16. Periodic testing of atmosphere

(1)

It shall be the duty of the responsible person of a person entering or working in a confined space to ensure that —

(a)

the atmosphere in the confined space is tested by a confined space safety assessor at such intervals as is necessary to evaluate the safety and health of the person entering or working in the confined space;

(b)

if there are 2 or more persons present in the confined space, at least one of them continuously monitors the atmosphere in the confined space with a suitable gas detector; and

(c)

if a hazardous atmosphere in a confined space is detected by the tests or continuous monitoring referred to in sub-paragraphs (a) and (b) —

(i)

all persons in the confined space shall vacate the confined space immediately;

(ii)

an evaluation is made to determine how the hazardous atmosphere developed; and

(iii)

no person re-enters the confined space until a new confined space entry permit is issued by the authorised manager for the confined space.

(2)

It shall be the duty of the confined space safety assessor referred to in paragraph (1)(a) to record the results of the tests referred to in that paragraph.

(3)

It shall be the duty of the responsible person to ensure that each of the records referred to in paragraph (2) are kept for not less than 2 years from the date it is made.

Subregulation 1