78Management of risk of fall

78 Management of risk of fall

(1)  A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1 , risks to health and safety associated with a fall by a person from 1 level to another that is reasonably likely to cause injury to the person or any other person.

| Note | | WHS Act – section 19 (see regulation 9 ). |

(2)  Subregulation (1) includes the risk of a fall –

(a) in or on an elevated workplace from which a person could fall; or

(b) in the vicinity of an opening through which a person could fall; or

(c) in the vicinity of an edge over which a person could fall; or

(d) on a surface through which a person could fall; or

(e) in any other place from which a person could fall.

(3)  A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that any work that involves the risk of a fall to which subregulation (1) applies is carried out on the ground or on a solid construction.

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.

(4)  A person conducting a business or undertaking must provide safe means of access to and exit from –

(a) the workplace; and

(b) any area within the workplace referred to in subregulation (2) .

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.

(5)  In this regulation, solid construction means an area that has –

(a) a surface that is structurally capable of supporting all persons and things that may be located or placed on it; and