Regulation 5 Qualification and supervision
Subject to paragraph (5) and regulation 6, no person may carry out any relevant work unless he is competent to do so.
Subject to paragraph (6), no person may carry out work with methyl bromide unless he is competent to do so.
An employer shall not cause an employee to carry out relevant work unless that employee is competent to do so.
An employer shall not cause an employee to carry out work with methyl bromide unless that employee is competent to do so.
Subject to paragraph (8), a person who is not competent to carry out relevant work may carry out such work if he does so—
under the supervision of a person who is so competent; and
with a view to obtaining—
a qualification referred to in regulation 3(a); or
an in-house qualification.
A person who is not competent to carry out work with methyl bromide may carry out such work if he does so under the supervision of a person who is so competent, and—
with a view to—
obtaining the Certificate of Proficiency referred to in regulation 3(c)(i); and
completing the module listed in Schedule 2 which is appropriate for the work in question; or
if the person has obtained the Certificate of Proficiency, with a view to completing the module listed in Schedule 2 which is appropriate for the work in question.
A person who fails to comply with paragraph (1), (2), (3) or (4) is guilty of an offence.
Paragraph (5) does not apply to an experienced person who is not competent to carry out relevant work.