Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 71

    (1)     A person conducting a business or undertaking must ensure, in relation to work in a confined space, that—

        (a)     purging or ventilation of any contaminant in the atmosphere of the space is carried out, so far as is reasonably practicable; and

        (b)     pure oxygen or gas mixtures with oxygen in a concentration exceeding 21% by volume are not used for purging or ventilation of any airborne contaminant in the space.

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

        (b)     in the case of a body corporate—$30 000.

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

    (2)     The person must ensure that, while work is being carried out in a confined space—

        (a)     the atmosphere of the space has a safe oxygen level; or

        (b)     if it is not reasonably practicable to comply with paragraph (a) and the atmosphere in the space has an oxygen level less than 19.5% by volume—any worker carrying out work in the space is provided with air-supplied respiratory equipment.

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

        (b)     in the case of a body corporate—$30 000.

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

    (3)     In this section:

"purging" means the method used to displace any contaminant from a confined space.

Note 1     Section 44 applies to the use of personal protective equipment, including the equipment provided under s (2).

Note 2     Section 50 applies to airborne contaminants.