Occupational Health and Safety (Confined Spaces) Regulations 1996
i
Occupational Health and Safety (Confined Spaces)
Regulations 1996
S.R. No. 148/1996
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objective 1
2. Authorising provision 1
3. Commencement 1
4. Definitions 2
5. Application of these Regulations in relation to other regulations
under the Act 4
6. Application of these Regulations in relation to an employer of an
emergency service employee 4
PART 2—DUTIES WHICH APPLY TO DESIGNERS,
MANUFACTURERS, IMPORTERS AND SUPPLIERS 6
7. Duties which apply to a designer of plant which includes, or is
intended to include, a confined space 6
8. Duties which apply to a manufacturer of plant which includes, or
is intended to include, a confined space 7
9. Duties which apply to an importer of plant which includes, or is
intended to include, a confined space 7
10. Duties which apply to a supplier of plant which includes, or is
intended to include, a confined space 8
PART 3—DUTIES WHICH APPLY TO EMPLOYERS 10
11. This Part only to apply to confined spaces under the control or
management of an employer 10
12. Employer's duty to consult health and safety representative in
certain circumstances 10
13. Hazard identification and risk assessment may be for classes of
confined spaces 10
14. Employer's duty to undertake hazard identification 11
15. Employer's duty to undertake and record risk assessment 11
16. Employer's general duty to control risk 12
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Regulation Page
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17. Employer's duty to undertake specific measures to control risk in
relation to isolation of plant and services connected to a confined
space 13
18. Employer's duty to undertake specific measures to control risk in
relation to the atmosphere of a confined space 13
19. Employer's duty to undertake specific measures to control risk in
relation to fire, explosion and flammable gases or vapours 15
20. Employer's duty to undertake specific measures to control risk in
relation to signs 16
21. Employer's duty to undertake specific measures to control risk in
relation to maintenance of plant 16
22. Employer's duties in relation to written approval for entry to a
confined space by an employee 16
23. Employer's duties in relation to communication and initiation of
emergency procedures by a stand-by person or alternative 17
24. Employer's duty to ensure procedure to know when employees
are in a confined space and record exit of employees on
completion of work 18
25. Employer's duties in relation to emergency procedures and other
matters in an emergency situation 18
26. Employer's duties in relation to information, instruction and
training 21
PART 4—DUTIES WHICH APPLY TO SELF-EMPLOYED
PERSONS 23
27. Self-employed person to generally have the same duties of an
employer 23
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NOTES 24
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1
STATUTORY RULES 1996
S.R. No. 148/1996
Occupational Health and Safety Act 1985
Occupational Health and Safety (Confined Spaces)
Regulations 1996
The Governor in Council makes the following Regulations:
Dated: 10 December 1996
Responsible Minister:
ROGER M. HALLAM
Minister for Finance
A. WILTSHIRE
Acting Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objective
The objective of these Regulations is to protect
people at work against risks to health or safety
associated with the entry to, work in and exit from
confined spaces.
2. Authorising provision
These Regulations are made under section 59 of
the Occupational Health and Safety Act 1985.
3. Commencement
These Regulations come into operation on 1
March 1997.
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4. Definitions
(1) In these Regulations—
"Act" means the Occupational Health and
Safety Act 1985;
"confined space" means a space in any vat, tank,
pit, pipe, duct, flue, oven, chimney, silo,
reaction vessel, container, receptacle,
underground sewer, shaft, well, trench,
tunnel or other similar enclosed or partially
enclosed structure, if the space—
(a) is, or is intended to be, or is likely to
be, entered by any person; and
(b) has a limited or restricted means for
entry or exit that makes it physically
difficult for a person to enter or exit the
space; and
(c) is, or is intended to be, at normal
atmospheric pressure while any person
is in the space; and
(d) contains, or is intended to contain, or is
likely to contain—
(i) an atmosphere that has a harmful
level of any contaminant; or
(ii) an atmosphere that does not have
a safe oxygen level; or
(iii) any stored substance, except
liquids, that could cause
engulfment;
"contaminant" means any substance which may
be harmful to health or safety;
"emergency procedures" means the procedures
established by an employer under regulation
25(1);
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"entry permit" means the written approval of an
employer to enter a confined space;
"hazard" means the potential to cause injury or
illness;
"relevant employee" means—
(a) any employee required to enter a
confined space; or
(b) any employee who has any function in
relation to work in a confined space or
the emergency procedures, but who is
not required to enter the space; or
(c) any person supervising any employee
referred to in paragraph (a) or (b);
"risk" means the likelihood of injury or illness
arising from exposure to any hazard;
"safe oxygen level" means an oxygen content in
air under normal atmospheric pressure that—
(a) is equal to or greater than 19.5 per cent
by volume (equivalent to a partial
pressure of oxygen of 19.8 kPa); but
(b) is equal to or less than 23.5 per cent by
volume (equivalent to a partial pressure
of oxygen of 23.9 kPa).
