(1A) In this
regulation —
solid construction means an area that
has —
(a) a
surface that is structurally capable of supporting all persons and things that
may be located or placed on it; and
(b)
barriers around its perimeter and any openings to prevent a fall; and
(c) an
even and readily negotiable surface and gradient; and
(d) a
safe means of entry and exit.
(1) A person
conducting a business or undertaking at a workplace must manage, in accordance
with Part 3.1, risks to health and safety associated with a fall by a
person from one level to another that is reasonably likely to cause injury to
the person or any other person.
Note for this subregulation:
WHS Act —
section 19 (see regulation 9).
(2)
Subregulation (1) includes the risk of a fall —
(a) in
or on an elevated workplace from which a person could fall; or
(b) in
the vicinity of an opening through which a person could fall; or
(c) in
the vicinity of an edge over which a person could fall; or
(d) on a
surface through which a person could fall; or
(e) in
any other place from which a person could fall.
(3) A person
conducting a business or undertaking must ensure, so far as is reasonably
practicable, that any work that involves the risk of a fall to which
subregulation (1) applies is carried out on the ground or on a solid
construction.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(4) A person
conducting a business or undertaking must provide safe means of access to and
exit from —
(a) the
workplace; and
(b) any
area within the workplace referred to in subregulation (2).
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(5) [not used]