Document ID: chunk:federal_register_of_legislation:F2024C01055:front:0:p21
Version: federal_register_of_legislation:F2024C01055
Segment Type: other
Provision Reference: 
Character Range: 51555–54230

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 plant that is used in the course of carrying out the task;
 (m) the organisation of work at:
 (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;
 (n) the work environment 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;
 (o) the skills and experience of each individual involved in carrying out the task;
 (p) the age of each individual involved in carrying out the task;
 (q) the clothing worn by each individual involved in carrying out the task;
 (r) the special needs of each individual involved in carrying out the task;
 (s) if the workplace is, or is on, a vessel—the stability of the vessel;
 (t) any other matter that is considered relevant following consultations required under the Act or these Regulations.
Penalty: 10 penalty units.
 (3) Strict liability applies to the physical element in paragraph (2)(t) that the consultations are required under the Act or these Regulations.
Note: For strict liability, see section 6.1 of the Criminal Code.

3.05  Duties of an employer—risk control
 (1) An employer must ensure that all risks to health and safety relating to carrying out a manual handling task are controlled in accordance with this regulation.
Penalty: 10 penalty units.
 (2) It is a defence to a prosecution for an offence against subregulation (1) 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 (2) (see section 13.3 of the Criminal Code).
 (3) The employer must:
 (a) subject to subregulation (5)—redesign the task:
 (i) to eliminate or minimise the risk associated with each risk factor assessed under regulation 3.04; or
 (ii) if it is not practicable to eliminate or minimise an assessed risk factor—to control the risk factor; and
 (b) provide appropriate training to employees involved in carrying out the task, including training in safe manual handling techniques; and
 (c) if possible, schedule the task for the lowest risk period of the operation.
Example for paragraph (c)
When the vessel on which the task is carried out is at dock, rather than at sea.
Penalty: 10 penalty units.
 (4) If the redesign of a task is reasonably practicable, but cannot be implemented within a reasonable time after a risk is identified, the employer