Section sec.34 - Mining and Quarrying Safety and Health Act 1999 - How obligation can be discharged if regulation or guideline made

sec.34How obligation can be discharged if regulation or guideline made

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### sec.34 How obligation can be discharged if regulation or guideline 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 that the prohibition is not contravened. Subject to subsections (1) and (2) , if a guideline 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. For this section and the following section, see defences provided for under division 4 . (sec.34-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.34-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 that the prohibition is not contravened. (sec.34-ssec.3) Subject to subsections (1) and (2) , if a guideline 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. For this section and the following section, see defences provided for under division 4 . - (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.