Review of control measures
352 Review of control measures
In addition to the circumstances in section 38 (Review of control measures), a person conducting a business or undertaking at a workplace must ensure that any measures implemented to control risks in relation to a hazardous chemical at the workplace are reviewed and, as necessary, revised in any of the following circumstances:
after any change to the safety data sheet for the hazardous chemical or the register of hazardous chemicals;
if the person obtains a health monitoring report for a worker under division 7.1.6 (Health monitoring) that contains—
test results that indicate that the worker has been exposed to the hazardous chemical and has an elevated level of metabolites in their body for that hazardous chemical; or
any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work using, handling, generating or storing the hazardous chemical that triggered the requirement for health monitoring; or
any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work using, handling, generating or storing the hazardous chemical that triggered the requirement for health monitoring;
if monitoring carried out under section 50 (Monitoring airborne contaminant levels) determines that the airborne concentration of the hazardous chemical at the workplace exceeds the relevant exposure standard;
at least once every 5 years.
Maximum penalty: tier E monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
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