Australian Capital Territory Numbered Regulations

OCCUPATIONAL HEALTH AND SAFETY (GENERAL) REGULATION 2007 (NO 36 OF 2007) - REG 33

    (1)     This section applies if—

        (a)     because of the nature of the work, an employee must work in a place from which the employee could fall; and

        (b)     if the employee fell—it is likely that the employee would be injured.

Examples of places—par (a)

1     an elevated workplace

2     near an opening

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     The employer must provide reasonable protection against the employee falling from the place.

    (3)     Without limiting subsection (2), the employer must—

        (a)     provide a safe means of entry to and exit from the place; and

        (b)     as far as reasonably practicable, provide a protective barrier for the place; and

        (c)     if it is not reasonably practicable to provide a protective barrier—provide and maintain a safe system of work for the place.

Examples—par (b)

1     a fence

2     a guard rail

3     safety mesh

4     a cover for an opening

    (4)     In addition to subsection (3), if the employee is carrying out maintenance work on a structure, the employer must ensure that the employee uses—

        (a)     a properly installed building maintenance unit; or

        (b)     scaffolding or a working platform; or

        (c)     if it is not reasonably practicable to use a building maintenance unit, scaffolding or a working platform—a safety harness attached to a safety line attached to an anchorage that is appropriate taking into account the situation of the work and the construction of the structure.

    (5)     In providing and maintaining a safe system of work for subsection (3) (c), the employer must consider the following:

        (a)     providing training in relation to risks associated with working in the place;

        (b)     providing supervision or assistance for people working in the place;

        (c)     whether it is practicable to use a fall-arresting device;

        (d)     if a safe working platform cannot reasonably be provided—whether it is practicable to use a safety harness or pole safety static-line system.

    (6)     In this section:

"building maintenance unit" means a power-operated suspended platform and related equipment that is—

        (a)     designed to provide access to a face of a building for maintenance purposes; and

        (b)     permanently installed on the building.