully complete the appropriate WorkCover application form
- be assessed by an accredited certificate assessor
- provide documentary evidence of competence
- pay the set fee.
Application forms will be provided by your accredited assessor at the time of your assessment.
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Documentary evidence of competency is:
- a valid ‘Notice of Satisfactory Assessment’ issued by an accredited certificate assessor.
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Practical experience is needed to enable trainees to learn how to operate industrial equipment safely. The best place to learn is on the job, under instruction from experienced operators. Uncertificated trainees are permitted to operate equipment provided they are under direct supervision and maintain a logbook.
The person directly supervising the operation must hold the necessary certificate or hold equivalent qualifications. A log book must be maintained as a record of training. Direct supervision generally means that the trainee is within sight and sound of the person supervising the work.
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Nationally uniform Certificates of Competency issued by WorkCover are automatically recognised throughout Australia. Certificates do not have to be changed over to work interstate.
Nationally uniform certificates issued by another state certifying authority allow the holder to work automatically in NSW.
Although some States and Territories do not issue certificates for the operation of all classes of loadshifting, certificates issued in NSW on a national card will be recognised as evidence of a person’s competency in this area. A person coming from a State or Territory which does not issue loadshifting equipment certificates must obtain a Certificate of Competency in NSW. This is acheived by undertaking an assessment with an accredited assessor.
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Certificates of Competency can be cancelled or suspended if:
- the holder is found to be no longer competent to do the work covered by their certificate
- the holder is convicted of an offence related to work covered by the certificate
- the certificate is gained using false or misleading information.
Certificates issued by WorkCover can be cancelled or suspended by WorkCover.
Certificates issued by another state certifying authority may be cancelled or suspended on advice given to the certifying authority by WorkCover. A NSW certificate may be cancelled or suspended on advice received by WorkCover from another state certifying authority.
Before any of these things happen, a written notice will be sent out advising the holder of their rights. If a decision is taken to suspend or cancel a certificate, there is a right of appeal. Cancelled NSW certificates must be surrendered to WorkCover within 14 days.
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WorkCover has the power to exempt a person or a group of persons from the need to hold a Certificate of Competency for the work normally requiring a certificate.
These requests for exemptions must be made in writing and are only granted where WorkCover is satisfied that such an exemption will not increase the risks to health and safety. WorkCover can also revoke exemptions.
Any person can apply to WorkCover to be exempted from the need to hold a certificate or to be exempted from the need to be at least 18 years of age to gain a certificate. A fee is involved for processing applications.
An Application for Exemption form can be downloaded at the end of this page, or can be obtained from WorkCover offices.
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Appeals to WorkCover against a decision of a accredited certificate assessor must be lodged in writing within 14 days of the day the certificate assessor's written notice was made.
Appeals to WorkCover may also be made against a decision to:
- refuse to grant a certificate
- refuse to replace a certificate
- cancel or suspend a certificate
- recommend to an interstate certifying authority the suspension or cancellation of an interstate certificate