Victorian Repealed Regulations

This legislation has been repealed.

Occupational Health and Safety (Confined Spaces) Regulations 1996 - SECT 18

Employer's duty to undertake specific measures to control risk in relation to the atmosphere of a confined space

18. Employer's duty to undertake specific measures to control risk in relation
to the atmosphere of a confined space



(1) An employer must ensure, in relation to work in a confined space, that-

   (a)  so far as is practicable, purging or ventilation of any contaminant in
        the atmosphere of the space is carried out; and

   (b)  pure oxygen or gas mixtures with oxygen in a concentration greater
        than 21 per cent by volume are not used for purging or ventilation of
        any contaminant in the atmosphere of the space.

Penalty: Body corporate-400 penalty units, or in any other case-100 penalty
units.

(2) An employer must ensure during work in a confined space that-

   (a)  the atmosphere of the space has a safe oxygen level; or

   (b)  if it is not practicable to comply with paragraph (a), the employee
        uses air supplied respiratory protective equipment.

Penalty: Body corporate-400 penalty units, or in any other case-100 penalty
units.

(3) An employer must ensure during work in a confined space that if there is
any contaminant in the atmosphere of the space and the exposure standard (if
any) of the contaminant is exceeded in respect of the circumstances of that
work -

   (a)  the concentration of the contaminant is reduced to or below the
        exposure standard for that contaminant; or

   (b)  if it is not practicable to comply with paragraph (a), the employee
        uses air supplied respiratory protective equipment or other
        appropriate personal protective equipment.

Penalty: Body corporate-400 penalty units, or in any other case-100 penalty
units.

(4) In this regulation-



"exposure standard" of a contaminant means an airborne concentration of that
contaminant in a person's breathing zone as set out in the "Adopted National
Exposure Standards for Atmospheric Contaminants in the Occupational
Environment", published by the National Occupational Health and Safety
Commission in May 1995, as amended or published from time to time;



"breathing zone" means a hemisphere of 300 mm radius extending in front of a
person's face measured from the midpoint of an imaginary line joining the
ears;



"purging" means the method by which any contaminant is displaced from a
confined space.