Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 98

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

        (a)     there is an uncontrolled risk to the health or safety of someone entering, occupying or working in a confined space or an uncontrolled risk of fire or explosion in a confined space; and

        (b)     the person does not ensure that either—

              (i)     no-one enters the confined space at the workplace; or

              (ii)     work is not performed in the 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 ensure that, before anyone enters a confined space at the workplace—

        (a)     the space contains a safe oxygen level; and

        (b)     any atmospheric contaminant in the space is reduced to below the exposure standard under the national exposure standards for the contaminant; and

Note     National exposure standards —see the dictionary.

        (c)     the concentration of any flammable contaminant in the atmosphere of the space is below 5% of its LEL; and

        (d)     the space is not extremely hot or extremely cold; and

        (e)     steps are taken to minimise any risk associated with the presence of vermin in the space.

Maximum penalty: 30 penalty units.

    (3)     A person conducting a business or undertaking at a workplace commits an offence if the person does not ensure that no-one enters or stays in a confined space at the workplace if the concentration of any flammable contaminant in the atmosphere of the space is 10% or more of its LEL.

Maximum penalty: 30 penalty units.

    (4)     A person in control of premises commits an offence if—

        (a)     there is an uncontrolled risk to the health or safety of someone entering, occupying or working in a confined space or an uncontrolled risk of fire or explosion in a confined space; and

        (b)     the person does not ensure that either—

              (i)     no-one enters the confined space at the premises; or

              (ii)     work is not performed in the confined space at the premises.

Maximum penalty: 30 penalty units.

    (5)     A person in control of premises commits an offence if the person does not ensure that, before anyone enters a confined space at the premises—

        (a)     the space contains a safe oxygen level; and

        (b)     any atmospheric contaminant in the space is reduced to below the exposure standard under the national exposure standards for the contaminant; and

Note     National exposure standards —see the dictionary.

        (c)     the concentration of any flammable contaminant in the atmosphere of the space is below 5% of its LEL; and

        (d)     the space is not extremely hot or extremely cold; and

        (e)     steps are taken to minimise any risk associated with the presence of vermin in the space.

Maximum penalty: 30 penalty units.

    (6)     A person in control of premises commits an offence if the person does not ensure that no-one enters or stays in a confined space at the premises if the concentration of any flammable contaminant in the atmosphere of the space is 10% or more of its LEL.

Maximum penalty: 30 penalty units.

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

    (8)     In this section:

"LEL"—see lower explosive limit .

"lower explosive limit" (or LEL ), of a flammable contaminant means the concentration of the contaminant in air below which the propagation of a flame does not occur on contact with an ignition source.