Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 77

    (1)     This section applies if a person conducting a business or undertaking—

        (a)     prepares a risk assessment under section 66 (Managing risks to health and safety—Act, s 19); or

        (b)     issues a confined space entry permit under section 67 (Confined space entry permit).

    (2)     Subject to subsection (3), the person must keep—

        (a)     a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and

        (b)     a copy of the confined space entry permit at least until the work to which it relates is completed.

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).

    (3)     If a notifiable incident occurs in connection with the work to which the assessment or permit relates, the person must keep the copy of the assessment or permit (as applicable) for at least 2 years after the incident occurs.

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)     The person must ensure that, for the period for which the assessment or permit must be kept under this section, a copy is available for inspection under the Act.

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).

    (5)     The person must ensure that, for the period for which the assessment or permit must be kept under this section, a copy is available to any relevant worker on request.

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).