Health and Safety at Work (Hazardous Substances) Regulations 2017

4.6 Duty of PCBU to provide supervision

(1)

Without limiting regulation 9 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, a PCBU must provide a worker at the workplace with the supervision that is necessary to protect the worker from risks to his or her health and safety arising from the worker’s work, if the worker—

(a)

uses, handles, manufactures, or stores hazardous substances at the workplace; or

(b)

operates, tests, maintains, repairs, or decommissions plant used in the use, handling, manufacture, or storage of hazardous substances at the workplace; or

(c)

is likely to be exposed to hazardous substances at the workplace.

(2)

The PCBU must ensure that the supervision provided under subclause (1) is suitable and adequate having regard to—

(a)

the nature of the risks associated with the hazardous substance; and

(b)

the knowledge and experience of the worker.

(3)

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

(a)

for an individual, to a fine not exceeding $6,000:

(b)

for any other person, to a fine not exceeding $30,000.

Compare: Model Work Health and Safety Regulations r 379 (Aust)