44(1)An employer shall ensure that a ladder is available and maintained one metre above the crest of any unconsolidated material when an employee is working on top of the material or, in the case of access from the level above, the ladder extends to the unconsolidated material.

44(2)Where an employee is securing a stoping area from the top of unconsolidated material, an employer shall provide a safe area of retreat for the employee.

44(3)An employer shall provide the safe area of retreat required by subsection (2) by ensuring that the crest of the unconsolidated material is maintained not less than nine metres from the most advanced line of rockbolts or otherwise secured area.