Australian Capital Territory Numbered Regulations

OCCUPATIONAL HEALTH AND SAFETY (GENERAL) REGULATION 2007 (NO 36 OF 2007) - REG 28

    (1)     If measures taken by an employer to minimise a risk include the use of personal protective and safety equipment, the employer must provide each person at risk with personal protective and safety equipment and ensure that—

        (a)     the equipment provided is appropriate for the person and minimises the risk for the person; and

        (b)     the person is told of any limitation of the equipment; and

        (c)     the person is given the instruction and training necessary to ensure that the equipment minimises the risk for the person; and

        (d)     the equipment is properly maintained and repaired or replaced as frequently as is necessary to minimise the risk for the person; and

        (e)     the equipment is kept in a clean and hygienic condition.

Note     See also any relevant Australian Standards relating to the provision and use of personal protective and safety equipment.

    (2)     An employer commits an offence if personal protective and safety equipment used to minimise risk at a workplace is not stored in an accessible place at the workplace.

Maximum penalty: 10 penalty units.

    (3)     An employer commits an offence if—

        (a)     there are areas in the workplace where personal protective and safety equipment must be used; and

        (b)     the areas are not clearly identified.

Maximum penalty: 10 penalty units.

    (4)     An offence against this section is a strict liability offence.