Confined Spaces Regulations 1997 PDF

HSC
Health & Safety

Commission
Safe work in confined spaces
Confined Spaces Regulations 1997
APPROVED CODE OF
PRACTICE, REGULATIONS
AND GUIDANCE
S
HSE BOOKS
© Crown copyright 1997
Applications for reproduction should be made in writing to:
Copyright Unit, Her Majesty's Stationery Office,
St Clements House, 2-16 Colegate, Norwich NR3 JBQ
First published 1997
ISBN 0 7176 1405 0
All rights reserved. No part of this publication may

be reproduced, stored in a retrieval system or
transmitted in any form or by any means (electronic,
mechanical, photocopying, recording or otherwise)
without the prior written permission of the copyright
owner.
This Code has been approved by the Health and

Safety Commission, with the consent of the
Secretary of State. It gives practical advice on how to
comply with the law. If you follow the advice you
will be doing enough to comply with the law in
respect of those specific matters on which the Code
gives advice. You may use alternative methods to
those set out in the Code in order to comply with the
law. However, the Code has a special legal status. If
you are prosecuted for breach of health and safety
law, and it is proved that you did not follow the
relevant provisions of the Code, you will need to
show that you have complied with the law in some
other way or a court will find you at fault.
This Approved Code of Practice also contains

guidance. This guidance is issued by the Health and
Safety Commission. Following the guidance is not
compulsory and you are free to take other action.
But if you do follow the guidance you will normally
be doing enough to comply with the law. Health and
Safety inspectors seek to secure compliance with the
law and may refer to this guidance as illustrating
good practice.
11
Contents Notice of Approval (iv)
Introduction 1
MEANING OF 'CONFINED SPACE' 1

Regulation 1 Citation, commencement and interpretation 1
The hazards 2
APPLICATION OF THE REGULATIONS 5
Regulation 2 Disapplication of Regulations 5
Regulation 8 Extension outside Great Britain 5
DUTIES UNDER THE REGULATIONS 6
Regulation 3 Persons upon whom duties are imposed by these
Regulations 6
RISK ASSESSMENT 7
Factors to be assessed 8
PREVENTING THE NEED FOR ENTRY 10
Regulation 4 Work in confined spaces 10
Duties with regard to the design and construction of confined spaces 11
SAFE WORKING IN CONFINED SPACES 12
Regulation 4 Work in confined spaces 12
Precautions to be included in the safe system of work 12
Suitability for work in confined spaces 22
EMERGENCY PROCEDURES 22
Regulation 5 Emergency arrangements 22
Rescue and resuscitation equipment 23
Raising the alarm and rescue 24
Safeguarding the rescuers 24
Fire safety 24
Control of plant 24
First aid 24
Public emergency services 24
Training 25
PLANT AND EQUIPMENT 26
Size and openings to enable safe access to and egress from confined
spaces 26
Respiratory protective equipment 26
Other equipment 27
Maintenance of equipment 28
Examination of equipment 28
Test certificates and examination records 28
TRAINING 29
Regulation 6 Exemption certificates 30
Regulation 7 Defence in proceedings 30
Regulation 9 Repeal and revocations 31
Schedule Revocation 32
Appendix 1 Relevant general health and safety law 33
Appendix 2 Standards relevant to manholes and other access to confined
spaces 38
Appendix 3 References and further guidance 39
Notice of By virtue of section 16(1) of the Health and Safety at Work etc Act 1974, and
A royal with the consent of the Secretary of State for Environment, Transport and the
Regions, the Health and Safety Commission has on 31 July 1997 approved the
Code of Practice entitled Safe work in confined spaces.
The Code of Practice is approved for the purposes of providing practical

guidance with respect to the requirements of the Confined Spaces Regulations
1997 (SI 1997 No 1713) and with respect to sections 2-4, 6 and 7 of the
Health and Safety at Work etc Act 1974, the Management of Health and
Safety at Work Regulations 1992 (SI 1992 No 2051), the Control of
Substances Hazardous to Health Regulations 1994 (SI 1994 No 3246), the
Personal Protective Equipment at Work Regulations 1992 (SI 1992 No 2966),
and the Provision and Use of Work Equipment Regulations 1992 (SI 1992
No 2932). The Code of Practice comes into force on 28 January 1998.
Reference in this Code of Practice to another document does not imply

approval by the Health and Safety Commission of that document except to the
extent necessary to give effect to this Code of Practice.
Signed
ROSEMARY BANNER
Secretary to the Health and Safety Commission
31 July 1997
iv
Introduction 1 The Confined Spaces Regulations 1997 were made under the Health and
Safety at Work etc Act (HSW Act) 1974 and came into force on 28 January
1998. The Regulations apply in all premises and work situations in Great
Britain subject to the HSW Act, with the exception of diving operations and
below ground in a mine (there is specific legislation dealing with confined
spaces in these cases). The Regulations also extend outside Great Britain in a
very limited number of cases (see paragraph 16). The full text of the Confined
Spaces Regulations 1997 (SI 1997 No 1713) is available from HMSO.
2 This publication contains an Approved Code of Practice (ACOP) and

guidance on the duties in the Confined Spaces Regulations which are applicable
across all industry sectors and which apply to working in confined spaces but which
do not apply offshore. This publication also gives guidance on the duties in other
Regulations where they apply to work in confined spaces. These existing
Regulations are principally the Management of Health and Safety at Work
Regulations 1992 (Management Regulations), the Control of Substances
Hazardous to Health Regulations 1994 (COSHH), the Personal Protective
Equipment at Work Regulations 1992, the Provision and Use of Work Equipment
Regulations 1992, the Control of Lead at Work Regulations 1980, and the Control
of Asbestos at Work 1987. There are separate and specific HSE publications
providing guidance on each of these Regulations, as well as publications concerned
with specific hazards and equipment (see Appendix 3 for details).
3 In this publication, the Confined Spaces Regulations 1997 are shown in

italic type. The Approved Code of Practice, which has the status described on
page ii, is shown in bold type. The remaining text, in medium type, is
additional guidance on the subject.
4 This Approved Code of Practice and guidance have been prepared by the
Health and Safety Executive (HSE) for the Health and Safety Commission
(HSC) after widespread consultation with industry.
MEANING OF 'CONFINED SPACE'

Regulation 1 Citation, commencement and interpretation

Regulation (1) These regulations may be cited as the Gonfined Spaces Regulations 1997
and shall come into force on 28th January 1998.
(2) In these Regulations, unless the context otherwise requires —
"confined space" means any place, including any chamber, tank, vat, silo, pit,
trench, pipe, sewer, flue, well or other similar space in which, by virtue of its enclosed
nature, there arises a reasonably foreseeable specified risk;
"diving operation" has the meaning assigned thereto by regulation 2(1) of the Diving
Operations at Work Regulations 1981(a);
"free flowing solid" means any substance consisting of solid particles and which is of,
or is capable of being in, a flowing or running consistency, and includes flour, grain,
sugar, sand or other similar material;
________________________ (a) Si 1981/399; relevant amending instrument is SI 1990/996.
1
"mine" has the meaning assigned thereto by section 180 of the Mines and Quarries
Act 1954a');
"specified risk" means a risk of -
(a) serious injury to any person at work arising from afire or explosion;
(b) without prejudice to paragraph (a) -
(i) the loss of consciousness of any person at work arising from an

increase in body temperature;
(ii) the loss of consciousness or asphyxiation of any person at work

arising from gas, fume, vapour or the lack of oxygen;
(c) the drowning of any person at work arising from an increase in the level of
liquid; or
(d) the asphyxiation of any person at work arising from a free flowing solid or
the inability to reach a respirable environment due to entrapment by a free
flowing solid;
"system of work" includes the provision of suitable equipment which is in good

working order.
(b) 1954 c. 70; section 180 was modified by paragraph 3 of Part 1 of Schedule 2 to SI 1974/2013 and
by Schedule 3, Part II of S11993/1897.
5 Under these regulations a 'confined space' has two defining features.

Firstly, it is a place which is substantially (though not always entirely) enclosed
and, secondly, there will be a reasonably foreseeable risk of serious injury from
hazardous substances or conditions within the space or nearby.
6 Some confined spaces are fairly easy to identify, for example, closed
tanks, vessels and sewers. Others are less obvious but may be equally
dangerous, for example, open-topped tanks and vats, closed and unventilated
or inadequately ventilated rooms and silos, or constructions that become
confined spaces during their manufacture.
7 Some places which fall within the definition of a confined space may be so
only occasionally, perhaps due to the type of work to be undertaken, for example,
a room during spray painting. Also, a confined space may not necessarily be
enclosed on all sides. Some confined spaces, for example vats, silos and ships'
holds, may have open tops. Places not usually considered to be confined spaces
may become confined spaces because of a change in the condition inside or a
change in the degree of enclosure or confinement, which may occur intermittently.
8 In addition to the places referred to in regulation 1(2), the expression

'confined space' may also refer to the following examples and other similar
places: ducts, vessels, culverts, tunnels, boreholes, bored piles, manholes,
shafts, excavations, sumps, inspection pits, cofferdams, freight containers, ship
cargo holds/tanks, ballast tanks, double bottoms, ships' engine rooms,
buildings, building voids, some enclosed rooms (particularly plant rooms) and
compartments within them, including some cellars, enclosures for the purpose
of asbestos removal, and interiors of machines, plant or vehicles. However,
application of the Regulations in any of these places will depend on the
presence of a reasonably foreseeable risk of serious injury.
The hazards
9 The hazards that the Confined Spaces Regulations address arise through
the combination of the confined nature of the place of work and the possible
2
presence of substances or conditions which, taken together, could increase the
risk to the safety or health of people. Remember that a hazard can be
introduced to a substantially enclosed space that otherwise would be safe. The
most likely hazards are as follows:
• Flammable substances and oxygen enrichnent

