Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 379

Duty to provide supervision

  (1)   A person conducting a business or undertaking at a workplace must provide any supervision to a worker that is necessary to protect the worker from risks to the worker's health and safety arising from the work if, at the workplace, the worker:

  (a)   uses, handles, generates or stores a hazardous chemical; or

  (b)   operates, tests, maintains, repairs or decommissions a storage or handling system for a hazardous chemical; or

  (c)   is likely to be exposed to a hazardous chemical.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (2)   The person must ensure that the supervision of the worker is suitable and adequate having regard to:

  (a)   the nature of the risks associated with the hazardous chemical; and

  (b)   the information, training and instruction required under regulation   39.

Note:   In addition, paragraph   19(3)(f) of the Act requires the provision of information, training, instruction and supervision.


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