Document ID: chunk:federal_register_of_legislation:F2024C01055:front:0:p26
Version: federal_register_of_legislation:F2024C01055
Segment Type: other
Provision Reference: 
Character Range: 64183–66948

out;
 (e) the estimated duration of the work;
 (f) hazards and associated risks of:
 (i) the method of work selected; and
 (ii) the equipment proposed to be used;
 (g) any potential hazard inside the confined space;
 (h) emergency response procedures;
 (i) the competency of persons needed to undertake the work.
 (4) An offence against subregulation (1) is an offence of strict liability.
Note: Regulation 4.29 sets out the period for which a risk assessment must be kept.

4.09  When risk assessment ceases to be valid
 (1) If evidence is available to the operator of a prescribed ship or prescribed unit that a risk assessment does not address, or no longer addresses, the risks posed by a confined space that is covered by the risk assessment, the risk assessment ceases to be valid.
Examples of evidence
         1 The installation or modification of plant.
         2 A change in equipment operating conditions.
         3 A change in the atmosphere or occupational environment.
         4 A change in working arrangements or procedures.
         5 An incident that affects, or could affect, the safety of persons.
 (2) If the risk assessment ceases to be valid, the operator of a prescribed ship or prescribed unit must arrange for a competent person to review the risk assessment.
Penalty: 10 penalty units.
 (3) After the risk assessment has been reviewed under subregulation (2), the operator of a prescribed ship or prescribed unit must make any necessary changes, in writing, to the risk assessment and the permit to work.
Penalty: 10 penalty units.
 (4) An offence against subregulation (2) or (3) is an offence of strict liability.
Note: Regulation 4.29 sets out the period for which a risk assessment must be kept.

4.10  Atmospheric testing
 (1) Before a person enters or works in a confined space, the operator of a prescribed ship or prescribed unit must ensure that the atmosphere in and near the confined space is tested by a competent person.
Penalty: 10 penalty units.
 (2) The operator of a prescribed ship or prescribed unit must keep a record of atmospheric testing that is carried out in relation to a confined space.
Note: Regulation 4.29 sets out the period for which a record of atmospheric testing must be kept.

4.11  Atmospheric monitoring
 (1) This regulation applies if a risk assessment for a confined space identifies risks requiring atmospheric monitoring in and near the confined space.
 (2) During work in the confined space the operator of a prescribed ship or prescribed unit must ensure that atmospheric monitoring in and near the confined space is conducted by a competent person in a manner consistent with the risk assessment.
Penalty: 10 penalty units.

4.12  Safe atmosphere
 (1) Subregulation (2) does not apply to an