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WORK HEALTH AND SAFETY REGULATION 2011 - REG 66
Managing risks to health and safety
66 Managing risks to health and safety
(1) A person conducting a business or undertaking must, under part 3.1 ,
manage 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). Notes— 1 WHS Act — section 19 (see
section 9 ).
2 For general risk management requirements, see part 3.1 .
(2) A person conducting a business or undertaking must ensure that a risk
assessment is conducted by a competent person for the purpose of subsection
(1) . Penalty— Maximum penalty—36 penalty units.
(3) The person
must ensure that the risk assessment conducted under subsection (2) is
recorded in writing. Penalty— Maximum penalty— (a) for an
individual—12 1 / 2 penalty units; or
(b) for a body corporate—60penalty
units.
Note— In relation to the separate penalty for an individual and a body
corporate, see the note to section 50 (2) .
(4) For subsections (1) and (2)
, the person conducting a business or undertaking must have regard to all
relevant matters, including— (a) whether the work can be carried out without
the need to enter the confined space; and
(b) the nature of the
confined space; and
(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; and
(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; and
(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 section is reviewed and as necessary revised by a
competent person to reflect any review and revision of control measures under
part 3.1 . Penalty— Maximum penalty for subsection(5)—36 penalty
units.
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