WHAT CAN AN APPRENTICE DO ON SITE?

We all know that under Queensland legislation, plumbing and drainage apprentices require direct supervision, provided by a tradesperson, writes

Ernie Kretschmer, MPAQ Technical Services Manager.

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 during 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 businesses in 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

1. Subject to section 58, a person must not carry out plumbing or drainage work unless the person holds a licence for the work.

Maximum penalty— a. for a first offence—250 penalty units; or b. for a second offence—300 penalty units; or c. for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.

Note— A person may be required to hold a contractor’s licence under the Queensland Building and Construction Commission Act 1991 in addition to a licence under this Act to lawfully carry out particular plumbing or drainage work. See section 42 of the Act.

2. An individual who contravenes subsection (1) and is liable to a maximum penalty of 350 penalty units or one year’s imprisonment commits a crime. That’s a maximum penalty of 300 penalty units. One penalty unit = $137.85. 300 penalty units = $41,355.00 maximum per offence for the employer directing an apprentice to perform work for which a licence is required (or one year in jail).

57 Supervising or directing work without appropriate licence

1. Subject to section 58, a person (a supervisor) must not supervise another person carrying out plumbing or drainage work unless the supervisor holds a licence for the work.

Maximum penalty— a. for a first offence—250 penalty units; or b. for a second offence—300 penalty units; or c. for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or one year’s imprisonment.

2. Subject to section 58, a licensee must not supervise another person carrying out plumbing or drainage work unless the other person holds a licence for the work.

Maximum penalty— a. for a first offence—250 penalty units; or b. for a second offence—300 penalty units; or c. for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or one year’s imprisonment.

3. Subject to section 58, a licensee must not direct another person to carry out plumbing or drainage work unless the other person holds a licence for the work.

Maximum penalty— a. for a first offence—250 penalty units; or b. for a second offence—300 penalty units; or c. for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or one year’s imprisonment. health and safety (WHS) management system designed to provide MPAQ members with a clear, quick and compliant system to manage WHS in their businesses. health and safety (WHS) management system designed to provide a clear, quick, and compliant system to manage WHS in their businesses.

4. For subsections (1) and (2), a person (a consumer) is taken not to supervise another person carrying out plumbing or drainage work only because the consumer entered into a contract for carrying out the plumbing or drainage work, other than a contract of employment.

5. An individual who contravenes subsection (1), (2) or (3) and is liable to a maximum penalty of 350 penalty units or one year’s imprisonment commits a crime.

If you have any questions, please contact the MPAQ Technical team on 07 3273 0800.

Why MPAQ Safety?

Why MPAQ Safety?

The complexity of managing health and safety obligations is an ongoing frustration for small businesses, especially in hazardous industries like plumbing, drainage and gas fitting where risks are more pronounced and there are greater safety obligations on employers. Complying with Australia’s strict WHS laws is a must – failing to do so could mean huge penalties and in extreme cases, jail.

drainage, and gas fitting where risks are more pronounced and

To cut through this complexity, MPAQ is offering members a simple system to manage their health and safety obligations, particularly in relation to the creation of Safe Work Method Statements (SWMS), which can be created in less than five minutes through the MPAQ Safety platform.