Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) A person conducting a business or undertaking at a workplace must manage, in accordance with part 3.1 (Managing risks to health and safety), risks to health and safety associated with a fall by a person from 1 level to another that is reasonably likely to cause injury to the person or any other person.
(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.
Maximum penalty: tier E monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(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).
Maximum penalty: tier E monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(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.