Western Australian Consolidated Regulations

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OCCUPATIONAL SAFETY AND HEALTH REGULATIONS 1996 - REG 3.34

3.34 .         Responsibilities of persons who require personal protective clothing and equipment to be used

        (1)         If a person is required under any of these regulations to identify a hazard at a workplace and to assess the risk of injury or harm to a person resulting from the hazard and the person concludes from the assessment process that personal protective clothing or equipment should be used at the workplace then the person must ensure that —

            (a)         the person who uses the clothing or equipment is instructed in relation to the correct fitting, use, selection, testing, maintenance and storage of the clothing or equipment;

            (b)         the person who uses the clothing or equipment is informed of the limitations in the use of the clothing or equipment;

            (c)         the clothing or equipment is maintained in good working order;

            (d)         the clothing or equipment is replaced —

                  (i)         when it no longer provides the level of protection required to protect the wearer or user against the particular hazard;

                  (ii)         when the safe working life, as specified by the person who manufactured the clothing or equipment, has expired; or

                  (iii)         subject to subregulation (2), when it is damaged and cannot be repaired;

                and

            (e)         the area of a workplace at which the clothing or equipment is required to be used by a person other than the person who provides the clothing or equipment is identified by signs in accordance, and complying, with AS 1319.

        Penalty: the regulation 1.16 penalty.

        (2)         A person does not commit an offence under subregulation (1)(d) if, proof of which is on the person, the clothing or equipment is repaired rather than replaced and —

            (a)         the repair is done by a competent person;

            (b)         the repair is done according to the specifications of the manufacturer of the equipment; and

            (c)         any replacement part used in the repair is that which is specified by the manufacturer of the equipment as the correct replacement part.

        [Regulation 3.34 amended in Gazette 14 Dec 2004 p. 6018.]



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