38Review of control measures

38 Review of control measures

38 Review of control measures

(1) A duty holder must review and as necessary revise control measures implemented under this regulation so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety.

(2) Without limiting subsection (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,

Examples—

(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 this regulation indicate that a review is necessary,

(e) a health and safety representative requests a review under subsection (4).

(3) Without limiting subsection (2)(b), a change at the workplace includes—

(a) a change to the workplace itself or an aspect of the work environment, or

(b) a change to a system of work, a process or 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—

(a) a circumstance referred to in subsection (2)(a), (b), (c) or (d) 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.