(1) This regulation
applies if a designer of plant uses guarding as a control measure.
(2) The designer must
ensure, so far as is reasonably practicable, that the guarding designed for
that purpose will prevent access to the danger point or danger area of the
plant.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(3) The designer must
ensure that —
(a) if
access to the area of the plant requiring guarding is not necessary during
operation, maintenance or cleaning of the plant — the guarding is a
permanently fixed physical barrier; or
(b) if
access to the area of the plant requiring guarding is necessary during
operation, maintenance or cleaning of the plant — the guarding is
an interlocked physical barrier that allows access to the area being guarded
at times when that area does not present a risk and prevents access to that
area at any other time; or
(c) if
it is not reasonably practicable to use guarding referred to in
paragraph (a) or (b) — the guarding used is a physical
barrier that can only be altered or removed by the use of tools; or
(d) if
it is not reasonably practicable to use guarding referred to in
paragraph (a), (b) or (c) — the design includes a
presence‑sensing safeguarding system that eliminates any risk arising
from the area of the plant requiring guarding while a person or any part of a
person is in the area being guarded.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(4) The designer must
ensure that the guarding is designed —
(a) to
be of solid construction and securely mounted so as to resist impact or shock;
and
(b) to
make bypassing or disabling of the guarding, whether deliberately or by
accident, as difficult as is reasonably practicable; and
(c) so
as not to cause a risk in itself.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(5) If the plant to be
guarded contains moving parts and those parts may break or cause workpieces to
be ejected from the plant, the designer must ensure, so far as is reasonably
practicable, that the guarding will control any risk from those broken or
ejected parts and workpieces.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(6) Despite anything
to the contrary in this regulation, the designer must ensure —
(a) that
the guarding is of a kind that can be removed to allow maintenance and
cleaning of the plant at any time that the plant is not in normal operation;
and
(b) if
the guarding is removed, that, so far as is reasonably practicable, the plant
cannot be restarted unless the guarding is replaced.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.