A risk of fire or an explosion can arise from the presence of flammable
substances. There can also be a risk of fire and explosion from an excess
of oxygen in the atmosphere, for example, caused by a leak from an
oxygen cylinder forming part of welding equipment. There is also a risk of
explosion from the ignition of airborne flammable contaminants. A fire or
explosion can also be caused by leaks from adjoining plant or processes
that have not been effectively isolated.
• Toxic gas, fIme or vapour

Fume may remain from previous processing or as a result of previous
storage, or arise from sludge or other deposits disturbed, for example
during cleaning. Hydrocarbon vapour may also be present under scale
even after cleaning. Fume may also enter the space from adjoining plant
that has not been effectively isolated. Gas and fume can build up in
sewers, manholes, contaminated ground or leak from behind vessel
linings, rubber, lead, brick etc. Fume and vapour can also be produced by
work inside the confined space, for example, welding, flame cutting, lead
lining, brush and spray painting, or moulding using glass reinforced
plastics, use of adhesives or solvents, or from the products of combustion.
They can also occur inside a compartment or space by hot work taking
place on the exterior surfaces or enter the space from equipment in use
outside the space, such as exhaust fume from mobile plant, especially on
construction sites. Plant failure can also cause problems: for example, by
the build-up of ammonia if refrigeration plant fails or the potential for
accumulation of carbon dioxide in pub cellars following leaks from
compressed gas cylinders.
• Oxygen deficiency
Oxygen deficiency may result from, for example:
—
purging of the confined space with an inert gas to remove flammable
or toxic gas, fume, vapour or aerosols;
—
naturally occurring biological processes consuming oxygen, which
can occur in sewers, storage tanks, storm water drains, wells etc.
Similarly gases can be produced as a result of fermentation in sealed
silos where crops have been or are being stored; in fermentation
vessels in brewing; or in cargo holds caused by the carriage of timber
or timber products, steel turnings or swarf vegetable products,
grain, coal etc;
—
leaving a vessel completely closed for some time (particularly one
constructed of steel) since the process of rust formation on the
inside surface consumes oxygen. Newly fabricated or shot blasted
carbon steel vessels are especially vulnerable to rusting, particularly
those with a large surface area, for example, heat exchangers,
separators, filters etc;
— the risk of increased levels of carbon dioxide from limestone
chippings associated with drainage operations when they get wet;
3
—
burning operations and work such as welding and grinding which
consume oxygen;
—
displacement of air during pipe freezing, for example, with liquid
nitrogen;
— a gradual
depletion of oxygen as workers breathe in confined spaces
and where provision of replacement air is inadequate.
• The ingress or presence of liquids

Liquids can flow into the confined space and lead to drowning and other
serious injury depending on the nature of the liquids such as their
corrosivity or toxicity.
• Solid materials which can flow

Free flowing solids can submerge a person, preventing breathing.
Materials which create this hazard include grain, sugar, flour, sand, coal-
dust and other substances in granular or powder form.
• Presence of excessive heat

This can lead to a dangerous rise in core body temperature and can be
made worse as a result of personal protective equipment being worn. In
extreme cases heat stroke and unconsciousness can result. A slower heat
build-up in the body can cause heat stress, and if action is not taken to
cool the body there is also a risk of heat stroke and unconsciousness. This
can occur where work in hot conditions is being undertaken in a confined
space or where, for example, boilers or furnaces have not been allowed
sufficient time to cool before people are allowed to enter to undertake
maintenance work, or where equipment has been steam cleaned to
remove hydrocarbons.
10 Other hazards can be found when entering or working in confined spaces

but they are not the specific concern of these Regulations, the Approved Code
of Practice or this Guidance. This is because these hazards are not unique to
confined spaces working. The precautions for dealing with hazards such as:
electricity; mechanical equipment; noise; dust; and working space, are not
specifically dealt with in the Confined Space Regulations, the Approved Code
of Practice or this Guidance. Where these hazards are present in a confined
space the precautions will almost always be more extensive than where they
appear outside the confined space simply because of the enclosed nature of the
space.
11 Specific regulations and supporting guidance already deal with many of

these other hazards, for example:
• Electricity at Work Regulations 1989
• Provision and Use of Work Equipment Regulations 1992
• Noise at Work Regulations 1989
• Workplace (Health, Safety and Welfare) Regulations 1992

• Control of Lead at Work Regulations 1980
• Control of Asbestos at Work Regulations 1987.
4
The Control of Substances Hazardous to Health Regulations 1994 (COSHH)
also apply to all substances hazardous to health (other than lead or asbestos),
such as toxic fume and injurious dust. The lonising Radiation Regulations
1985 may apply where radon gas can accumulate in confined spaces, for
example, sewers, and where industrial radiography is used to look at, for
example, the integrity of welds in vessels (see Appendix 3).
APPLICATION OF THE REGULATIONS

Regulation 2 Disapplication of Regulations

These Regulations shall not apply to or in relation to -
Regulation
(a) the master or crew of a sea-going ship or to the employer of such persons in
respect of the normal ship-board activities carried out solely by a ship's
crew under the direction of the master; or
(b) any place below ground in a mine; or
(c) any diving operation to and in relation to which the Diving Operations at
Work Regulations 1981 apply by virtue of regulation 3 of those
_______________________ Regulations.
Regulation S Extension outside Great Britain

Re gui at These Regulations shall, subject to regulation 2 above, apply to and in relation to the
premises and activities outside Great Britain to which sections 1 to 59 and 80 of the
1974 Act apply by virtue of paragraphs (a), (b), (d) and (e) of article 8 of the
Health and Safety at Work etc Act 1974 (Application Outside Great Britain) Order
1995(a) as they apply within Great Britain but they shall not apply in any case where
at the relevant time article 4, 5, 6 or 7 of the said Order applies.
(a) S119951263.
Guidance 12 The Confined Spaces Regulations apply in all premises and work
situations subject to the HSW Act, with the exception of diving operations, and
below ground in a mine. Specific legislation deals with confined spaces in these
cases, and guidance is available (see Appendix 3). In addition the Regulations
do not apply to the master or crew of a sea-going ship or to the employer of
such persons in respect of the normal ship-board activities carried out solely by
a ship's crew under the direction of the master.
ACOP 13 Where an operation involves a ship's crew and shoreside workers

working together aboard ship, the provisions will apply, thereby
imposing duties on masters, crew and their employers, as well as the
shoreside workers involved and their employers. They will need to co-
operate so far as is necessary to ensure that their duties in relation to
these matters are discharged, agreeing procedures and establishing
who is in overall control as required under regulation 9 of the
Management Regulations.
5
ACOP 14 The Confined Spaces Regulations also revoke regulations 48-52
and 54 of the Shipbuilding and Ship-repairing Regulations 1960, which
deal with work in confined spaces. However, regulations 59-66 of the
Shipbuilding and Ship-repairing Regulations deal with hot-work and
may also involve work in confined spaces. By complying with the
requirements of regulations 59-66 in full, you will be deemed to have
fully complied with the requirements of the Confined Spaces
Regulations, until such time as regulations 59-66 have been revoked.
15 When entering compression chambers or diving bells provided for

the support of diving operations to conduct pre- and post-diving
procedures, setting-to work (ie commissioning equipment), or
maintenance procedures, the Confined Spaces Regulations will apply
because these activities are not defined as diving operations under the
Diving Operations at Work Regulations 1981.
16 The Regulations also extend outside Great Britain in a limited number of

cases where the HSW Act applies by virtue of paragraphs (a), (b), (d) and (e)
of article 8 of the Health and Safety at Work etc Act 1974 (Application Outside
Great Britain) Order 1995.
ACOP 17 Offshore installations are not specifically covered by the Confined

Spaces Regulations (and hence this Code). The Confined Spaces
Regulations would apply to certain activities aboard installations
'stacked' out of use in territorial waters, which are not defined as
'offshore installations', such as the activities of shore-based workers
undertaking repair, maintenance or cleaning.
DUTIES UNDER THE REGULATIONS

