Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 74

    (1)     This section applies if—

        (a)     because of the nature of the work, a worker must work in a workplace from which the worker could fall; and

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

    (2)     A person conducting a business or undertaking at the workplace commits an offence if the person does not provide adequate protection against the worker falling from the workplace.

Maximum penalty: 30 penalty units.

    (3)     For this section, a person provides adequate protection at the workplace if the person—

        (a)     provides a safe means of entry to and exit from the workplace; and

        (b)     either—

              (i)     if it is reasonably practicable to provide a protective barrier for the workplace—provides the barrier; or

              (ii)     if it is not reasonably practicable to provide a protective barrier for the workplace—provides and maintains a safe system of work for the workplace.

    (4)     In this section:

"provides and maintains a safe system of work" includes each of the following:

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

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

        (c)     using a fall-arresting device in the workplace if practicable;

        (d)     if a safe working platform can reasonably be provided in the workplace—providing a safe working platform;

        (e)     if a safe working platform cannot reasonably be provided in the workplace—using a safety harness or pole safety static-line system if practicable.