Work Health and Safety Regulation 2011 Reprint current from 1 July 2019 to date (accessed 23 October 2019 at 19:21)
Chapter 3Part 3.1Section 34
Duty to identify hazards
Chapter 3Part 3.1Section 35
A duty holder, in managing risks to health and safety, must identify reasonably foreseeable hazards that could give rise to risks to health and safety.
Management of risk
A duty holder, in managing risks to health and safety, must—
(a) eliminate risks to health and safety so far as is reasonably practicable; and
(b) if it is not reasonably practicable to eliminate risks to health and safety—minimise those risks so far as is reasonably practicable.
Chapter 3Part 3.1Section 36
Hierarchy of control measures
(1) This section applies if it is not reasonably practicable for a duty holder to eliminate risks to health and safety.
(2) A duty holder, in minimising risks to health and safety must implement risk control measures under this section.
(3) The duty holder must minimise risks, so far as is reasonably practicable, by doing one or more of the following—
(a) substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk;
(b) isolating the hazard from any person exposed to it;
(c) implementing engineering controls.
(4) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls.
(5) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by ensuring the provision and use of suitable personal protective equipment.
Note— A combination of the controls set out in this section may be used to minimise a risk, so far as is practicable, if a single control is not sufficient for the purpose.
Chapter 3Part 3.1Section 37
Maintenance of control measures
A duty holder who implements a control measure to eliminate or minimise risks to health and safety must ensure that the control measure is, and is maintained so that it remains, effective, including by ensuring that the control measure is and remains—
(a) fit for purpose; and
(b) suitable for the nature and duration of the work; and
(c) installed, set up and used correctly.
Chapter 3Part 3.1Section 38
Review of control measures
(1) A duty holder must review and, as necessary, revise control measures implemented under this regulation so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety.
(2) Without limiting subsection (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;
•the results of monitoring show that the control measure does not control the risk
•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 this regulation indicate that a review is necessary;
(e) a health and safety representative requests the review under subsection (4).
(3) Without limiting subsection (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 mentioned in subsection (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.