Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:75
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 75
Character Range: 183084–184882

75  Personal protective equipment in emergencies
 (1) This regulation applies in relation to a worker who is to enter a confined space in order to carry out first aid or rescue procedures in an emergency.
 (2) The person conducting the business or undertaking for which the worker is carrying out work must ensure that air supplied respiratory equipment is available for use by, and is provided to, the worker in an emergency in which:
 (a) the atmosphere in the confined space does not have a safe oxygen level; or
 (b) the atmosphere in the space has a harmful concentration of an airborne contaminant; or
 (c) there is a serious risk of the atmosphere in the space becoming affected in the way referred to in paragraph (a) or (b) while the worker is in the space.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (3) The person conducting the business or undertaking for which the worker is carrying out work must ensure that suitable personal protective equipment is available for use by, and is provided to, the worker in an emergency in which:
 (a) an engulfment has occurred inside the confined space; or
 (b) there is a serious risk of an engulfment occurring while the worker is in the space.
Note 1: Regulation 44 applies to the use of personal protective equipment, including the equipment provided under this regulation.
Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.