Victorian Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 104

An employer or self-employed person must ensure that—

        (a)     plant is installed or erected to provide sufficient clear working area around the plant to allow the plant to be used in a manner that—

              (i)     so far as is reasonably practicable, eliminates the risk associated with the activity; or

              (ii)     if it is not reasonably practicable to eliminate the risk, reduces the risk so far as is reasonably practicable; and

        (b)     so far as is reasonably practicable, the layout of plant at the workplace does not affect entry to and exit from the workplace to the extent that it presents a risk; and

        (c)     plant is not commissioned unless the employer or self-employed person has established, so far as is reasonably practicable, that it is safe to commission the plant; and

        (d)     the plant is not decommissioned unless the employer or self-employed person has established, so far as is reasonably practicable, that it is safe to decommission the plant; and

        (e)     the installation, erection, commissioning, decommissioning and dismantling processes include inspections that will ensure that the risk associated with these activities is monitored.

Notes

1     Act compliance—sections 21, 23 and 24 (see regulation 7).

2     An employer or self-employed person has a duty under this Division to control risks to health and safety associated with the installation, erection, commissioning, decommissioning and dismantling of plant.

3     An employer or self-employed person continues to have a duty under this Division to control risks to health and safety associated with plant that remains in operation until it is decommissioned.