(1) A person in control of a workplace must ensure that no-one enters a confined space at the workplace, and that work is not performed in a confined space, if there is an uncontrolled risk—
(a) to the health or safety of someone entering, occupying or working in the confined space; or
(b) of fire or explosion.
(2) Without limiting subsection (1), a person in control of the workplace must ensure that, before anyone enters a confined space—
(a) the space contains a safe oxygen level; and
(b) any atmospheric contaminant in the space is reduced to below the exposure standard under the national exposure standards for the contaminant; and
Note National exposure standards —see the dictionary.
(c) the concentration of any flammable contaminant in the atmosphere of the space is below 5% of its LEL; and
(d) the space is not extremely hot or extremely cold; and
(e) steps are taken to minimise any risk associated with the presence of vermin in the space.
(3) If the concentration of any flammable contaminant in the atmosphere of the confined space is 10% or more of its LEL, the person in control of the workplace must ensure that no-one enters or stays in the space.
(4) In this section:
"LEL", or lower explosive limit , of a flammable contaminant means the concentration of the contaminant in air below which the propagation of a flame does not occur on contact with an ignition source.