Regulation 3 Persons upon whom duties are imposed by these

Regulations
(1) Every employer shall -
(a) ensure compliance with the provisions of these Regulations in respect of

any work carried out by his employees; and
(b) ensure compliance, so far as is reasonably practicable, with the provisions

of these Regulations in respect of any work carried out by persons other
than his employees insofar as the provisions relate to matters which are
within his control.
(2) Every self-employed person shall -
(a) comply with the provisions of these Regulations in respect of his own work;
and
(b) ensure compliance, so far as is reasonably practicable, with the provisions

of these Regulations in respect of any work carried out by other persons
insofar as the provisions relate to matters which are within his control.
6
ACOP 18 Duties to comply with the Regulations are placed on:
• employers in respect of work carried out by their own employees

and work carried out by any other person (eg contractors) insofar
as that work is to any extent under the employers' control; and
• the self-employed in respect of their own work and work carried

out by any other person insofar as that work is to any extent under
the control of the self-employed.
19 Where employers or the self-employed have duties in relation to
people at work who are not their employees then the duty is to do what
is 'reasonably practicable' in the circumstances. In many cases, the
employer or self-employed will need to liaise and co-operate with
others (eg other employers) to agree the respective responsibilities in
terms of the regulations and duties. It is also necessary to take all
reasonably practicable steps to engage competent contractors. In this
way, those in control can be clear about what they can reasonably do to
ensure that those undertaking the work in the confined space comply
with these and other relevant regulations.
RISK ASSESSMENT
The Management of Health and Safety at Work Regulations 1992:
regulation 3 (see Appendix 1)
20 The Management of Health and Safety at Work Regulations 1992 apply
across all industries and all work activities. The principal duty, regulation 3
(see Appendix 1), requires all employers and self-employed persons to identify
the measures they need to take by means of a suitable and sufficient assessment
of all risks to workers and any others who may be affected by their work
activities (insignificant risks can be ignored). Employers with five or more
employees are required to record the significant findings of the assessment. The
Approved Code of Practice Management of Health and Safety at Work provides
further details (see Appendix 3).
21 In accordance with regulation 4(1) of The Confined Spaces Regulations
1997, the priority when carrying out a risk assessment is to identify the
measures needed so that work in confined spaces can be avoided. If, in the light
of the risks identified, it cannot be considered reasonably practicable to carry
out the work without entering the confined space, then it is necessary to
determine what measures need to be taken to secure a safe system for working
within the confined space in accordance with regulation 4(2). The risk
assessment will help identify the necessary precautions to be included in the
safe system of work, and is described in more detail in paragraph 36.
ACOP 22 (a) If it is not reasonably practicable to prevent work in a

confined space the employer or the self-employed will need to
assess the risks connected with entering or working in the
space. The assessment will need to identify the risks to those
entering or working there, and also any others, for example,
other workers including contractors and the general public in
the vicinity who could be affected by the work to be
undertaken. Assessment upon which a safe system of work is
to be based must be carried out by those competent to do so.
(b) A competent person for these purposes will be someone with
sufficient experience of, and familiarity with, the relevant
7
ACOP processes, plant and equipment so that they understand the
risks involved and can devise necessary precautions to meet
the requirements of the Confined Space Regulations. In
complex cases more than one person may be needed to
conduct assessment of risks relating to specific required
areas of expertise.
23 Where a number of confined spaces (eg sewers or manholes) are

broadly the same, in terms of the conditions and the activities being
carried out, and if the risks and measures to deal with them are the
same, it may be possible to devise a 'model' or generic risk assessment
covering them all. Any differences in particular cases that would alter
the conclusions of the model risk assessment must be identified.
Failure to include relevant information in the risk assessment could
lead to inadequate precautions in the subsequent system of work.
24 When carrying out an assessment, you should make use of all information
available about the confmed space. For example, there may be information
from engineering drawings, working plans or about relevant soil or geological
conditions. Assess this information in conjunction with information on any
processes that have already taken place or will take place in the course of the
work to be undertaken and which could affect the condition of the confined
space. Information relevant to emergency arrangements are dealt with at
paragraph 80.
25 Employees and their representatives should be consulted when assessing

the risks connected with entering or working in a confined space.
26 Give particular attention to situations where the work circumstances are

changing, for example at construction sites or steel fabrications, or where there
are temporary workers who are likely to have limited knowledge of the
conditions and dangers in the confined space.
ACOP Factors to be assessed
27 (a) You should assess the general condition of the confined space
to identify what might be present or not present, and cause a
problem: for example, is the concentration of oxygen normal?
Any records relating to the confined space should be checked
for relevant information. Consideration should be given to:
• Previous contents
Information about any substances previously held,
however briefly, in the confined space, will give an
indication of what kind of hazard may be expected, for
example, toxic or flammable gases, etc. Fires and
explosions have been caused by ignition of substances
thought to have been 'removed' some considerable time
before, but which were, in fact, still present.
• Residues
Dangers may arise from chemical residues or scale,
rust, sludge or other residues in a confined space. For
example, dangerous gas, fume or vapour can be released
when scale, sludge or animal slurry is disturbed. Where
there are residues, safe working procedures should
8
ACOP assume that disturbance of the residue etc will release
gas, fume or vapour (see paragraph 53).
• Contamination
Contamination may arise from adjacent plant,

processes, gas mains or surrounding land, soil or strata.
Gases and liquids may leak or may have leaked into the
confined space from adjacent plant, installations,
processes or landfill sites. This is a particular risk where
confined spaces are below ground because they can be
contaminated by substances from installations many
metres away. In certain situations, water in ground
strata and/or gases may enter the confined space from
the surrounding land, soil or strata. For example, acid
groundwater acting on limestone can lead to dangerous
accumulations of carbon dioxide. Also, methane can
occur from a number of sources including the decay of
organic matter and can be released from groundwater.
Methane and other gases can leach into groundwater
and be released at distances remote from the source.
Sewers can be affected over long distances by water
surges, for example following sudden heavy rainfall
upstream of where work is being carried out.
• Oxygen deficiency and oxygen enrichment
There are substantial risks if the concentration of
oxygen in the atmosphere varies significantly from
normal (ie 2O.8°/o). For example, oxygen enrichment will
increase flammability of clothing and other combustible
materials. Conversely a relatively small reduction in the
oxygen percentage can lead to impaired mental ability.
The effects are very rapid and generally there will be no
warning to alert the senses. This can happen even in
circumstances where only a person's head is inside a
confined space. Very low oxygen concentrations (ie
below l6%) can lead to unconsciousness and death. Any
difference in oxygen content from normal should be
investigated, the risk assessed, and appropriate
measures taken in the light of the risk.
• Physical dimensions
You must consider the possible effects of the dimensions
and layout of the confined space. Air quality can differ if
the space contains remote or low-lying compartments.
You should also take account of isolated pockets or
regions within the space when choosing ventilation
methods (see paragraphs 51 and 52).
(b) You should assess hazards that arise directly from the work
to be undertaken in the confined space. The work itself may
produce the hazard. Alternatively, conditions may become
hazardous when work is done in conjunction with residues,
contamination etc. Work being done on the exterior of the
confined space (eg external welding) could also generate
hazardous conditions within. Hazards that can be introduced
into a space that may otherwise be safe include:
9
ACOP • Cleaning chemicals
Chemicals that might be used for cleaning purposes
could affect the atmosphere directly or interact with
residual substances present in the confined space.
• Sources of ignition
Welding could act as a source of ignition for flammable
gases, vapours (eg from residues), dusts, plastics and
many other materials which may burn leading to a fire
or explosion. Welding on the outside of a confined space
can easily ignite materials in contact with the metal on
the inside. Tools and equipment, including lighting, may
need to be inherently safe or specially protected where
they are likely to be used in potentially flammable or
explosive atmospheres so that they do not present a
source of ignition.
(c) You should assess the need to isolate the confined space to
prevent dangers arising from outside. For example:
• Ingress of substances
There may be a risk of substances (liquids, gases, steam,
water, raw materials) from nearby processes and
services entering the confined space. This could be
caused by the inadvertent operation of machinery.
Consequently, you should normally disconnect power to
such equipment and measures should be taken to ensure
that it cannot be reconnected until it is safe to do so,
taking care not to isolate vital services such as sprinkler
systems, communications etc (inert gas flooding is dealt
with at paragraph 87). Also, measures are needed to
prevent the substance normally held in the confined
space from being automatically delivered (see
paragraphs 57 and 58). There may also be a risk of
carbon monoxide, carbon dioxide and nitrogen dioxide
present in the exhaust of combustion engines that could
enter the confined space (see paragraphs 61 and 62).
(d) You should assess the requirements for emergency rescue
arrangements. Possible emergencies should be anticipated
and appropriate rescue arrangements made. The likely risks,
and therefore the equipment and measures needed for a
rescue by nearby employees need to be identified (see
paragraphs 80-92). Further details about the role of the
emergency services are dealt with in paragraph 91.
PREVENTING THE NEED FOR ENTRY

Regulation 4 Work in confined spaces

(1) No person at work shall enter a confined space to cany out work for
ReguIatin
any purpose unless it is nor reasonably practicable to achieve that purpose without
such entry.
10
28 Employers have a duty to prevent employees, or others who are to
any extent within the employer's control, such as contractors, from
entering or working inside a confined space where it is reasonably
practicable to undertake the work without entering the space.
Similarly, the self-employed should not enter or work inside a confined
space where it is reasonably practicable to undertake the work without
entering it.
29 In every situation, the employer or the self-employed must

consider what measures can be taken to enable the work to be carried
out without the need to enter the confined space. The measures might
involve modifying the confined space itself to avoid the need for entry,
or to enable the work to be undertaken from outside the space. In many
cases it will involve modifying working practices.
30 The following are examples of modified working practices preventing the

need for entry:
• it is usually possible to test the atmosphere or sample the contents of

confined spaces from outside using appropriate long tools and probes etc;
• in some cases you can clean a confined space, or remove residues from it,
from the outside using water jetting, steam or chemical cleaning, long-
handled tools, or in-place cleaning systems;
• blockages can be cleared in silos where grain or other solids can 'bridge'
or where voids can form by the use of remotely-operated rotating flail
devices, vibrators and air purgers which avoid the need to enter the space;
• in some cases it is possible to see what is happening inside without going

in by looking in through a porthole, sightglass, grille or hole. If the
sightglass tends to become blocked, it can be cleaned with a wiper and
washer. Lighting can be provided inside or by shining in through a
window. The use of closed circuit television systems (CCTV) may be
appropriate in some cases.
Duties with regard to the design and construction of confined spaces
Health and Safety at Work etc Act 1974, section 6 (see Appendix 1)
Construction (Design and Management) Regulations 1994,

regulation 13 (see Appendix 3for details of guidance on regulations)
31 Section 6 of the Health and Safety at Work etc Act 1974 places a duty on
designers, manufacturers, importers and suppliers of articles for use at work to
ensure, so far as is reasonably practicable, that the article is so designed and
constructed that it will be safe and without risk to health. Also, the Provision
and Use of Work Equipment Regulations 1992 (regulation 5) places a duty on
employers to ensure that work equipment is so constructed or adapted so that
it will not affect the health or safety of any person when used or provided for
the intended purpose.
32 Where plant and equipment unavoidably include confined spaces,

designers, manufacturers, importers, suppliers, erectors and installers should
eliminate or, where this is not possible, minimise the need to enter such spaces
both during normal use or working, and for cleaning and maintenance.
33 Regulation 13 of the Construction (Design and Management)

