(1) A person conducting a business or undertaking must ensure, in relation to work in a confined space, that:(a) purging or ventilation of any 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 any airborne contaminant in the space.Maximum penalty:(a) in the case of an individual--$6,000, or(b) in the case of a body corporate--$30,000.
(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--any worker carrying out work in the space is provided with air supplied respiratory equipment.Maximum penalty:(a) in the case of an individual--$6,000, or(b) in the case of a body corporate--$30,000.
(3) In this clause,
"purging" means the method used to displace any contaminant from a confined space.
Notes :1 Clause 44 applies to the use of personal protective equipment, including the equipment provided under subclause (2).2 Clause 50 applies to airborne contaminants.