66Managing 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 regulation 9 ). |

(2)  A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purposes of subregulation (1) .

Penalty:  In the case of –

(a) an individual, a fine not exceeding $3 600; or

(b) a body corporate, a fine not exceeding $18 000.

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

Penalty:  In the case of –

(a) an individual, a fine not exceeding $1 250; or

(b) a body corporate, a fine not exceeding $6 000.

(4)  For the purposes of subregulations (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, any 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 regulation is reviewed and as necessary revised by a competent person to reflect any review and revision of control measures under .