(1) This section applies if a service that may present a hazard in a confined space (a potentially hazardous service ) is normally connected to a confined space.
Examples—potentially hazardous service
1 a gas supply line
2 electrical wiring or cabling
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) A person conducting a business or undertaking at a workplace commits an offence if the person does not ensure that no-one enters a confined space at the workplace unless the potentially hazardous service is isolated or controlled in a way that prevents—
(a) the introduction of any material, contaminant, agent, or the creation of a condition, that may be harmful to someone in the space; or
(b) the activation or energising in any way of equipment or services that may pose a risk to the health or safety of someone in the space.
Maximum penalty: 30 penalty units.
(3) A person in control of premises commits an offence if the person does not ensure that no-one enters a confined space at the premises unless the potentially hazardous service is isolated or controlled in a way that prevents—
(a) the introduction of any material, contaminant, agent, or the creation of a condition, that may be harmful to someone in the space; or
(b) the activation or energising in any way of equipment or services that may pose a risk to the health or safety of someone in the space.
Maximum penalty: 30 penalty units.
(4) An offence against this section is a strict liability offence.