(1) A
person conducting a business or undertaking at a workplace must manage, in
accordance with Chapter 3 Part 1, risks to health and safety
associated with a fall by a person from one level to another that is
reasonably likely to cause injury to the person or any other person.
Note—
WHS Act—section 19 (see regulation 9).
(2)
Subregulation (1) includes the risk of a fall—
(a) in
or on an elevated workplace from which a person could fall; or
(b) in
the vicinity of an opening through which a person could fall; or
(c) in
the vicinity of an edge over which a person could fall; or
(d) on a
surface through which a person could fall; or
(e) in
any other place from which a person could fall.
(3) A
person conducting a business or undertaking must ensure, so far as is
reasonably practicable, that any work that involves the risk of a fall to
which subregulation (1) applies is carried out on the ground or on a
solid construction.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(4) A
person conducting a business or undertaking must provide safe means of access
to and exit from—
(a) the
workplace; and
(b) any
area within the workplace referred to in subregulation (2).
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(5) In this
regulation—
"solid construction" means an area that has—
(a) a
surface that is structurally capable of supporting all persons and things that
may be located or placed on it; and
(b)
barriers around its perimeter and any openings to prevent a fall; and
(c) an
even and readily negotiable surface and gradient; and
(d) a
safe means of entry and exit.