Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 78

78 Management of risk of fall

(1) A person conducting a business or undertaking at a workplace must, under part 3.1 , manage 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.

Notes—

1 WHS Act — section 19 (see section 9 ).

2 For general risk management requirements, see part 3.1 .

(2) Subsection (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 subsection (1) applies is carried out on the ground or on a solid construction.

Penalty—

Maximum penalty—60 penalty units.

(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 mentioned in subsection (2) .

Penalty—

Maximum penalty—60 penalty units.

(5) In this section—

"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.