Legislative Framework, Duty of Care and Licence Obligations
The legal layers you must know
Non-slewing mobile crane work sits inside a stack of obligations. At the top is general work health and safety law, which imposes a primary duty on the person conducting a business or undertaking (PCBU) to eliminate or minimise risks so far as is reasonably practicable, plus duties on officers, workers and other persons at the workplace. Under that sit the licensing provisions: a non-slewing mobile crane above a specified capacity is declared high risk work, and the operator must hold the correct class of high risk work licence. The model WHS Regulations also require the PCBU to ensure a licensed operator is used, to keep a register of licences, and to ensure the licence is current and for the right class. Below that sit the crane-specific duties: a documented lift study or risk assessment for the task, a competent person for inspection and maintenance, and compliance with the manufacturer's instructions.
Traps in exam questions
Three traps recur. First, the licence is personal - it cannot be lent, transferred or covered by the PCBU's own systems; the individual must carry or produce it on request. Second, being licensed is not the same as being competent for the particular crane, load and site; a licence is a minimum, not a guarantee. Third, duty of care is not satisfied by paperwork alone - the question usually tests whether a control was implemented, monitored and reviewed.
Worked rule of thumb
Use the hierarchy of control in order: eliminate the lift, then substitute (smaller crane, different method), then engineer (ground preparation, exclusion zones), then administrate (permits, procedures, training), then PPE last. If an answer option jumps straight to a sign or a spotter without addressing the hazard itself, it is usually the wrong option.