Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 84

    (1)     A person conducting a business or undertaking at a workplace where there is a risk of unsafe oxygen levels or unsafe levels of unclassified inhalable dust commits an offence if the person does not ensure that—

        (a)     appropriate monitoring is undertaken at the workplace in accordance with a suitable procedure; and

        (b)     the results of the monitoring are recorded; and

        (c)     the monitoring records are readily accessible to anyone who may be put at risk by an unsafe level of oxygen or unclassified inhalable dust at the workplace; and

        (d)     safe oxygen levels and unclassified inhalable dust levels are maintained at the workplace.

Maximum penalty: 30 penalty units.

    (2)     A person in control of premises where there is a risk of unsafe oxygen levels or unsafe levels of unclassified inhalable dust commits an offence if the person does not ensure that—

        (a)     appropriate monitoring is undertaken at the premises in accordance with a suitable procedure; and

        (b)     the results of the monitoring are recorded; and

        (c)     the monitoring records are readily accessible to anyone who may be put at risk by an unsafe level of oxygen or unclassified inhalable dust at the premises; and

        (d)     safe oxygen levels and unclassified inhalable dust levels are maintained at the premises.

Maximum penalty: 30 penalty units.

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

Division 7.5     Heat and cold