Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:210
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 210
Character Range: 310048–312212

210  Operational controls
 (1) The person with management or control of plant at a workplace must ensure that any operator's controls are:
 (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 person with management or control of the plant at a workplace must ensure that the operator's controls:
 (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, either:
 (i) cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant; or
 (ii) if subparagraph (i) cannot be complied with because the plant must be operated by a person other than the person who is carrying out the maintenance or cleaning of the plant, cannot be operated except by a person authorised by the person with management or control of the plant for that purpose; 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.