44—Provision to workers and use of personal protective equipment
(1) This regulation
applies if personal protective equipment is to be used to minimise a risk to
health and safety in relation to work at a workplace in accordance with
regulation 36.
(2) The person
conducting a business or undertaking who directs the carrying out of work must
provide the personal protective equipment to workers at the workplace, unless
the personal protective equipment has been provided by another
person conducting a business or undertaking.
Example—
Equipment that has been provided by a labour hire company.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(3) The person
conducting the business or undertaking who directs the carrying out of work
must ensure that personal protective equipment provided under
subregulation (2) is—
(a)
selected to minimise risk to health and safety, including by ensuring that the
equipment is—
(i)
suitable having regard to the nature of the work and any
hazard associated with the work; and
(ii)
a suitable size and fit and reasonably comfortable for
the worker who is to use or wear it; and
(b)
maintained, repaired or replaced so that it continues to minimise risk to the
worker who uses it, including by ensuring that the equipment is—
(i)
clean and hygienic; and
(ii)
in good working order; and
(c) used
or worn by the worker, so far as is reasonably practicable.
(4) The
person conducting a business or undertaking who directs the carrying out of
work must provide the worker with information, training and instruction in
the—
(a)
proper use and wearing of personal protective equipment; and
(b)
storage and maintenance of personal protective equipment.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
Note—
A person conducting a business or undertaking must not charge or impose a levy
on a worker for the provision of personal protective equipment (see
section 273 of the Act).