Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 101

    (1)     This section applies if—

        (a)     a safe oxygen level cannot be provided in a confined space at a workplace; or

        (b)     an atmospheric contaminant in a confined space at a workplace cannot be reduced to below the exposure standard under the national exposure standards.

    (2)     A person conducting a business or undertaking at a workplace commits an offence if the person allows—

        (a)     someone to enter a confined space at the workplace; and

        (b)     the person entering is not equipped with suitable personal protective and safety equipment including air supplied respiratory protective equipment.

Maximum penalty: 30 penalty units.

Note     For requirements if a person conducting a business or undertaking provides air supplied respiratory equipment for use at a workplace, see  s 69.

    (3)     A person in control of premises commits an offence if the person allows—

        (a)     someone to enter a confined space at the premises; and

        (b)     the person entering is not equipped with suitable personal protective and safety equipment including air supplied respiratory protective equipment.

Maximum penalty: 30 penalty units.

Note     For requirements if a person conducting a business or undertaking provides air supplied respiratory equipment for use at a workplace, see  s 69.

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