Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 71

    (1)     This section applies if—

        (a)     it is reasonably foreseeable that a person could, while at a workplace—

              (i)     be struck by an object or other material capable of causing injury; or

              (ii)     be injured by coming into contact with a sharp object; or

              (iii)     be subject to a risk to health or safety because of exposure to a substance, agent, contaminant, radiation or extreme of temperature; or

              (iv)     be exposed to a risk of injury to eyesight or to hearing capacity; or

        (b)     the person should be highly visible because of the nature of the workplace.

Examples—par (b)

1     poor lighting conditions

2     the proximity of the work to vehicles or other mobile plant

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)     A person conducting a business or undertaking at a workplace commits an offence if adequate personal protective and safety equipment is not provided to anyone at the workplace.

Maximum penalty: 30 penalty units.

    (3)     A person conducting a business or undertaking at a workplace commits an offence if—

        (a)     the use of personal protective equipment at the workplace may affect a person's ability to communicate with other people; and

        (b)     appropriate steps are not taken to ensure that this does not create a risk to the health or safety of the person or anyone else.

Maximum penalty: 30 penalty units.

    (4)     A person in control of premises commits an offence if adequate personal protective and safety equipment is not provided to anyone at the premises.

Maximum penalty: 30 penalty units.

    (5)     A person in control of premises commits an offence if—

        (a)     the use of personal protective equipment at the premises may affect a person's ability to communicate with other people; and

        (b)     appropriate steps are not taken to ensure that this does not create a risk to the health or safety of the person or anyone else.

Maximum penalty: 30 penalty units.

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