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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Repealed version for 1 July 2017 to 31 August 2017 (accessed 18 November 2017 at 04:21)
Chapter 3 Part 3.2 Division 2
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.