Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 38

38 Review of control measures

(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—

• the results of monitoring show that the control measure does not control the risk

• a notifiable incident occurs because of the risk

(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 the review under subsection (4) .

Note—

See also section 55G in relation to a review of control measures about sexual harassment and sex or gender-based harassment.

(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.