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Contents (2011 - 674)
Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 20 November 2017 at 11:09)
Chapter 3 Part 3.2 Division 5
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.