78Management of risk of fall

78 Management of risk of fall

78 Management of risk of fall

(1) A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with a fall by a person from one level to another that is reasonably likely to cause injury to the person or another person.

Note—

WHS Act, section 19—see this regulation, section 9.

(2) Subsection (1) includes the risk of a fall—

(a) in or on an elevated workplace from which a person could fall, or

(b) in the vicinity of an opening through which a person could fall, or

(c) in the vicinity of an edge over which a person could fall, or

(d) on a surface through which a person could fall, or

(e) in another place from which a person could fall.

(3) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that work that involves the risk of a fall to which subsection (1) applies is carried out on the ground or on a solid construction.

Maximum penalty—

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

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

(4) A person conducting a business or undertaking must provide safe means of access to and exit from—

(a) the workplace, and

(b) an area within the workplace referred to in subsection (2).

Maximum penalty—

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

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

(5) In this section—

solid construction means an area that has—

(a) a surface that is structurally capable of supporting all persons and things that may be located or placed on it, and

(b) barriers around its perimeter and any openings to prevent a fall, and

(c) an even and readily negotiable surface and gradient, and