Part 4.5: WHS High Risk Work Licences

Regulatory citation: Model Work Health and Safety Regulations, Part 4.5, High risk work, and Schedule 3, High risk work licences and classes of high risk work

What Are High Risk Work Licences?

Part 4.5 of the model Work Health and Safety Regulations sets up a national licensing scheme for "high risk work." Schedule 3 lists the licence classes. They cover scaffolding (basic, intermediate and advanced), dogging, rigging (basic, intermediate and advanced), a range of cranes and hoists, boom-type elevating work platforms with a boom longer than 11 meters, concrete placing booms, reach stackers, forklift and order-picking forklift trucks, and pressure equipment such as boilers, steam turbines and reciprocating steam engines.

Licences are issued by the WHS regulator to applicants aged 18 or over and are recognized across jurisdictions.

Why High Risk Work Licensing Matters

Crane collapses, dropped loads, scaffold failures and forklift rollovers cause some of the most serious worksite incidents. Licensing confirms the operator has passed a national assessment for that exact type of plant or work.

Core Obligations

1. Hold the Right Licence (Regulation 81 and Schedule 3)

A person must not carry out a class of high risk work unless they hold a high risk work licence for that class. The licence must match the work. A forklift licence does not cover an order-picking forklift.

2. Know the Exceptions (Regulation 82)

A licence is not needed while a person is doing the work as part of a training course toward certification and is supervised by someone who holds the relevant licence. A person who has been assessed as competent and has applied for the licence within the allowed period may also keep working while the application is decided. Narrow exceptions also cover tasks such as testing or maintaining plant.

3. Supervise Trainees Directly (Regulation 84)

When an unlicensed trainee does high risk work under the training exception, the PCBU must make sure the licensed supervisor provides direct supervision. Lower levels of supervision are allowed only where direct supervision is impracticable or unnecessary, or would itself create a risk.

4. Do Not Direct Unlicensed Workers (Regulation 85)

A PCBU must not direct or allow a worker to carry out high risk work unless it has seen written evidence that the worker holds the right licence, is enrolled in training, or has the required certification and a pending application. The same applies to the person supervising a trainee. The PCBU must keep a record of that evidence for at least one year.

5. Keep the Licence Available (Regulation 94)

A licence holder must keep their licence available for inspection while doing the licensed work. The exception is when the licence has been returned to the regulator for amendment or a replacement has been requested.

6. Meet Ongoing Licence Holder Duties (Regulations 96 to 98)

Licence holders must tell the regulator in writing of a change of address within 14 days, return the licence if the regulator asks for it in writing, and report a lost, stolen or destroyed licence as soon as practicable.

7. Renew Before Expiry (Regulations 101 to 103)

A licence lasts five years. If an application to renew is made before expiry, the licence stays in force until the regulator decides. Once a licence has been expired for more than 12 months, it generally cannot be renewed and the person must be reassessed.

Common Compliance Approaches

Maintain a Licence Register

Record each worker's licence number, classes and expiry date, keep a copy of the evidence sighted, and set renewal reminders.

Verify Licences Online at Onboarding

Most regulators offer an online licence check. Use it at induction, including for labor-hire workers.

Watch for Class Changes

Safe Work Australia has agreed crane licensing amendments, including removing reach stackers and some other cranes from what slewing mobile crane licences cover. Commencement depends on each jurisdiction, so check local rules.

Example: High Risk Work Licences in Practice

A warehouse hires an operator for its counterbalance forklifts and an order picker. The online check shows the licence covers only the LF class. The business lets the operator use the counterbalance trucks, enrolls them in LO training and has a licensed operator directly supervise all order-picker work until the new class is added.

Related regulations: WHS plant and structures, WHS principal contractor duties, OSHA forklift standard.

Note: This summary is based on the model WHS laws published by Safe Work Australia. The model laws only take effect when a state or territory adopts them through its own legislation. All jurisdictions except Victoria have done so, with Western Australia adopting them from 31 March 2022, and some include local variations. Victoria has its own OHS laws. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

Can someone operate a forklift while still training?

Yes, if they are enrolled in a course for that class and a licensed operator supervises them. The PCBU must sight written evidence of both.

Is a licence from one state valid in another?

Yes. Licences are recognized across jurisdictions, but the holder must follow any conditions and local rules.

How long is a high risk work licence valid?

Five years. Apply to renew before it expires. If it has been expired for more than 12 months, you will generally need to be reassessed.