Victorian Repealed Regulations

This legislation has been repealed.

Occupational Health and Safety (Confined Spaces) Regulations 1996 - SECT 4

Definitions

4. Definitions



(1) In these Regulations-



"Act" means the Occupational Health and Safety Act 1985;



"confined space" means a space in any vat, tank, pit, pipe, duct, flue, oven,
chimney, silo, reaction vessel, container, receptacle, underground sewer,
well, or any shaft, trench or tunnel (except where the shaft, trench or tunnel
is a mine or is part of the workings of a mine) or other similar enclosed or
partially enclosed structure, if the space-

   (a)  is, or is intended to be, or is likely to be, entered by any person;
        and

   (b)  has a limited or restricted means for entry or exit that makes it
        physically difficult for a person to enter or exit the space; and

   (c)  is, or is intended to be, at normal atmospheric pressure while any
        person is in the space; and

   (d)  contains, or is intended to contain, or is likely to contain-

   (i)  an atmosphere that has a harmful level of any contaminant; or

   (ii) an atmosphere that does not have a safe oxygen level; or

   (iii) any stored substance, except liquids, that could cause engulfment;



"contaminant" means any substance which may be harmful to health or safety;



"emergency procedures" means the procedures established by an employer under
regulation 25(1);



"entry permit" means the written approval of an employer to enter a
confined space;



"hazard" means the potential to cause injury or illness;

"mine" means-

   (a)  a workplace at which work is being done under a mining licence granted
        under the Mineral Resources Development Act 1990; or

   (b)  a workplace at which exploration, within the meaning of the Mineral
        Resources Development Act 1990, in the form of-

   (i)  underground work of any kind; or

   (ii) drilling from the surface for coal-bed methane- is being done under an
        exploration licence granted under the Mineral Resources Development
        Act 1990; or

   (c)  in relation to a tourist mine within the meaning of the Mineral
        Resources Development Act 1990, those parts of the mine that are
        underground and all infrastructure and plant associated with the
        underground workings;



"relevant employee" means-

   (a)  any employee required to enter a confined space; or

   (b)  any employee who has any function in relation to
        work in a confined space or the emergency procedures, but who is not
        required to enter the space; or

   (c)  any person supervising any employee referred to in paragraph (a) or
        (b);



"risk" means the likelihood of injury or illness arising from exposure to any
hazard;



"safe oxygen level" means an oxygen content in air under normal atmospheric
pressure that-

   (a)  is equal to or greater than 19.5 per cent by volume (equivalent to a
        partial pressure of oxygen of 19.8 kPa); but

   (b)  is equal to or less than 23.5 per cent by volume (equivalent to a
        partial pressure of oxygen of 23.9 kPa).

(2) Any reference in these Regulations to-

(a) "work in a confined space" means work in the space by an employee and
includes the entry to and exit from the space by the employee; and

(b) "designer", "manufacturer", "importer" or "supplier" in relation to plant
is a reference to a person who designs, manufactures, imports or supplies (as
the case may be) that plant for use in a workplace.