Northern Territory Numbered Regulations Northern Territory Numbered Regulations(1) A person conducting a business or undertaking at a workplace must ensure that any measures implemented to control health risks from exposure to lead at the workplace are reviewed and as necessary revised in the following circumstances:
(a) a worker is removed from carrying out lead risk work at the workplace under regulation 415;
(b) the person obtains a health monitoring report for a worker under Division 4 that contains:
(i) test results that indicate that the worker has reached or exceeded the relevant blood lead level for that worker under regulation 415; and
(ii) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the lead risk work that triggered the requirement for health monitoring; and
(iii) any recommendation that the person conducting the business or undertaking take remedial measures, including a recommendation that the worker be removed from carrying out lead risk work at the workplace;
(c) the control measure does not control the risk it was implemented to control so far as is reasonably practicable;
(d) 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;
(e) a new relevant hazard or risk is identified;
(f) the results of consultation by the person under the Act or these Regulations indicate that a review is necessary;
(g) a health and safety representative requests a review under subregulation (3);
(h) the regulator requires the review;
(i) at least once every 5 years.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
Examples for subregulation (1)(c)
1 Results of any monitoring.
2 A notifiable incident occurs because of the risk.
(2) Without limiting subregulation (1)(d), 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.
(3) 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 (1)(a), (b), (c), (d), (e) or (f) 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.