(1) This regulation
applies if a designer of plant uses guarding as a control measure.
(2) The designer must
ensure, so far as is reasonably practicable, that the guarding designed for
that purpose will prevent access to the danger point or danger area of the
plant.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(3) The designer must
ensure that—
(a) if
access to the area of the plant requiring guarding is not necessary during
operation, maintenance or cleaning of the plant—the guarding is a
permanently fixed physical barrier; or
(b) if
access to the area of the plant requiring guarding is necessary during
operation, maintenance or cleaning of the plant—the guarding is an
interlocked physical barrier that allows access to the area being guarded at
times when that area does not present a risk and prevents access to that area
at any other time; or
(c) if
it is not reasonably practicable to use guarding referred to in
paragraph (a) or (b)—the guarding used is a physical barrier that
can only be altered or removed by the use of tools; or
(d) if
it is not reasonably practicable to use guarding referred to in
paragraph (a), (b) or (c)—the design includes a presence-sensing
safeguarding system that eliminates any risk arising from the area of the
plant requiring guarding while a person or any part of a person is in the area
being guarded.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(4) The designer must
ensure that the guarding is designed—
(a) to
be of solid construction and securely mounted so as to resist impact or shock;
and
(b) to
make bypassing or disabling of the guarding, whether deliberately or by
accident, as difficult as is reasonably practicable; and
(c) so
as not to cause a risk in itself.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(5) If the plant to be
guarded contains moving parts and those parts may break or cause workpieces to
be ejected from the plant, the designer must ensure, so far as is reasonably
practicable, that the guarding will control any risk from those broken or
ejected parts and workpieces.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(6) Despite anything
to the contrary in this regulation, the designer must ensure—
(a) that
the guarding is of a kind that can be removed to allow maintenance and
cleaning of the plant at any time that the plant is not in normal operation;
and
(b) if
the guarding is removed, that, so far as is reasonably practicable, the plant
cannot be restarted unless the guarding is replaced.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.