Supervision and training of workers
4.5 Duty of PCBU to provide information, training, and instruction
(1)           In addition to complying with regulation 9 of the Health and Safety at Work(General Risk and Workplace Management) Regulations 2016, a                        PCBU must ensure that every worker who uses, handles, manufactures, or stores a hazardous substance (including hazardous                  waste) is, before the worker is allowed to carry out or supervise work involving those substances, provided with--
              (a)           the information referred to in subclause (2); and
              (b)           the training and instruction referred to in subclause (3).
(2)           The information is--
               (a)          any operations in the worker’s work area where hazardous substances are present; and
               (b)          the location and availability of known reference material on the hazards, safe handling, and storage of the hazardous substances                                     found in the workplace, including (without limitation) safety data sheets.
(3)          The training and instruction must include--
               (a)           training and instruction in the following:
                              (i)            the physico-chemical and health hazards associated with the hazardous substances the worker uses at work:
                              (ii)           the procedures (if applicable) for the safe use, handling, manufacture, storage, and disposal of the hazardous substances:
                              (iii)          practice in the safe use of plant (including personal protective equipment) necessary to manage the hazardous substances:
                              (iiia)        the worker’s obligations under these regulations:
                              (iv)          the actions that the worker should take in an emergency involving the hazardous substances; and
               (b)          an appropriate period of practical experience of the matters described in paragraph (a), under direct supervision in                                     the workplace.
(4)           The information provided under subclause (2) and the training and instruction provided under subclause (3) may cover specific hazardous                          substances or groups of hazardous substances with the same hazardous properties.
(5)          A PCBU must--
               (a)          keep a record of training and instruction provided under this regulation for each worker; and
               (b)          ensure the record is available for inspection by an inspector or compliance certifier.
(6)           A PCBU who can demonstrate, by documentation or certification, that a worker’s previous experience or training (or both) has resulted in                         training equivalent to that described in subclause (3) is not required to provide training and instruction in accordance with subclause (3) unless                 the PCBU considers refresher training to be necessary.
(7)           Despite subclause (6), a worker with equivalent training who is new to the workplace must receive site-specific induction and have appropriate                 supervised experience at the new workplace.
(8)           A PCBU who contravenes subclause (1) commits an offence and is liable on conviction,--
               (a)           for an individual, to a fine not exceeding $10,000:
               (b)          for any other person, to a fine not exceeding $50,000.
(9)           A PCBU who contravenes subclause (5) commits an offence and is liable on conviction,--
               (a)           for an individual, to a fine not exceeding $2,000:
               (b)          for any other person, to a fine not exceeding $10,000.
4.6 Duty of PCBU to provide supervision
(1)           Without limiting regulation 9 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, a PCBU must                        provide a worker at the workplace with the supervision that is necessary to protect the worker from risks to his or her health and safety arising                  from the worker’s work, if the worker--
               (a)           uses, handles, manufactures, or stores hazardous substances at the workplace; or
               (b)           operates, tests, maintains, repairs, or decommissions plant used in the use, handling, manufacture, or storage of hazardous                                            substances at the workplace; or
               (c)           is likely to be exposed to hazardous substances at the workplace.
(2)           The PCBU must ensure that the supervision provided under subclause (1) is suitable and adequate having    regard to--
               (a)          the nature of the risks associated with the hazardous substance; and
               (b)          the knowledge and experience of the worker.
(3)           A PCBU who contravenes this regulation commits an offence and is liable on conviction,--
               (a)          for an individual, to a fine not exceeding $6,000:
               (b)          for any other person, to a fine not exceeding $30,000.