Northern Territory Numbered Regulations

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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS (NO 59 OF 2011) - REG 38

Review of control measures

    (1)     A duty holder must review and as necessary revise control measures implemented under these Regulations so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety.

    (2)     Without limiting subregulation (1), the duty holder must review and as necessary revise a control measure in the following circumstances:

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

(b)     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;

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

(d)     the results of consultation by the duty holder under the Act or these Regulations indicate that a review is necessary;

(e)     a health and safety representative requests a review under subregulation (4).

Examples for subregulation (2)(a)

1     The results of monitoring show that the control measure does not control the risk.

2     A notifiable incident occurs because of the risk.

    (3)     Without limiting subregulation (2)(b), 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.

    (4)     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 (2)(a), (b), (c) or (d) 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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