401Review of control measures

401 Review of control measures

401 Review of control measures

(1) A person conducting a business or undertaking at a workplace must ensure that 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 section 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 section 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,

Examples—

(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 this regulation indicate that a review is necessary,

(g) a health and safety representative requests a review under subsection (3),

(h) the regulator requires a review,

(i) at least once every 5 years.

Maximum penalty—

(a) for an individual—43 penalty units, or

(b) for a body corporate—217 penalty units.

(2) Without limiting subsection (1)(d), a change at the workplace includes—

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