Document ID: chunk:federal_register_of_legislation:F2016L00405:body:0:p4
Version: federal_register_of_legislation:F2016L00405
Segment Type: other
Provision Reference: 
Character Range: 7661–10432

designed for a person to occupy, for example abrasive blasting or spray painting booths
    * enclosed or partially enclosed spaces that are designed to be occasionally occupied by a person if the space has a readily and conveniently accessible means of entry and exit via a doorway at ground level, for example:
       * a cool store accessed by a LPG forklift to move stock – although the use of a LPG forklift in a cool store can be hazardous, the door at ground level means that once the alarm is raised, escape and rescue can happen quickly
       * a fumigated shipping container with a large ground level opening will facilitate easy escape and rescue.
Trenches are not considered confined spaces based on the risk of structural collapse alone, but will be confined spaces if they potentially contain concentrations of airborne contaminants that may cause impairment, loss of consciousness or asphyxiation.

1.2             Who has health and safety duties in relation to a confined space?
A person conducting a business or undertaking has the primary duty under the WHS Act to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to health and safety risks arising from the business or undertaking.
The WHS Regulations include specific obligations on a person conducting a business or undertaking who has management or control of a confined space.
Designers, manufacturers and suppliers of plant or structures that include a space that is intended, or is likely to become, a confined space must eliminate the need for any person to enter a confined space and eliminate the risk of inadvertent entry or, if this is not reasonably practicable, ensure safe means of entry and exit and minimise risks to the health and safety of any person who enters the confined space.
Officers, such as company directors, have a duty to exercise due diligence to ensure that the business or undertaking complies with the WHS Act and Regulations. This includes taking reasonable steps to ensure that the business or undertaking has and uses appropriate resources and processes to eliminate or minimise risks that arise from entry into confined spaces.
Workers must take reasonable care for their own health and safety and that their work does not adversely affect the health and safety of other persons. Workers must comply with any reasonable instructions given relating to confined space entry permits, risk control measures and emergency procedures, and should carry out work in a confined space in accordance with any relevant information and training provided to them.
Emergency service workers are not required to comply with some requirements for entering confined spaces when either rescuing a person or providing first aid to a person