Licence to Perform High Risk Work
Frequently Asked Questions
Licence to Perform High Risk Work - Primary Producers and Forestry Operators
You and your employees must be licensed to operate a forklift from 1 July 2008.
It is compulsory for forklift operators working in primary production or forestry operations to hold a Licence to Perform High Risk Work from 1 July 2008. WorkSafe is currently offering rebates to assist eligible operators to obtain their licence in preparation for this new requirement.
Following are answers to commonly asked questions about the licence and rebate program.
What is a Licence to Perform High Risk Work?
A Licence to Perform High Risk Work is issued by WorkSafe under the Occupational Health and Safety Regulations 2007 to people working with high risk plant and equipment.
Forklifts are one of 29 classes of plant and equipment that now require a Licence to Perform High Risk Work. See the full list of HUlicence classesUH.
It is the operator’s responsibility to ensure they are licensed, by achieving the required standards of competency and safe operation as determined by a Licence Assessor. You must be licensed to perform any type of high risk work (e.g. scaffolding and rigging, operating cranes and forklifts, and using boilers and other pressure equipment)
Why do forklift operators in our industry need a licence?
Under the old regulations, primary producers and forestry operators did not require a certificate or licence to operate a forklift for some operations.
The regulations, which changed to align with national standards, better recognise the skills and responsibilities of people operating high risk equipment. The new licensing system ensures:
· a competency based licence for forklift operators, which must be renewed every five years,
· protection against identity fraud through photo identification and security checks during the application process, and
· national consistency, allowing you to work anywhere in Australia.
Do I need a licence to operate a tractor with a fork attachment?
No. The operation of a tractor with a mast attachment is excluded from the regulations and does not require a licence.
How do I apply for a licence?
The Licence to Perform High Risk Work New or Additional Class Application – L2 form is available from the HUWorkSafe Advisory ServiceUH or at participating HUAustralia Post outlets. U
Before you can submit a licence application, you must be assessed by an authorised Licence Assessor.
Completed applications can be submitted at participating Australia Post outlets, and must include:
· the original green Notice of Assessment (provided by your Licence Assessor),
· the original Licence to Perform High Risk Work New or Additional Class Application – L2 form,
· a HUpassport size photoUH,
· original HUproof of identity documentsUH, and
· any current Certificate(s) or Licence to Perform High Risk Work for other classes of plant or equipment (this will be returned after being checked by an Australia Post representative).
How do I arrange a licence assessment?
To be assessed for a forklift licence, you must:
· contact an authorised HULicence AssessorUH to assess your competency, and
· bring a HUpassport size photoUH and photo identification e.g. your driver’s licence or passport (original and photocopy) to your assessment.
A Licence Assessor will:
· complete the Licence to Perform High Risk Work Assessment Record - L1 form,
· check your identification,
· carry out your assessment, and
· complete one Notice of Assessment for each class of licence.
If you are deemed competent, the Licence Assessor will provide you with two copies of the Notice of Assessment: a green original to be submitted with your application and a pink assessment summary to be retained as proof of competency until you receive your Licence.
Should you be deemed not yet competent, the Licence Assessor will provide you with the pink assessment summary only, which you will need to take to your re-assessment.
What is the primary producer/forestry operator licence rebate program?
WorkSafe is offering a limited rebate to forklift operators previously excluded from the legal requirement to hold a Certificate of Competency prior to 1 July 2007. The rebate will cover both the assessment cost and the license fee. The rebate is for forklift licence classes only.
While each licence holder is responsible for their own assessment and licence costs, eligible employers can nominate up to three (3) employees per workplace to receive the rebate for successfully obtaining their forklift licence.
Licence applicants are advised to speak to their employer to seek the rebate prior to arranging a licence assessment.
Licence holders can not claim the rebate on their licence and assessment costs without prior written approval from Worksafe Victoria’s Licensing Branch.
To be considered, rebate applications must be received at WorkSafe by 30 June 2008.
How much will it cost operators to obtain their licence?
The cost of assessment will be advised by your HULicence AssessorUH. The fee for a new Licence to Perform High Risk Work is $60.
Is my workplace eligible to apply for the rebate?
The rebate is limited to eligible primary producer/forest operator employers as defined by the HUAustralian Taxation OfficeUH:
“A primary producer or forestry operator is an individual, trust or company carrying on a primary production business alone or in partnership. You are a primary producer if you carry on a business of:
· cultivating or propagating plants, fungi or their products or parts – including seeds, spores, bulbs and similar things – in any physical environment
· maintaining animals for the purpose of selling them or their bodily produce – including natural increase
· manufacturing dairy produce from raw material that you produced
· conducting operations relating directly to taking or catching fish, turtles, dugong, bêche-de-mer, crustaceans or aquatic molluscs
· conducting operations relating directly to taking or culturing pearls or pearl shell
· planting or tending trees in a plantation or forest that are intended to be felled
· felling trees in a plantation or forest, or
· transporting trees or parts of trees that you felled in a plantation or forest to the place:
o where they are first to be milled or processed, or
o from which they are to be transported to the place where they are first to be milled or processed.”
