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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011
401Review of control measures
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401 Review of control measures
ensure that any measures implemented to control health risks from
exposure to lead at the workplace are reviewed and as necessary
revised in the following circumstances:
(a) a worker is removed from carrying out lead risk work at the
workplace under regulation 415;
(b) the person obtains a health monitoring report for a worker
under Division 4 that contains:
(i) test results that indicate that the worker has reached or
exceeded the relevant blood lead level for that worker
under regulation 415; and
(ii) any advice that test results indicate that the worker may
have contracted a disease, injury or illness as a result of
carrying out the lead risk work that triggered the
requirement for health monitoring; and
(iii) any recommendation that the person conducting the
business or undertaking take remedial measures,
including a recommendation that the worker be removed
from carrying out lead risk work at the workplace;
(c) the control measure does not control the risk it was
implemented to control so far as is reasonably practicable;
(d) 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;
(e) a new relevant hazard or risk is identified;
(f) the results of consultation by the person under the Act or
these Regulations indicate that a review is necessary;
(g) a health and safety representative requests a review under
subregulation (3);
(h) the regulator requires the review;
(i) at least once every 5 years.
Work Health and Safety (National Uniform Legislation) Regulations 2011 308
Examples for subregulation (1)(c)
1 Results of any monitoring.
2 A notifiable incident occurs because of the risk.
(2) Without limiting subregulation (1)(d), 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.
(3) A health and safety representative for workers at a workplace may
request a review of a control measure if the representative
reasonably believes that:
(a) a circumstance referred to in subregulation (1)(a), (b), (c), (d),
(e) or (f) affects or may affect the health and safety of a
member of the work group represented by the health and
safety representative; and
(b) the duty holder has not adequately reviewed the control
measure in response to the circumstance.