352Review of control measures

352 Review of control measures

352 Review of control measures

In addition to the circumstances in section 38, a person conducting a business or undertaking at a workplace must ensure that the measures implemented to control risks in relation to a hazardous chemical at the workplace are reviewed and as necessary revised in the following circumstances—

(a) following a change to the safety data sheet for the hazardous chemical or the register of hazardous chemicals,

(b) if the person obtains a health monitoring report for a worker under Division 6 that contains—

(i) test results that indicate that the worker has been exposed to the hazardous chemical and has an elevated level of metabolites in the worker’s body for that hazardous chemical, or

(ii) advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work using, handling, generating or storing the hazardous chemical that triggered the requirement for health monitoring, or

(iii) a recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work using, handling, generating or storing the hazardous chemical that triggered the requirement for health monitoring,

(c) if monitoring carried out under section 50 determines that the airborne concentration of the hazardous chemical at the workplace exceeds the relevant exposure standard,

(d) at least once every 5 years.

Maximum penalty—

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

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