Australian Capital Territory Numbered Regulations

OCCUPATIONAL HEALTH AND SAFETY (GENERAL) REGULATION 2007 (NO 36 OF 2007) - REG 65

    (1)     An employer must provide training relating to entering and working in confined spaces to anyone who is —

        (a)     required to work in a confined space at the workplace; and

        (b)     to be appointed as a standby person for the workplace.

    (2)     An employer may also provide the training to—

        (a)     anyone who does 1 or more of the following:

              (i)     assesses the safety of confined spaces;

              (ii)     issues entry permits for confined spaces;

              (iii)     designs and fixes the layout of workplaces;

              (iv)     supervises people working in or near confined spaces;

              (v)     maintains equipment used in confined spaces;

              (vi)     purchases, distributes, fits, wears or maintains personal protective and safety equipment used for work in confined spaces; and

        (b)     anyone who could be involved in rescue and first aid procedures involving a confined space.

    (3)     The training mentioned in subsection (1) and subsection (2) must include instruction in the following:

        (a)     the hazards of confined spaces;

        (b)     risk assessment procedures;

        (c)     risk minimisation measures;

        (d)     emergency procedures;

        (e)     selection, use, fitting and maintenance of safety equipment.

    (4)     An employer commits an offence if the employer fails to make a written record of—

        (a)     the training given under this section; and

        (b)     the people to whom the training is given.

Maximum penalty: 10 penalty units.

    (5)     An offence against this section is a strict liability offence.

    (6)     In this section:

"standby person" means a person appointed as a standby person under section 61.