Australian Capital Territory Numbered Regulations

OCCUPATIONAL HEALTH AND SAFETY (GENERAL) REGULATION 2007 (NO 36 OF 2007) - REG 61

    (1)     This section applies if—

        (a)     there is a confined space at a workplace; and

        (b)     someone is in the confined space.

    (2)     An employer must appoint 1 or more people as standby people for the workplace.

    (3)     An employer commits an offence if—

        (a)     the employer appoints a person as a standby person under subsection (2); and

        (b)     the person appointed—

              (i)     has not undertaken training in accordance with section 65; and

              (ii)     cannot operate the monitoring equipment used to ensure safety during entry to, and work in, the confined space; and

              (iii)     cannot initiate emergency procedures (including rescue procedures).

Maximum penalty: 10 penalty units.

    (4)     An offence against this section is a strict liability offence.

    (5)     An employer must ensure that a standby person—

        (a)     remains outside and near the confined space while anyone is in the confined space; and

        (b)     is able to communicate continuously with anyone in the confined space; and

        (c)     if practicable, is able to see anyone in the confined space.