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COAL MINING SAFETY AND HEALTH ACT 1999 - SECT 37

How obligation can be discharged if regulation or recognised standard made

37 How obligation can be discharged if regulation or recognised standard made

(1) If a regulation prescribes a way of achieving an acceptable level of risk, a person may discharge the person’s safety and health obligation in relation to the risk only by following the prescribed way.
(2) If a regulation prohibits exposure to a risk, a person may discharge the person’s safety and health obligation in relation to the risk only by ensuring the prohibition is not contravened.
(3) Subject to subsections (1) and (2) , if a recognised standard states a way or ways of achieving an acceptable level of risk, a person discharges the person’s safety and health obligation in relation to the risk only by—
(a) adopting and following a stated way; or
(b) adopting and following another way that achieves a level of risk that is equal to or better than the acceptable level.



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