38Review of control measures

38 Review of control measures

(1)  A duty holder must review and as necessary revise control measures implemented under these regulations so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety.

(2)  Without limiting subregulation (1) , the duty holder must review and as necessary revise a control measure in the following circumstances:

(a) the control measure does not control the risk it was implemented to control so far as is reasonably practicable;

| Examples | | | 1. | The results of monitoring show that the control measure does not control the risk. | | 2. | A notifiable incident occurs because of the risk. |

(b) 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;

(c) a new relevant hazard or risk is identified;

(d) the results of consultation by the duty holder under the Act or these regulations indicate that a review is necessary;

(e) a health and safety representative requests a review under subregulation (4) .

(3)  Without limiting subregulation (2)(b) , 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.

(4)  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 subregulation (2)(a) , (b) , (c) or (d) 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.