(1) The person with
management or control of plant at a workplace must ensure that any operator's
controls are—
(a)
identified on the plant so as to indicate their nature and function and
direction of operation; and
(b)
located so as to be readily and conveniently operated by each person using the
plant; and
(c)
located or guarded to prevent unintentional activation; and
(d) able
to be locked into the "off" position to enable the disconnection of all motive
power.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(2) If the need for
plant to be operated during maintenance or cleaning cannot be eliminated, the
person with management or control of the plant at a workplace must ensure that
the operator's controls—
(a)
permit operation of the plant while a person is undertaking the maintenance or
cleaning of the plant; and
(b)
while the plant is being maintained or cleaned, either—
(i)
cannot be operated by any person other than the person
who is carrying out the maintenance or cleaning of the plant; or
(ii)
if subparagraph (i) cannot be complied with because
the plant must be operated by a person other than the person who is carrying
out the maintenance or cleaning of the plant, cannot be operated except by a
person authorised by the person with management or control of the plant for
that purpose; and
(c) will
allow operation of the plant in such a way that any risk associated with the
activities in relation to any person who is carrying out the maintenance or
cleaning—
(i)
is eliminated so far as is reasonably practicable; or
(ii)
if it is not reasonably practicable to eliminate the
risk, is minimised so far as is reasonably practicable.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.