Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 66

    (1)     A person conducting a business or undertaking must manage, in accordance with part 3.1 (Managing risks to health and safety), risks to health and safety associated with a confined space at a workplace including risks associated with entering, working in, on or in the vicinity of the confined space (including a risk of a person inadvertently entering the confined space).

Note     title="A2011-35">WHS Act

— s 19 (see  s 9).

    (2)     A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purposes of subsection (1).

Maximum penalty:

        (a)     in the case of an individual—$3 600; or

        (b)     in the case of a body corporate—$18 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (3)     The person must ensure that a risk assessment conducted under subsection (2) is recorded in writing.

Maximum penalty:

        (a)     in the case of an individual—$1 250; or

        (b)     in the case of a body corporate—$6 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (4)     For the purposes of subsections (1) and (2), the person conducting a business or undertaking must have regard to all relevant matters, including the following:

        (a)     whether the work can be carried out without the need to enter the confined space;

        (b)     the nature of the confined space;

        (c)     if the hazard is associated with the concentration of oxygen or the concentration of airborne contaminants in the confined space—any change that may occur in that concentration;

        (d)     the work required to be carried out in the confined space, the range of methods by which the work can be carried out and the proposed method of working;

        (e)     the type of emergency procedures, including rescue procedures, required.

    (5)     The person conducting a business or undertaking must ensure that a risk assessment under this section is reviewed and as necessary revised by a competent person to reflect any review and revision of control measures under part 3.1 (Managing risks to health and safety).

Maximum penalty:

        (a)     in the case of an individual—$3 600; or

        (b)     in the case of a body corporate—$18 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).