79—Specific requirements to minimise risk of fall
(1) This regulation
applies if it is not reasonably practicable for the
person conducting a business or undertaking at a workplace to eliminate the
risk of a fall to which regulation 78 applies.
(2) The person must
minimise the risk of a fall by providing adequate protection against the risk
in accordance with this regulation.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(3) The person
provides adequate protection against the risk if the person provides and
maintains a safe system of work, including by—
(a)
providing a fall prevention device if it is reasonably practicable to do so;
or
(b) if
it is not reasonably practicable to provide a fall prevention device,
providing a work positioning system; or
(c) if
it is not reasonably practicable to comply with either paragraph (a) or
(b), providing a fall arrest system, so far as is reasonably practicable.
Examples—
A safe system of work could include—
• providing
temporary work platforms;
• providing
training in relation to the risks involved in work at the workplace;
• providing safe
work procedures, safe sequencing of work, safe use of ladders, permit systems
and appropriate signs.
Note—
A combination of the controls set out in this subregulation may be used to
minimise risks so far as is practicable if a single control is not sufficient
for the purpose.
(4) This regulation
does not apply in relation to the following work:
(a) the
performance of stunt work;
(b) the
performance of acrobatics;
(c) a
theatrical performance;
(d) a
sporting or athletic activity;
(e)
horse riding.
Note—
Regulation 36 applies to the management of risk in relation to this work.
(5) In this
regulation—
"fall prevention device" includes—
(a) a
secure fence; and
(b) edge
protection; and
(c)
working platforms; and
(d)
covers.
Note—
See regulation 5 for definitions of "fall arrest system"
and "work positioning system".