OHS Code

Published Date: July 01, 2009
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Part 9 Fall Protection

Section 139 General protection

(1) Subject to subsections (3) through (8), an employer must ensure that a worker is protected from falling at a temporary or permanent work area if a worker may fall

(a) a vertical distance of 3 metres or more,

(b) a vertical distance of less than 3 metres if there is an unusual possibility of injury, or

(c) into or onto a hazardous substance or object, or through an opening in a work surface.

(2) For the purposes of this section, there is an unusual possibility of injury if the injury may be worse than an injury from landing on a solid, flat surface.

(3) To meet the requirement under subsection (1), an employer must install an engineering control such as a guardrail.

(4) Despite subsection (3), an employer must ensure that a worker at a permanent work area is protected from falling by a guardrail if the worker may fall a vertical distance of more than 1.2 metres and less than 3 metres.

(5) Despite subsections (3) and (4), if the use of a guardrail is not reasonably practicable, an employer must ensure that a worker uses a travel restraint system that meets the requirements of this Part.

(6) Despite subsection (5), if the use of a travel restraint system is not reasonably practicable, an employer must ensure that a worker uses a personal fall arrest system that meets the requirements of this Part.

(7) Despite subsection (6), if the use of a personal fall arrest system is not reasonably practicable, an employer must ensure that a worker uses an equally effective fall protection system that meets the requirements of this Part.

(8) A worker must use or wear the fall protection system the employer requires the worker to use or wear in compliance with this Code.