Duty to eliminate or minimise risk
64 Duty to eliminate or minimise risk
This section applies in relation to plant or a structure that includes a space that is, or is intended to be, a confined space.
A designer, manufacturer, importer or supplier of the plant or structure, and a person who installs or constructs the plant or structure, must ensure that—
the need for any person to enter the space and the risk of a person inadvertently entering the space are eliminated, so far as is reasonably practicable; or
if it is not reasonably practicable to eliminate the need to enter the space or the risk of a person inadvertently entering the space—
the need or risk is minimised so far as is reasonably practicable; and
the space is designed with a safe means of entry and exit; and
the risk to the health and safety of any person who enters the space is eliminated so far as is reasonably practicable or, if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.
Maximum penalty: tier E monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.