New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 66

66 Managing risks to health and safety

(1) A person conducting a business or undertaking must manage, in accordance with Part 3.1, 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 clause 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 subclause (1).

: Maximum penalty--

(a) in the case of an individual--40 penalty units, or

(b) in the case of a body corporate--210 penalty units.

(3) The person must ensure that a risk assessment conducted under subclause (2) is recorded in writing.

: Maximum penalty--

(a) in the case of an individual--15 penalty units, or

(b) in the case of a body corporate--70 penalty units.

(4) For the purposes of subclauses (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 clause is reviewed and as necessary revised by a competent person to reflect any review and revision of control measures under Part 3.1.

: Maximum penalty--

(a) in the case of an individual--40 penalty units, or

(b) in the case of a body corporate--210 penalty units.