New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 71

71 Safety of atmosphere-particular risk control measures

(1) Subject to subclause (4), an employer must ensure that no person enters a confined space unless:

(a) the confined space contains a safe oxygen level, and

(b) any atmospheric contaminants in the confined space are reduced below the appropriate exposure standards referred to in clause 51 (Atmospheric contaminants-particular risk control measures), and

(c) the confined space is free from extremes of temperature, and

(d) the concentration of any flammable contaminant in the atmosphere of the confined space is below 5% of its LEL.

(2) An employer must ensure that, if a concentration of flammable contaminant in the atmosphere of a confined space is found to be more than 5% of its LEL and less than 10% of its LEL, all persons leave the confined space unless a continuous monitoring, suitably calibrated flammable contaminant detector is used in the confined space at all times while persons are present in it.

(3) An employer must ensure that, if a concentration of flammable contaminant in the atmosphere of a confined space is found to be 10% of its LEL or more, all persons leave the confined space.

(4) If a safe oxygen level cannot be provided or atmospheric contaminants cannot be reduced to safe levels in a confined space, persons may enter the space if equipped with suitable personal protective equipment including air supplied respiratory protective equipment.

(5) If an atmospheric contaminant is present in a confined space, or a confined space contains less than 19.5% oxygen, an employer must provide warning signs.

Maximum penalty: Level 4.