New South Wales Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATION 2017 - REG 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 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--70 penalty units, or
(b) in the case of a body corporate--345 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--any worker carrying out work in the space is provided with air supplied respiratory equipment.
: Maximum penalty--
(a) in the case of an individual--70 penalty units, or
(b) in the case of a body corporate--345 penalty units.
(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.



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