1. (a)

   1. (1) In this section the following words have the meanings indicated.

   2. (2) “Confined space” means a space that, by design:

      1. (i) has limited openings for entry and exit; and

      2. (ii) is subject to:

         1. 1. the accumulation of a combustible agent;
         2. 2. an accumulation of a toxic agent; or
         3. 3. a deficiency of oxygen.

   3. (3) “Confined space” includes:

      1. (i) a basin;
      2. (ii) a bin;
      3. (iii) a degreaser;
      4. (iv) a duct;
      5. (v) a pipeline;
      6. (vi) a pit;
      7. (vii) a sewer;
      8. (viii) a silo;
      9. (ix) a tank that is enclosed or has an open top;
      10. (x) a tub;
      11. (xi) a tunnel;
      12. (xii) a vat;
      13. (xiii) a process vessel; or
      14. (xiv) a reaction vessel.
   4. (4) “Maintenance work” means cleaning, inspection, maintenance, painting, repair, servicing, or other similar work.

2. (b) A person described in § 5-101(d)(2)(ii) or (iii) of this title may not allow or cause an individual described in § 5-101(c)(2)(iii) or (iv) of this title to do maintenance work in a confined space, unless the Commissioner:

   1. (1) grants written authorization based on a satisfactory showing that work practices in effect will protect the health and safety of the individual; or
   2. (2) in accordance with Subtitle 3 of this title, passes an order for a variance.

3. (c)

   1. (1) This subsection applies only to an employer who is a subcontractor.

   2. (2) Each subcontractor who, under an original contract or subcontract, is to do maintenance work in a confined space shall give the Commissioner:

      1. (i) at the commencement of the maintenance work, oral notice of the maintenance work to be performed; and
      2. (ii) within 24 hours after the oral notice, written notice of the maintenance work.

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 2008, c. 36, § 6, eff. April 8, 2008.

Formerly Art. 89, §§ 29, 32, 33.