Document ID: chunk:federal_register_of_legislation:F2016L00425:body:0:p4
Version: federal_register_of_legislation:F2016L00425
Segment Type: other
Provision Reference: 
Character Range: 9282–11939

they do not adversely affect the health and safety of other persons. Workers must comply with any reasonable instruction given by the person conducting the business or undertaking.

1.2 The meaning of key terms

Fall means a fall by a person from one level to another.
Risk of a fall means a circumstance that exposes a worker while at work, or other person while
at or in the vicinity of a workplace, to a risk of a fall that is reasonably likely to cause injury to the worker or other person. This includes circumstances in which the worker or other person is:
    * in or on plant or a structure that is at an elevated level
    * in or on plant that is being used to gain access to an elevated level
    * in the vicinity of an opening through which a person could fall
    * in the vicinity of an edge over which a person could fall
    * on or in the vicinity of a surface through which a person could fall
    * on or near the vicinity of a slippery, sloping or unstable surface.
Risk control means taking action to eliminate health and safety risks so far as is reasonably practicable, and if that is not possible, minimising the risks so far as is reasonably practicable. Eliminating a hazard will also eliminate any risks associated with that hazard.
Competent person means a person who has acquired through training, qualification or experience the knowledge and skills to carry out the task.

Further definitions relating to fall control measures are listed in Appendix A.

1.3 What is required to manage the risk of falls?

Regulation 34-38: In order to manage risk under the WHS Regulations, a duty holder must:
    * identify reasonably foreseeable hazards that could give rise to the risk
    * eliminate the risk so far as is reasonably practicable
    * if it is not reasonably practicable to eliminate the risk – minimise the risk so far as is reasonably practicable by implementing control measures in accordance with the hierarchy of control
    * maintain the implemented control measure so that it remains effective
    * review, and if necessary revise, risk control measures so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health and safety.
This Code provides guidance on how to manage the risks of persons falling from one level to another by following a systematic process that involves:

    * identifying hazards that may cause injury
    * if necessary, assessing the risks associated with these hazards
    * implementing risk control measures
    * reviewing risk control measures to ensure they are effective.
Guidance on the general risk management process is available