Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:190
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 190
Character Range: 285369–287198

190  Operational controls
 (1) A designer of plant must ensure that the design provides for any operator's controls for the plant to be:
 (a) identified on the plant so as to indicate their nature and function and direction of operation; and
 (b) located so as to be readily and conveniently operated by each person using the plant; and
 (c) located or guarded to prevent unintentional activation; and
 (d) able to be locked into the 'off' position to enable the disconnection of all motive power.
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) If the need for plant to be operated during maintenance or cleaning cannot be eliminated, the designer of the plant must ensure that the design provides for operator's controls that:
 (a) permit operation of the plant while a person is undertaking the maintenance or cleaning of the plant; and
 (b) while the plant is being maintained or cleaned, cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant; and
 (c) will allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning:
 (i) is eliminated so far as is reasonably practicable; or
 (ii) if it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable.
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.