379Duty to provide supervision

379 Duty to provide supervision

(1)  A person conducting a business or undertaking at a workplace must provide any supervision to a worker that is necessary to protect the worker from risks to the worker's health and safety arising from the work if, at the workplace, the worker –

(a) uses, handles, generates or stores a hazardous chemical; or

(b) operates, tests, maintains, repairs or decommissions a storage or handling system for a hazardous chemical; or

(c) is likely to be exposed to a hazardous chemical.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $6 000; or

(b) a body corporate, a fine not exceeding $30 000.

(2)  The person must ensure that the supervision of the worker is suitable and adequate having regard to –

(a) the nature of the risks associated with the hazardous chemical; and

(b) the information, training and instruction required under regulation 39 .

| Note | | In addition, section 19(3)(f) of the Act requires the provision of information, training, instruction and supervision. |