Document ID: chunk:federal_register_of_legislation:F2024C01055:front:0:p27
Version: federal_register_of_legislation:F2024C01055
Segment Type: other
Provision Reference: 
Character Range: 66700–69456

must ensure that atmospheric monitoring in and near the confined space is conducted by a competent person in a manner consistent with the risk assessment.
Penalty: 10 penalty units.

4.12  Safe atmosphere
 (1) Subregulation (2) does not apply to an entry into a confined space for the purpose of responding to an emergency.
 (2) Before a person enters a confined space, the operator of a prescribed ship or prescribed unit must ensure that:
 (a) the space is at normal atmospheric pressure; and
 (b) the level of oxygen in the confined space is within the safe oxygen range; and
 (c) airborne contaminants in the confined space are at a level below the relevant exposure standards; and
 (d) the confined space is free from extremes of temperature; and
 (e) the concentration of any flammable airborne contaminant is below 5% of its LEL.
Penalty: 10 penalty units.

Subdivision 3—Risk control measures

4.13  Elimination or control of risk
 (1) If a risk assessment identifies a risk to health or safety arising from entry to or work in a confined space, the operator of a prescribed ship or prescribed unit must:
 (a) eliminate the risk; or
 (b) if it is not reasonably practicable to eliminate the risk—take measures, in accordance with this regulation, to control the risk.
Penalty: 10 penalty units.
 (2) Risk control measures should be undertaken in the following order of priority:
 (a) elimination;
 (b) substitution;
 (c) isolation;
 (d) engineering controls;
 (e) administrative controls;
 (f) use of personal protective equipment.
 (3) The operator of a prescribed ship or prescribed unit must document the measures in subregulation (2) that are taken to address a risk identified in a risk assessment.
Penalty: 10 penalty units.
 (4) Personal protective equipment should be used:
 (a) when all of the other risk control measures (individually or in combination) have failed to adequately control the risk; or
 (b) in an emergency response.
 (5) If personal protective equipment is needed for an individual, the operator of a prescribed ship or prescribed unit must ensure that it is fitted to suit the individual.
Penalty: 10 penalty units.

4.14  Using purging agent
  If a confined space must be cleared of an airborne contaminant, the operator of a prescribed ship or prescribed unit must ensure that:
 (a) the contaminant is removed by using a suitable purging agent; and
 (b) the purging agent is not pure oxygen or a gas mixture with an oxygen content greater than 21% by volume.
Penalty: 10 penalty units.

4.15  Gas used for ventilation purposes
  The operator of a prescribed ship or prescribed unit must ensure that gas used for ventilation purposes is not pure oxygen or a gas mixture with an oxygen content greater than 21% by volume.