Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p14
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 14/70)
Character Range: 3149678–3152670

50 penalty units.

138.075  Key personnel cannot carry out responsibilities
 (1) An aerial work operator contravenes this subregulation if:
 (a) the operator becomes aware that any of its key personnel cannot carry out, or is likely to be unable to carry out, the person's responsibilities for a period of longer than 30 days; and
 (b) the operator does not tell CASA of the matter mentioned in paragraph (a) within the time mentioned in subregulation (2).
 (2) For paragraph (1)(b), the time is:
 (a) if there is not another person authorised to carry out the responsibilities for all or part of the period—24 hours after the operator becomes aware of the matter; or
 (b) if there is another person authorised to carry out the responsibilities for all or part of the period—3 days after the operator becomes aware of the matter.
 (3) A person commits an offence if the person contravenes subregulation (1).
Penalty: 50 penalty units.

138.080  Familiarisation training for key personnel
  An aerial work operator must ensure that, before a person appointed as any of the operator's key personnel begins to carry out the responsibilities of the position, the person has completed any training that is necessary to familiarise the person with the responsibilities.

138.085  Responsibilities and accountabilities of chief executive officer
 (1) The chief executive officer of an aerial work operator's organisation is responsible for the following:
 (a) ensuring that, for the safe conduct of the operator's aerial work operations in accordance with the operator's aerial work certificate and operations manual, and the civil aviation legislation, the operator:
 (i) has sufficient suitably experienced, qualified and competent personnel; and
 (ii) has a suitable management structure; and
 (iii) is adequately financed and resourced;
 (b) ensuring that the operator:
 (i) sets and maintains standards for the operations in accordance with the operator's operations manual; and
 (ii) complies with the civil aviation legislation; and
 (iii) for each foreign registered aircraft (if any) used in the operations—maintains the aircraft in accordance with the law of the country in which the aircraft is registered; and
 (iv) has procedures that ensure that all of the operator's personnel understand the operator's safety policy; and
 (v) has processes for identifying and addressing deficiencies in the operator's aerial work operations;
 (c) if the operator is required to have a safety management system—ensuring that the operator:
 (i) implements and manages the operator's safety management system; and
 (ii) has an organisational structure that ensures that the safety manager is independent and not subject to undue influence;
 (d) establishing and regularly reviewing the operator's safety performance indicators and targets;
 (e) ensuring that the operator's operations manual is monitored and managed for continuous improvement;
 (f) ensuring that key personnel satisfactorily carry out