South Australian Current Regulations South Australian Current Regulations401—Review of control measures
(1) A
person conducting a business or undertaking at a workplace must ensure that
any measures implemented to control health risks from exposure to lead at the
workplace are reviewed and, as necessary, revised in the following
circumstances:
(a) a
worker is removed from carrying out lead risk work at the workplace under
regulation 415;
(b) the
person obtains a health monitoring report for a worker under Division 4 that
contains—
(i)
test results that indicate that the worker has reached or
exceeded the relevant blood lead level for that worker under
regulation 415; and
(ii)
any advice that test results indicate that the worker may
have contracted a disease, injury or illness as a result of carrying out the
lead risk work that triggered the requirement for health monitoring; and
(iii)
any recommendation that the person conducting the
business or undertaking take remedial measures, including a recommendation
that the worker be removed from carrying out lead risk work at the workplace;
(c) the
control measure does not control the risk it was implemented to control so far
as is reasonably practicable;
Examples—
1 Results of any monitoring.
2 A notifiable incident occurs because of the
risk.
(d)
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;
(e) a
new relevant hazard or risk is identified;
(f) the
results of consultation by the person under the Act or these regulations
indicate that a review is necessary;
(g) a
health and safety representative requests a review under
subregulation (3);
(h) the
regulator requires the review;
(i)
at least once every 5 years.
Maximum penalty:
(a) In
the case of an individual—$3 600.
(b) In
the case of a body corporate—$18 000.
(2) Without limiting
subregulation (1)(d), 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.
(3) 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 referred to in subregulation (1)(a), (b), (c), (d), (e) or
(f) 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.