Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:41
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 41
Character Range: 137413–138907

41  Duty to provide and maintain adequate and accessible facilities
 (1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing facilities and eating facilities.
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 conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that the facilities provided under subregulation (1) are maintained so as to be:
 (a) in good working order; and
 (b) clean, safe and accessible.
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.
 (3) For the purposes of this regulation, a person conducting a business or undertaking must have regard to all relevant matters, including the following:
 (a) the nature of the work being carried out at the workplace;
 (b) the nature of the hazards at the workplace;
 (c) the size, location and nature of the workplace;
 (d) the number and composition of the workers at the workplace.

Division 3—First aid