15Review of control measures

15 Review of control measures

15 Review of control measures

(1) A person conducting a business or undertaking at a mine or petroleum site must review and as necessary revise control measures implemented under section 14(5)(b) in the following circumstances—

(a) an audit of the effectiveness of the safety management system for the mine or petroleum site indicates a deficiency in a control measure,

(b) a worker is moved from a hazard or assigned to different work in response to a recommendation contained in a health monitoring report provided under Part 4,

(c) an incident referred to in section 124 occurs,

(d) another incident occurs that is required to be notified to the regulator under the WHS laws.

(2) The operator of a mine or petroleum site must ensure a control measure the subject of a request under the WHS Regulations, clause 38(4) is reviewed and as necessary revised, whether the request is made—

(a) to the operator by a health and safety representative, or

(b) notified to the operator under subsection (3).

(3) A person conducting a business or undertaking at the mine or petroleum site who is not the operator of the mine or petroleum site must immediately notify the operator of a request made to the person under the WHS Regulations, clause 38(4).

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(4) A health and safety representative for workers at a mine or petroleum site may request a review of a control measure under the WHS Regulations, clause 38(4) as if the circumstances referred to in subsection (1) were included as a circumstance in the WHS Regulations, clause 38(4)(a).