43Duty to prepare, maintain and implement emergency plan

43  Duty to prepare, maintain and implement emergency plan  (1) A person conducting a business or undertaking at a workplace must ensure that an emergency plan is prepared for the workplace, that provides for the following:  (a) emergency procedures, including:  (i) an effective response to an emergency; and  (ii) evacuation procedures; and  (iii) notifying emergency service organisations at the earliest opportunity; and  (iv) medical treatment and assistance; and  (v) effective communication between the person authorised by the person conducting the business or undertaking to coordinate the emergency response and all persons at the workplace;  (b) testing of the emergency procedures, including the frequency of testing;  (c) information, training and instruction to relevant workers in relation to implementing the emergency procedures. 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) A person conducting a business or undertaking at a workplace must maintain the emergency plan for the workplace so that it remains effective. 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.  (3) For subregulations (1) and (2), the person conducting the business or undertaking must have regard to all relevant matters, including the following:  (c) the size and location of the workplace;  (d) the number and composition of the workers and other persons at the workplace.  (4) A person conducting a business or undertaking at a workplace must implement the emergency plan for the workplace in the event of an emergency. 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.