(1) This section applies if a confined space must be cleared of contaminants to comply with section 95 (Entry to and work in confined spaces).
(2) A person conducting a business or undertaking at a workplace commits an offence if the person does not ensure that, if appropriate, the confined space at the workplace is cleared of all contaminants by using a suitable purging agent that displaces contaminants from the space.
Maximum penalty: 30 penalty units.
(3) A person conducting a business or undertaking at a workplace commits an offence if the person does not ensure that pure oxygen or a gas mixture in a concentration of more than 21% of oxygen by volume is not used to purge or ventilate the confined space at the workplace.
Maximum penalty: 30 penalty units.
(4) A person in control of premises commits an offence if the person does not ensure that, if appropriate, the confined space at the premises is cleared of all contaminants by using a suitable purging agent that displaces contaminants from the space.
Maximum penalty: 30 penalty units.
(5) A person in control of premises commits an offence if the person does not ensure that pure oxygen or a gas mixture in a concentration of more than 21% of oxygen by volume is not used to purge or ventilate the confined space at the premises.
Maximum penalty: 30 penalty units.
(6) An offence against this section is a strict liability offence.