Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 401

401 Review of control measures

(1) A person conducting a business or undertaking at a workplace must ensure that any measures implemented to control health risks from exposure to lead at the workplace are reviewed and, as necessary, revised in the following circumstances—

(a) a worker is removed from carrying out lead risk work at the workplace under section 415 ;

(b) the person obtains a health monitoring report for a worker under division 4 that contains—

(i) test results that indicate that the worker has reached or exceeded the relevant blood lead level for that worker under section 415 ; or

(ii) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the lead risk work that triggered the requirement for health monitoring; or

(iii) any recommendation that the person conducting the business or undertaking take remedial measures, including a recommendation that the worker be removed from carrying out lead risk work at the workplace;

(c) the control measure does not control the risk it was implemented to control so far as is reasonably practicable;

Examples—

• results of any monitoring

• a notifiable incident occurs because of the risk

(d) 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;

(e) a new relevant hazard or risk is identified;

(f) the results of consultation by the person under the Act or this regulation indicate that a review is necessary;

(g) a health and safety representative requests the review under subsection (3) ;

(h) the regulator requires the review;

(i) at least once every 5 years.

Penalty—

Maximum penalty—36 penalty units.

(2) Without limiting subsection (1) (d) , 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.

(3) A health and safety representative at a workplace may request a review of a control measure if the representative reasonably believes that—

(a) a circumstance mentioned in subsection (1) (a) , (b) , (c) , (d) , (e) or (f) 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.