44Provision to workers and use of personal protective equipment

44  Provision to workers and use of personal protective equipment  (1) This regulation applies if personal protective equipment is to be used to minimise a risk to health and safety in relation to work at a workplace in accordance with regulation 36.  (2) The person conducting a business or undertaking who directs the carrying out of work must provide the personal protective equipment to workers at the workplace, unless the personal protective equipment has been provided by another person conducting a business or undertaking. Example: Equipment that has been provided by a labour hire company. 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) The person conducting the business or undertaking who directs the carrying out of work must ensure that personal protective equipment provided under subregulation (2) is:  (a) selected to minimise risk to health and safety, including by ensuring that the equipment is:  (i) suitable having regard to the nature of the work and any hazard associated with the work; and  (ii) a suitable size and fit and reasonably comfortable for the worker who is to use or wear it; and  (b) maintained, repaired or replaced so that it continues to minimise risk to the worker who uses it, including by ensuring that the equipment is:  (i) clean and hygienic; and  (ii) in good working order; and  (c) used or worn by the worker, so far as is reasonably practicable.  (4) The person conducting a business or undertaking who directs the carrying out of work must provide the worker with information, training and instruction in the:  (a) proper use and wearing of personal protective equipment; and  (b) the storage and maintenance of personal protective equipment. Note 1: A person conducting a business or undertaking must not charge or impose a levy on a worker for the provision of personal protective equipment (see section 273 of the Act). Note 2: 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.