77Confined space entry permit and risk assessment must be kept

77 Confined space entry permit and risk assessment must be kept

(1)  This regulation applies if a person conducting a business or undertaking –

(a) prepares a risk assessment under regulation 66 ; or

(b) issues a confined space entry permit under regulation 67 .

(2)  Subject to subregulation (3) , the person must keep –

(a) a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and

(b) a copy of the confined space entry permit until the work to which it relates is completed.

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.

(3)  If a notifiable incident occurs in connection with the work to which the assessment or permit relates, the person must keep the copy of the assessment or permit (as applicable) for at least 2 years after the incident occurs.

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)  The person must ensure that, for the period for which the assessment or permit must be kept under this regulation, a copy is available for inspection under the Act.

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.

(5)  The person must ensure that, for the period for which the assessment or permit must be kept under this regulation, a copy is available to any relevant worker on request.

Penalty:  In the case of –

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