(2) Any reference in these Regulations to—
(a) "work in a confined space" means work in
the space by an employee and includes the
entry to and exit from the space by the
employee; and
(b) "designer", "manufacturer", "importer"
or "supplier" in relation to plant is a
reference to a person who designs,
manufactures, imports or supplies (as the
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case may be) that plant for use in a
workplace.
5. Application of these Regulations in relation to other
regulations under the Act
(1) If, in relation to plant, these Regulations impose
on any person a requirement which is inconsistent
with or equivalent to a requirement imposed by
the Occupational Health and Safety (Plant)
Regulations 1995 1 , the person is only required to
comply with the requirement imposed by these
Regulations 2 .
(2) If, in relation to a confined space, any regulation
made under the Act (other than these Regulations)
which deals with a specific hazard imposes on any
person a requirement which is inconsistent with or
equivalent to a requirement imposed by these
Regulations, the person is only required to comply
with the requirement imposed by the regulation
which deals with a specific hazard3 .
6. Application of these Regulations in relation to an
employer of an emergency service employee
(1) These Regulations do not apply to an employer of
an emergency service employee if at the direction
of the employer the employee is—
(a) undertaking the rescue of a person from a
confined space; or
(b) providing first aid to a person in a confined
space.
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(2) In this regulation "emergency service employee"
means—
(a) an officer or member of the police force of
Victoria; or
(b) an officer or member of a metropolitan fire
brigade; or
(c) an officer or member of an urban or rural fire
brigade; or
(d) an employee of an ambulance service; or
(e) a member of the Victoria State Emergency
Service.
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PART 2—DUTIES WHICH APPLY TO DESIGNERS,
MANUFACTURERS, IMPORTERS AND SUPPLIERS
7. Duties which apply to a designer of plant which
includes, or is intended to include, a confined space
(1) A designer of plant which includes, or is intended
to include, a confined space must ensure that the
plant is designed so that—
(a) the need for any person to enter the space is
eliminated; or
(b) if it is not practicable to eliminate the need to
enter the space—
(i) the need to enter is reduced so far as is
practicable; and
(ii) any risk associated with the means of
entry to and exit from the space is
eliminated, or if it is not practicable to
eliminate the risk, reduced so far as is
practicable.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(2) Sub-regulation (1) applies—
(a) to designs which are started on or after the
date of commencement of these Regulations;
and
(b) to alterations to existing designs which are
started on or after that commencement; and
(c) to existing designs except where—
(i) the manufacture of plant to which the
design applies has started before that
commencement; or
(ii) the designer no longer has control or
management of the design.
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(3) A designer of plant which includes, or is intended
to include, a confined space must comply with this
regulation in relation to an existing design to
which this regulation applies before the start of
manufacture of the plant to which the design
applies.
(4) In this regulation "existing design" means a
design which was completed before the date of
commencement of these Regulations.
8. Duties which apply to a manufacturer of plant which
includes, or is intended to include, a confined space
(1) A manufacturer of plant which includes, or is
intended to include, a confined space must ensure
that the plant is manufactured so that—
(a) the need for any person to enter the space is
eliminated; or
(b) if it is not practicable to eliminate the need to
enter the space—
(i) the need to enter is reduced so far as is
practicable; and
(ii) any risk associated with the means of
entry to and exit from the space is
eliminated, or if it is not practicable to
eliminate the risk, reduced so far as is
practicable.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(2) This regulation does not apply to plant
manufactured before the date of commencement
of these Regulations.
9. Duties which apply to an importer of plant which
includes, or is intended to include, a confined space
(1) Subject to sub-regulation (2), an importer of plant
which includes, or is intended to include, a
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confined space must ensure that the plant has been
designed and manufactured in accordance with
regulations 7 and 8 before the plant leaves the
control of the importer.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(2) If it is not practicable to comply with sub-
regulation (1) the importer must ensure, before the
plant leaves the control of the importer, that—
(a) the need for any person to enter the confined
space is eliminated; or
(b) if it is not practicable to eliminate the need to
enter the space—
(i) the need to enter is reduced so far as is
practicable; and
(ii) any risk associated with the means of
entry to and exit from the space is
eliminated, or if it is not practicable to
eliminate the risk, reduced so far as is
practicable.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(3) This regulation does not apply to plant ordered by
an importer before the date of commencement of
these Regulations.
