This Division does not apply to the underground parts of a mining workplace or coal workplace.

In this Division:

confined space, in relation to a place of work, means an enclosed or partially enclosed space that:

(a)  is not intended or designed primarily as a place of work, and

(b)  is at atmospheric pressure while persons are in it, and

(c)  may have an atmosphere with potentially harmful contaminants, an unsafe level of oxygen or stored substances that may cause engulfment, and

(d)  may (but need not) have restricted means of entry and exit.

Examples of confined spaces are as follows:

(a)  storage tanks, tank cars, process vessels, boilers, pressure vessels, silos and other tank-like compartments,

(b)  open-topped spaces such as pits or degreasers,

(c)  pipes, sewers, shafts, ducts and similar structures,

(d)  shipboard spaces entered through a small hatchway or access point, cargo tanks, cellular double bottom tanks, duct keels, ballast and oil tanks and void spaces (but not including dry cargo holds).

safe oxygen level means a minimum oxygen content in air of 19.5% by volume under normal atmospheric pressure and a maximum oxygen content in air of 23.5% by volume under normal atmospheric pressure.

This Division applies to work in a confined space at any place of work.

An employer must ensure that no person enters a confined space or that work is not carried out inside or on the outside of a confined space if:

(a)  there is a risk to the health and safety of a person entering, occupying or working on the surface of the confined space, or

(b)  there is a risk of fire or explosion,

and the risk has not been controlled as required by this Regulation.

Maximum penalty: Level 4.

An employer must ensure that no person enters a confined space unless all potentially hazardous services that are normally connected to the confined space are isolated or otherwise controlled so as to prevent:

(a)  the introduction of any materials, contaminants, agents or conditions that may be harmful to a person occupying the confined space, or

(b)  the activation or energising in any way of equipment or services that may pose a risk to the health or safety of a person inside the confined space.

Maximum penalty: Level 4.

(1)  An employer must ensure that, if appropriate, a confined space is cleared of all contaminants by use of a suitable purging agent by which contaminants are displaced from the confined space before a person enters the confined space.

(2)  An employer must ensure that pure oxygen or a gas mixture in a concentration of more than 21% of oxygen by volume is not used for the purging or ventilation of a confined space.

Maximum penalty: Level 4.

(1)  Subject to subclause (4), an employer must ensure that no person enters a confined space unless:

(a)  the confined space contains a safe oxygen level, and

(b)  any atmospheric contaminants in the confined space are reduced below the appropriate exposure standards referred to in clause 51 (Atmospheric contaminants—particular risk control measures), and

(c)  the confined space is free from extremes of temperature, and

(d)  the concentration of any flammable contaminant in the atmosphere of the confined space is below 5% of its LEL.

(2)  An employer must ensure that, if a concentration of flammable contaminant in the atmosphere of a confined space is found to be more than 5% of its LEL and less than 10% of its LEL, all persons leave the confined space unless a continuous monitoring, suitably calibrated flammable contaminant detector is used in the confined space at all times while persons are present in it.

(3)  An employer must ensure that, if a concentration of flammable contaminant in the atmosphere of a confined space is found to be 10% of its LEL or more, all persons leave the confined space.

(4)  If a safe oxygen level cannot be provided or atmospheric contaminants cannot be reduced to safe levels in a confined space, persons may enter the space if equipped with suitable personal protective equipment including air supplied respiratory protective equipment.

(5)  If an atmospheric contaminant is present in a confined space, or a confined space contains less than 19.5% oxygen, an employer must provide warning signs.

Maximum penalty: Level 4.

(1)  An employer must ensure that no person enters or works in or on a confined space unless authorised by an entry permit given by the employer.

(2)  An entry permit must:

(a)  be in writing, and

(b)  identify the confined space, and

(c)  clearly describe the work to be carried out in or on the confined space, and

(d)  set out risk control measures to be taken, and

(e)  record the names of all persons who may enter or work in or on the confined space, and

(f)  record the dates and times when the persons may enter or be in or on the confined space to carry out the work.

(3)  The entry permit must be provided to the person responsible for direct control of the work to be carried out in or on the confined space.

