66Managing risks to health and safety

66 Managing risks to health and safety

66 Managing risks to health and safety

(1) A person conducting a business or undertaking must manage, in accordance with Part 3.1, risks to health and safety associated with a confined space at a workplace including risks associated with entering, working in, on or in the vicinity of the confined space, including a risk of a person inadvertently entering the confined space.

Note—

WHS Act, section 19—see this regulation, section 9.

(2) A person conducting a business or undertaking must ensure that a competent person conducts a risk assessment for subsection (1).

Maximum penalty—

(a) for an individual—43 penalty units, or

(b) for a body corporate—217 penalty units.

(3) The person must ensure that a risk assessment conducted under subsection (2) is recorded in writing.

Maximum penalty—

(a) for an individual—15 penalty units, or

(b) for a body corporate—75 penalty units.

(4) For subsections (1) and (2), the person conducting a business or undertaking must have regard to all relevant matters, including the following—

(a) whether the work can be carried out without the need to enter the confined space,

(b) the nature of the confined space,

(c) if the hazard is associated with the concentration of oxygen or the concentration of airborne contaminants in the confined space—a change that may occur in that concentration,

(d) the work required to be carried out in the confined space, the range of methods by which the work can be carried out and the proposed method of working,

(e) the type of emergency procedures, including rescue procedures, required.

(5) The person conducting a business or undertaking must ensure that a risk assessment under this section is reviewed and, if necessary, revised by a competent person to reflect a review and revision of control measures under Part 3.1.

Maximum penalty—

(a) for an individual—43 penalty units, or

(b) for a body corporate—217 penalty units.