Updated August 12, 2025

Conduct Safe Lifting with Excavators course Class Exemptions published

• Worksafe has published exemptions from the new regulatory requirement (details below) to hold a C2 slewing mobile crane HRWL (and complete the C2 training course) to conduct the following work: 15A Use of slewing earthmoving machinery with a safe working load greater than 3 tonnes as a crane.

• Worksafe has ruled that operators must hold both a Dogging (DG) HRWL and SLELIC301 Conduct Safe Lifting with Excavators to qualify for the exemptions.

• Worksafe has also published a Statement of Regulatory Intent for the period August 10 – December 10, 2025. During this time it will generally take an educational approach to the relevant Regs.

• Worksafe has defined ‘safe working load’ as a machine’s rated capacity in its strongest configuration. This means the regulation will apply to smaller excavators than expected (potentially from around 5t operating weight).

• A number of RTOs are now delivering the Conduct Safe Lifting with Excavators course.

With the publication of the Class Exemptions, there are now two options for compliance with WHS Regulations Item 15A - use of slewing earthmoving machinery with a safe working load greater than 3 tonnes as a crane (WHS Regs, Schedule 3):

1. TLILIC0022 Licence to operate a slewing mobile crane (as per WHS regs Schedule 4); OR
2. SLELIC301 Conduct Safe Lifting with Excavators PLUS CPCCLDG3001 Licence to perform dogging.

Links to Worksafe publications

Exemption from requirement(s) of the Work Health and Safety (General) Regulations 2022

Exemption from requirement(s) of the Work Health and Safety (Mines) Regulations 2022

Statement of regulatory intent for period 10 August 2025 to 10 December 2025.

Using earthmoving machinery as a crane to suspend a load: Information sheet

Summary of the exemptions (General and Mines regs)

These exemptions have been granted from the requirement to hold a C2 HRWL to conduct the following work: 15A Use of slewing earthmoving machinery with a safe working load greater than 3 tonnes as a crane. The exemptions recognise that the Conduct Safe Lifting with Excavators course provides equivalent or better competency outcomes compared with the training required to obtain the C2 Mobile Crane HRWL prescribed in the Regs.

The exemption only applies under the following conditions:

• The machinery operator holds a Dogging (DG) HRWL;

• The machinery operator has undertaken the SLELIC301 Conduct Safe Lifting with Excavators unit and has been assessed as competent; and;

• The machinery operator has a copy of their statement of attainment for SLELIC301 readily available when conducting the Specified Work. This may be an electronic copy.

Summary of the Statement of Regulatory Intent (SORI)

The SORI is valid for the period 10 August 2025 to 10 December 2025 and covers operators of both non-slewing or slewing earthmoving machinery in respect of the requirements to hold a CN or C2 HRWL respectively. During this period WorkSafe will generally take an educational approach to the new HRWL requirements, rather than issuing compliance notices. However, Worksafe may take a compliance/enforcement approach if:

• It has concerns about an operator’s competency, for example following an incident involving operator error; or

• It has concerns that earthmoving equipment was not the most suitable machinery for the lifting task.

Definition of Safe Working Load

Worksafe’s Information Sheet has clarified that it defines ‘safe working load’ as the machine’s rated capacity in its strongest configuration – not in its weakest (most adverse) configuration, as is usually the case with excavators.

While it's good that Worksafe has finally clarified this, it is an unexpected interpretation. CCF WA advocated that the most relevant definition for the SWL (or rated capacity) of an excavator is in AS1418.8 (Section 5: Requirements for Earthmoving Equipment), i.e. the most adverse configuration. However, Worksafe has chosen to align its definition with AS 1418.5 (Part 5: Mobile cranes), which states that rated capacity varies according to the configuration. In effect, it has defined SWL as maximum rated capacity (typically this will be over front, minimum radius).

This means the ‘excavator as a crane’ regulation (15A Use of slewing earthmoving machinery with a safe working load greater than 3 tonnes as a crane) will apply to more excavators than expected.

Risk assessment and safe work method statements (SWMS)

Worksafe’s Information Sheet highlights the importance of a thorough risk assessment and SWMS prior to using earthmoving equipment as a crane. The risk assessment should confirm that using an excavator is the most suitable way to reduce the risks associated with performing the task. The Information Sheet warns that Worksafe’s educational approach to the new requirements until 10 December 2025 (as outlined in the Statement of Regulatory Intent) will not apply if these measures are not documented or other safety issues are noted.

Concerns over expiry of Class Exemptions

CCF WA has received many enquiries from Members concerned that when the Class Exemptions expire on December 31, 2026, operators will be required to obtain the C2 crane licence.

In response to these concerns, the Worksafe Commissioner has advised us that the Class Exemptions are intended as an interim measure while Worksafe works with the national WHS regulator towards implementation of a national system. We have been assured that in the meantime, the exemptions will be extended for as long as is required.

"There is an exemption that provides for an alternative training pathway for the use of slewing earthmoving equipment as a crane. While this currently extends until December 2026 to allow WorkSafe to discuss a possible national approach with other regulators, WorkSafe will review the exemption in mid-2026 and if it is operating well it is likely to be extended, pending any national approach." 
-  Worksafe News Alert 13 August 2025

Availability and duration of Safe Lifting training

RTOs with the course currently on scope (as at August 12) are:

High Risk Training Academy  (CCF WA Member Discount available - victor@hrtawa.com.au )

Skill Hire   (ryan.piggott@skillhire.com.au)

Nara Training and Assessing

Down to Earth

RMS Training

Western Training

Star Training & Assessing

Australian Training Management

Civil Safety

What are the regulatory changes?

Amended Work Health and Safety (General) Regulations 2022 and Work Health and Safety (Mines) Regulations 2022 take effect from 10 August 2025. The amended regs create two new classes of high risk work below.

Item	High risk work license	Description of class of high risk work
14A.	Non-slewing mobile crane	Use of non-slewing earthmoving machinery with a safe working load greater than 3 tonnes as a crane
15A.	Slewing mobile crane — with a capacity up to 20 tonnes	Use of slewing earthmoving machinery with a safe working load greater than 3 tonnes as a crane

For non-slewing earthmoving machinery the training requirement is TLILIC0040 Licence to operate a non-slewing mobile crane – CN.

For slewing earthmoving machinery the training requirement is TLILIC0022 Licence to operate a slewing mobile crane up to 20t (C2). (However Class Exemptions now apply as detailed above)