38Review of control measures

38 Review of control measures (1) A duty holder must review and as necessary revise control measures implemented under these Regulations so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety. (2) Without limiting subregulation (1), the duty holder must review and as necessary revise a control measure in the following circumstances: (a) the control measure does not control the risk it was implemented to control so far as is reasonably practicable;

Work Health and Safety (National Uniform Legislation) Regulations 2011 51 (b) before a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control; (c) a new relevant hazard or risk is identified; (d) the results of consultation by the duty holder under the Act or these Regulations indicate that a review is necessary; subregulation (4). Examples for subregulation (2)(a) 1 The results of monitoring show that the control measure does not control the risk. 2 A notifiable incident occurs because of the risk. (3) Without limiting subregulation (2)(b), a change at the workplace (a) a change to the workplace itself or any aspect of the work environment; or (b) a change to a system of work, a process or a procedure. (4) A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that: (b) the duty holder has not adequately reviewed the control measure in response to the circumstance.