71Specific control—atmosphere

71 Specific control—atmosphere

71 Specific control—atmosphere

(1) A person conducting a business or undertaking must ensure, in relation to work in a confined space, that—

(a) purging or ventilation of a contaminant in the atmosphere of the space is carried out, so far as is reasonably practicable, and

(b) pure oxygen or gas mixtures with oxygen in a concentration exceeding 21% by volume are not used for purging or ventilation of an airborne contaminant in the space.

Maximum penalty—

(a) for an individual—73 penalty units, or

(b) for a body corporate—364 penalty units.

(2) The person must ensure that, while work is being carried out in a confined space—

(a) the atmosphere of the space has a safe oxygen level, or

(b) if it is not reasonably practicable to comply with paragraph (a) and the atmosphere in the space has an oxygen level less than 19.5% by volume—a worker carrying out work in the space is provided with air supplied respiratory equipment.

Maximum penalty—

(a) for an individual—73 penalty units, or

(b) for a body corporate—364 penalty units.

(3) In this section—

purging means the method used to displace a contaminant from a confined space.

Note 1—

Section 44 applies to the use of personal protective equipment, including the equipment provided under subsection (2).

Note 2—

Section 50 applies to airborne contaminants.