Document ID: chunk:federal_register_of_legislation:F2016L00425:body:0:p3
Version: federal_register_of_legislation:F2016L00425
Segment Type: other
Provision Reference: 
Character Range: 6813–9517

a recommended course
of action, while 'may' is used to indicate an optional course of action.
This Code also includes various references to sections of the WHS Act and Regulations which
set out the legal requirements. These references are not exhaustive. The words 'must', 'requires' or 'mandatory' indicate that a legal requirement exists and must be complied with.

1.  INTRODUCTION

Falls are a major cause of death and serious injury in Australian workplaces. Fall hazards are found in many workplaces where work is carried out at height, for example stacking shelves, working on a roof, unloading a large truck or accessing silos. Falls can also occur at ground
level into holes, for example trenches or service pits.

1.1  Who has health and safety duties in relation to falls?
A person conducting a business or undertaking has the primary duty under the WHS Act
to ensure, as far as reasonably practicable, that workers and other persons are not exposed
to health and safety risks arising from the business or undertaking.
A person conducting a business or undertaking has more specific obligations under the WHS Regulations to manage the risk of a fall by a person from one level to another, including requirements to:
    * ensure, so far as is reasonably practicable, that any work involving the risk of a fall
      is carried out on the ground or on a solid construction
    * provide safe means of access to and exit from the workplace
    * minimise the risk of falls so far as is reasonably practicable by providing a fall prevention device, work positioning system or a fall arrest system.
Designers, manufacturers, suppliers, importers and installers of plant or structures that could be used for work must ensure, so far as is reasonably practicable, that the plant or structure is without risks to health and safety. Designers of plant or structures have an important role in eliminating or minimising the risks of falls in the design stage (see Chapter 10 of this Code).

Officers, such as company directors, have a duty to exercise due diligence to ensure that the business or undertaking complies with the WHS Act and Regulations. This includes taking reasonable steps to ensure that the business or undertaking has and uses appropriate resources and processes to eliminate or minimise risks of falls from one level to another that are likely to cause injury.
Workers have a duty to take reasonable care for their own health and safety and that 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