Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 77

  (1)   This regulation applies if a person conducting a business or undertaking:

  (a)   prepares a risk assessment under regulation   66; or

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

  (2)   Subject to subregulation   (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.

Penalty:

  (a)   In the case of an individual--$1   250.

  (b)   In the case of a body corporate--$6   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.

  (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.

Penalty:

  (a)   In the case of an individual--$1   250.

  (b)   In the case of a body corporate--$6   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.

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

Penalty:

  (a)   In the case of an individual--$1   250.

  (b)   In the case of a body corporate--$6   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.

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

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.