Regulations 1994 places a duty on designers to ensure that any design includes
11
adequate regard to the need to avoid foreseeable risks to the health and safety
of any person on the structure at any time.
34 You can take a variety of measures to remove the need for people having
to enter a confined space to work. However, there may be specific methods of
working such as tunnelling, which although creating a confined space may
nevertheless be the best overall option in view of the risk assessment.
Engineers, architects, contractors and others who design, construct or modify
buildings, structures etc, should aim to eliminate or minimise the need to enter
a confined space. For example, conical bases on process vessels can be
designed so that in-place cleaning systems can flush out debris effectively. Both
normal working, cleaning, inspection, and maintenance work should be
considered at the design stage. To ensure entirely new hazards are not
introduced, designers will need to consult users carefully about their
requirements. Where it is not reasonably practicable to avoid entry the design
should incorporate easy access, taking account of requirements in the event of
emergencies. For example, the design should incorporate manholes sited at the
bottom or low down in the structure and the suitability of access and working
platforms etc should be considered (see paragraphs 93-98). Design of the space
itself should include provision of sample points, nozzles etc for atmospheric
testing.
SAFE WORKING IN CONFINED SPACES

Regulatton 4 Work in confined spaces

(2) Without prejudice to paragraph (1) above, so far as is reasonably
practicable, no person at work shall enter or carry out any work in or (other than as a
result of an emergency) leave a confined space otherwise than in accordance with a
system of work which, in relation to any relevant specified risks, renders that work
safe and without risks to health.
ACOP 35 Where it is not reasonably practicable to avoid entering a confined

space to undertake work, the employer or self-employed person is
responsible for ensuring that a safe system of work is used. In designing
a safe system of work, they should give priority to eliminating the
source of any danger before deciding what precautions are needed for
entry.
Precautions to be included in the safe system of work
36 The precautions required in a safe system of work will depend on

the nature of the confined space and the risk assessment (see
paragraphs 20-27). For example, the risks involved and precautions
needed for cleaning car interiors with solvents will be relatively
straightforward by comparison with those involved when undertaking
welding work inside a chemical reactor vessel, or work in a sewer. The
main elements to consider when designing a safe system of work, and
which may form the basis of a 'permit-to-work' (see paragraphs 75-78),
are:
12
Paragraph
Supervision 37
Competence for confined spaces working 38
Communications 39
Testing/monitoring the atmosphere 40-46
Gas purging 47-50
Ventilation 51-52
Removal of residues 53
Isolation from gases, liquids and other flowing materials 54-56
Isolation from mechanical and electrical equipment 57
Selection and use of suitable equipment 58
Personal protective equipment (PPE) and respiratory
protective equipment (RPE) 59-60
Portable gas cylinders and internal combustion engines 6 1-62
Gas supplied by pipes and hoses 63
Access and egress 64-66
Fire prevention 67
Lighting 68
Static electricity 69-70
Smoking 71
Emergencies and rescue 72
Limited working time 73
Supervision
37 The degree of supervision should be based on the findings of the
risk assessment. In some cases an employer might simply instruct an
employee how to do the work and then periodically check that all is
well, for example, if the work is routine, the precautions
straightforward, and all the arrangements for safety can be properly
controlled by the person carrying out the work. It is more likely that the
risk assessment will idendf a level of risk that requires the
appointment of a competent person (see paragraph 22(b)) to supervise
the work and who may need to remain present while the work is being
undertaken. It will be the supervisor's role to ensure that the permit-
to-work system, where applicable, operates properly, the necessary
safety precautions are taken, and that anyone in the vicinity of the
confined space is informed of the work being done.
Competence for confined spaces working

38 To be competent to work safely in confined spaces, adequate
training (see paragraph 113) and experience in the particular work
involved is essential. Training standards must be appropriate to the
task, and to the individual's roles and responsibifities, so that work can
be carried out safely (see paragraph 79). Where the risk assessment
indicates that properly trained individuals can work for periods without
supervision, you will need to check that they are competent to follow
the established safe system of work and have been provided with
adequate information and instruction about the work to be done.
13
ACOP Communications
39 An adequate communication system will be needed and should

enable communication:
• between those inside the confined space;

• between those inside the confined space and those outside; and
• to summon help in case of emergency.
Whatever system is used, and it can be based on speech, tugs on a rope,
the telephone, radio etc, it is important that all messages can be
communicated easily, rapidly and unambiguously between relevant
people. Consider whether the communication methods are appropriate
for any workers wearing breathing apparatus. The communication
system should also cover the need for those outside the space to raise
the alarm and set in motion emergency rescue procedures (see
paragraph 80). Equipment such as telephones and radios should be
specially protected so that they do not present a source of ignition
where there is a risk of flammable or potentially explosive
atmospheres.
Testing/monitoring the atmosphere

40 The atmosphere within a confined space may need testing for
hazardous gas, fume or vapour or to check the concentration of oxygen
prior to entry. Testing will be needed where knowledge of the confined
space, for example, from information about its previous contents or
chemicals used in a previous activity in the space, indicates that the
atmosphere might be contaminated or to any extent unsafe to breathe,
or where any doubt exists as to the condition of the atmosphere. It will
also be needed where the atmosphere was known to be contaminated
previously, was ventilated as a consequence, and needs to be tested to
check the result.
41 Where the atmosphere in the space may not be safe to breathe and
requires testing, the findings of the risk assessment may indicate that
testing should be carried out on each occasion that the confined space
is re-entered, even where the atmosphere initially was found to be safe
to breathe. Regular monitoring of the atmosphere may also be
necessary to check that there is no change in the atmosphere while the
work is being carried out, particularly where there is a known
possibility of adverse changes in the atmosphere during the work. The
conditions should be continuously monitored when, for example, forced
ventilation is being used, and where the work activity could give rise to
changes in the atmosphere. The exact testing, retesting and monitoring
requirements should be defined by a competent person (see paragraph
22(b)) within the safe system of work.
42 Local emergency services attending an emergency incident may

necessarily require the immediate use of self-contained breathing
apparatus, under controlled and monitored entry conditions, without
following the testing procedures at paragraph 40. This is due to the
constraints on effecting an immediate rescue. Further information on
the role of the public emergency services is given in paragraph 91.
43 The choice of testing equipment will depend on the circumstances

and knowledge of possible contaminants. For example, when testing for
14
ACOP toxic or asphyxiating atmospheres suitably calibrated chemical
detector tubes or portable atmospheric monitoring equipment may be
appropriate. However, in some cases equipment specifically designed
to measure for flammable or explosive atmospheres will be required.
All such equipment should be specially suited for use in these
atmospheres. Testing equipment should also be in good working order
and where necessary calibrated and checked in accordance with the
intervals and recommendations accompanying the equipment, or at
other suitable intervals. Explosimeters will need to be calibrated for
different gases or vapours.
44 Testing to measure the oxygen content should be carried out
before testing for concentration of flammable gases, followed by any
further tests for toxic gases, vapours and dusts. Additional tests may be
required for the presence of contaminants in liquid or solid form when
the risk assessment indicates that they may be present. It is important
not to overlook the flammable properties of substances that also have
toxic properties, even if they are only slightly toxic.
45 Testing should be carried out by persons who are not only

competent in the practice and aware of the existing standards for the
relevant airborne contaminates being measured but are also instructed
and trained in the risks involved. Those carrying out the testing should
also be capable of interpreting the results and taking any necessary
action. Records should be kept of the results and findings.
46 The atmosphere in a confined space can often be tested from the

outside, without the need for entry, drawing samples through a long
probe. Where flexible sample tubing is used, ensure that it is not
impeded by kinks, blockages, blocked or restricted nozzles and that
sufficient time is allowed for samples of the atmosphere to displace the
normal air in the probe. It is important that the atmosphere in
sufficiently representative samples of the space is tested to check for
pockets of poor air quality, especially if there is any doubt about the
thoroughness of ventilation. If it becomes necessary for the tester to
enter the confined space, the work then should be carried out in
accordance with the advice in this guidance.
Gas purging
47 Where the risk assessment has identified the presence or possible
presence of flammable or toxic gases or vapours there may be a need to
purge the gas or vapour from the confined space. This can be done with
air or an inert gas where toxic contaminants are present, but with inert
gas only where there are flammable contaminants. You can only use
inert gas for purging flammable gas or vapour because any purging
with air could produce a flammable mixture within the confined space.
Where purging has been carried out, the atmosphere will need to be
tested to check that purging has been effective, and that it is safe to
breathe before allowing people to enter.
48 In circumstances where the safest method of removing a

