41Duty to provide and maintain adequate and accessible facilities

41 Duty to provide and maintain adequate and accessible facilities

(1)  A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing facilities and eating facilities.

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 conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that the facilities provided under subregulation (1) are maintained so as to be –

(a) in good working order; and

(b) clean, safe and accessible.

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.

(3)  For the purposes of this regulation, a person conducting a business or undertaking must have regard to all relevant matters including the following:

(a) the nature of the work being carried out at the workplace;

(b) the nature of the hazards at the workplace;

(c) the size, location and nature of the workplace;

(d) the number and composition of the workers at the workplace.