Document ID: chunk:federal_register_of_legislation:F2024C01055:front:0:p22
Version: federal_register_of_legislation:F2024C01055
Segment Type: other
Provision Reference: 
Character Range: 54002–56858

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 must, as soon as practicable after identifying the risk, and until the task has been redesigned:
 (a) implement as many of the following measures as are appropriate to control the risk factors:
 (i) the provision of mechanical aids to manual handling;
 (ii) the provision of personal protective equipment; and
 (iii) manual handling by team lifting; and
 (b) provide appropriate training to employees to give effect to each measure implemented under paragraph (a).
Penalty: 10 penalty units.
 (5) If it is not reasonably practicable for an employer to redesign a task, the employer must undertake the actions referred to in paragraphs (4)(a) and (b).
Penalty: 10 penalty units.

Division 3—Duties of an employee

3.06  Duties of an employee—use of training
 (1) An employee who has been given training in safe manual handling techniques in accordance with paragraph 3.05(3)(b) must carry out manual handling tasks in accordance with the training.
Penalty: 10 penalty units.
 (2) Strict liability applies to the physical element in subregulation (1) that the training in safe manual handling techniques is in accordance with paragraph 3.05(3)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) It is a defence to a prosecution for an offence against subregulation (1) if the employee 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).
 (4) An employee who has been given training to give effect to a measure implemented under subregulation 3.05(4) or (5) must carry out manual handling tasks in accordance with the training.
Penalty: 10 penalty units.
 (5) Strict liability applies to the physical element in subregulation (4) that the training is to give effect to a measure implemented under subregulation 3.05(4) or (5).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (6) It is a defence to a prosecution for an offence against subregulation (4) if the employee complied with the subregulation as far as reasonably practicable.
Note: A defendant bears an evidential burden in relation to the matter mentioned in subregulation (6) (see section 13.3 of the Criminal Code).

Part 4—Confined spaces
Note: Under subsection 109(1) of the Act, if the Minister approves a code of practice for confined spaces, it can be used to provide practical guidance to operators.

Division 1—Preliminary

4.01  Interpretation
 (1) In this Part:
 atmospheric monitoring means continuous measurement, over an uninterrupted duration of time, of: