79Specific requirements to minimise risk of fall

79 Specific requirements to minimise risk of fall

79 Specific requirements to minimise risk of fall

(1) This section applies if it is not reasonably practicable for the person conducting a business or undertaking at a workplace to eliminate the risk of a fall to which section 78 applies.

(2) The person must minimise the risk of a fall by providing adequate protection against the risk in accordance with this section.

Maximum penalty—

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

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

(3) The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including by—

(a) providing a fall prevention device if it is reasonably practicable to do so, or

(b) if it is not reasonably practicable to provide a fall prevention device, providing a work positioning system, or

(c) if it is not reasonably practicable to comply with either paragraph (a) or (b), providing a fall arrest system, so far as is reasonably practicable.

Examples—

Note—

A combination of the controls set out in this subsection may be used to minimise risks, so far as is practicable, if a single control is not sufficient for the purpose.

(4) This section does not apply in relation to the following work—

(a) the performance of stunt work,

(b) the performance of acrobatics,

(c) a theatrical performance,

(d) a sporting or athletic activity,

(e) horse riding.

Note—

Section 36 applies to the management of risk in relation to this work.

(5) In this section—

fall prevention device includes the following—

(a) a secure fence,

(b) edge protection,

(c) working platforms,

(d) covers.

Note—