Australian Capital Territory Numbered Regulations

WORK HEALTH AND SAFETY REGULATION 2011 (NO 36 OF 2011) - REG 38

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

    (2)     Without limiting subsection (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

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

        (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 this regulation indicate that a review is necessary;

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

    (3)     Without limiting subsection (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 mentioned in subsection (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.

Part 3.2     General workplace management

Division 3.2.1     Information, training and instruction