Australian Capital Territory Numbered Regulations

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WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 100

Clearing containment before entry—particular measures

    (1)     This section applies if a confined space must be cleared of contaminants to comply with section 95 (Entry to and work in confined spaces).

    (2)     A person conducting a business or undertaking at a workplace commits an offence if the person does not ensure that, if appropriate, the confined space at the workplace is cleared of all contaminants by using a suitable purging agent that displaces contaminants from the space.

Maximum penalty: 30 penalty units.

    (3)     A person conducting a business or undertaking at a workplace commits an offence if the person does not ensure that pure oxygen or a gas mixture in a concentration of more than 21% of oxygen by volume is not used to purge or ventilate the confined space at the workplace.

Maximum penalty: 30 penalty units.

    (4)     A person in control of premises commits an offence if the person does not ensure that, if appropriate, the confined space at the premises is cleared of all contaminants by using a suitable purging agent that displaces contaminants from the space.

Maximum penalty: 30 penalty units.

    (5)     A person in control of premises commits an offence if the person does not ensure that pure oxygen or a gas mixture in a concentration of more than 21% of oxygen by volume is not used to purge or ventilate the confined space at the premises.

Maximum penalty: 30 penalty units.

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



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