Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 78

  (1)   A person conducting a business or undertaking at a workplace must manage, in accordance with Part   3.1, risks to health and safety associated with a fall by a person from one level to another that is reasonably likely to cause injury to the person or any other person.

Note:   WHS Act--section   19 (see regulation   9).

  (2)   Subregulation (1) includes the risk of a fall:

  (a)   in or on an elevated workplace from which a person could fall; or

  (b)   in the vicinity of an opening through which a person could fall; or

  (c)   in the vicinity of an edge over which a person could fall; or

  (d)   on a surface through which a person could fall; or

  (e)   in any other place from which a person could fall.

  (3)   A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that any work that involves the risk of a fall to which subregulation   (1) applies is carried out on the ground or on a solid construction.

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.

  (4)   A person conducting a business or undertaking must provide safe means of access to and exit from:

  (a)   the workplace; and

  (b)   any area within the workplace referred to in subregulation   (2).

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.

  (5)   In this regulation, solid construction means an area that has:

  (a)   a surface that is structurally capable of supporting all persons and things that may be located or placed on it; and

  (b)   barriers around its perimeter and any openings to prevent a fall; and

  (c)   an even and readily negotiable surface and gradient; and

  (d)   a safe means of entry and exit.