​In their 15 June news alert, WorkSafe provided further advice on the licence requirement for earthmoving equipment used as a crane as follows:

The Work Health and Safety (General) Regulations 2022 (WHS General Regulations) impose a new requirement for the operators of earthmoving machinery to hold a high risk work licence (HRWL) for crane operation if the equipment is used as a crane

The WorkSafe Commissioner has consulted with industry regarding the impact of the new requirements, and amendments to the WHS Regulations have been approved by the Minister for Industrial Relations to:

• remove the requirement for an High Risk Work Licence (HRWL) when earthmoving machinery that has a rated safe working load of three tonnes or less is used as a crane; and

• for earthmoving machinery exceeding a rated safe working load of three tonnes, the HRWL requirement will be modified to align with the nature of the machinery to be operated:

• for equipment that is non-slewing the appropriate HRWL will be "crane and hoist operation, non-slewing mobile crane" (CN); and

• for equipment that is capable of slewing, the appropriate HRWL will be "crane and hoist operation, mobile crane, basic" (C2).

A two-year transition period will be implemented for HRWLs from commencement of the WHS laws. This means the operators of the earthmoving machinery will not require the HRWL until after 30 March 2024.

Until the new amendments come into force, the WorkSafe Commissioner will apply the principles in the Statement of Regulatory Intent to the earthmoving crane HRWL requirements at workplaces where the WHS General Regulations and WHS Mines Regulations apply. 

The Minister for Industrial Relations has also asked the WorkSafe Commissioner to undertake broad industry consultation with affected industries to develop the best approach to implement the earthmoving machinery requirement for an HRWL during the transition period.

For more information and support talk to the LGIS Risk Services Team or your regional risk coordinator.