Queensland Consolidated Acts

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WORKPLACE HEALTH AND SAFETY ACT 1995 - SECT 26

26 How obligations can be discharged if regulation etc. made

(1) If a regulation or ministerial notice prescribes a way of preventing or minimising exposure to a risk, a person discharges the person's workplace health and safety obligation for exposure to the risk only by following the prescribed way.

(2) If a regulation or ministerial notice prohibits exposure to a risk, a person discharges the person's workplace health and safety obligation for exposure to the risk only by ensuring the prohibition is not contravened.

(3) If a code of practice states a way of managing exposure to a risk, a person discharges the person's workplace health and safety obligation for exposure to the risk only by--

(a) adopting and following a stated way that manages exposure to the risk; or
(b) doing all of the following--
(i) adopting and following another way that gives the same level of protection against the risk;
(ii) taking reasonable precautions;
(iii) exercising proper diligence.


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