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40. Dangerous and harmful environment.- An employer shall ensure at a construction site of a building or other construction work that,-

(a) when an internal combustion engine exhausts into a confined space or excavation or tunnel or any other workplace where neither natural ventilation nor artificial ventilation system is adequate to keep the carbon monoxide content of the atmosphere below fifty parts per million, adequate and suitable measures are taken at such workplace in order to avoid exposure of building workers to health hazards;

(b) no building worker is allowed to enter any confined space or tank or trench or excavation wherein there is given-off any dust, fumes or other impurities of such nature and to such extent as is likely to be injurious or offensive to the building worker or in which explosives, poisonous, noxious or gaseous material or other harmful articles have been carried or stored or in which dry ice has been used as a refrigerant, or which has been fumigated or in which there is a possibility of oxygen deficiency, unless all practical steps have been taken to remove such dust, fumes, or other impurities and dangers which may be present and to prevent any further ingress thereof, and such workplace or tank or trench or excavation is certified by the responsible person to be safe and fit for the entry of such building workers.





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