72Specific control—flammable gases and vapours

72 Specific control—flammable gases and vapours

72 Specific control—flammable gases and vapours

(1) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that while work is being carried out in a confined space, the concentration of a flammable gas, vapour or mist in the atmosphere of the space is less than 5% of its LEL.

Maximum penalty—

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

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

(2) If it is not reasonably practicable to limit the atmospheric concentration of a flammable gas, vapour or mist in a confined space to less than 5% of its LEL and the atmospheric concentration of the flammable gas, vapour or mist in the space is—

(a) equal to or greater than 5% but less than 10% of its LEL—the person must ensure that all workers are immediately removed from the space unless a suitably calibrated, continuous-monitoring flammable gas detector is used in the space, or

(b) equal to or greater than 10% of its LEL—the person must ensure that all workers are immediately removed from the space.

Maximum penalty—

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

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