10. Duties which apply to a supplier of plant which
includes, or is intended to include, a confined space
(1) Subject to sub-regulation (2), a supplier of plant
which includes, or is intended to include, a
confined space must ensure that the plant has been
designed and manufactured in accordance with
regulations 7 and 8 before the plant leaves the
control of the supplier.
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Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(2) If it is not practicable to comply with sub-
regulation (1) the supplier must ensure, before the
plant leaves the control of the supplier, that—
(a) the need for any person to enter the confined
space is eliminated; or
(b) if it is not practicable to eliminate the need to
enter the space—
(i) the need to enter is reduced so far as is
practicable; and
(ii) any risk associated with the means of
entry to and exit from the space is
eliminated, or if it is not practicable to
eliminate the risk, reduced so far as is
practicable.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(3) This regulation does not apply to plant ordered by
a supplier before the date of commencement of
these Regulations.
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PART 3—DUTIES WHICH APPLY TO EMPLOYERS
11. This Part only to apply to confined spaces under the
control or management of an employer
In this Part a reference to a confined space in
relation to an employer, means any confined space
under the control or management of the employer.
12. Employer's duty to consult health and safety
representative in certain circumstances
If practicable, an employer must consult with a
health and safety representative of a designated
work group when undertaking hazard
identification, risk assessment or control of risk
processes under these Regulations which relate to
work in a confined space that may affect the
health or safety of any member of the health and
safety representative's designated work group.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
13. Hazard identification and risk assessment may be for
classes of confined spaces
If an employer is required under these Regulations
to carry out hazard identification or risk
assessment procedures for a confined space, the
employer may carry out those procedures for a
class of confined space rather than for an
individual confined space if—
(a) all the confined spaces in the class are
similar in nature; and
(b) the hazard identification or risk assessment
procedures carried out for the class of
confined space do not result in any employee
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being subject to a different risk than if the
procedures were carried out for each
individual confined space.
14. Employer's duty to undertake hazard identification
An employer must ensure that all hazards
associated with work in a confined space are
identified, having regard to the state of knowledge
about the hazards.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
15. Employer's duty to undertake and record risk
assessment
(1) If a hazard is identified under regulation 14, an
employer must ensure that an assessment is made
to determine whether there is any risk associated
with that hazard.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(2) An employer must ensure that an assessment
under sub-regulation (1) takes into account—
(a) the nature of the confined space; and
(b) if a hazard is associated with the level of
oxygen or the level of any contaminant in the
atmosphere of the confined space, any
change that may occur in the level of oxygen
or contaminant; and
(c) the work required to be carried out in the
confined space, the range of methods by
which the work can be done and the selected
method of working; and
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(d) any work required to be performed outside
the confined space that may be associated
with a hazard; and
(e) the means of entry to and exit from the
confined space; and
(f) the type of emergency procedures required.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(3) An employer must ensure that an assessment
under this regulation is revised, or another
assessment is carried out, whenever changed
circumstances indicate that the assessment is no
longer adequate to determine the risks associated
with the hazard.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(4) An employer must ensure that the results of any
assessment are recorded and retained by the
employer while the assessment is relevant to the
confined space.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
16. Employer's general duty to control risk
(1) An employer must ensure that any risk associated
with work in a confined space is—
(a) eliminated; or
(b) if it is not practicable to eliminate the risk,
reduced so far as is practicable.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(2) Nothing in this Part (except regulation 11) limits
the operation of this regulation.
