This application is for persons seeking to be recognised as a ‘competent person’ under the Work Health and Safety (General) Regulations 2022 (WHS Regulations) to conduct inspections of;

• r. 235(1B) (b) Mobile and tower cranes – major inspection, or;
• r. 241(1A) (c) Amusement devices or passenger ropeways – Annual inspection

If the person applying for the determination meets the requirements of r. 235(1B) (a) or r. 241 (1A) (b) of the WHS Regulations then this form is not required as the person already meets the requirements of r. 235 (1B) or r. 241 (1A) respectively.

If the person applying for determination meets the requirements of r. 241 (1A) (a):

• a ‘competent person’ need only demonstrate that they have acquired through training, qualifications or experience the knowledge and skills to inspect these types if devices, and;
• is only inspecting inflatable amusement devices with a platform height less than 9 metres;

the person does not need to submit this form as they already meet the requirements of the regulations.

The WHS Regulations also provide that the regulator can make a determination that someone is a ‘competent person’ to conduct the required inspections. This will generally be considered in exceptional circumstances, for example:

• where there may be a demonstrated shortage of Professional Engineers to conduct the required inspection, or where the plant is located in a remote area where there are no Professional Engineers that are resident in the area or are prepared to provide the inspection service in that area.

WorkSafe will consider a range of criteria before deciding on an application for a determination that a person is a ‘competent person’ for these inspections, including:

• what knowledge the person has about the type of plant to be inspected, including relevant non-destructive examination techniques;
• what relevant professional industry experience the person has had and any membership of relevant professional organisations;
• referee support; and
• the person’s understanding of the requirements of work health and safety laws.

Full details of the criteria to be assessed are included in section 3 of this form.

Applications for a determination can be made by:

• the person with management or control of the relevant type of plant who is required to ensure the inspections are conducted by a ‘competent person’, or
• a person wishing to be determined as a ‘competent person’ so that they can conduct the inspections.

This application is to be completed in full and sent along with any accompanying documents or evidence to safety@dmirs.wa.gov.au.

The applicant may be required to attend an interview or provide other information before a decision is made.

Determinations made by the regulator may include conditions.

A fee ($325) is payable for this application; an officer will contact the applicant to arrange payment.