Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) This section applies if it is not reasonably practicable for the person conducting a business or undertaking at a workplace to eliminate the risk of a fall to which section 78 applies.
(2) The person must minimise the risk of a fall by providing adequate protection against the risk in accordance with this section.
Maximum penalty:
(a) in the case of an individual—$6 000; or
(b) in the case of a body corporate—$30 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(3) The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including by—
(a) providing a fall prevention device if it is reasonably practicable to do so; or
(b) if it is not reasonably practicable to provide a fall prevention device, providing a work positioning system; or
(c) if it is not reasonably practicable to comply with either paragraph (a) or (b), providing a fall arrest system, so far as is reasonably practicable.
Examples
1 providing temporary work platforms
2 providing training in relation to the risks involved in working at the workplace
3 providing safe work procedures, safe sequencing of work, safe use of ladders, permit systems and appropriate signs
Note A combination of the controls set out in this subsection may be used to minimise risks so far as is practicable if a single control is not sufficient for the purpose.
(4) This section does not apply in relation to the following work:
(a) the performance of stunt work;
(b) the performance of acrobatics;
(c) a theatrical performance;
(d) a sporting or athletic activity;
(e) horse riding.
Note Section 36 applies to the management of risk in relation to this work.
(5) In this section:
"fall prevention device" includes—
(a) a secure fence; and
(b) edge protection; and
(c) working platforms; and
(d) covers.