Victorian Repealed Regulations

This legislation has been repealed.

Occupational Health and Safety (Confined Spaces) Regulations 1996 - SECT 7

Duties which apply to a designer of plant which includes, or is intended to include, a confined space

7. Duties which apply to a designer of plant which includes, or is intended to
include, a confined space



(1) A designer of plant which includes, or is intended to include, a
confined space must ensure that the plant is designed so that-

   (a)  the need for any person to enter the space is eliminated; or

   (b)  if it is not practicable to eliminate the need to enter the space-

   (i)  the need to enter is reduced so far as is practicable; and

   (ii) any risk associated with the means of entry to and exit from the space
        is eliminated, or if it is not practicable to eliminate the risk,
        reduced so far as is practicable. Penalty: Body corporate-400 penalty
        units, or in any other case-100 penalty units.

(2) Sub-regulation (1) applies-

   (a)  to designs which are started on or after the date of commencement of
        these Regulations; and

   (b)  to alterations to existing designs which are started on or after that
        commencement; and

   (c)  to existing designs except where-

   (i)  the manufacture of plant to which the design applies has started
        before that commencement; or

   (ii) the designer no longer has control or management of the design.

(3) A designer of plant which includes, or is intended to include, a
confined space must comply with this regulation in relation to an
existing design to which this regulation applies before the start of
manufacture of the plant to which the design applies.

(4) In this regulation "existing design" means a design which was completed
before the date of commencement of these Regulations.