189Guarding

189 Guarding

189 Guarding

(1) This section applies if a designer of plant uses guarding as a control measure.

(2) The designer must ensure, so far as is reasonably practicable, that the guarding designed for that purpose will prevent access to the danger point or danger area of the plant.

Maximum penalty—

(a) for an individual—73 penalty units, or

(b) for a body corporate—364 penalty units.

(3) The designer must ensure that—

(a) if access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant—the guarding is a permanently fixed physical barrier, or

(b) if access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant—the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time, or

(c) if it is not reasonably practicable to use guarding referred to in paragraph (a) or (b)—the guarding used is a physical barrier that can only be altered or removed by the use of tools, or

(d) if it is not reasonably practicable to use guarding referred to in paragraph (a), (b) or (c)—the design includes a presence-sensing safeguarding system that eliminates a risk arising from the area of the plant requiring guarding while a person or a part of a person is in the area being guarded.

Maximum penalty—

(a) for an individual—73 penalty units, or

(b) for a body corporate—364 penalty units.

(4) The designer must ensure that the guarding is designed—

(a) to be of solid construction and securely mounted so as to resist impact or shock, and

(b) to make bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable, and

(c) so as not to cause a risk in itself.

Maximum penalty—

(a) for an individual—73 penalty units, or