New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 79

79 Specific requirements to minimise risk of fall

(1) This clause applies if it is not reasonably practicable for the person conducting a business or undertaking at a workplace to eliminate the risk of a fall to which clause 78 applies.

(2) The person must minimise the risk of a fall by providing adequate protection against the risk in accordance with this clause.

: Maximum penalty--

(a) in the case of an individual--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(3) The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including by--

(a) providing a fall prevention device if it is reasonably practicable to do so, or

(b) if it is not reasonably practicable to provide a fall prevention device, providing a work positioning system, or

(c) if it is not reasonably practicable to comply with either paragraph (a) or (b), providing a fall arrest system, so far as is reasonably practicable.

Examples :

1 Providing temporary work platforms.

2 Providing training in relation to the risks involved in working at the workplace.

3 Providing safe work procedures, safe sequencing of work, safe use of ladders, permit systems and appropriate signs.

Note : A combination of the controls set out in this subclause may be used to minimise risks, so far as is practicable, if a single control is not sufficient for the purpose.

(4) This clause does not apply in relation to the following work--

(a) the performance of stunt work,

(b) the performance of acrobatics,

(c) a theatrical performance,

(d) a sporting or athletic activity,

(e) horse riding.

Note : Clause 36 applies to the management of risk in relation to this work.

(5) In this clause,
"fall prevention device" includes--

(a) a secure fence, and

(b) edge protection, and

(c) working platforms, and

(d) covers.

Note : See clause 5(1) for definitions of
"fall arrest system" and
"work positioning system" .