(1) This regulation
applies if personal protective equipment must be used to minimise a risk to
health and safety in relation to work at a workplace in accordance with
regulation 36.
(2) The person
conducting a business or undertaking who directs the carrying out of work must
provide the personal protective equipment to workers at the workplace, unless
the personal protective equipment has been provided by another person
conducting a business or undertaking.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
Example for this subregulation:
Equipment that has
been provided by a labour hire company.
(3) The person
conducting the business or undertaking who directs the carrying out of work
must ensure that personal protective equipment provided under
subregulation (2) is —
(a)
selected to minimise risk to health and safety, including by ensuring that the
equipment is —
(i)
suitable having regard to the nature of the work and any
hazard associated with the work; and
(ii)
a suitable size and fit and reasonably comfortable for
the worker who must use or wear it;
and
(b)
maintained, repaired or replaced so that it continues to minimise risk to the
worker who uses it, including by ensuring that the equipment is —
(i)
clean and hygienic; and
(ii)
in good working order;
and
(c) used
or worn by the worker, so far as is reasonably practicable.
(4) The person
conducting a business or undertaking who directs the carrying out of work must
provide the worker with information, training and instruction in —
(a) the
proper use and wearing of personal protective equipment; and
(b) the
storage and maintenance of personal protective equipment.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
Note for this regulation:
A person conducting a
business or undertaking must not charge or impose a levy on a worker for the
provision of personal protective equipment (see section 273 of the Act).