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

Loose but enclosed materials

27 Managing risks associated with loose but enclosed materials

(1)

A PCBU must manage, in accordance with regulations 5 to 8, the risks to health and safety associated with a worker becoming trapped or engulfed by material.

(2)

In subclause (1), material means material—

(a)

that consists of or includes solid material in such a form or state, or in pieces or particles so small, that it is capable of subsiding or flowing in such a manner as to trap or engulf any person; and

(b)

that is enclosed in a structure.

(3)

A PCBU who contravenes subclause (1) 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: SR 1995/167 r 15