(1)

An employer must ensure that any risks to health or safety arising from work are:

(a)

eliminated; or

(b)

if it is not reasonably practicable to eliminate the risks — minimised.

Penalty:   10 penalty units.

(2)

If it is reasonably practicable only to minimise risk, the employer must implement control measures by taking the following steps:

STEP 1: the application of engineering controls, including substitution, isolation and modifications to design and guarding.

STEP 2: if Step 1 does not minimise the risk, the application of administrative controls, including safe work practices.

STEP 3: if Step 2 does not minimise the risk, the provision of appropriate personal protection.

(3)

This Regulation does not limit the operation of any other regulation that expressly provides for the control of risks to the health or safety of a person at work.

Note   The Occupational Health and Safety (Commonwealth Employment) Act 1991 imposes general duties upon groups of persons. These general duties are supported by specific duties that are prescribed in these Regulations. This note identifies:

(a) the groups of people upon whom duties are imposed by the Act; and
(b) the provision of the Act which imposes the general duty.

1.   Employers
Employers are referred to in sections 16 (Duties of employers in relation to their employees) and 17 (Duty of employers in relation to third parties) of the Act.
2.   Manufacturers
Manufacturers of plant or substances are referred to in section 18 of the Act (Duties of manufacturers in relation to plant and substances).
3.   Suppliers
Suppliers of plant or substances are referred to in section 19 of the Act (Duties of suppliers in relation to plant and substances).
4.   Persons erecting or installing plant
Persons erecting or installing plant in a workplace are referred to in section 20 of the Act (Duties of person erecting or installing plant in a workplace).
5.   Employees
Employees are referred to in section 21 of the Act (Duties of employees in relation to occupational health and safety).