Northern Territory Numbered Regulations

WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS (NO 59 OF 2011) - REG 79

    (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.

Maximum penalty:

(a)     in the case of an individual – $6 000.

(b)     in the case of a body corporate – $30 000.

Note for subregulation (2)

Strict liability applies to each physical element of this offence. See section 12B of the Act.

    (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.

Examples for subregulation (3)

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.

Note for subregulation (3)

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.

    (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 subregulation (4)

Regulation 36 applies to the management of risk in relation to this work.

    (5)     In this regulation:

"fall prevention device" includes:

(a)     a secure fence; and

(b)     edge protection; and

(c)     working platforms; and

(d)     covers.

Note for regulation 79

See regulation 5(1) for definitions fall arrest system and work positioning system .