Western Australian Current Regulations

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WORK HEALTH AND SAFETY ( GENERAL ) REGULATIONS 2022 - REG 401

401 .         Review of control measures

        (1)         A person conducting a business or undertaking at a workplace must ensure that any measures implemented to control health risks from exposure to lead at the workplace are reviewed and as necessary revised in the following circumstances —

            (a)         a worker is removed from carrying out lead risk work at the workplace under regulation 415;

            (b)         the person obtains a health monitoring report for a worker under Division 4 that contains —

                  (i)         test results that indicate that the worker has reached or exceeded the relevant blood lead level for that worker under regulation 415; and

                  (ii)         any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the lead risk work that triggered the requirement for health monitoring; and

                  (iii)         any recommendation that the person conducting the business or undertaking take remedial measures, including a recommendation that the worker be removed from carrying out lead risk work at the workplace;

            (c)         the control measure does not control the risk it was implemented to control so far as is reasonably practicable;

        Examples for this paragraph:

        1.         Results of any monitoring.

        2.         A notifiable incident occurs because of the risk.

            (d)         before a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control;

            (e)         a new relevant hazard or risk is identified;

            (f)         the results of consultation by the person under the Act or these regulations indicate that a review is necessary;

            (g)         a health and safety representative requests a review under subregulation (3);

            (h)         the regulator requires the review;

                  (i)         at least once every 5 years.

        Penalty for this subregulation:

            (a)         for an individual, a fine of $4 200;

            (b)         for a body corporate, a fine of $21 000.

        (2)         Without limiting subregulation (1)(d), a change at the workplace includes —

            (a)         a change to the workplace itself or any aspect of the work environment; or

            (b)         a change to a system of work, a process or a procedure.

        (3)         A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that —

            (a)         a circumstance referred to in subregulation (1)(a), (b), (c), (d), (e) or (f) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and

            (b)         the duty holder has not adequately reviewed the control measure in response to the circumstance.



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