(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.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(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.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.