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

8 Duty to review control measures

(1)

A PCBU must review and, as necessary, revise control measures implemented under regulations so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health and safety.

(2)

Without limiting subclause (1), the PCBU must review and, as necessary, revise a control measure in the following circumstances:

(a)

if the control measure does not control the risk it was implemented to control so far as is reasonably practicable:

(b)

before a change at the workplace that is likely to give rise to a new or different risk to health and safety that the measure may not effectively control:

(c)

if a new relevant hazard or risk is identified:

(d)

if the PCBU obtains a health monitoring report in relation to a worker under regulation 38 that contains—

(i)

test results that indicate that the worker has been exposed to a substance hazardous to health at a concentration that may cause harm and has an elevated level of that substance or its metabolites in his or her body; or

(ii)

advice that test results indicate that the worker may have contracted a disease or an illness or suffered an injury as a result of carrying out work that involves a health hazard that triggered the requirement for health monitoring; or

(iii)

a recommendation that the PCBU take remedial measures, including a recommendation as to whether the worker can continue to carry out the work that involves a health hazard that triggered the requirement for health monitoring:

(e)

if the results of exposure monitoring carried out under regulation 30 determine that the concentration of a substance hazardous to health at the workplace exceeds a relevant prescribed exposure standard:

(f)

if the results of engagement with workers undertaken by the PCBU under the Act or regulations indicate that a review is necessary:

(g)

if a health and safety representative requests a review under subclause (4).

(3)

Without limiting subclause (2)(b), a change at the workplace includes—

(a)

a change to the workplace itself or any aspect of the work environment; or

(b)

a change to a system of work, a process, or a procedure.

(4)

A health and safety representative may request a review of a control measure if the representative reasonably believes that—

(a)

a circumstance referred to in subclause (2)(a), (b), (c), or (d) affects, or may affect, the health and safety of a member of the work group represented by the health and safety representative; and

(b)

the PCBU has not adequately reviewed the control measure in response to the circumstance.

Compare: Model Work Health and Safety Regulations (Aust) rr 38, 352