Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 97

    (1)     A person conducting a business or undertaking at a workplace commits an offence if the person does not—

        (a)     identify each confined space at the workplace; and

        (b)     identify each reasonably foreseeable hazard associated with working in the space.

Maximum penalty: 20 penalty units.

    (2)     A person conducting a business or undertaking at a workplace commits an offence if the person does not ensure that a risk assessment is undertaken by a suitably qualified person before any work involving entering a confined space at the workplace is started for the first time.

Maximum penalty: 30 penalty units.

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

        (a)     there is evidence that risk assessment does not address, or no longer addresses, the risks posed by the confined space for which the assessment is undertaken; and

        (b)     the person does not ensure that the risk assessment is reviewed.

Maximum penalty: 20 penalty units.

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

    (5)     In this section:

"risk assessment" includes at least an assessment of—

        (a)     the nature of the space and the work to be done; and

        (b)     whether work can be done without entering the space; and

        (c)     different ways that the work can be done; and

        (d)     the risks associated with the method of work, the plant to be used and any potential hazard in the space.

"suitably qualified person", for a risk assessment, means someone who is suitably qualified by experience or training to carry out the risk assessment.