Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:77
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 77
Character Range: 186649–188799

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 at least until the work to which it relates is completed.
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 I monetary penalty.
 (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.
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 I monetary penalty.
 (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.
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 I monetary penalty.
 (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.
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 G monetary penalty.

Part 4.4—Falls