Key points:

• WHS Regulations now require excavator operators 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.

• An exemption from this requirement is available for excavator operators who hold both a Dogging (DG) HRWL and SLELIC301 Conduct Safe Lifting with Excavators.

• Worksafe has defined ‘safe working load’ as an excavator's rated capacity in its strongest configuration. This means the regulation applies to smaller excavators from around 5t operating weight.

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

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

As per the Class Exemptions linked above, there are 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.

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.

Definition of Safe Working Load

Worksafe’s Information Sheet 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. In effect, it has defined SWL as maximum rated capacity (typically this will be over front, minimum radius).

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. 

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 (see Safe Work Australia's Discussion Paper). 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 of Safe Lifting course

RTOs with the course currently on scope include:

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 took effect from 10 August 2025. The amended regs created 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).