How do I apply for the rebate for my employees?
Primary producers and forestry operators whose employees require the new licence must apply in writing to WorkSafe’s Licensing Branch before 30 June 2008, nominating up to three (3) employees to receive the rebate of assessment and licence fees. Download the HURebate Application Letter UHtemplate.
Applicants (i.e. employers) are required to provide a Statutory Declaration confirming they are a primary producer for taxation purposes or provide a copy of the Australian Taxation Office “private binding ruling” confirming their primary producer status, as well as confirming they were previously exempt from holding a forklift licence before 1 July 2007.
The employer will receive a letter advising if the rebate request has been approved or rejected. If approved, a copy of the letter should be forwarded by the employer to each nominated licence applicant who can then proceed with the knowledge that they can obtain a rebate.
Please note that licence holders can not claim the rebate on their licence and assessment costs without prior written approval from Worksafe Victoria’s Licensing Branch.
How do new licence holders claim their approved rebate?
When a forklift operator receives their licence, they can apply to the WorkSafe Licensing Branch for their assessment and licence fees rebate. Download the HURefund Application Letter UHtemplate.
Licence holders will need to provide:
· a copy of the Primary Producers/Forestry Operators’ approval letter, showing them as a nominated applicant, and
· the original receipt from the Licence Assessor for their licence assessment.
Upon receipt, WorkSafe will reimburse the assessment and licence fees directly to the licence holder.
Will the licence have my photo on it?
Yes. For enhanced security, your new licence will resemble a driver’s licence complete with your photograph and a list of your high risk work classes. You will need to provide a HUpassport size photoUH of yourself when lodging your application at Australia Post. Alternatively, some Australia Post outlets can take your photo for an additional fee.
Do interstate authorities recognise a Victorian Licence to Perform High Risk Work?
Yes, a Licence to Perform High Risk Work that was issued in Victoria will be recognised and accepted in all Australian States and Territories.
Is it possible to transfer a licence that was issued interstate?
Yes, if you have an interstate-issued licence and now live in Victoria, you will be able to transfer to a Victorian Licence to Perform High Risk Work. Note that as this is an existing licence, the rebate does not apply.
Does WorkSafe Victoria recognise interstate licence holders?
Yes, an interstate-issued Licence to Perform High Risk Work (or equivalent) that is valid and current will be recognised in Victoria. An applicant with an interstate-issued Licence, wanting to add an additional class to their licence in Victoria, will need to transfer to a Victorian Licence to Perform High Risk Work.
Will I ever need to renew my Licence to Perform High Risk Work?
Yes. A licence will be valid for five (5) years from the date of issue, at which time it will need to be renewed. WorkSafe will issue a renewal notice to your last known postal address when your licence is due to be renewed.
What happens if I don't renew my licence on time?
Your licence will expire on the date shown on the card. You will not be able to perform the work covered by your licence unless it is current.
How much will it cost to renew my licence?
The cost to renew a Licence to Perform High Risk Work is $45.
Can licences be suspended or cancelled?
Licences or classes of licences issued by WorkSafe Victoria can be suspended or cancelled under Part 6.1.41 of the Occupational Health and Safety Regulation 2007 for the following reasons:
· the licence holder is no longer competent to do the work covered by their licence;
· the licence holder can no longer be relied on to do the work covered by their licence without endangering the health or safety of themselves or any other person;
· the licence holder fails to comply with any of the terms and conditions of the licence; or
· the licence was obtained on the basis of false or misleading information or a failure to disclose or provide required information.
Can I get a replacement if my Licence to Perform High Risk Work is lost, stolen or destroyed?
Yes, you need to contact WorkSafe Victoria’s Licensing Branch (email or phone 1300 852 562). A replacement fee of $45 applies.
WorkSafe will notify you by letter when your replacement card is ready for collection at your nominated Australia Post outlet. You will be required to take the letter to the HUAustralia Post outletUH in person, where the Customer Service Officer will check that you are the Licence holder.
What if my contact details change?
If your contact details change after applying for your Licence, you are required to notify WorkSafe Victoria’s Licensing Branch by submitting a HUChange of Personal DetailsUH form or by calling 1300 852 562.
What if I change my name?
If you change your name, you are required to notify WorkSafe Victoria’s Licensing Branch by submitting a HUChange of Personal DetailsUH form, together with proof of your name change. Documents accepted as proof are Marriage or Change of Name Certificates, which are issued by a State or Territory Registry of Births, Deaths and Marriages. You will need to submit certified copies of the originals.
Further information
Contact the WorkSafe Advisory Service:
Phone 03 9641 1555
Toll free 1800 136 089
Web HUworksafe.vic.gov.au/highriskwork
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