South Australian Current Regulations South Australian Current Regulations66—Managing risks to health and safety
(1) A
person conducting a business or undertaking must manage, in accordance with
Chapter 3 Part 1, 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—
WHS Act—section 19 (see regulation 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 subregulation (1).
Maximum penalty:
(a) In
the case of an individual—$3 600.
(b) In
the case of a body corporate—$18 000.
Expiation fee:
(a) In
the case of an individual—$432.
(b) In
the case of a body corporate—$2 160.
(3) The person must
ensure that a risk assessment conducted under subregulation (2) is
recorded in writing.
Maximum penalty:
(a) In
the case of an individual—$1 250.
(b) In
the case of a body corporate—$6 000.
(4) For the purposes
of subregulations (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 regulation is reviewed and as necessary revised by a competent
person to reflect any review and revision of control measures under
Chapter 3 Part 1.
Maximum penalty:
(a) In
the case of an individual—$3 600.
(b) In
the case of a body corporate—$18 000.
Expiation fee:
(a) In
the case of an individual—$432.
(b) In
the case of a body corporate—$2 160.