Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:71
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 71
Character Range: 177714–179359

71  Specific control—atmosphere
 (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.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (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.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (3) In this regulation, purging means the method used to displace any contaminant from a confined space.
Note 1: Regulation 44 applies to the use of personal protective equipment, including the equipment provided under subregulation (2).
Note 2: Regulation 50 applies to airborne contaminants.