Document ID: chunk:federal_register_of_legislation:F2024C01055:front:0:p20
Version: federal_register_of_legislation:F2024C01055
Segment Type: other
Provision Reference: 
Character Range: 49156–51768

handling carried out at the workplace are designed to be without risk to health and safety for the purposes of manual handling; and
 (c) the working environment of the workplace is designed to allow the safe performance of manual handling tasks.
Penalty: 10 penalty units.
Note 1: Subregulation 3.03(1) addresses an employer's duties in relation to employees, contractors and other persons at a workplace within the meaning of section 4 of the Act.
Note 2: Plant is defined in section 4 of the Act to include any machinery, equipment or tool, and any component thereof.

Employees at work
 (2) An employer under whose control an employee performs work must ensure that:
 (a) the plant and the containers used by the employee are designed, constructed and maintained to be without risk to health and safety when manually handled; and
 (b) the work systems involving manual handling carried out by the employee are designed to be without risk to health and safety for the purposes of manual handling; and
 (c) the working environment of a place at which the employee performs work is designed to allow the safe performance of manual handling tasks.
Penalty: 10 penalty units.
 (3) It is a defence to a prosecution for an offence against subregulation (1) or (2) if the employer complied with the subregulation as far as reasonably practicable.
Note: A defendant bears an evidential burden in relation to the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).

3.04  Duties of an employer—risk assessment
 (1) An employer must ensure that:
 (a) a manual handling task that is likely to be a risk to health and safety is examined; and
 (b) the risk is assessed in accordance with subregulation (2).
Penalty: 10 penalty units.
 (2) The employer must take into account as many of the following matters as are relevant in assessing a risk:
 (a) the actions and movements involved in the task;
 (b) the layout of:
 (i) the workplace at which the task is carried out; or
 (ii) the place, other than a workplace, at which the task is carried out;
 (c) the layout of the workstation at which the task is carried out;
 (d) the posture and position that must be taken by each individual involved in carrying out the task;
 (e) the duration of the task;
 (f) the frequency with which the task is carried out;
 (g) the location of each load involved in the task;
 (h) the distance that a load is moved as part of the task;
 (i) the weight involved in the task;
 (j) the force required to carry out the task;
 (k) the characteristics of each load involved in the task;
 (l) the characteristics of any