(a) (1) In this section the following words have the meanings indicated. (2) "Confined space" means a space that, by design: (i) has limited openings for entry and exit; and (ii) is subject to: 1. the accumulation of a combustible agent; 2. an accumulation of a toxic agent; or 3. a deficiency of oxygen. (3) "Confined space" includes: (i) a basin; (ii) a bin; (iii) a degreaser; (iv) a duct; (v) a pipeline; (vi) a pit; (vii) a sewer; (viii) a silo; (ix) a tank that is enclosed or has an open top; (x) a tub; (xi) a tunnel; (xii) a vat; (xiii) a process vessel; or (xiv) a reaction vessel. (4) "Maintenance work" means cleaning, inspection, maintenance, painting, repair, servicing, or other similar work. (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) grants written authorization based on a satisfactory showing that work practices in effect will protect the health and safety of the individual; or (2) in accordance with Subtitle 3 of this title, passes an order for a variance. (c) (1) This subsection applies only to an employer who is a subcontractor. (2) Each subcontractor who, under an original contract or subcontract, is to do maintenance work in a confined space shall give the Commissioner: (i) at the commencement of the maintenance work, oral notice of the maintenance work to be performed; and (ii) within 24 hours after the oral notice, written notice of the maintenance work.
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