South Australian Current Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 38

38—Review of control measures

        (1)         A duty holder must review and, as necessary, revise control measures implemented under these regulations so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety.

        (2)         Without limiting subregulation (1), the duty holder must review and, as necessary, revise a control measure in the following circumstances:

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

Examples—

1         The results of monitoring show that the control measure does not control the risk.

2         A notifiable incident occurs because of the risk.

            (b)         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;

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

            (d)         the results of consultation by the duty holder under the Act or these regulations indicate that a review is necessary;

            (e)         a health and safety representative requests a review under subregulation (4).

        (3)         Without limiting subregulation (2)(b), 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.

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

            (a)         a circumstance referred to in subregulation (2)(a), (b), (c) or (d) 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.



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