(1) If a risk assessment identifies a risk to health or safety arising from entry to or work in a confined space, the operator of a prescribed ship or prescribed unit must:
(a) eliminate the risk; or
(b) if it is not reasonably practicable to eliminate the risk—take measures, in accordance with this clause, to control the risk.
Priority of risk control measures
(2) Risk control measures should be undertaken in the following order of priority:
(a) elimination;
(b) substitution;
(c) isolation;
(d) engineering controls;
(e) administrative controls;
(f) use of personal protective equipment.
Offence—breach of duty—document risk control measures
(3) The operator of a prescribed ship or prescribed unit must document the measures in subclause (2) that are taken to address a risk identified in a risk assessment.
When personal protective equipment should be used
(4) Personal protective equipment should be used:
(a) when all of the other risk control measures (individually or in combination) have failed to adequately control the risk; or
(b) in an emergency response.
Offence—breach of duty—personal protective equipment is properly fitted
(5) If personal protective equipment is needed for an individual, the operator of a prescribed ship or prescribed unit must ensure that it is fitted to suit the individual.
15 Using purging agent
Offence—breach of duty—use of purging agent
If a confined space must be cleared of an airborne contaminant, the operator of a prescribed ship or prescribed unit must ensure that:
(a) the contaminant is removed by using a suitable purging agent; and
(b) the purging agent is not pure oxygen or a gas mixture with an oxygen content greater than 21% by volume.
16 Gas used for ventilation purposes
Offence—breach of duty—oxygen content in gas used for a ventilation purpose
The operator of a prescribed ship or prescribed unit must ensure that gas used for ventilation purposes is not pure oxygen or a gas mixture with an oxygen content greater than 21% by volume.
17 Isolating hazardous services
Offence—breach of duty—positively isolate all potentially hazardous services before entry to a confined space
(1) An operator of a prescribed ship or prescribed unit must ensure that, before a person enters or works in a confined space, all potentially hazardous services including all process services normally connected to that space are positively isolated in order to prevent:
(a) the introduction of materials, contaminants, agents or conditions harmful to persons in the confined space; and
(b) the activation or energising of equipment or services which could pose a risk to the health or safety of persons within the confined space.
(2) In this clause:
process services includes hot water pipes, sewer pipes and gas pipes.
18 Flammable airborne contaminants
Offence—breach of duty—ensure flammable airborne contaminant and oxygen concentrations are below certain levels
(1) Before a person enters a confined space where a flammable contaminant is present in the atmosphere the operator of a prescribed ship or prescribed unit must ensure that:
(a) the concentration of any flammable airborne contaminant is less than 5% of the contaminant’s LEL; and
(b) the oxygen content of the atmosphere is no more than 23.5%.
(2) Subclause (1) does not apply to entry into a confined space for the purpose of responding to an emergency.
Note: A defendant bears an evidential burden in relation to the matter mentioned in subclause (2) (see subsection 13.3(3) of the Criminal Code).
Offence—breach of duty—remove persons from and monitor a confined space at certain concentrations of flammable contaminant
(3) If, after 1 or more persons have entered and are working in a confined space, the concentration of a flammable contaminant in the atmosphere of the confined space is found to be 5%, or greater than 5% and less than 10%, of the contaminant’s LEL, the operator of a prescribed ship or prescribed unit must ensure that:
(a) the person or persons are removed from the confined space; or
(b) there is continuous monitoring with a suitably calibrated detector for the flammable contaminant in the confined space at all times when the person or persons are present in the confined space.
Offence—breach of duty—remove persons from a confined space
(4) The operator of a prescribed ship or prescribed unit must ensure that all persons are removed from a confined space if the concentration of a flammable contaminant in the atmosphere of the confined space is found to be 10% or greater of the contaminant’s LEL.
19 Supplied‑air respiratory equipment
(1) Subclause (2) applies if, after all risk control measures have been undertaken for a confined space:
(a) the oxygen content in the atmosphere in the confined space is 19.5% or less; or
(b) the airborne contaminants in the confined space cannot be reduced to a level below the relevant exposure standards.
Offence—breach of duty—ensure a person is equipped with supplied air respiratory equipment
(2) The operator of a prescribed ship or prescribed unit must ensure that a person does not enter or work in the confined space unless the person is equipped with supplied‑air respiratory equipment that is:
(a) maintained in a proper working condition; and
(b) fitted to suit the person.
20 Stand‑by person
Offence—breach of duty—provide stand‑by person
If a risk assessment identifies a risk to health or safety arising from entry to or work in a confined space, the operator of a prescribed ship or prescribed unit must ensure that at least one competent person (a stand‑by person):
(a) is near the confined space when it is occupied for work; and
(b) can:
(i) if practicable, see each person in the confined space; and
(ii) be in continuous communication with each person in the confined space; and
(iii) communicate with the officer of the watch; and
(iv) operate and monitor equipment used to ensure safety during work in the confined space; and
(v) initiate emergency response arrangements.
21 Equipment to be provided
Offence—breach of duty—provide equipment required by permit to work
(1) The operator of a prescribed ship or prescribed unit must provide the equipment identified in a permit to work in a confined space as necessary for work in the confined space.
Offence—breach of duty—provide accessible and suitable equipment
(2) The operator of a prescribed ship or prescribed unit must ensure that equipment provided for entry to or work in the confined space is:
(a) accessible; and
(b) suitable for the work to be carried out.