flammable or explosive hazard is by purging with inert gas, for instance
using nitrogen displacement, and the work cannot be carried out from
a safe position outside the confined space, you will need to put in place
a permit-to-work system that identifies the standard of protection of all
exposed persons. This would include use of full breathing apparatus.
15
49 Take account of the possibility of exposure both to employees and
non-employees from vented gases as a result of purging. When carrying
out purging, take precautions to protect those outside the confined
space from toxic, flammable, irritating gases and vapours etc.
50 Good ventilation and a supply of breathable air are essential.
Inhaling an atmosphere that contains no oxygen can cause loss of
consciousness in a matter of seconds because such an atmosphere not
only fails to provide oxygen but may also displace oxygen in the
bloodstream. When the atmosphere inhaled contains some oxygen, the
loss of oxygen from the bloodstream takes place more slowly.
Nevertheless victims will feel very fatigued and will find it difficult to
help themselves because of the irrationality induced by lack of oxygen.
Prolonged exposure to such an atmosphere can result in loss of
consciousness. The speed at which unconsciousness can result after
exposure to an inert atmosphere is seldom appreciated and may have
been a factor in some fatalities where rescue without proper breathing
apparatus or respiratory protection has been attempted in such
atmospheres.
Ventilation
51 Some confined spaces are enclosed to the extent that they require
mechanical ventilation to provide sufficient fresh air to replace the
oxygen that is being used up by people working in the space, and to
dilute and remove gas, fume or vapour produced by the work. This can
be done by using a blower fan and trunking and/or an exhaust fan or
ejector and trunking (provided that there is an adequate supply of fresh
air to replace the used air). Fresh air should be drawn from a point
where it is not contaminated either by used air or other pollutants.
Never introduce additional oxygen into a confined space to 'sweeten'
the air as this can lead to oxygen enrichment in the atmosphere that
can render certain substances (eg grease) liable to spontaneous
combustion, and will greatly increase the combustibility of other
materials. Oxygen above the normal concentration in air may also have
a toxic effect if inhaled.
52 When considering the ventilation method, take account of the

layout of the space, the position of openings etc and the properties of
the pollutants, so that circulation of air for ventilation is effective.
Natural ventilation may suffice if there is sufficient top and bottom
openings in a vessel. For example, if a small tank containing heavy
vapour has a single top manhole it may be sufficient to exhaust from
the bottom of the tank with a ventilation duct whilst allowing 'make-up'
air to enter through the manhole. For complicated spaces where
several pockets of gas or vapour might collect, a more complex
ventilation system will be needed to ensure thorough ventilation.
Forced ventilation is normally preferable to exhaust ventilation (which
has only a local benefit). It is essential to ensure that extract ventilation
is routed away from possible sources of re-entry. In all cases it is
important that an airline or trunking should be introduced at, or
extend to, the bottom of the vessel to ensure removal of heavy gas or
vapour and effective circulation of air.
Removal of residues
53 Cleaning or removal of residues is often the purpose of confined

space work. In some cases residues will need to be removed to allow
other work to be undertaken safely. Appropriate measures should be
16
ACOP taken where risks from the residues are identified. For example,
dangerous substances (such as hazardous gas, fume or vapour) can be
released when residues are disturbed or, particularly, when heat is
applied to them. The measures might include the use of powered
ventilation equipment, specially protected electrical equipment for use
in hazardous atmospheres, respiratory protective equipment (see
paragraphs 99 and 100) and atmospheric monitoring (see paragraph
40-46). The cleaning or removal process might need to be repeated to
ensure that all residues have been removed, and in some cases might
need to deal with residues trapped in sludge, scale or other deposits,
brickwork, or behind loose linings, in liquid traps, joints in vessels, in
pipe bends, or in other places where removal is difficult.
Isolation from gases, liquids, and other flowing materials

54 Confined spaces will often need to be isolated from ingress of
substances that could pose a risk to those working within the space.
55 An effective method is to disconnect the confined space completely from
every item of plant either removing a section of pipe or duct or by inserting
blanks. If blanks are used, the spectacle type with one lens solid and the other a
ring, makes checking easier. When disconnection in this way cannot be done
one alternative is a suitable, reliable valve that is locked shut, providing there is
no possibility of it allowing anything to pass through when locked, or of being
unlocked when people are inside the confined space.
56 Barriers such as a single brick wall, a water seal, or shut-off valves or

those sealed with sand or loam to separate one section of plant from another,
are sometimes present at a confined space and offer some degree of isolation of
the space. However, these barriers are usually provided for normal working and
may not provide the level of safety protection necessary for the high risks often
found in confined spaces. A more substantial means of isolation may therefore
be needed. \Vhatever means of isolation is used it needs to be tested to ensure
it is sufficiently reliable by checking for substances to see if isolation has been
effective.
ACOP Isolation from mechanical and electrical equipment
57 Some confined spaces contain electrical and mechanical

equipment with power supplied from outside the space. Unless the risk
assessment specifically enables the system of work to allow power to
remain on, either for the purposes of the task being undertaken or as
vital services (ie lighting, vital communications, fire-fighting, pumping
where flooding is a risk, or cables distributing power to other areas) the
power should be disconnected, separated from the equipment, and a
check made to ensure isolation has been effective. This could include
locking off the switch and formally securing the key in accordance with
a permit-to-work, until it is no longer necessary to control access. Lock
and tag systems can be useful here, where each operator has their own
lock and key giving self-assurance of the inactivated mechanism or
system. Check there is no stored energy of any kind left in the system
that could activate the equipment inadvertently.
Selection and use of suitable equipment
58 Any equipment provided for use in a confined space needs to be

suitable for the purpose. Where there is a risk of a flammable gas
seeping into a confined space and which could be ignited by electrical
sources (eg a portable hand lamp), specially protected electrical
17
ACOP equipment needs to be used, for example, a lamp certified for use in
explosive atmospheres. Note that specially designed low voltage
portable lights, while offering protection against electrocution, could
nevertheless still present ignition sources and are not in themselves
safer in flammable or potentially explosive atmospheres. All equipment
should be carefully selected bearing in mind the conditions and risks
where it will be used. Earthing should be considered to prevent static
charge build-up. In addition to isolation (see paragraph 57),
mechanical equipment may need to be secured against free rotation, as
people may tread or lean on it, and risk trapping or falling. Further
details on requirements for certain other equipment, including
requirements for examination and maintenance, are dealt with in
paragraphs 103-112.
Personal protective equipment and respiratory protective equipment

59 So far as is reasonably practicable you should ensure that a
confined space is safe to work in without the need for personal
protective equipment (PPE) and respiratory protective equipment
(RPE) which should be a last resort, except for rescue work (including
the work of the emergency services). Use of PPE and RPE may be
identified as necessary in your risk assessment, in which case it needs
to be suitable and should be provided and used by those entering and
working in confined spaces. Such equipment is in addition to
engineering controls and safe systems of work. The type of PPE
provided will depend on the hazards identified but, for example, might
include safety lines and harnesses, and suitable breathing apparatus.
Take account of foreseeable hazards that might arise, and the need for
emergency evacuation (see also paragraphs 99-102).
60 Wearing respiratory protective equipment and personal protective

equipment can contribute to heat stress. In extreme situations cooling air may
be required for protective suits. Footwear and clothing may also require
insulating properties, for example, to prevent softening of plastics that could
lead to distortion of components such as visors, airhoses and crimped
connections. See paragraphs 100 and 83 for details of when 'escape breathing
apparatus' (or self-rescuers) are appropriate.
ACOP Portable gas cylinders and internal combustion engines
61 Never use petrol-fuelled internal combustion engines in confined

spaces. Gas cylinders should not normally be used within a confined
space unless special precautions are taken. Portable gas cylinders for
heat, power or light, and diesel-fuelled internal combustion engines are
nearly as dangerous as petrol-fuelled engines, and are inappropriate
unless exceptional precautions are taken. Where their use cannot be
avoided, adequate ventilation needs to be provided to prevent a build-
up of harmful gas, and to allow internal combustion engines to operate
properly. The exhaust from engines should be vented to a safe place
well away from the confined space, downwind of any ventilator intakes
for the confined space, and the means checked for leakage within the
confined space. In tunnelling, normal practice is to provide a high level
of ventilation and additional precautions to minimise emissions.
Fuelling of portable engine-driven equipment should be conducted
outside the confined space except in rare cases where it is not
reasonably practicable, such as in some tunneffing work. Using such
equipment within the space requires constant atmospheric monitoring
of the space.
18
ACOP 62 Check gas equipment and gas pipelines for gas leaks before entry
into the confined space. At the end of every work period remove gas
cylinders, including those forming welding sets, from the confined
space in case a slow leak contaminates the atmosphere within the
space.
Gas supplied by pipes and hoses

63 The use of pipes and hoses for conveying oxygen or flammable
gases into a confined space should be controlled to minimise the risks.
It is important that at the end of every working period, other than
during short interruptions, the supply valves for pipes and hoses are
securely closed before the pipes and hoses are withdrawn from the
confined space to a place that is well ventilated. Where pipes and hoses
cannot be removed, they should be disconnected from the gas supply at
a point outside the confined space and their contents safely vented.
Access and egress
64 You should provide a safe way in and out of the confined space.
Wherever possible allow quick, unobstructed and ready access. The
means of escape must be suitable for use by the individual who enters
the confined space so that they can quickly escape in an emergency.
Suitable means to prevent access should be in place when there is no
need for anybody to work in the confined space. The safe system of
work should ensure that everyone has left the confined space during
'boxing-up' operations particularly when the space is complicated and
extensive, for example in boilers, cableways and culverts where there
can be numerous entry/exit points.
65 The size of openings to confined spaces needs to be adequate.

