(1) This section applies to—(a) construction work that is housing construction work during which a person could fall less than 3m; or(b) construction work that is not housing construction work during which a person could fall less than 2m; or(c) construction work on a roof, or partly completed roof, surface with a slope not over 26º.
(2) However, this section does not apply to construction work if a person could fall from—(a) a ladder or fixed ladder; or(b) a platform supported by trestle ladders; or(c) scaffolding that the person is erecting or dismantling; or(d) an area near a ladder that the person needs to use to get on or off the ladder.
(3) A person conducting a business or undertaking who intends to do construction work must, before the work starts—(a) ensure each hazard that may result in a fall or cause death or injury if a person were to fall is identified; andExamples of hazards—• vertical reinforcing steel, or the edge of a rubbish skip, 1m below a surface from which the work is to be done• unsheeted floor bearers and joists 2m below a surface from which the work is to be done• an object, for example a picket fence or stack of bricks, that could cause injury if a person fell on it• a brittle roof on which the work is to be done 2m above a floor(b) ensure the risk of death or injury that may result because of the hazard is assessed; and(c) ensure any control measures necessary to prevent, or minimise the level of, exposure to the risk are used.Penalty—Maximum penalty—60 penalty units.
(4) If a person conducting a business or undertaking uses a control measure mentioned in this subdivision, the control measure and the use of the control measure must comply with this subdivision.Penalty—Maximum penalty—60 penalty units.
(5) However, a fall arresting platform used as a control measure need not comply with section 306H if the fall would be internal within formwork the person is erecting or dismantling.