Western Australian Current Regulations

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WORK HEALTH AND SAFETY ( GENERAL ) REGULATIONS 2022 - REG 41B

41B.         Duty to provide adequate seating

        (1)         If a worker’s work is done from a sitting position or is of a kind that can be satisfactorily done from a sitting position then the person conducting the business or undertaking must provide and maintain seating —

            (a)         that is designed having regard to the nature of the work to be performed and the characteristics of the work station; and

            (b)         that is strongly constructed, stable, comfortable and of suitable size and height for the worker; and

            (c)         that, if practicable, has a backrest or is otherwise designed to provide back support.

        Penalty for this subregulation:

            (a)         for an individual, a fine of $7 000;

            (b)         for a body corporate, a fine of $35 000.

        (2)         If a worker’s work is done from a standing position and the worker’s work allows the worker to sit from time to time then, so far as is reasonably practicable, the person conducting the business or undertaking must provide and maintain seating so that the worker may sit for the periods when the worker is not working.

        Penalty for this subregulation:

            (a)         for an individual, a fine of $7 000;

            (b)         for a body corporate, a fine of $35 000.



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