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 of this Part 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;

| Examples | | 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.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $3 600; or