WORK HEALTH AND SAFETY REGULATION 2011 - REG 44
Provision to workers and use of personal protective equipment
WORK HEALTH AND SAFETY REGULATION 2011 - REG 44
Provision to workers and use of personal protective equipment
44 Provision to workers and use of personal protective equipment
(1) This section applies if personal protective equipment is to be used to
minimise a risk to health and safety in relation to work at a workplace under
section 36.
(2) The person conducting a business or undertaking who directs
the carrying out of work must provide the personal protective equipment to
workers at the workplace, unless the personal protective equipment has been
provided by another person conducting a business or undertaking.
Penalty—
Maximum penalty—60 penalty units.
Example—
equipment that has been provided by a labour hire company
(3)
The person conducting the business or undertaking who directs the carrying out
of work must ensure that personal protective equipment provided under
subsection (2) is—
(a) selected to minimise risk to health and safety,
including by ensuring that the equipment is—
(i) suitable having regard to
the nature of the work and any hazard associated with the work; and
(ii) a
suitable size and fit and reasonably comfortable for the worker who is to use
or wear it; and
(b) maintained, repaired or replaced so that it continues to
minimise risk to the worker who uses it, including by ensuring that the
equipment is—
(i) clean and hygienic; and
(ii) in good working order; and
(c) used or worn by the worker, so far as is reasonably practicable.
(4) The
person conducting a business or undertaking who directs the carrying out of
work must provide the worker with information, training and instruction in
the—
(a) proper use and wearing of personal protective equipment; and
(b)
the storage and maintenance of personal protective equipment.
Penalty—
Maximum penalty for subsection (4) —60 penalty units.
Note—
A person conducting a business or undertaking must not charge or
impose a levy on a worker for the provision of personal protective equipment,
see section 273 of the Act .
