64—Duty to eliminate or minimise risk
(1) This regulation
applies in relation to plant or a structure that includes a space that is, or
is intended to be, a confined space.
(2) A designer,
manufacturer, importer or supplier of the plant or structure, and a person who
installs or constructs the plant or structure, must ensure that—
(a) the
need for any person to enter the space and the risk of a person inadvertently
entering the space are eliminated, so far as is reasonably practicable; or
(b) if
it is not reasonably practicable to eliminate the need to enter the space or
the risk of a person inadvertently entering the space—
(i)
the need or risk is minimised so far as is reasonably
practicable; and
(ii)
the space is designed with a safe means of entry and
exit; and
(iii)
the risk to the health and safety of any person who
enters the space is eliminated so far as is reasonably practicable or, if it
is not reasonably practicable to eliminate the risk, the risk is minimised so
far as is reasonably practicable.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
Note—
WHS Act—sections 22, 23, 24, 25 or 26 (see regulation 9).