Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 38

    (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 subsection (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 subsection (4).

    (3)     Without limiting subsection (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 mentioned in subsection (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.