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Contents (2011 - 674)
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Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 23 September 2017 at 17:29)
Chapter 3 Part 3.2
Part 3.2 General workplace management
Division 1 Information, training and instruction
39   Provision of information, training and instruction
(1)  This clause applies for the purposes of section 19 of the Act to a person conducting a business or undertaking.
(2)  The person must ensure that information, training and instruction provided to a worker is suitable and adequate having regard to:
(a)  the nature of the work carried out by the worker, and
(b)  the nature of the risks associated with the work at the time the information, training or instruction is provided, and
(c)  the control measures implemented.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The person must ensure, so far as is reasonably practicable, that the information, training and instruction provided under this clause is provided in a way that is readily understandable by any person to whom it is provided.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Division 2 General working environment
40   Duty in relation to general workplace facilities
A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the following:
(a)  the layout of the workplace allows, and the workplace is maintained so as to allow, for persons to enter and exit and to move about without risk to health and safety, both under normal working conditions and in an emergency,
(b)  work areas have space for work to be carried out without risk to health and safety,
(c)  floors and other surfaces are designed, installed and maintained to allow work to be carried out without risk to health and safety,
(d)  lighting enables:
(i)  each worker to carry out work without risk to health and safety, and
(ii)  persons to move within the workplace without risk to health and safety, and
(iii)  safe evacuation in an emergency,
(e)  ventilation enables workers to carry out work without risk to health and safety,
(f)  workers carrying out work in extremes of heat or cold are able to carry out work without risk to health and safety,
(g)  work in relation to or near essential services does not give rise to a risk to the health and safety of persons at the workplace.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
41   Duty to provide and maintain adequate and accessible facilities
(1)  A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing facilities and eating facilities.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  The person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that the facilities provided under subclause (1) are maintained so as to be:
(a)  in good working order, and
(b)  clean, safe and accessible.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  For the purposes of this clause, a person conducting a business or undertaking must have regard to all relevant matters, including the following:
(a)  the nature of the work being carried out at the workplace,
(b)  the nature of the hazards at the workplace,
(c)  the size, location and nature of the workplace,
(d)  the number and composition of the workers at the workplace.
Division 3 First aid
42   Duty to provide first aid
(1)  A person conducting a business or undertaking at a workplace must ensure:
(a)  the provision of first aid equipment for the workplace, and
(b)  that each worker at the workplace has access to the equipment, and
(c)  access to facilities for the administration of first aid.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A person conducting a business or undertaking at a workplace must ensure that:
(a)  an adequate number of workers are trained to administer first aid at the workplace, or
(b)  workers have access to an adequate number of other persons who have been trained to administer first aid.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  For the purposes of this clause, the person conducting the business or undertaking must have regard to all relevant matters, including the following:
(a)  the nature of the work being carried out at the workplace,
(b)  the nature of the hazards at the workplace,
(c)  the size and location of the workplace,
(d)  the number and composition of the workers and other persons at the workplace.
Division 4 Emergency plans
43   Duty to prepare, maintain and implement emergency plan
(1)  A person conducting a business or undertaking at a workplace must ensure that an emergency plan is prepared for the workplace, that provides for the following:
(a)  emergency procedures, including:
(i)  an effective response to an emergency, and
(ii)  evacuation procedures, and
(iii)  notifying emergency service organisations at the earliest opportunity, and
(iv)  medical treatment and assistance, and
(v)  effective communication between the person authorised by the person conducting the business or undertaking to coordinate the emergency response and all persons at the workplace,
(b)  testing of the emergency procedures, including the frequency of testing,
(c)  information, training and instruction to relevant workers in relation to implementing the emergency procedures.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A person conducting a business or undertaking at a workplace must maintain the emergency plan for the workplace so that it remains effective.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  For the purposes of subclauses (1) and (2), the person conducting the business or undertaking must have regard to all relevant matters, including the following:
(a)  the nature of the work being carried out at the workplace,
(b)  the nature of the hazards at the workplace,
(c)  the size and location of the workplace,
(d)  the number and composition of the workers and other persons at the workplace.
(4)  A person conducting a business or undertaking at a workplace must implement the emergency plan for the workplace in the event of an emergency.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Division 5 Personal protective equipment
44   Provision to workers and use of personal protective equipment
(1)  This clause applies if personal protective equipment is to be used to minimise a risk to health and safety in relation to work at a workplace in accordance with clause 36.
(2)  The person conducting a business or undertaking who directs the carrying out of work must provide the personal protective equipment to workers at the workplace, unless the personal protective equipment has been provided by another person conducting a business or undertaking.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Example.
 Equipment that has been provided by a labour hire company.
(3)  The person conducting the business or undertaking who directs the carrying out of work must ensure that personal protective equipment provided under subclause (2) is:
(a)  selected to minimise risk to health and safety, including by ensuring that the equipment is:
(i)  suitable having regard to the nature of the work and any hazard associated with the work, and
(ii)  a suitable size and fit and reasonably comfortable for the worker who is to use or wear it, and
(b)  maintained, repaired or replaced so that it continues to minimise risk to the worker who uses it, including by ensuring that the equipment is:
(i)  clean and hygienic, and
(ii)  in good working order, and
(c)  used or worn by the worker, so far as is reasonably practicable.
