Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 70

  (1)   A person conducting a business or undertaking must, so far as is reasonably practicable, eliminate any risk associated with work in a confined space in either of the following circumstances:

  (a)   the introduction of any substance or condition into the space from or by any plant or services connected to the space;

  (b)   the activation or energising in any way of any plant or services connected to the space.

Penalty:

  (a)   In the case of an individual--$3   600.

  (b)   In the case of a body corporate--$18   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (2)   If it is not reasonably practicable for the person to eliminate risk under subregulation   (1), the person must minimise that risk so far as is reasonably practicable.

Penalty:

  (a)   In the case of an individual--$3   600.

  (b)   In the case of a body corporate--$18   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.