Australian Capital Territory Numbered Regulations

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WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 107

Training about confined spaces

    (1)     A person conducting a business or undertaking at a workplace commits an offence if the person does not provide training relating to entering and working in confined spaces to anyone who is required to work in a confined space at the workplace.

Maximum penalty: 30 penalty units.

    (2)     A person conducting a business or undertaking at a workplace commits an offence if the person does not provide training relating to entering and working in confined spaces to anyone who is appointed as a standby person for the workplace.

Maximum penalty: 30 penalty units.

    (3)     A person conducting a business or undertaking at a workplace 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.

    (4)     A person conducting a business or undertaking at a workplace commits an offence if the person 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: 20 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 103.

training must include instruction in each of the following:

        (a)     the hazards of confined spaces;

        (b)     risk assessment procedures;

        (c)     risk management steps;

        (d)     emergency procedures;

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



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