9 minute read
Apprentices
APPRENTICES APPRENTICES WHAT CAN AN APPRENTICE DO ON SITE? WHAT CAN AN APPRENTICE DO ON SITE?
The industry is currently experiencing an increase in employers sending out an apprentice, on their own to perform regulated work without supervision, usually because they are seen as being cheaper than a qualified tradesperson.
Unfortunately, what employers and apprentices do not realise is that this practice is not just something that shouldn’t be done, not fair on the paying customer, and potentially dangerous to health and safety of the apprentice and the community, it is also illegal with the potential to attract large fines or jail time for employers/supervisors.
As an example, a third-year apprentice is provided with a work vehicle and mobile phone and told they are on call at the weekend. Over the course of the weekend, they might unblock four drains and replace a water heater and two kitchen mixer taps, all without the required supervision of a licensed tradesperson. In this hypothetical example, the employer and/or supervisor is guilty of contravening the Plumbing and Drainage Act 2018 and can potentially be fined for seven offences as listed in the clauses below.
Apprentices require direct supervision—this means a licensed person is there on site with them, directly supervising them. This does not mean you have to stand over the apprentice 24/7 but you must be with them to provide guidance and support. For example, an apprentice could be performing work in the bathroom while the tradesperson works in the kitchen. It would not mean the apprentice works on floor one whilst the tradesperson works on floor seven.
It’s a far cry from the entire plumbing fraternity but certain members of our industry need to realise that apprentices are not cheap labour but the future of the industry who require mentoring, guidance, instruction, and supervision from their peers.
The industry is currently experiencing an increase in employers sending out an apprentice, on their own to perform regulated work without supervision, usually because they are seen as being cheaper than a qualified tradesperson.
Unfortunately, what employers and apprentices do not realise is that this practice is not just something that shouldn’t be done, not fair on the paying customer, and potentially dangerous to health and safety of the apprentice and the community, it is also illegal with the potential to attract large fines or jail time for employers/supervisors.
As an example, a third-year apprentice is provided with a work vehicle and mobile phone and told they are on call at the weekend. Over the course of the weekend, they might unblock four drains and replace a water heater and two kitchen mixer taps, all without the required supervision of a licensed tradesperson. In this hypothetical example, the employer and/or outlined supervisor is guilty of contravening the Plumbing and Drainage Act 2018 and in this article (right). can potentially be fined for seven offences as listed in the clauses below.
Apprentices require direct supervision—this means a licensed person is there on site with them, directly supervising them. This does not mean you have to stand over the apprentice 24/7 but you must be with them to provide guidance and support. For example, an apprentice could be performing work in the bathroom while the tradesperson works in the kitchen. It would not mean the apprentice works on floor one whilst the tradesperson works on floor seven.
It’s a far cry from the entire plumbing fraternity but certain members of our industry need to realise that apprentices are not cheap labour but the future of the industry who require mentoring, guidance, instruction, and supervision from their peers.
