64Duty to eliminate or minimise risk

64 Duty to eliminate or minimise risk

64 Duty to eliminate or minimise risk

(1) This section applies in relation to plant or a structure that includes a space that is, or is intended to be, a confined space.

(2) A designer, manufacturer, importer or supplier of the plant or structure, and a person who installs or constructs the plant or structure, must ensure that—

(a) the need for a person to enter the space and the risk of a person inadvertently entering the space are eliminated, so far as is reasonably practicable, or

(b) if it is not reasonably practicable to eliminate the need to enter the space or the risk of a person inadvertently entering the space—

(i) the need or risk is minimised so far as is reasonably practicable, and

(ii) the space is designed with a safe means of entry and exit, and

(iii) the risk to the health and safety of a person who enters the space is eliminated so far as is reasonably practicable or, if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.

Maximum penalty—

(a) for an individual—73 penalty units, or

(b) for a body corporate—364 penalty units.