(4)  The employer must ensure that the persons who are to carry out the work are informed of and comply with the requirements of the entry permit.

(5)  The employer must ensure that, before authorisation is given for the confined space to be returned to service, the person in direct control of the work in the confined space acknowledges, in writing, that:

(a)  the work in or on the confined space has been completed, and

(b)  all persons involved in the carrying out of the work have left the confined space.

Maximum penalty: Level 4.

(1)  An employer must ensure that one or more stand-by persons are present outside a confined space when any person is inside the confined space.

Maximum penalty: Level 4.

(2)  In this clause, stand-by person means a competent person who:

(a)  is assigned to remain on the outside of, and in close proximity to, the confined space, and

(b)  is capable of being in continuous communication with and, if practicable, able to observe persons inside the confined space, and

(c)  is capable of operating monitoring equipment used to ensure safety during entry to and work in the confined space, and

(d)  is capable of initiating emergency procedures (including rescue procedures), if necessary.

(1)  An employer must, when persons are inside a confined space, ensure that emergency equipment (including rescue and first aid equipment) appropriate for the particular circumstances in which the persons are inside the space is provided.

(2)  An employer must ensure that emergency procedures are planned, established and rehearsed in relation to the presence of persons in a confined space.

(3)  An employer must ensure that:

(a)  openings for entry to and egress from a confined space are of adequate size to permit the rescue of all persons who may be in the space, and

(b)  openings are not obstructed by fittings or equipment that could impede the rescue of persons or, alternatively, if this cannot be done, that another suitable means of rescue is provided.

Maximum penalty: Level 4.

An employer must ensure that appropriate signs are displayed and protective barriers are erected to prevent the entry into a confined space of persons who are not authorised by an entry permit referred to in clause 72.

Maximum penalty: Level 4.

An employer must ensure that appropriate atmospheric testing and monitoring is carried out if a confined space has or may:

(a)  become contaminated with an atmospheric contaminant, or

(b)  become contaminated with a flammable contaminant, or

(c)  have an oxygen level that is not a safe oxygen level.

Maximum penalty: Level 4.

(1)  An employer must provide training for all persons who are required to work in or on a confined space in all relevant activities relating to entering and working in or on the confined space.

Maximum penalty: Level 4.

(2)  The training program must include instruction in the following:

(a)  the hazards of confined spaces,

(b)  risk assessment procedures,

(c)  risk control measures,

(d)  emergency procedures,

(e)  selection, use, fitting and maintenance of safety equipment.

Maximum penalty: Level 4.

(3)  Training must also be provided for persons who:

(a)  perform assessments in relation to the safety of confined spaces, and

(b)  issue entry permits for work in confined spaces, and

(c)  design and fix the layout of work places, and

(d)  manage or supervise (or both) persons working in or near confined spaces, including any contractor, and

(e)  maintain equipment used for and during entry to confined spaces, and

(f)  purchase, distribute, fit, wear or maintain personal protective equipment used in relation to the carrying out of work in confined spaces, and

(g)  are on stand-by in relation to work in confined spaces, and

(h)  are involved in rescue and first aid procedures in relation to work in confined spaces.

Maximum penalty: Level 4.

(4)  An employer must make a written record of:

(a)  the training provided, and

(b)  the persons to whom the training is provided.

Maximum penalty (subclause (4)): Level 3.

(1)  An employer must keep and maintain:

(a)  entry permits in relation to work in confined spaces for a period of one month after return of the confined spaces to service, and

(b)  risk assessment reports in relation to work in confined spaces for 5 years after the date of preparation, and

(c)  records of training in relation to work in confined spaces for the terms of employment of persons to whom the training has been provided.

(2)  Despite subclause (1), the documents referred to in that subclause are to be kept for such period as is appropriate in cases where continued surveillance of the health of employees or other continued monitoring is required.

Note.

 See also clause 171 (Employer to retain certain material as record) as to the responsibilities of employers as to record keeping.

(3)  All records kept in accordance with this clause are to be made available to regulatory authority inspectors and employees (in relation to their own personal circumstances) on request.

Maximum penalty: Level 1.