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Contents (2011 - 674)
Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 18 November 2017 at 17:27)
Chapter 3 Part 3.1 Clause 38
38   Review of control measures
(1)  A duty holder must review and as necessary revise control measures implemented under this Regulation so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety.
(2)  Without limiting subclause (1), the duty holder must review and as necessary revise a control measure in the following circumstances:
(a)  the control measure does not control the risk it was implemented to control so far as is reasonably practicable,
Examples.
 
1   
The results of monitoring show that the control measure does not control the risk.
2   
A notifiable incident occurs because of the risk.
(b)  before a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control,
(c)  a new relevant hazard or risk is identified,
(d)  the results of consultation by the duty holder under the Act or this Regulation indicate that a review is necessary,
(e)  a health and safety representative requests a review under subclause (4).
(3)  Without limiting subclause (2) (b), a change at the workplace includes:
(a)  a change to the workplace itself or any aspect of the work environment, or
(b)  a change to a system of work, a process or a procedure.
(4)  A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that:
(a)  a circumstance referred to in subclause (2) (a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative, and
(b)  the duty holder has not adequately reviewed the control measure in response to the circumstance.