401Review of control measures

401  Review of control measures  (1) A person conducting a business or undertaking at a workplace must ensure that any 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 regulation 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 regulation 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; 1   Results of any monitoring. 2   A notifiable incident occurs because of the risk.  (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 these Regulations indicate that a review is necessary;  (g) a health and safety representative requests a review under subregulation (3);  (h) the regulator requires the review;  (i) at least once every 5 years. Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.  (2) Without limiting paragraph (1)(d), a change at the workplace includes:  (a) a change to the workplace itself or any aspect of the work environment; or  (b) a change to a system of work, a process or a procedure.  (3) 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 paragraph (1)(a), (b), (c), (d), (e) or (f) 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. Division 3—Lead risk work