Duty to provide supervision
379 Duty to provide supervision
A person conducting a business or undertaking at a workplace must provide any supervision to a worker that is necessary to protect the worker from risks to the worker’s health and safety arising from the work if, at the workplace, the worker—
uses, handles, generates or stores a hazardous chemical; or
operates, tests, maintains, repairs or decommissions a storage or handling system for a hazardous chemical; or
is likely to be exposed to a hazardous chemical.
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).
The person must ensure that the supervision of the worker is suitable and adequate having regard to—
the nature of the risks associated with the hazardous chemical; and
the information, training and instruction required under section 39 (Provision of information, training and instruction—Act, s 19).
Note In addition, the Act, s 19 (3) (f) requires the provision of information, training, instruction and supervision.
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