(4)  The person conducting a business or undertaking who directs the carrying out of work must provide the worker with information, training and instruction in the:
(a)  proper use and wearing of personal protective equipment, and
(b)  the storage and maintenance of personal protective equipment.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Note.
 A person conducting a business or undertaking must not charge or impose a levy on a worker for the provision of personal protective equipment (see section 273 of the Act).
45   Personal protective equipment used by other persons
The person conducting a business or undertaking who directs the carrying out of work must ensure, so far as is reasonably practicable, that:
(a)  personal protective equipment to be used or worn by any person other than a worker at the workplace is capable of minimising risk to the person’s health and safety, and
(b)  the person uses or wears the equipment.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
46   Duties of worker
(1)  This clause applies if a person conducting a business or undertaking provides a worker with personal protective equipment.
(2)  The worker must, so far as the worker is reasonably able, use or wear the equipment in accordance with any information, training or reasonable instruction by the person conducting the business or undertaking.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(3)  The worker must not intentionally misuse or damage the equipment.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(4)  The worker must inform the person conducting the business or undertaking of any damage to, defect in or need to clean or decontaminate any of the equipment of which the worker becomes aware.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
47   Duty of person other than worker
A person other than a worker must wear personal protective equipment at a workplace in accordance with any information, training or reasonable instruction provided by the person conducting the business or undertaking at the workplace.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
Division 6 Remote or isolated work
48   Remote or isolated work
(1)  A person conducting a business or undertaking must manage risks to the health and safety of a worker associated with remote or isolated work, in accordance with Part 3.1.
Note.
 WHS Act—section 19 (see clause 9).
(2)  In minimising risks to the health and safety of a worker associated with remote or isolated work, a person conducting a business or undertaking must provide a system of work that includes effective communication with the worker.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  In this clause:
assistance includes rescue, medical assistance and the attendance of emergency service workers.
remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.
Division 7 Managing risks from airborne contaminants
49   Ensuring exposure standards for substances and mixtures not exceeded
A person conducting a business or undertaking at a workplace must ensure that no person at the workplace is exposed to a substance or mixture in an airborne concentration that exceeds the exposure standard for the substance or mixture.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
50   Monitoring airborne contaminant levels
(1)  A person conducting a business or undertaking at a workplace must ensure that air monitoring is carried out to determine the airborne concentration of a substance or mixture at the workplace to which an exposure standard applies if:
(a)  the person is not certain on reasonable grounds whether or not the airborne concentration of the substance or mixture at the workplace exceeds the relevant exposure standard, or
(b)  monitoring is necessary to determine whether there is a risk to health.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A person conducting a business or undertaking at a workplace must ensure that the results of air monitoring carried out under subclause (1) are recorded, and kept for 30 years after the date the record is made.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(3)  A person conducting a business or undertaking at a workplace must ensure that the results of air monitoring carried out under subclause (1) are readily accessible to persons at the workplace who may be exposed to the substance or mixture.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
Division 8 Hazardous atmospheres
51   Managing risks to health and safety
(1)  A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with a hazardous atmosphere at the workplace, in accordance with Part 3.1.
Note.
 WHS Act—section 19 (see clause 9).
(2)  An atmosphere is a hazardous atmosphere if:
(a)  the atmosphere does not have a safe oxygen level, or
(b)  the concentration of oxygen in the atmosphere increases the fire risk, or
(c)  the concentration of flammable gas, vapour, mist or fumes exceeds 5% of the LEL for the gas, vapour, mist or fumes, or
(d)  combustible dust is present in a quantity and form that would result in a hazardous area.
52   Ignition sources
(1)  A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with an ignition source in a hazardous atmosphere at the workplace, in accordance with Part 3.1.
Note.
 WHS Act—section 19 (see clause 9).
(2)  This clause does not apply if the ignition source is part of a deliberate process or activity at the workplace.
Division 9 Storage of flammable or combustible substances
53   Flammable and combustible material not to be accumulated
(1)  A person conducting a business or undertaking at a workplace must ensure that, if flammable or combustible substances are kept at the workplace, the substances are kept at the lowest practicable quantity for the workplace.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  In this clause, flammable or combustible substances include:
(a)  flammable and combustible liquids, including waste liquids, in containers, whether empty or full, and
(b)  gas cylinders, whether empty or full.
Division 10 Falling objects
54   Management of risk of falling objects
A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with an object falling on a person if the falling object is reasonably likely to injure the person.
Note.
 WHS Act—section 19 (see clause 9).
55   Minimising risk associated with falling objects
(1)  This clause applies if it is not reasonably practicable to eliminate the risk referred to in clause 54.
(2)  The person conducting the business or undertaking at a workplace must minimise the risk of an object falling on a person by providing adequate protection against the risk in accordance with this clause.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including:
(a)  preventing an object from falling freely, so far as is reasonably practicable, or
(b)  if it is not reasonably practicable to prevent an object from falling freely—providing, so far as is reasonably practicable, a system to arrest the fall of a falling object.
Examples.
 
1   
Providing a secure barrier.
2   
Providing a safe means of raising and lowering objects.
3   
Providing an exclusion zone persons are prohibited from entering.