(3) An offence against subclause (2) is an offence of strict liability.
22 Equipment—maintenance
Offence—breach of duty—maintain equipment
(1) The operator of a prescribed ship or prescribed unit must ensure that equipment provided for use in, or in connection with, entry to or work in a confined space or during an emergency response is maintained as fit for the purpose for which it was provided.
Record of maintenance to be kept
(2) The operator of a prescribed ship or prescribed unit must make a record of the maintenance of the equipment.
Note: Clause 31 sets out the period for which the record must be kept.
23 Emergency and first aid procedures
Offence—breach of duty—document and make available emergency and first aid procedures
(1) The operator of a prescribed ship or prescribed unit must ensure that emergency and first aid procedures appropriate to a confined space are in a written document available to all persons who may enter or work in the confined space.
Note: Clause 31 sets out the period for which the document must be kept.
Offence—breach of duty—ensure emergency procedures are practiced
(2) The operator of a prescribed ship or prescribed unit must ensure that a person who may enter or work in a confined space has practised the emergency procedures before the person enters or works in the confined space.
Offence—breach of duty—provide information before emergency response
(3) The operator of a prescribed ship or prescribed unit must ensure that before a person, who will be involved in an emergency response in a confined space, enters the confined space, the person is informed about:
(a) the nature of the emergency; and
(b) the content of the permit to work in the confined space; and
(c) the hazards and the risks identified in the risk assessment for the confined space.
Division 3—Permit to work
24 Permit to work
(1) A permit to work, for a confined space, is a document, issued by the operator of a prescribed ship or prescribed unit, that identifies the following:
(a) the location of the confined space;
(b) the person who has direct control of entry to or work in the confined space;
(c) the work to be conducted in the confined space;
(d) the hazards in the confined space;
(e) the risk control measures necessary for safe entry and work in the confined space;
(f) the persons required to enter or work in the confined space;
(g) the period of validity of the permit;
(h) if one or more stand‑by persons is required—the number of stand‑by persons required;
(i) equipment required for work in the confined space, including equipment for the following purposes:
(i) personal protection;
(ii) emergencies;
(iii) rescue;
(iv) first aid;
(v) communication;
(vi) fire suppression;
(vii) ventilation;
(viii) lifting;
(ix) lighting.
(2) The operator of a prescribed ship or prescribed unit must keep a record of all persons who both:
(a) are permitted to enter or work in a confined space under a permit to work; and
(b) enter into and exit from the confined space.
Note: Clause 31 sets out the period for which:
(a) a permit to work must be kept; and
(b) a record mentioned in this subclause must be kept.
25 Operator’s duty—permit to work required for entry to or work in confined space
Offences—breach of operator duties relating to permits to work in confined spaces
(1) The operator of a prescribed ship or prescribed unit must ensure that no person enters or works in a confined space unless there is a valid permit to work for the confined space.
(2) The operator of a prescribed ship or prescribed unit must ensure that no person enters or works in a confined space unless the person is identified on a valid permit to work as a person who may work in the confined space.
(3) The operator of a prescribed ship or prescribed unit must ensure that before a person enters the confined space the person is informed about the content of the permit to work for the confined space.
(4) Subclauses (1) to (3) do not apply to an entry to or work in a confined space for the purpose of responding to an emergency.
Note: A defendant bears an evidential burden in relation to the matter mentioned in subclause (4) (see subsection 13.3(3) of the Criminal Code).
26 Employee’s duty—entry to or work in confined space
Offences—breach of employee duties relating to entry or work in confined spaces
(1) An employee must not enter a confined space unless the employee is identified on a valid permit to work for the confined space as a person who may enter the confined space.
(2) An employee must not work in a confined space unless the employee is identified on a valid permit to work for the confined space as a person who may work in the confined space.
(3) An employee must carry out work in a confined space in accordance with the employee’s training.
(4) An employee must carry out work in a confined space in accordance with the requirements of the permit to work for the confined space.
(5) An employee must report to the operator of a prescribed ship or prescribed unit any matter, including defects in equipment, that may affect the operator’s compliance with the provisions of this Schedule as soon as practicable after becoming aware of the matter.
Offences are of strict liability
(6) An offence against subclause (1), (2), (3), (4) or (5) is an offence of strict liability.
(7) Subclauses (1), (2) and (4) do not apply to an entry to or work in a confined space for the purpose of responding to an emergency.
Note: A defendant bears an evidential burden in relation to the matter mentioned in subclause (7) (see subsection 13.3(3) of the Criminal Code).
27 When a permit to work is valid
(1) A permit to work is valid when issued if it relates to a confined space for which a risk assessment under clause 8 has been completed and is valid.
When a permit to work ceases to be valid
(2) A permit to work ceases to be valid if:
(a) the permit expires; or
(b) the permit is withdrawn under clause 28; or
(c) the risk assessment for the confined space to which the permit relates ceases to be valid under clause 9; or
(d) there is a change:
(i) in who has direct control of entry to or work in the confined space; or
(ii) in the work permitted under the permit; or
(e) there is a break in work continuity.
When an invalid permit becomes valid again
(3) A permit to work that has ceased to be valid under paragraph (2)(c) becomes valid again at the time that:
(a) the risk assessment to which the permit relates becomes valid again under clause 10; and
(b) the permit is changed as required by subclause 9(3).