Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 69

    (1)     A person conducting a business or undertaking at a workplace commits an offence if measures taken at the workplace to minimise a risk include the use of personal protective and safety equipment and—

        (a)     the equipment provided is not adequate for the person; or

        (b)     the equipment provided does not minimise the risk for the person; or

        (c)     the person is not told of any limitation of the equipment; or

        (d)     the person is not given the instruction and training necessary to ensure that the equipment minimises the risk for the person; or

        (e)     the equipment is not properly maintained and repaired or replaced as frequently as is necessary to minimise the risk for the person; and

        (f)     the equipment is not kept in a clean and hygienic condition.

Maximum penalty: 20 penalty units.

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

    (2)     A person conducting a business or undertaking at a workplace commits an offence if personal protective and safety equipment used to minimise risk at the workplace is not stored in an accessible place at the workplace.

Maximum penalty: 20 penalty units.

    (3)     A person conducting a business or undertaking at a workplace 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: 20 penalty units.

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