1964_FACTORIES_AND_INDUSTRIAL_UNDERTAKINGS_(CONFINED_SPACES)_REGULATIONS — Page 4

B4

[Subsidiary]

Prohibition of entry into confined

spaces in which proportion of oxygen has been reduced.

Requirements

for entry into boiler-furnace and boiler-flue.

Offences and penalties.

L.N. 115.81.

CAP. 59] Factories and Industrial Undertakings

(Confined Spaces) Regulations

[1981 Ed.

12. No person shall enter or remain in any confined space in which the proportion of oxygen in the air is liable to have been substantially reduced below the normal proportion unless either-

(a) that person is wearing an approved breathing apparatus; or (b) the space is adequately ventilated and has been tested and certified by the proprietor as being safe for entry without breathing apparatus.

13. A proprietor shall not order, direct, authorize, permit or suffer any person to enter or remain in any boiler-furnace or boiler-flue unless it is sufficiently cooled, by ventilation or otherwise to render it safe for any person to enter and remain therein.

14. (1) Subject to regulation 11, the following shall be guilty of an offence-

(a) a proprietor who orders, directs, authorizes, permits or

suffers any person to contravene regulation 6 or 12;

(b) a proprietor who contravenes regulation 5, 7(2), 8(1), 9(1)

or 10;

(c) any person who contravenes regulation 6, 9(2) or 12. (2) A proprietor who-

(a) wrongfully certifies that a confined space is safe for entry without breathing apparatus in accordance with regulation 12(6); or

(b) contravenes regulation 13,

shall be guilty of an offence.

(3) (a) A person other than a proprietor, guilty of an offence under paragraph (1)(c), shall be liable on conviction to a fine of $10,000.

(b) A person who is a proprietor,--

(a)

(i) guilty of an offence under paragraph (1)(a), or of an offence under paragraph (1)(b) in respect of a contraven- tion of regulation 8(1)/or 9(1), or of an offence under paragraph (1)(c) in respect of a contravention of regulation 6 or 12, or of an offence under paragraph (2)(a) shall be liable to a fine of $50,000;

(ii) guilty of an offence under paragraph (1)(b) in respect of a contravention of regulation 5, 7(2) or 10, or of an offence under paragraph (1)(c) in respect of a contra- vention of regulation 9(2), or of an offence under para- graph (2)(b) shall be liable to a fine of $30,000.

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