(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 for this subregulation:
WHS Act —
section 19 (see regulation 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 subregulation (1).
Penalty for this subregulation:
(a) for
an individual, a fine of $4 200;
(b) for
a body corporate, a fine of $21 000.
(3) The person
conducting the business or undertaking must ensure that a risk assessment
conducted under subregulation (2) is recorded in writing.
Penalty for this subregulation:
(a) for
an individual, a fine of $1 450;
(b) for
a body corporate, a fine of $7 000.
(4) For the purposes
of subregulations (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 regulation is reviewed and as necessary revised by a competent person to
reflect any review and revision of control measures under Part 3.1.
Penalty for this subregulation:
(a) for
an individual, a fine of $4 200;
(b) for
a body corporate, a fine of $21 000.