Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In this
regulation —
toxic atmosphere means any toxic atmosphere that
is of a kind other than a kind referred to in any of paragraphs (b) to
(f) of regulation 3.41.
(2) To the extent that
it is not practicable to prevent, by any of the means referred to in
regulation 3.39, a person at a workplace from being exposed to a toxic
atmosphere a person who, at the workplace, is an employer, the main contractor
or a self-employed person must ensure that each person who may be so exposed
is provided with respiratory protective equipment —
(a)
selected in accordance with AS/NZS 1715 to suit the circumstances of the case
and that is used and maintained in accordance with that Standard; and
(b)
complying with the relevant requirements of AS/NZS 1716.
(3) Nothing in
regulation 3.41 prevents a person from concluding, for purposes of
subregulation (2), that the appropriate respiratory protective equipment
in a particular case is equipment of a kind referred to in
regulation 3.41.
(4) A person who, at a
workplace, is an employer, the main contractor or a self-employed person and
who provides for use at a workplace respiratory protective equipment of any
kind must ensure that the equipment is readily accessible to persons at the
workplace who may need to use the equipment.
Penalty applicable to subregulations (2) and
(4): the regulation 1.16 penalty.
[Regulation 3.40 amended in Gazette
14 Dec 2004 p. 6018.]