(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 any flammable gas, vapour or mist in the atmosphere of the space is less than 5% of its LEL.: 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) 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 any worker is 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 any worker is immediately removed from 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.