Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 38

Review of control measures

  (1)   A duty holder must review and as necessary revise control measures implemented under these Regulations so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety.

  (2)   Without limiting subregulation   (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 these Regulations indicate that a review is necessary;

  (e)   a health and safety representative requests a review under subregulation   (4).

  (3)   Without limiting paragraph   (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 paragraph   (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.


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