Openings affording safe access to confined spaces, and through
divisions, partitions or obstructions within such spaces, need to be
sufficiently large and free from obstruction to allow the passage of
persons wearing the necessary protective clothing and equipment, and
to allow adequate access for rescue purposes. Guidance on the
dimensions for manhole openings can be found in paragraphs 93-98.
66 There should be a safety sign that is clear and conspicuous to

prohibit unauthorised entry alongside openings that allow for safe
access.
Fire prevention
67 Wherever possible flammable and combustible materials should
not be stored in confined spaces that have not been specifically created
or allocated for that purpose. If they accumulate as a result of work
they should be removed as soon as possible and before they begin to
create a risk. Where flammable materials need to be located in a
confined space the quantity of the material should be kept to a
minimum. In most cases flammable materials should not be stored in
confined spaces; however there may be special cases where this is
necessary for example, in tunneffing. In these cases they should be
stored in suitable fire-resistant containers. If there is a risk of
flammable or potentially explosive atmospheres, take precautions to
eliminate the risk such as removal by cleaning, effective use of
thorough ventilation, and control of the sources of ignition.
19
ACOP Lighting
68 Adequate and suitable lighting, including emergency lighting,
should be provided. For example, the lighting will need to be specially
protected if used where flammable or potentially explosive
atmospheres are likely to occur. Other gases may be present that could
break down thermally on the unprotected hot surfaces of a lighting
system and produce other toxic products. Lighting may need to be
protected against knocks (eg by a wire cage), and/or be waterproof.
Where water is present in the space, suitable plug/socket connectors
capable of withstanding wet or damp conditions should be used and
protected by residual current devices (RCD5) suitable for protection
against electric shock. The position of lighting may also be important,
for example to give ample clearance for work or rescue to be carried
out unobstructed.
Static electricity
69 Exclude static discharges, and all sources of ignition if there is a
risk of a flammable or explosive atmosphere in the confined space. All
conducting items such as steel trunking and airlines should be bonded
and effectively earthed. If cleaning operations are to be carried out
assess the risks posed by the use or presence of high resistivity
materials (such as synthetic plastics) in and adjacent to the confined
space.
70 Some equipment is prone to static build-up due to its insulating
characteristics, for example, most plastics. There is also a high risk of
electrostatic discharge from some equipment used for steam or water jetting.
Static discharges can also arise from clothing containing cotton or wool.
Consider selecting safer alternative equipment and antistatic footwear and
clothing.
ACOP Smoking
71 Smoking should be prohibited in confined spaces. The results of
the risk assessment may indicate that it would be necessary to extend
the exclusion area to a distance beyond the confined space, for
example, 5-10 m.
Emergencies and rescue

72 The arrangements for the rescue of persons in the event of an
emergency, required under regulation 5 of the Confined Spaces
Regulations, need to be suitable and sufficient and, where appropriate,
there will also be a need for the necessary equipment to enable
resuscitation procedures to be carried out. The arrangements should be
in place before any person enters or works in a confined space (see
paragraphs 80-92).
Limiting working time

73 There may be a need to limit the time period that individuals are allowed
to work in a confined space. This may be appropriate where, for example,
respiratory protective equipment is used, or under extreme conditions of
temperature and humidity; or the confined space is so small that movement is
severely restricted. For a large confined space and multiple entries, a logging or
tally system may be necessary to check everyone in and out and to control
duration of entry.
20
ACOP 74 To be effective a safe system of work needs to be in writing. A safe
system of work sets out the work to be done and the precautions to be
taken. When written down it is a formal record that all foreseeable
hazards and risks have been considered in advance. The safe procedure
consists of all appropriate precautions taken in the correct sequence. In
practice a safe system of work will only ever be as good as its
implementation.
Use of a permit-to-work procedure
75 A permit-to-work system is a formal written system and is usually
required where there is a reasonably foreseeable risk of serious injury
in entering or working in the confined space. The permit-to-work
procedure is an extension of the safe system to work, not a replacement
for it. The use of a permit-to-work system does not, by itself, make the
job safe. It supports the safe system, providing a ready means of
recording findings and authorisations required to proceed with the
entry. It also contains information, for example, time limits on entry,
results of the gas testing, and other information that may be required
during an emergency and which, when the job is completed, can also
provide historical information on original entry conditions. A permit-
to-work system is appropriate, for example:
(a) to ensure that the people working in the confined space are aware
of the hazards involved and the identity, nature and extent of the
work to be carried out;
(b) to ensure there is a formal check undertaken confirming elements

of a safe system of work are in place. This needs to take place
before people are allowed to enter or work in the confined space;
(c) where there is a need to coordinate or exclude, using controlled

and formal procedures, other people and their activities where
they could affect work or conditions in the confined space;
(d) if the work requires the authorisation of more than one person, or
there is a time-limit on entry. It may also be needed if
communications with the outside are other than by direct speech,
or if particular respiratory protective andlor personal protective
equipment is required.
A permit-to-work should be cancelled once the operations to which it
applies have finished.
76 The nature of permit-to-work procedures will vary in their scope

depending on the job, and the risks. A permit-to-work system is unlikely to be
needed where, for example:
(a) the assessed risks are low and can be controlled easily; and
(b) the system of work is very simple; and
(c) you know that other work activities being carried out cannot affect safe
working in the confined space.
If an assessed risk is subsequently eliminated entirely, and there is no

foreseeable chance of it recurring, you can consider giving unrestricted entry
provided the above conditions apply.
21
ACOP 77 The decision not to adopt a permit-to-work system should be
taken by a competent person (see paragraph 22(b)), where necessary
following consultation with specialists, and bearing in mind the
findings of the risk assessment (see paragraphs 20-2 7) and the need to
ensure a safe system of work (see paragraphs 35-74).
78 Useful information relating to the general preparation and application of

permits-to-work can be found in the Oil Industry Advisory Committee guidance
booklet Permit to work systems in the petroleum industry (see Appendix 3).
ACOP Suitability for work in confined spaces
79 The competent person carrying out the risk assessment (see

paragraph 22(b)) for work in confined spaces will need to consider the
suitability of individuals in view of the particular work to be done (see
paragraph 38). Where the risk assessment highlights exceptional
constraints from the physical layout, the competent person may need to
check that individuals are of suitable build. This may be necessary to
protect both the individual and others who could be affected by the
work to be done. The competent person may need to consider other
factors about an individual, for example, concerning claustrophobia or
fitness to wear breathing apparatus, and medical advice on an
individual's suitability for the work may be needed.
EMERGENCY PROCEDURES
Regulation S Emergency arrangements

Re eula ho n (1) Without prejudice to regulation 4 of these Regulations, no person at
work shall enter or carry out work in a confined space unless there have been prepared
in respect of that confined space suitable and sufficient arrangements for the rescue of
persons in the event of an emergency, whether or not arising out of a specified risk.
(2) Without prejudice to the generality of paragraph (1) above, the

arrangements referred to in that paragraph shall not be suitable and sufficient unless -
(a) they reduce, so far as is reasonably practicable, the risks to the health and
safety of any person required to put the arrangements for rescue into
operation; and
(b) they require, where the need for resuscitation of any person is a likely
consequence of a relevant specified risk, the provision and maintenance of
such equipment as is necessary to enable resuscitation procedures to be
carried out.
(3) Whenever there arises any circumstance to which the arrangements

referred to in paragraph (1) above relate, those arrangements, or the relevant part or
parts of those arrangements, shall immediately be put into operation.
ACOP 80 Arrangements for emergency rescue will depend on the nature of
the confined space, the risks identified and the likely nature of an
emergency rescue. Account needs to be taken not only of accidents
arising from a specified risk, but also any other accident in which a
person needs to be recovered from a confined space, for example,
22
ACOP incapacitation following a fall. To be suitable and sufficient the
arrangements for rescue and resuscitation should include consideration
of:
Paragraph
Rescue and resuscitation equipment 81-84
Raising the alarm and rescue 85
Safeguarding the rescuers 86
Fire safety 87-88

Control of plant 89
First aid 90
Public emergency services 91
Training 92
Rescue and resuscitation equipment

81 Rescue equipment provided should be appropriate in view of the
likely emergencies identified in the risk assessment, and should be
properly maintained. If resuscitation has been identified as a likely
consequence, provision will need to be made for appropriate training to
enable resuscitation procedures to be carried out (see paragraph 92),
and this may include use of appropriate resuscitation equipment (see
paragraph 84). In determining if resuscitation is likely to be needed,
consideration should be given to experience gained from knowledge of
previous incidents.
82 Rescue equipment will often include lifelines and lifting
equipment (since even the strongest person is unlikely to be able to lift
or handle an unconscious person on their own using only a rope),
additional sets of breathing apparatus (see paragraph 99) and first aid
equipment.
83 'Self-rescue 'equipment (see paragraph 100), may be appropriate for use
in situations where there will be time to react to an anticipated emergency
situation, for example, smoke logging in tunnels or reacting to atmospheric
monitoring devices. They should be made available only where the type
provided is suitable for the hazard expected in the emergency situation. They
are not a substitute for respiratory protective equipment (see paragraph 99).
ACOP 84 Resuscitation procedures include respiratory and circulatory
resuscitation procedures. These are simple procedures that most
people would be capable of carrying out provided they have been
trained. Training and refresher training are essential since the speed
with which resuscitation is started is often as important as how well it is
done. Ancillary equipment may be needed for oral resuscitation: these
avoid direct contact between the mouths of the victim and rescuer, for
example, by using special tubes and mouthpieces. However, if
resuscitation is needed as a result of exposure to toxic gases, oral
methods are not appropriate since they could put the rescuer at risk. In
some cases equipment for artificial respiration as a follow-up to, or in
place of, oral resuscitation is appropriate. This equipment should only
be operated by someone with the necessary specialist training, or it can
be kept available, properly maintained, on site for use by a person
providing professional medical help.
23
ACOP Raising the alarm and rescue
85 There should be measures to enable those in the confined space to

