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Contents (2001 - 648)
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Occupational Health and Safety Regulation 2001
Repealed version for 7 June 2011 to 31 December 2011 (accessed 22 August 2019 at 08:07)
Chapter 4 Part 4.2 Division 1
Division 1 General duties of controllers of premises
34   Controller of premises to identify hazards
(1)  A controller of premises must identify any foreseeable hazard arising from the premises that has the potential to harm the health or safety of any person accessing, using or egressing from the premises.
(2)  Without limiting the generality of subclause (1), the controller must identify hazards arising from:
(a)  the layout and condition of the premises, including the presence of a confined space, and
(b)  the physical working environment, including the potential for:
(i)  people slipping, tripping or falling, and
(ii)  objects or structures falling on people, and
(c)  the presence of material containing asbestos.
(3)  A controller of premises must ensure that hazards are identified:
(a)  during any design of the premises, and
(b)  before the premises are provided for use as a place of work.
Maximum penalty: Level 4.
35   Controller of premises to assess risks
(1)  A controller of premises must assess the risk of harm to the health or safety of any person arising from any hazard identified in accordance with this Division.
(2)  When assessing those risks, the controller must:
(a)  evaluate the likelihood of an injury or illness occurring and the likely severity of any injury or illness that may occur, and
(b)  review available health and safety information relevant to a particular hazard, and
(c)  identify the actions necessary to eliminate or control the risk, and
(d)  identify records that it is necessary to keep to ensure that risks are controlled (including the length of time for which records are to be kept).
(3)  A risk assessment may relate to more than one place of work or hazard so long as it takes account of the particular circumstances of each place of work or hazard.
Maximum penalty: Level 4.
36   Controller of premises to eliminate or control risks
(1)  A controller of premises must eliminate any risk, arising from the premises, to the health or safety of any person accessing, using or egressing from the premises.
(2)  If it is not reasonably practicable to eliminate the risk, the controller of the premises must control the risk.
(3)  A controller of premises must ensure that all measures (including procedures and equipment) that are adopted to eliminate or control risks to health or safety are properly used and maintained.
Maximum penalty: Level 4.
Note.
 This Part also contains specific risk control requirements with which the controller must comply.
37   Controller of premises to review risk assessments and control measures
A controller of premises must review a risk assessment, and any measures adopted to control the risk, whenever:
(a)  there is evidence that the risk assessment is no longer valid, or
(b)  injury or illness results from exposure to a hazard to which the risk assessment relates, or
(c)  there is a significant change in the premises or place of work to which the risk assessment relates.
Maximum penalty: Level 4.
38   Controller of premises to provide information
(1)  A controller of premises must provide other persons who have responsibilities under this Regulation with all available information that is necessary to enable the other persons to fulfil their responsibilities with respect to the following:
(a)  identifying hazards,
(b)  assessing risks arising from those hazards,
(c)  eliminating or controlling those risks,
(d)  providing information.
(2)  Without limiting the generality of subclause (1), the controller must provide any employer who uses the premises concerned as a place of work with information about:
(a)  any foreseeable hazard arising from the premises that has the potential to harm the health or safety of any person accessing, using or egressing from the premises, and
(b)  an assessment of any risk arising from the premises that has not been eliminated by the controller, and
(c)  the measures taken by the controller to control any such risk, and
(d)  any measures (including use and maintenance of procedures and equipment) that the employer may need to adopt to control any such risk.
Maximum penalty: Level 4.