The Plumbing and Drainage Act 2018 states:
56 Carrying out work without appropriate licence The Plumbing and Drainage Act 2018 states:
1. Subject to section 58, a person must not carry out plumbing or 56 Carrying out work without appropriate licence 1. drainage work unless the person holds a licence for the work. Subject to section 58, a person must not carry out plumbing or
Maximum penalty— drainage work unless the person holds a licence for the work. a. for a first offence—250 penalty units; orMaximum penalty— b. a. for a second offence—300 penalty units; or for a first offence—250 penalty units; or c. b. for a third or later offence, or if the plumbing or drainage for a second offence—300 penalty units; or c. work is grossly defective work—350 penalty units or 1 year’s for a third or later offence, or if the plumbing or drainage imprisonment. work is grossly defective work—350 penalty units or 1 year’s
Note— A person may be required to hold a contractor’s licence imprisonment. under the Queensland Building and Construction Commission Act Note— A person may be required to hold a contractor’s licence 1991 in addition to a licence under this Act to lawfully carry out under the Queensland Building and Construction Commission Act particular plumbing or drainage work. See section 42 of the Act. 1991 in addition to a licence under this Act to lawfully carry out 2. An individual who contravenes subsection (1) and is liable particular plumbing or drainage work. See section 42 of the Act. 2. to a maximum penalty of 350 penalty units or one year’s An individual who contravenes subsection (1) and is liable imprisonment commits a crime. That’s a maximum penalty of 300 to a maximum penalty of 350 penalty units or one year’s penalty units. One penalty unit = $137.85. imprisonment commits a crime. That’s a maximum penalty of 300 300 penalty units = $41,355.00 maximum per offence for the penalty units. One penalty unit = $137.85. employer directing an apprentice to perform work for which a licence 300 penalty units = $41,355.00 maximum per offence for the is required (or one year in jail). employer directing an apprentice to perform work for which a licence 57 Supervising or directing work without appropriate licence is required (or one year in jail). 1. Subject to section 58, a person (a supervisor) must not supervise 57 Supervising or directing work without appropriate licence 1. another person carrying out plumbing or drainage work unless the Subject to section 58, a person (a supervisor) must not supervise supervisor holds a licence for the work. another person carrying out plumbing or drainage work unless the
Maximum penalty— supervisor holds a licence for the work. a. for a first offence—250 penalty units; orMaximum penalty— b. a. for a second offence—300 penalty units; or for a first offence—250 penalty units; or c. b. for a third or later offence, or if the plumbing or drainage work for a second offence—300 penalty units; or c. is grossly defective work—350 penalty units or one year’s for a third or later offence, or if the plumbing or drainage work imprisonment. is grossly defective work—350 penalty units or one year’s 2. Subject to section 58, a licensee must not supervise another imprisonment. 2. person carrying out plumbing or drainage work unless the other Subject to section 58, a licensee must not supervise another person holds a licence for the work. person carrying out plumbing or drainage work unless the other
Maximum penalty— person holds a licence for the work. a. for a first offence—250 penalty units; orMaximum penalty— b. a. for a second offence—300 penalty units; or for a first offence—250 penalty units; or c. b. for a third or later offence, or if the plumbing or drainage work for a second offence—300 penalty units; or c. is grossly defective work—350 penalty units or one year’s for a third or later offence, or if the plumbing or drainage work imprisonment. is grossly defective work—350 penalty units or one year’s 3. Subject to section 58, a licensee must not direct another person imprisonment. 3. to carry out plumbing or drainage work unless the other person Subject to section 58, a licensee must not direct another person holds a licence for the work. to carry out plumbing or drainage work unless the other person
Maximum penalty— holds a licence for the work. a. for a first offence—250 penalty units; orMaximum penalty— b. a. for a second offence—300 penalty units; or for a first offence—250 penalty units; or c. b. for a third or later offence, or if the plumbing or drainage work for a second offence—300 penalty units; or c. is grossly defective work—350 penalty units or one year’s for a third or later offence, or if the plumbing or drainage work imprisonment. is grossly defective work—350 penalty units or one year’s 4. For subsections (1) and (2), a person (a consumer) is taken not to imprisonment. 4. supervise another person carrying out plumbing or drainage work For subsections (1) and (2), a person (a consumer) is taken not to only because the consumer entered into a contract for carrying supervise another person carrying out plumbing or drainage work out the plumbing or drainage work, other than a contract of only because the consumer entered into a contract for carrying employment. out the plumbing or drainage work, other than a contract of 5. An individual who contravenes subsection (1), (2) or (3) and is employment. 5. liable to a maximum penalty of 350 penalty units or one year’s An individual who contravenes subsection (1), (2) or (3) and is imprisonment commits a crime. liable to a maximum penalty of 350 penalty units or one year’s
If you have any questions, please contact the MPAQ imprisonment commits a crime.
Technical team on 07 3273 0800. If you have any questions, please contact the MPAQ
Article written by Ernie Kretschmer, MPAQ Technical Services Manager Technical team on 07 3273 0800.Deputy Executive Director, MPAQ Article written by Ernie Kretschmer, MPAQ Technical Services Manager Note: this article is a reprint from the Spring 2021 edition.
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