Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 401

    (1)     A person conducting a business or undertaking at a workplace must ensure that any measures implemented to control health risks from exposure to lead at the workplace are reviewed and as necessary revised in the following circumstances:

        (a)     a worker is removed from carrying out lead risk work at the workplace under section 415 (Removal of worker from lead risk work);

        (b)     the person obtains a health monitoring report for a worker under division 7.2.4 (Health monitoring) that contains—

              (i)     test results that indicate that the worker has reached or exceeded the relevant blood lead level for that worker under section 415; or

              (ii)     any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the lead risk work that triggered the requirement for health monitoring; or

              (iii)     any recommendation that the person conducting the business or undertaking take remedial measures, including a recommendation that the worker be removed from carrying out lead risk work at the workplace;

        (c)     the control measure does not control the risk it was implemented to control so far as is reasonably practicable;

Examples

1     results of any monitoring

2     a notifiable incident occurs because of the risk

        (d)     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;

        (e)     a new relevant hazard or risk is identified;

        (f)     the results of consultation by the person under the Act or this regulation indicate that a review is necessary;

        (g)     a health and safety representative requests a review under subsection (3);

        (h)     the regulator requires the review;

              (i)     at least once every 5 years.

Maximum penalty:

        (a)     in the case of an individual—$3 600; or

        (b)     in the case of a body corporate—$18 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (2)     Without limiting subsection (1) (d), 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.

    (3)     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 subsection (1) (a) to (f) 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.