Victorian Consolidated Regulations

8 Reg. 9.2.1: S.R. No. 127/2000 as amended by S.R. No. 96/2005. - SECT 3.3.4.

Control of risk

3.3.4. Control of risk



(1) An employer must ensure that if an employee is required to undertake a
task at the workplace that involves a risk of a fall, the risk is controlled,
so far as is reasonably practicable, by arranging for the task to be
undertaken-





   (a)  on the ground; or

   (b)  on a solid construction.

Notes 1. Act compliance-section 21 (see regulation 1.1.7). 2. See
subregulation (6) for the definition of solid construction.

(2) If it is not reasonably practicable to comply with subregulation (1), or
only part of a task may be undertaken in accordance with subregulation (1),
and a risk of a fall remains, the employer must reduce the risk, so far as is
reasonably practicable, by ensuring that a passive fall prevention device is
used.

Notes 1. Act compliance-section 21 (see regulation 1.1.7). 2. Examples of a
passive fall prevention device are given in the definition of that term in
regulation 1.1.5.

(3) If it is not reasonably practicable to comply with subregulations (1) and
(2), or only part of a task may be undertaken in accordance with those
subregulations, and a risk of a fall remains, the employer must reduce the
risk, so far as is reasonably practicable, by using a work positioning system.

Notes 1. Act compliance-section 21 (see regulation 1.1.7). 2. Work positioning
system is defined in regulation 1.1.5.

(4) If it is not reasonably practicable to comply with subregulations (1), (2)
and (3), or only part of a task may be undertaken in accordance with those
subregulations, and a risk of a fall remains, the employer must reduce the
risk, so far as is reasonably practicable, by putting in place a fall arrest
system.

Note 1. Act compliance-section 21 (see regulation 1.1.7). 2. Examples of a
fall arrest system are given in the definition of that term in regulation
1.1.5.

(5) If it is not reasonably practicable to comply with subregulations (1),
(2), (3) and (4), or only part of a task may be undertaken in accordance with
those subregulations, and a risk of a fall remains, the employer must reduce
the risk, so far as is reasonably practicable, by ensuring that-

   (a)  a fixed or portable ladder is used in accordance with regulation
        3.3.5; or

   (b)  an administrative control is used.

Note Act compliance-section 21 (see regulation 1.1.7).

(6) In this regulation, solid construction means an area that hasū

   (a)  a surface that is structurally capable of supporting people, material
        and any other loads intended to be applied to it; and

   (b)  barriers around its perimeter and any open penetrations to prevent a
        fall from the area; and

   (c)  an even and readily negotiable surface and gradient; and

   (d)  a safe means of access and egress.