Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A person, who at a
workplace, is an employer, a main contractor, a self‑employed person, a
person having control of the workplace or a person having control of access to
the workplace must ensure —
(a) that
plant at the workplace is subject to appropriate checks, tests and inspections
necessary to reduce the risk of injury or harm occurring to a person at the
workplace; and
(b) that
inspection, repair, maintenance, alteration and cleaning of the plant
at the workplace is carried out having regard to
procedures recommended by the designer or manufacturer or, if those
recommendations are not available, procedures developed by a competent person;
and
(c)
where the function or condition of plant at the workplace is impaired to the
extent that it presents an immediate risk to safety or health, that the plant
is withdrawn from use until the plant is assessed and repaired under
regulation 4.38(1); and
(d) that
plant at the workplace is used only for the purpose for which it was designed,
unless the person has determined, and a competent person has assessed, that a
proposed change in use does not increase the risk of injury or harm occurring;
and
(e) that
measures are provided to prevent, as far as practicable, interference with
plant or the alteration or use of plant in a manner that could render the
plant a hazard to any person at the workplace; and
(f) that
every dangerous part of a fixed, mobile or hand held powered plant is, as far
as practicable, securely fenced or guarded in accordance with
regulation 4.29 unless the plant is so positioned or constructed that it
is as safe as it would be if securely fenced or guarded; and
(g) that
a fence or guard provided for the purposes of this regulation is constantly
maintained and of substantial construction taking into account its intended
purpose; and
(h) as
far as practicable, that any fence or guard provided for the purpose of this
regulation is kept in position while the plant is operated; and
(i)
in the cases where guarding of any moving part of the
plant does not eliminate the risk of entanglement or where it is not
practicable to guard a moving part of the plant, that persons do not operate,
or pass in close proximity to, the moving part unless a safe system of work is
in place to reduce the risk as far as is practicable.
Penalty: the regulation 1.16 penalty.
(2) A person does not
commit an offence under subregulation (1)(e) if the measures are designed
to allow interference with the plant or the alteration or use of the plant for
the purposes of dealing with an accident or emergency.
[Regulation 4.37 inserted in Gazette
8 Mar 2002 p. 976‑8; amended in Gazette
7 Jun 2002 p. 2737; 14 Dec 2004 p. 6018.]