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Work Health and Safety Regulation 2017
Current version for 15 November 2019 to date (accessed 12 December 2019 at 22:19)
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.1The results of monitoring show that the control measure does not control the risk.2A 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.