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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 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 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. 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.

Article written by Ernie Kretschmer, MPAQ Technical Services Manager

PIPELINE OF AITC APPRENTICES PUTTING SAFETY FIRST

Safety is a vital lesson and value taught at the Australian Industry Trade College (AITC) to young people pursuing an industry pathway. It’s a fundamental cornerstone at the industrydriven school; young people must follow stringent safety protocols to protect themselves, their team, and the community.

Charlie Illes, a Year 12 leader at the AITC and first-year school-based plumbing apprentice, is a finalist in the in the upcoming 2021 Plumbing and Gas Industry Awards. Charlie has been working with Cargo Plumbing since early 2020 while completing his secondary schooling and takes safety seriously.

“At the AITC safety is drilled into you from the start. This is what you do every day,” says Charlie.

Standard safety protocol requires signing on whenever an employee arrives at a work site. Charlie says personal protective equipment (PPE) is the main priority to minimise risk to workers’ health and safety. “You’re always dealing with dangers as a plumber. We work with a lot of chemicals—so masks, glasses, and gloves are extremely important and used frequently.”

The young apprentice also relies on the site manager who oversees and directs a variety of projects from the beginning through to competition. “When you get to site in the morning the site manager lets you know what has to happen throughout the day and if there is anything to be aware of such as cranes or big trucks.”

Showing wisdom beyond his years, Charlie says there’s no room for people who take shortcuts. “You have to step back and take the time to be safe otherwise things can go wrong,” Charlie explains. “I’ve seen people fall into trenches and get hurt because someone has neglected to use barricades.”

Charlie says workers who are less safe are the ones who want to rush through their tasks to get home faster. “However, it’s important to always take that little bit of extra time. Think a few steps ahead to what you will be doing and make sure everything is safe because at the end of the day you want to go home in one piece.”

The Australian Industry Trade College helps young people find their passion and pursue that career through a school-based apprenticeship or traineeship. Years 10 to 12 students spend half their time completing their senior education at school, and the remainder in industry. With campuses across South East Queensland, the AITC is proud to connect industry with the finest apprentices.

To find out more, visit www.aitc.qld.edu.au.

Article provided by the Australian Industry Trade College (AITC)

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