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17. Employer's duty to undertake specific measures to
control risk in relation to isolation of plant and
services connected to a confined space
An employer must ensure that any risk associated
with work in a confined space in relation to—
(a) the introduction of any substance or
condition from or by any plant or services
connected to the space; or
(b) the activation or energising in any way of
any plant or services connected to the space
—
is eliminated, or if it is not practicable to eliminate
the risk, reduced so far as is practicable.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
18. Employer's duty to undertake specific measures to
control risk in relation to the atmosphere of a
confined space
(1) An employer must ensure, in relation to work in a
confined space, that—
(a) so far as is practicable, purging or ventilation
of any contaminant in the atmosphere of the
space is carried out; and
(b) pure oxygen or gas mixtures with oxygen in
a concentration greater than 21 per cent by
volume are not used for purging or
ventilation of any contaminant in the
atmosphere of the space.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(2) An employer must ensure during work in a
confined space that—
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(a) the atmosphere of the space has a safe
oxygen level; or
(b) if it is not practicable to comply with
paragraph (a), the employee uses air supplied
respiratory protective equipment.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(3) An employer must ensure during work in a
confined space that if there is any contaminant in
the atmosphere of the space and the exposure
standard (if any) of the contaminant is exceeded in
respect of the circumstances of that work —
(a) the concentration of the contaminant is
reduced to or below the exposure standard
for that contaminant; or
(b) if it is not practicable to comply with
paragraph (a), the employee uses air supplied
respiratory protective equipment or other
appropriate personal protective equipment.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(4) In this regulation—
"exposure standard" of a contaminant means an
airborne concentration of that contaminant in
a person's breathing zone as set out in the
"Adopted National Exposure Standards for
Atmospheric Contaminants in the
Occupational Environment", published by
the National Occupational Health and Safety
Commission in May 1995, as amended or
published from time to time;
"breathing zone" means a hemisphere of 300
mm radius extending in front of a person's
face measured from the midpoint of an
imaginary line joining the ears;
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"purging" means the method by which any
contaminant is displaced from a confined
space.
19. Employer's duty to undertake specific measures to
control risk in relation to fire, explosion and
flammable gases or vapours
(1) If there is a likelihood of fire or explosion in a
confined space an employer must ensure that no
source of ignition is introduced to the space,
whether introduced from within or outside the
space.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(2) An employer must ensure during work in a
confined space that—
(a) the concentration of any flammable gas or
vapour in the atmosphere of the space is
below 5 per cent of its LEL; or
(b) if it is not practicable to comply with
paragraph (a) and the concentration of any
flammable gas or vapour in the atmosphere
of the space—
(i) is equal to or greater than 5 per cent but
less than 10 per cent of its LEL, any
employee is removed immediately from
the space unless a suitably calibrated
continuous monitoring flammable gas
detector is used in the space while the
employee is in the space; or
(ii) is equal to or greater than 10 per cent of
its LEL, any employee is removed
immediately from the space.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
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(3) In this regulation "LEL or lower explosive
limit" of a flammable gas or vapour means the
concentration of that gas or vapour in air below
which the propagation of a flame does not occur
on contact with an ignition source.
20. Employer's duty to undertake specific measures to
control risk in relation to signs
During work in a confined space and work in
relation to the preparation for or completion of
that work, an employer must ensure, so far as is
practicable, that signs are erected in the immediate
vicinity of the space which—
(a) identify the space; and
(b) notify employees that they must not enter the
space unless they have an entry permit; and
(c) are clear and prominently positioned.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
21. Employer's duty to undertake specific measures to
control risk in relation to maintenance of plant
An employer must ensure that any plant—
(a) used to control risk associated with work in a
confined space; or
(b) for use in the emergency procedures—
is maintained so that it is fit for the purpose.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
22. Employer's duties in relation to written approval for
entry to a confined space by an employee
(1) An employer must ensure that—
(a) any employee who enters a confined space
has an entry permit to enter the space; and
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(b) the permit complies with this regulation.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(2) An entry permit—
(a) must only apply to one confined space; and
(b) may approve one or more employees to enter
that space.
(3) An entry permit must list—
(a) the confined space that the permit applies to;
and
(b) the measures to control risk for the confined
space; and
(c) the name of any employee approved to enter
the confined space; and
(d) if an employer assigns any employee to carry
out any function in relation to regulation 23,
the name of the employee; and
(e) the period of time that the permit is in
operation.