communicate to others outside the space who can initiate rescue
procedures or summon help in an emergency. The emergency can be
communicated in a number of ways, for example by the tug of a rope,
by radio or by means of a 'lone worker' alarm. Whatever the system it
should be reliable and tested frequently. Exceptionally, if justified on
grounds of risk or from knowledge of previous incidents involving
similar work, one or more people dedicated to the rescue role, and
outside the confined space will be required to keep those inside in
constant direct visual sight in case of emergency.
Safeguarding the rescuers
86 Multiple fatalities have occurred when rescuers have been

overcome by the same conditions that have affected the people they
have tried to rescue. To prevent this, it is essential that those who have
been assigned a rescue role, for example, members of an in-house or
works rescue team (see paragraph 92) are themselves protected against
the cause of the emergency. The precautions necessary to protect the
rescuers should be considered during the risk assessment, and
adequate provisions made when preparing suitable and sufficient
emergency arrangements.
Fire safety
87 Advice on fire safety precautions and measures may be obtained
from the local fire service. Inert gas flooding of the confined space must
not take place when people are within the space.
88 Where there is a risk of fire, appropriate fire extinguishers may need to be

kept in the confined space at the entry point. In some situations, a sprinkler
system may be appropriate. In the event of a fire, the local fire service should
be called in case the fire cannot be contained or extinguished. Care is needed
when deciding whether or not the ventilation system should be kept working or
switched off because either course may affect the chances of escape or rescue.
Continued use of the ventilation system may also affect the development of the
fire, because forced air may fan the flames.
Control of plant
89 There may be a need to shut down adjacent or nearby plant before

attempting an emergency rescue, either because the plant could be the cause of
the emergency or safe entry cannot be gained without the plant being shut
down.
First aid
90 Appropriate first aid equipment should be provided and available for

emergencies and provide first aid until professional medical help arrives. First
aiders should be trained to deal with the foreseeable injuries.
Public emergency services
91 In some circumstances, for example where there are prolonged operations

in confined spaces and the risks justify it, there may be advantage in prior
notification to the local emergency services (eg local Fire or Ambulance
Service) before the work is undertaken. If such notification is thought
24
necessary, the emergency services should be consulted and confirmation
obtained about the information they would find useful. In all cases, however,
arrangements must be in place for the rapid notification of the emergency
services should an accident occur. On arrival, the emergency services should be
given all known information about the conditions and risks of entering andlor
leaving the confined space before entering it to attempt a rescue. This
information is then available at the scene of an incident where a necessarily
dynamic risk assessment by the local emergency services can be undertaken.
Training
92 Those likely to be involved in any emergency rescue should be trained for
that purpose. The training needs for each individual will vary according to their
designated role. It is important that refresher training is organised and available
on a regular basis, for example annually. Training should include the following,
where appropriate:
(a) the likely causes of an emergency;
(b) use of rescue equipment, eg breathing apparatus, lifelines, and where

necessary a knowledge of its construction and working;
(c) the check procedures to be followed when donning and using apparatus;
(d) checking of correct functioning and/or testing of emergency equipment

(for immediate use and to enable specific periodic maintenance checks);
(e) identifying defects and dealing with malfunctions and failures of

equipment during use;
(f) works, site or other local emergency procedures including the initiation of
an emergency response;
(g) instruction on how to shut down relevant process plant as appropriate

(this knowledge would be required by anyone likely to perform a rescue);
(h) resuscitation procedures and, where appropriate, the correct use of

relevant ancillary equipment and any resuscitation equipment provided (if
intended to be operated by those receiving emergency rescue training);
(i) emergency first aid and the use of the first aid equipment provided;
(j) use of fire-fighting equipment;
(k) liaison with local emergency services in the event of an incident, providing
relevant information about conditions and risks, and providing
appropriate space and facilities to enable the emergency services to carry
out their tasks; and
(1) rescue techniques including regular and periodic rehearsals/exercises.

This could include the use of a full-weight dummy. Training should be
realistic and not just drill based, and should relate to practice and
familiarity with equipment.
Further details on training are covered in paragraphs 113-116.
25
PLANT AND EQUIPMENT
Legal duties in respect of plant and equipment for use in confined
spaces are set out in Appendix 1, which is part of this Code
Size of openings to enable safe access to and egress from confined
spaces
93 Experience has shown that the minimum size of an opening to allow
access with full rescue facilities including self-contained breathing apparatus is
575 mm diameter. This size should normally be used for new plant, although
the openings for some confined spaces may need to be larger depending on the
circumstances, for example, to take account of a fully equipped employee, or
the nature of the opening.
94 Existing plant may have narrower openings. It will therefore be necessary

to check that a person wearing suitable equipment can safely and readily pass
through such openings. Choice of airline breathing apparatus in such cases
offers a more compact alternative to bulkier self-contained apparatus. Examples
of plant where there are narrower openings include rail tank wagons and tank
containers where an opening of 500 mm diameter is common, and in road
tankers where the recognised size is 410 mm. Even smaller openings can be
found in the highly specialised nature of access to certain parts of aircraft, such
as to fuel tanks in wings. Precautions need to take account of such special cases.
95 The size and number of access and egress points should be assessed
individually dependent upon the activities being carried out and the number of
people involved. Large-scale evacuations may need larger routes and openings
to prevent them becoming bottlenecks. Top openings to vessels, tanks etc
should be avoided due to difficulty of access and rescue. Bottom or low
manholes are preferable and may need access platforms. There may be
occasions when access and egress is so tortuous, for example, in the double
bottom of a ship, that temporary openings may be needed.
96 Different criteria apply when the critical entry dimensions extend over a
significant length or height, as in the case of sewers, pipes, culverts, small
tunnels and shafts. For example, it is recommended that people should not
normally enter sewers of dimensions smaller than 0.9 m high by 0.6 m wide.
Even this 'minimum size' may in certain circumstances be too small for
reliance on a safe system of work alone. Additional measures may be needed,
for example if there is a long distance between access points or the siting of the
sewer invert, structural alterations to improve access may be appropriate. In the
case of a shaft containing a ladder or step irons, 900 mm clear space is
recommended between the ladder/steps and the back of the shaft. The spacing
of manholes on sewers, or in the case of large gas mains etc, the absence of
such access over considerable lengths may affect both the degree of natural
ventilation and the ease with which people can be rescued.
97 Further guidance on appropriate recognised standards relevant to

manholes and other confmed spaces is contained in Appendix 2.
98 Practice drills including emergency rescues will help to check that the size
of openings and entry procedures are satisfactory.
ACOP Respiratory protective equipment

99 Where respiratory protective equipment (RPE) is provided or
used in connection with confined space entry or for emergency or
26
rescue, it should be suitable for the purpose for which it is intended, Ic
correctly selected and matched both to the job and the wearer. RPE
will not normally be suitable unless it is breathing apparatus. For most
cases breathing apparatus would provide the standard of protection for
entry into confined spaces. Any RPE should comply with the Personal
Protective Equipment (EC Directive) Regulations 1992 (displaying a
'CE mark'), or, where these provisions are not appropriate, be of a
standard or to a type approved by HSE.
100 Where the intention is to provide emergency breathing apparatus to ensure

safe egress or escape, or for self-rescue in case of emergency, the type commonly
called an 'escape breathing apparatus' or 'self-rescuer' (escape set) may be
suitable. These types are intended to allow the user time to exit the hazard area.
They are generally carried by the user or stationed inside the confined space, but
are not used until needed. This equipment usually has a breathable supply of
only short duration and provides limited protection to allow the user to move to
a place of safety or refuge. This type of equipment is not suitable for normal
work. Examples of emergency breathing apparatus or self-rescuers include:
(a) the rebreathable type which consists of a tube and mouthpiece;
(b) the 'escape set' which consists of a cylinder-fed positive pressure face
mask or hood.
101 RPE of the canister respirator or cartridge type is not appropriate for
entry into or work in most confined spaces. However, this type of equipment
may have a role if account is taken of its limitations and where the risk is of
exposure to low concentrations of hazardous contaminants. Such equipment
does not protect against the risk of being overcome - for example, it does not
provide adequate protection against high concentrations of gases and vapours -
and should never be used in oxygen-deficient atmospheres. Canister or
cartridge respirators also have a limited duration, in some cases about 15
minutes, which should be checked against the equipment supplier's
recommendations. It is also important to check that they are still within their
useable shelf-life.
102 In some circumstances entry without the continuous wearing of breathing

apparatus may be possible. Several conditions must be satisfied to allow work
in confined spaces without respiratory protective equipment:
• a risk assessment must be done and a safe system of work in place

including all required controls, for example, thorough and continuous
general ventilation;
• any airborne contamination must be of a generally non-toxic nature, or

present in very low concentrations well below the relevant occupational
exposure limits;
• the level of oxygen needs to be adequate (see paragraph 27(a) on oxygen

