(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.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $6 000; or

(b) a body corporate, a fine not exceeding $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.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $6 000; or

(b) a body corporate, a fine not exceeding $30 000.

(3)  In this regulation, purging means the method used to displace any contaminant from a confined space.

Notes
1.	Regulation 44 applies to the use of personal protective equipment, including the equipment provided under subregulation (2) .
2.	Regulation 50 also applies to airborne contaminants.