Health and Safety at Work (General Risk and Workplace Management) Regulations 2016

Supervision, training, and instruction of workers

9 Duty to provide information, supervision, training, and instruction

(1)

A PCBU must ensure, so far as is reasonably practicable, that every worker who carries out work of any kind, uses plant of any kind, or deals with a substance of any kind that is capable of causing a risk in a workplace—

(a)

either—

(i)

has adequate knowledge and experience of similar places, and work, plant, or substances of that kind, to ensure that the worker carrying out the work, using the plant, or dealing with the substance is not likely to adversely affect the health and safety or cause harm to the worker or any other person; or

(ii)

is adequately supervised by a person who has that knowledge and experience; and

(b)

is adequately trained in the safe use of—

(i)

all plant, objects, substances, or equipment that the worker is or may be required to use or handle; and

(ii)

all personal protective equipment that the worker is or may be required to wear or use.

(2)

In complying with subclause (1), the PCBU must ensure that the supervision and training provided to a worker are suitable and adequate, having regard to—

(a)

the nature of the work carried out by the worker; and

(b)

the nature of the risks associated with the work at the time the supervision or training is provided; and

(c)

the control measures implemented in relation to the work that the worker is undertaking.

(3)

The PCBU must ensure, so far as is reasonably practicable, that the training is readily understandable by any person to whom it is provided.

(4)

In this regulation, training includes the provision of information or instruction.

(5)

A PCBU who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: 1992 No 96 s 13; Model Work Health and Safety Regulations (Aust) r 39