(1) This regulation
applies if guarding is used as a control measure in relation to plant at a
workplace.
(2) The person with
management or control of the plant must ensure that—
(a) if
access to the area of the plant requiring guarding is not necessary during
operation, maintenance or cleaning of the plant, the guarding is a permanently
fixed physical barrier; or
(b) if
access to the area of the plant requiring guarding is necessary during
operation, maintenance or cleaning of the plant, the guarding is an
interlocked physical barrier that allows access to the area being guarded at
times when that area does not present a risk and prevents access to that area
at any other time; or
(c) if
it is not reasonably practicable to use guarding referred to in
paragraph (a) or (b), the guarding used is a physical barrier that can
only be altered or removed by the use of tools; or
(d) if
it is not reasonably practicable to use guarding referred to in
paragraph (a), (b) or paragraph (c), the guarding includes a
presence-sensing safeguarding system that eliminates any risk arising from the
area of the plant requiring guarding while a person or any part of a person is
in the area being guarded.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(3) The person with
management or control of the plant must ensure that the guarding—
(a) is
of solid construction and securely mounted so as to resist impact or shock;
and
(b)
makes bypassing or disabling of the guarding, whether deliberately or by
accident, as difficult as is reasonably practicable; and
(c) does
not create a risk in itself; and
(d) is
properly maintained.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(4) If the plant to be
guarded contains moving parts that may break or cause workpieces to be ejected
from the plant, the person with management or control of the plant must
ensure, so far as is reasonably practicable, that the guarding will control
any risk from those broken or ejected parts and workpieces.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(5) Despite anything
to the contrary in this regulation, the person with management or control of
the plant must ensure—
(a) that
the guarding is of a kind that can be removed to allow maintenance and
cleaning of the plant at any time that the plant is not in normal operation;
and
(b) if
guarding is removed, that so far as is reasonably practicable, the plant
cannot be restarted unless the guarding is replaced.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.