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Coal Mining Safety and Health Act 1999
sec.37How obligation can be discharged if regulation or recognised standard made
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### sec.37 How obligation can be discharged if regulation or recognised standard made
If a regulation prescribes a way of achieving an acceptable level of risk, a person may discharge the person’s safety and health obligation in relation to the risk only by following the prescribed way.
If a regulation prohibits exposure to a risk, a person may discharge the person’s safety and health obligation in relation to the risk only by ensuring the prohibition is not contravened.
Subject to subsections (1) and (2) , if a recognised standard states a way or ways of achieving an acceptable level of risk, a person discharges the person’s safety and health obligation in relation to the risk only by—
adopting and following a stated way; or
adopting and following another way that achieves a level of risk that is equal to or better than the acceptable level.
(sec.37-ssec.1) If a regulation prescribes a way of achieving an acceptable level of risk, a person may discharge the person’s safety and health obligation in relation to the risk only by following the prescribed way.
(sec.37-ssec.2) If a regulation prohibits exposure to a risk, a person may discharge the person’s safety and health obligation in relation to the risk only by ensuring the prohibition is not contravened.
(sec.37-ssec.3) Subject to subsections (1) and (2) , if a recognised standard states a way or ways of achieving an acceptable level of risk, a person discharges the person’s safety and health obligation in relation to the risk only by— adopting and following a stated way; or adopting and following another way that achieves a level of risk that is equal to or better than the acceptable level.
- (a) adopting and following a stated way; or
- (b) adopting and following another way that achieves a level of risk that is equal to or better than the acceptable level.