7.1.1 Current and changed requirements
WorkSafe WA provided a summary of the current and new requirements of this proposed change as set out below in Table 32.
Table 32: Current and changed requirements for plant – amusement devices
Current requirements New requirements
Employers, self-employed people, persons having control of the workplace or its access must ensure that amusement structures are:
operated, maintained and inspected and maintained:
i) in accordance with Australian Standard AS 3533 or a steamers code of practice; or
ii) in accordance with the instructions of the person who manufactured the structure or any competent person who develops instructions for the operation.
A competent person is defined as “a person who has acquired through training, qualification or experience, or a combination of those things, the knowledge and skills required to do that thing”.
The person with management or control of an amusement device at a workplace must ensure that a detailed inspection of it is carried out at least once every 12 months by a competent
person.
The definition of a competent person is prescribed as somebody who has: a) either the skills, qualifications, competence
and experience to inspect the plant and is registered under a law that provides for the
registration of professional engineers; or b) is determined by the regulator to be a
competent person.
The requirements for the annual inspection are detailed in the regulation. [Reg. 241].
WorkSafe WA
Work Health and Safety Regulations and Codes of Practice - Draft Companion Report to the Regulation Impact Statement 102.
7.1.2 Background
WorkSafe WA commented informally that in implementing this regulation they currently propose to rely on the professional qualifications, per part (a) of the proposed new requirement rather than determine that a person is competent under part (b).
Industries involved
Businesses working in the amusement sector, and organisations, community groups and councils hosting events that include amusement devices will be affected by this change. A cohort of competent persons will need to be identified or certified.
Nature and size of businesses
It will mostly be small businesses affected by this change, such as circuses and amusement centre operators. It will also apply to theme parks. Sole traders who rent out slides, inflatable jumping castles, mechanical bucking bulls and similar will be likewise affected.
7.1.3 Summary of benefits and costs from change
Input from industry
Industry will need to bear the cost of the annual inspection by a competent person. The Australian Industry Group indicated that the WHS Strategic Issues Group agreed to a proposal to amend the definition of a competent person for amusement devices.
Carnival Amusements suggested that there is currently only one individual who is deemed to be competent under the existing legislation – but he does not have an engineering qualification – so he may, in fact, not be deemed competent under the proposed regulations. However, WorkSafe WA later separately clarified that this person does have appropriate engineering qualifications. The Shire of Donnybrook-Balingup queried whether school playground equipment would fall under the definition of amusement devices. However, WorkSafe WA later clarified that this proposed change does not relate to school playground equipment. During consultations it was noted that this change may have an effect on local governments hosting festivals of one form or another.
Input from WorkSafe
WorkSafe WA will need to ensure capacity to define whether current and future amusement equipment will fall under the scope of this revised requirement. Although WorkSafe WA proposed to rely on a general definition of ‘competent person’, there may be a need in the future for WorkSafe WA to certify someone as a competent person to conduct an annual inspection. WorkSafe WA will need to ensure a registration process to confirm that annual inspections have been carried out as required.
Summary of benefits
An annual inspection will help ensure that amusement equipment remains safe for use and is adequately maintained.
WorkSafe WA
Work Health and Safety Regulations and Codes of Practice - Draft Companion Report to the Regulation Impact Statement 103.
Summary of costs
Costs will be limited to the cost of annual inspections for each relevant piece of equipment in the state, as well as any necessary expenditure to reach deemed safety and performance requirements.
7.1.4 Assessment against criteria
Benefit Cost Analysis
As there were insufficient data available, a benefit cost analysis for Plant – amusement devices was unable to be conducted.
Equity / Competition
For local governments located in regional or rural parts of Western Australia, having access to an appropriately trained engineer to inspect the equipment for local community carnivals and events may prove difficult if there is a shortage in any particular geographical area.
For small businesses within the amusement device industry, particularly sole traders who rent out equipment for private parties and events, there will be significant costs associated with compliance. Small businesses would most likely pass on these extra costs to consumers,
reducing their business competitiveness in the market and potentially making business operation unfeasible.
Unintended consequences
No unintended consequences were identified.
Transitional
It would appear that delaying implementation by 3 to 5 years would be necessary to allow an appropriate window to notify businesses and to ensure appropriately qualified individuals are available for this task. A consideration is whether the change would apply retrospectively and if there will be recognition of prior training so that those that were deemed “competent”
previously would still be able to continue this task and every year going forth.
7.1.5 Direction
The proposed change should be rejected.
The few qualitative responses collected during the consultation process were strongly adverse to the change. Further consideration around the requirements of the regulation and the transitional provisions may be necessary.
WorkSafe WA
Work Health and Safety Regulations and Codes of Practice - Draft Companion Report to the Regulation Impact Statement 104.