Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:379
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 379
Character Range: 506028–507241

379  Duty to provide supervision
 (1) A person conducting a business or undertaking at a workplace must provide any supervision to a worker that is necessary to protect the worker from risks to the worker's health and safety arising from the work if, at the workplace, the worker:
 (a) uses, handles, generates or stores a hazardous chemical; or
 (b) operates, tests, maintains, repairs or decommissions a storage or handling system for a hazardous chemical; or
 (c) is likely to be exposed to a hazardous chemical.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (2) The person must ensure that the supervision of the worker is suitable and adequate having regard to:
 (a) the nature of the risks associated with the hazardous chemical; and
 (b) the information, training and instruction required under regulation 39.
Note: In addition, paragraph 19(3)(f) of the Act requires the provision of information, training, instruction and supervision.

Division 8—Prohibition, authorisation and restricted use