(4) An employer must ensure that entry permits are
retained by the employer for one month from the
date on which the permit ceases to be in operation.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
23. Employer's duties in relation to communication and
initiation of emergency procedures by a stand-by
person or alternative
An employer must ensure, in relation to work in a
confined space, that from outside the space—
(a) there is continuous communication between
the employer or a person authorised by the
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employer and any employee in the space;
and
(b) the emergency procedures can be initiated.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
24. Employer's duty to ensure procedure to know when
employees are in a confined space and record exit of
employees on completion of work
(1) During the time that an entry permit is in
operation, an employer must ensure that a
procedure is in place so that the employer or a
person authorised by the employer knows when
any employee is in a confined space.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(2) An employer must ensure that—
(a) all employees have exited a confined space
on completion of work for which an entry
permit is in operation; and
(b) for the purpose of paragraph (a), there is a
record in writing that all employees have
exited the confined space.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
25. Employer's duties in relation to emergency
procedures and other matters in an emergency
situation
(1) An employer must ensure, in relation to work in a
confined space, that emergency procedures are
established for the control and management of an
emergency situation in the space, including
procedures for—
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(a) the rescue of any employee from the space;
and
(b) first aid to be provided to any employee in
the space and after rescue from the space.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(2) An employer must ensure that the emergency
procedures take into account—
(a) the functions carried out in relation to
regulation 23; and
(b) the results of any risk assessment relevant to
the confined space.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(3) An employer must ensure that the emergency
procedures are—
(a) rehearsed by the relevant employees; and
(b) carried out as soon as possible after an
emergency situation arises in a confined
space.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(4) An employer must ensure that any risk associated
with the carrying out of the emergency procedures
is—
(a) eliminated; or
(b) if it is not practicable to eliminate the risk,
reduced so far as is practicable.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
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(5) An employer must ensure that any employee who
enters or carries out emergency procedures in a
confined space in an emergency situation—
(a) arising from an atmosphere that does not
have a safe oxygen level; or
(b) where there is a likelihood of the condition
under paragraph (a) arising while the
employee is in the space—
uses air supplied respiratory protective equipment.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(6) An employer must ensure that any employee who
enters or carries out emergency procedures in a
confined space in an emergency situation—
(a) arising from an atmosphere that has a
harmful level of any contaminant or from
engulfment; or
(b) where there is a likelihood of a condition
under paragraph (a) arising while the
employee is in the space—
uses air supplied respiratory protective equipment
or other appropriate personal protective
equipment.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(7) An employer must ensure that—
(a) openings for the entry to and exit from a
confined space are of adequate size to permit
the rescue of any employee in the space and
are not obstructed by fittings or plant that
could impede rescue; or
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(b) if it is not practicable to comply with
paragraph (a), an alternative means of entry
to and exit from the space for rescue
purposes is provided.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(8) If an alternative means of entry to and exit from a
confined space for rescue purposes is provided
under sub-regulation (7)(b), the employer must
ensure that any risk associated with the alternative
is—
(a) eliminated; or
(b) if it is not practicable to eliminate the risk,
reduced so far as is practicable.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
26. Employer's duties in relation to information,
instruction and training
An employer must ensure, in relation to work in a
confined space, that the relevant employees are
provided with information, instruction and
training in—
(a) the nature of any hazard and risk associated
with the space; and
(b) the need for, and proper use of, measures to
control risk; and
(c) the selection, use, fit, testing and storage of
any personal protective equipment; and
(d) the contents of any entry permit relevant to
the employees; and
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1996
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(e) the emergency procedures.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
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Occupational Health and Safety (Confined Spaces) Regulations
1996
23
PART 4—DUTIES WHICH APPLY TO SELF-EMPLOYED
PERSONS
27. Self-employed person to generally have the same
duties of an employer
(1) A self-employed person must comply with the
requirements of Part 3 of these Regulations as if
that person were an employer.
Penalty: Body corporate—400 penalty units, or
in any other case—100 penalty units.
(2) A self-employed person's duties under this
regulation only apply to people who may be
exposed to a risk arising from the conduct of the
undertaking of the self-employed person.
(3) In this regulation "self-employed person" does
not include a person who employs one or more
other persons.
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24
NOTES
1 S.R. No. 81/1995.
2 Note that the application of Statutory Rule No. 81/1995 is limited to certain
types of plant.
3 At the time of making these Regulations there are 4 regulations which
specifically come within the category of a regulation "which deals with a
specific hazard". They are: the Occupational Health and Safety
(Asbestos) Regulations 1992; the Occupational Health and Safety (Lead
Control) Regulations 1988; the Occupational Health and Safety (Manual
Handling) Regulations 1988; and the Occupational Health and Safety
(Noise) Regulations 1992.
Table of Applied, Adopted or Incorporated Matter Required by
Subordinate Legislation Regulations 1994
Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 6 of the Subordinate
Legislation Regulations 1994.
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 18(3) and
(4).
Adopted National Exposure
Standards for Atmospheric
Contaminants in the
Occupational Environment,
published by the National
Occupational Health and
Safety Commission in May
1995.
The whole
document.
Notes
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