(1A) In this
regulation —
fall prevention device includes —
(a) a
secure fence; and
(b) edge
protection; and
(c)
working platforms; and
(d)
covers.
(1) This regulation
applies if it is not reasonably practicable for the person conducting a
business or undertaking at a workplace to eliminate the risk of a fall to
which regulation 78 applies.
(2) The person must
minimise the risk of a fall by providing adequate protection against the risk
in accordance with this regulation.
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 person
provides adequate protection against the risk if the person provides and
maintains a safe system of work, including by —
(a)
providing a fall prevention device if it is reasonably practicable to do so;
or
(b) if
it is not reasonably practicable to provide a fall prevention device,
providing a work positioning system; or
(c) if
it is not reasonably practicable to comply with either paragraph (a)
or (b), providing a fall arrest system, so far as is reasonably
practicable.
Notes for this subregulation:
1. See
regulation 5 for definitions of fall arrest system and work positioning
system .
2. A combination of
the controls set out in this subregulation may be used to minimise risks, so
far as is practicable, if a single control is not sufficient for the purpose.
Examples for this subregulation:
1. Providing temporary
work platforms.
2. Providing training
in relation to the risks involved in working at the workplace.
3. Providing safe work
procedures, safe sequencing of work, safe use of ladders, permit systems and
appropriate signs.
(4) This regulation
does not apply in relation to the following work —
(a) the
performance of stunt work;
(b) the
performance of acrobatics;
(c) a
theatrical performance;
(d) a
sporting or athletic activity;
(e)
horse riding.
Note for this subregulation:
Regulation 36
applies to the management of risk in relation to this work.