A person conducting a business or undertaking must ensure that a worker does not enter a confined space to carry out work unless the person provides a system of work that includes:
(a) continuous communication with the worker from outside the space; and
(b) monitoring of conditions within the space by a standby person who is in the vicinity of the space and, if practicable, observing the work being carried out.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 69
Strict liability applies to each physical element of this offence. See section 12B of the Act.