HARRY HUGHES, Governor                               1695

COMBUSTIBLE AGENTS OR TO A DEFICIENCY OF OXYGEN, INCLUDING
BUT NOT LIMITED TO, ENCLOSED OR OPEN-TOPPED TANKS, PROCESS
OR REACTION VESSELS, BASINS, BINS, PITS, TUBS, SILOS, VATS,
DEGREASERS, DUCTS, SEWERS, TUNNELS, AND PIPELINES, AND IN
WHICH THE WORK TO BE PERFORMED OR SERVICES PROVIDED CONSISTS
OF CLEANING, PAINTING, REPAIRING, MAINTENANCE, SERVICE,
INSPECTION, OR OTHER SIMILAR WORK.

32.

(D) A PERSON AS DEFINED IN SECTION 29(B)(3) AND (4) OF
THIS SUBTITLE MAY NOT CAUSE OR PERMIT ANY INDIVIDUAL AS
DEFINED IN SECTION 29(C)(3) AND (4) OF THIS SUBTITLE TO
PERFORM WORK OR PROVIDE SERVICES IN A "CONFINED SPACE" AS

DEFINED IN THIS SUBSECTION. FOR THE PURPOSES OF THIS

SUBSECTION A "CONFINED SPACE" MEANS A SPACE WHICH BY DESIGN
HAS LIMITED OPENINGS FOR ENTRY AND EXIT AND IS NOT INTENDED
FOR CONTINUOUS EMPLOYEE OCCUPANCY BUT NOT LIMITED
TO, ENCLOSED OR OPEN TOPPED TANKS, PROCESS OR REACTION
VESSELS, BASINS, BINS, PITS, TUBS SILOS, VATS, DECREASERS,
DUCTS, SEWERS, TUNNELS, AND PIPELINES, AND IN WHICH THE WORK
TO BE PERFORMED OR SERVICES PROVIDED CONSIST OF CLEANING,
PAINTING, REPAIRING, MAINTENANCE, SERVICE, INSPECTION, OR
OTHER SIMILAR WORK SECTION 29(J) OF THIS SUBTITLE, UNLESS
WRITTEN AUTHORIZATION HAS BEEN GRANTED BY THE COMMISSIONER
BASED ON A SATISFACTORY SHOWING THAT WORK PRACTICES IN
EFFECT WILL PROVIDE PROTECTION FOR THE SAFETY AND HEALTH OF
THE WORKER. THE EMPLOYER MAY, IN THE ALTERNATIVE, APPLY FOR
AN ORDER FOR A VARIANCE AS PROVIDED IN THIS SUBTITLE. THIS
SUBSECTION DOES NOT ALTER CONTRACTUAL RELATIONSHIPS BETWEEN
A CONTRACTOR AND A SUBCONTRACTOR IN EXISTENCE ON JUNE 30,
1981.

(E) THIS SUBTITLE DOES NOT ALTER CONTRACTUAL

RELATIONSHIPS THAT EXIST BETWEEN A CONTRACTOR AND A

SUBCONTRACTOR.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.

Approved May 12, 1981.

CHAPTER 339

(Senate Bill 1118)

AN ACT concerning

Occupational Safety and Health

FOR the purpose of providing for notice to the Commissioner
of Labor and Industry within a certain time before the
start of certain work by a subcontractor; and defining
the term terms "subcontractor" and "confined space".