Victorian Consolidated Regulations

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OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 405

Control of risk

    (1)     The operator of a mine must, so far as is reasonably practicable, eliminate any risks associated with mining hazards at the mine.

    (2)     If it is not reasonably practicable to eliminate a risk associated with mining hazards at the mine, the operator must reduce the risk so far as is reasonably practicable by—

        (a)     the substitution of a new activity, procedure, plant, process or substance for that which is related to the relevant mining hazard; or

        (b)     the isolation of persons from the mining hazard; or

        (c)     engineering controls; or

        (d)     combining any of the risk control measures referred to in paragraphs (a), (b) and (c) .

    (3)     If the operator has complied with subregulations (1) and (2) so far as is reasonably practicable and a risk associated with mining hazards at the mine remains, the operator must reduce the risk so far as is reasonably practicable by using administrative controls.

    (4)     If the operator has complied with subregulations (1), (2) and (3) so far as is reasonably practicable and a risk associated with mining hazards at the mine remains, the operator must reduce the risk so far as is reasonably practicable by providing appropriate personal protective equipment to persons at risk.

Notes

1     Act compliance—sections 21, 23 and 26 (see regulation 7).

2     Part 4 of the Act sets out the duty of the employer to consult with employees, including in respect of making decisions about the measures to be taken to control risks to health or safety. This consultation must involve the health and safety representative (if any). See also regulation 21 and the consultation requirements in Division 3 of this Part.



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