(1)
A PCBU must ensure, so far as is reasonably practicable, where any container that contains liquids at the workplace presents a risk of drowning,—
the container is securely covered; or
the container is enclosed by a secure fence that—
extends at least 1 metre above the adjoining floor, ground, or platform; and
is in a position that will provide adequate protection for any person who is near the container.
(2)
In subclause (1), container—
means any enclosure, fixed vessel, pit, structure, sump, vat, or other container of a similar kind—
that contains any liquid; and
the edge of which is less than 1 metre above the adjoining floor, ground, or platform; but
does not include any drinking trough for animals or any system of water collection, disposal, distribution, or storage.
(3)
A PCBU who contravenes subclause (1) commits an offence and is liable on conviction,—
for an individual, to a fine not exceeding $10,000:
for any other person, to a fine not exceeding $50,000.
Compare: SR 1995/167 r 14