Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 106

    (1)     A person conducting a business or undertaking at a workplace commits an offence if the person does not ensure that appropriate atmospheric testing and monitoring is carried out in a confined space at the workplace if the space—

        (a)     is or may be contaminated with an atmospheric contaminant; or

        (b)     is or may be contaminated with a flammable contaminant; or

        (c)     has or may have an unsafe oxygen level.

Maximum penalty: 30 penalty units.

    (2)     A person in control of premises commits an offence if the person does not ensure that appropriate atmospheric testing and monitoring is carried out in a confined space at the premises if the space—

        (a)     is or may be contaminated with an atmospheric contaminant; or

        (b)     is or may be contaminated with a flammable contaminant; or

        (c)     has or may have an unsafe oxygen level.

Maximum penalty: 30 penalty units.

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