Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 79

  (1)   This regulation 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 regulation   78 applies.

  (2)   The person must minimise the risk of a fall by providing adequate protection against the risk in accordance with this regulation.

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.

  (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:   A safe system of work could include:

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 subregulation   may be used to minimise risks so far as is practicable if a single control is not sufficient for the purpose.

  (4)   This regulation 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:   Regulation   36 applies to the management of risk in relation to this work.

  (5)   In this regulation, fall prevention device includes:

  (a)   a secure fence; and

  (b)   edge protection; and

  (c)   working platforms; and

  (d)   covers.

Note:   See subregulation   5(1) for definitions of fall arrest system and work positioning system .