Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 103

    (1)     This section applies if—

        (a)     there is a confined space at a workplace; and

        (b)     someone is in the confined space.

    (2)     A person conducting a business or undertaking at the workplace commits an offence if the person does not appoint 1 or more people as standby people for the work in the confined space at the workplace.

Maximum penalty: 30 penalty units.

    (3)     A person conducting a business or undertaking at the workplace commits an offence if the person appoints a person as a standby person for the work in the confined space at the workplace and the person appointed—

        (a)     has not undertaken training in accordance with section  107 (Training about confined spaces); and

        (b)     cannot operate the monitoring equipment used to ensure safety during entry to, and work in, the confined space; and

        (c)     cannot initiate emergency procedures (including rescue procedures).

Maximum penalty: 30 penalty units.

    (4)     A person conducting a business or undertaking at the workplace commits an offence if the person does not ensure that a standby person—

        (a)     remains outside and near the confined space at the workplace while anyone is in the confined space; and

        (b)     is able to communicate continuously with anyone in the confined space; and

        (c)     if practicable, is able to see anyone in the confined space.

Maximum penalty: 30 penalty units.

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