Document ID: chunk:federal_register_of_legislation:F2016L00411:front:0:p4
Version: federal_register_of_legislation:F2016L00411
Segment Type: other
Provision Reference: 
Character Range: 7629–10248

an important role in eliminating or minimising the risks of falls in the design stage.
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 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[1]
    * 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 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.

1.3 What is required to manage the risk of falls?

Regulation 297: A person conducting a business or undertaking must manage risks associated with the carrying out of construction work.
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 risk control
    * maintain the implemented control measure so