41Application of Part

41 Application of Part

(1) This Part applies to the prevention of falls.

1 A fall in this Part means an involuntary fall of more than 2 metres (see the definition of fall in regulation 5).

2 Section 21 of the Act imposes duties on employers to, so far as is reasonably practicable, provide and maintain a working environment that is safe and without risks to health. This includes managing risks associated with falls of 2 metres or less. In accordance with section 20(1) of the Act, employers must eliminate risks associated with falls of 2 metres or less so far as is reasonably practicable and, if it is not reasonably practicable to eliminate the risks, reduce those risks so far as is reasonably practicable, having regard to the matters set out in section 20(2) of the Act.

(2) This Part does not apply in relation to—

(a) the following activities that are carried out under the control or management of an employer—

(i) the performance of stunt work;

(ii) the performance of acrobatics;

(iii) a theatrical performance;

(iv) a sporting or athletic activity;

(v) the riding of a bicycle, motorcycle or all‑terrain vehicle;

(vi) horse riding;

(vii) rock climbing, recreational abseiling or any other similar activities; or

(b) a task that is undertaken on those parts of a building or structure (including stairs, fixed ladders, ramps and balconies) that—

(i) comply with any applicable requirements of AS 1657—Fixed platforms, walkways, stairways and ladders—Design, construction and installation; and

(ii) comply with any applicable requirements of the Building Regulations 2006[1]; and

(iii) are used for the purpose for which they were designed, including for entry and exit; or

(c) any activity determined by the Authority in accordance with subregulation (3).

(3) The Authority may determine an activity to be excluded from the application of this Part if the Authority is satisfied that the activity is of a similar nature to an activity referred to in subregulation (2)(a).