deficiency and oxygen enrichment).
Other equipment
103 Ropes, harnesses, fall arrest gear, lifelines, first aid equipment,
protective clothing and other special equipment provided or used for,
or in connection with, confined space entry or, in case of emergency
rescue or resuscitation, should be suitable for the purposes for which
they are intended, and account taken of appropriate recognised
standards where these exist.
27
ACOP 104 When a safety harness and line are used, it is essential that the free
end of the line is secured so that it can be used as part of the rescue
procedure. In most cases the line should be secured outside the entry to
the confined space. The harness and line should be adjusted and worn so
that the wearer can be safely drawn through any manhole or opening.
Lifting equipment may be necessary for this purpose. An appropriate
harness fitted to the line should be of suitable construction, and made of
suitable material to recognised standards capable of withstanding both
the strain likely to be imposed, and attack from chemicals.
Maintenance of equipment
105 All equipment provided or used for the purposes of securing the
health and safety of people in connection with confined space entry or
for emergency or rescue, should be maintained in an efficient state, in
efficient working order and in good repair. This should include periodic
examination and testing as necessary. Some types of equipment, for
example breathing apparatus, should be inspected each time before
use.
106 The manufacturer or supplier's instructions will often provide advice on
the frequency and type of examination.
Examination of equipment
107 The examination of RPE and resuscitating apparatus normally will
comprise a thorough visual examination of all parts of the respirator, breathing
or resuscitating apparatus, looking particularly at the integrity of the straps,
facepieces, filters and valves. Any defects discovered by the examination, and
which would undermine safe operation, should be remedied before further use.
108 The examination of ropes, harnesses, lifelines, protective clothing, and

other special equipment normally will consist of a thorough visual examination
of all their parts for deterioration or damage, in particular of those parts that
are load-bearing. Examinations should be carried out regularly. In the case of
protective clothing that is used only occasionally or where the conditions of use
are unlikely to damage it, the interval between examinations may be greater.
109 Atmospheric monitoring equipment and special ventilating or other

equipment provided or used in connection with confined space entry needs to
be properly maintained. It should be examined thoroughly, and where
necessary calibrated and checked in accordance with the intervals and
recommendations accompanying the equipment or, if these are not specified, at
such intervals considered suitable. The manufacturer's instructions, where they
are available, are also relevant. Keep reports of all thorough examinations and
records of calibration.
Test certificates and examination records
110 Properly supplied equipment used for lifting, such as ropes, harnesses,
lifelines, rings, shackles, carabiners etc will have a certificate of test and safe
working load when purchased. It is important to ensure they are not further
tested (as this could weaken them). If they become damaged, they should be
scrapped. Failing that, they should be returned to the manufacturer or other
competent repairer who can carry out the necessary remedial work and supply
a new certificate of test and safe working load for the repaired equipment.
111 The record of each thorough examination and test of equipment will
normally include:
28
(a) the name and address of the employer or other person responsible for the
equipment;
(b) particulars of the equipment and of the distinguishing number or mark,

together with a description sufficient to identify it, and the name of the
maker;
(c) the date of the examination and the name and signature of the person
carrying out the examination and test;
(d) the condition of the equipment and particulars of any defect found;
(e) in the case of RPE and resuscitating apparatus incorporating compressed

gas cylinders or electric motors, tests of the condition and efficiency of
those parts, including tests of the pressure of oxygen or air in the supply
cylinder;
(I) in the case of airline-fed RPE, the volume, flow and quality of the air.
Where this is supplied from a mobile compressor the test should normally
be made immediately before the first use of RPE in any new location;
(g) a brief description of any remedial action taken.
112 Records of the examination and tests of equipment should normally be

kept for at least 5 years. The records may be in any suitable format and may
consist of a suitable summary of the reports. Records need to be kept readily
available for inspection by the employees, their representatives, or by inspectors
appointed by the relevant enforcing authority or by employment medical
advisers.
TRAINING
Health and Safety at Work etc Act 1974, section 2(2) (c)
(see Appendix 1)
ACOP 113 Employers are required to provide such information, instruction,
training and supervision as is necessary to ensure the health and safety
at work of employees. Specific training for work in confined spaces will
depend on an individual's previous experience and the type of work
they will be doing. It is likely that this training will need to cover:
(a) an awareness of the Confined Spaces Regulations and in particular

the need to avoid entry to a confined space, unless it is not
reasonably practicable to do so, in accordance with
regulation 4(1);
(b) an understanding of the work to be undertaken, the hazards, and
the necessary precautions;
(c) an understanding of safe systems of work, with particular
reference to 'permits-to-work' where appropriate;
(d) how emergencies arise, the need to follow prepared emergency
arrangements (see paragraph 80), and the dangers of not doing so.
Guidance 114 Training should also take into account the practical use of safety features
and equipment, the identification of defects and, where appropriate, it should
29
involve demonstrations and practical exercises. It is important that trainees are
familiar with both equipment and procedures before working for the first time
in confined spaces.
115 Practical refresher training should be organised and available. The

frequency with which refresher training is provided will depend upon how long
since the type of work was last done, or if there have been changes to methods
of work, safety procedures or equipment.
116 Training in specific safety features may include any or all of the following:
(a) use of atmospheric testing equipment, and the action to take depending
on the readings;
(b) use of breathing apparatus and escape sets (self-rescuers), their

maintenance, cleaning and storage;
(c) use of other items of personal protective equipment;
(d) instruction in the communication methods to be used whilst in the

confined space.
Training in emergency rescue procedures is covered in paragraph 92.
Regulation 6 Exemption certificates

l'L gulti (1) Subject to paragraph (2) below, the Health and Safety Executive may,
by a certificate in writing, exempt -
(a) any person or class of persons; or
(b) any type or class of confined space,
from the application of any of the requirements or prohibitions imposed by these

Regulations, and any such exemption may be granted subject to conditions and to a
limit of time and may be revoked at any time by the said Executive by a further
certificate in writing.
(2) The Executive shall not grant any such exemption unless, having regard
to the circumstances of the case, and in particular to -
(a) the conditions, if any, which it proposes to attach to the exemption; and
(b) any other requirements imposed by or under any enactments which apply
to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the
exemption will not be prejudiced in consequence of it.
Regulation 7 Defence in proceedings

Re gulati o (1) In any proceedings for an offence for a contravention of regulation 5(3) of
these Regulations it shall be a defence for that person charged to prove -
30
(a) that the contravention was due to the act or default of another person not
being one of his employees (hereinafter called "the other person '9; and
(b) that he took all reasonable precautions and exercised all due diligence to
avoid the contravention.
(2) The person charged shall not, without leave of the court, be entitled to rely
on the defence referred to in paragraph (1) above unless, within a period ending seven
clear days -
(a) before the hearing to determine mode of trial, where the proceedings are in
England or Wales; or
(b) before the trial, where the proceedings are in Scotland,
he has served on the prosecutor a notice in writing giving such information identifying
or assisting in the identification of the other person as was then in his possession.
(3) Where a contravention of the provision referred to in paragraph (1) above

by any person is due to the act or default of some other person, that other person shall
be guilty of the offence which would, but for any defence under this regulation
_____________________ available to the first-mentioned person, be constituted by the act or default.
Regulation 9 Repeal and revocations

Regulation U) Section 30 of the Factories Act 1961(a) is hereby repealed.
(2) The instruments set out in column 1 of the Schedule to these Regulations
are hereby revoked to the extent shown in column 3 of the said Schedule.
(a) 1961 c.34; section 30 was amended by SI 1983/978.
31
Schedule. Revocation
Scheduk Reguladon 9
(1) (2) (3)

Instrument revoked Reference Extent of revocation
Shipbuilding and Ship-repairing SI 1960/1932; Regulations 48 to 52

Regulations 1960 relevant amending and 54
instruments are
SI 1989/635 and
SI 1992/2966
The Shipbuilding (Reports on Breathing SI 1961/1 14 The whole Order

Apparatus, etc.) Order 1961
The Breathing Apparatus, etc. (Report SI 1961/1345 The whole Order

on Examination) Order 1961
The Agriculture (Poisonous Substances) S11975/45 The whole Regulations

Act 1952 (Repeals and Modifications)
Regulations 1975
The Kiers Regulations 1938 SI 1981/1152 The whole Regulations

(Metrication) Regulations 1981
The Docks Regulations 1988 SI 1988/1655 Regulation 18
32
Appendix 1 Relevant general health and safety law
Management of Health and Safety at Work Regulations 1992
Regulation 3 Risk assessment

Regulation (1) Every employer shall make a suitable and sufficient assessment of-
(a) the risks to the health and safety of his employees to which they are
exposed whilst they are at work; and
(b) the risks to the health and safety of persons not in his employment arising
out of or in connection with the conduct by him of his undertaking,
for the purpose of identifying the measures he needs to take to comply with the
requirements and prohibitions imposed upon him by or under the relevant statutory
provisions.
(2) Every self-employed person shall make a suitable and sufficient

assessment of-
(a) the risks to his own health and safety to which he is exposed whilst he is at
work; and
(b) the risks to the health and safety of persons not in his employment arising
out of or in connection with the conduct by him of his undertaking,
for the purpose of identifying the measures he needs to take to comply with the
requirements and prohibitions imposed upon him by or under the relevant statutory
provisions.
(3) Any assessment such as is referred to in paragraph (1) or (2) shall be

reviewed by the employer or self-employed person who made it f-
(a) there is reason to suspect that it is no longer valid; or
(b) there has been a significant change in the matters to which it relates;
and where as a result of any such review changes to an assessment are required, the
employer or self-employed person concerned shall make them.
(4) Where the employer employs five or more employees, he shall record -
(a) the significant findings of the assessment; and
(b) any group of his employees identified by it as being especially at risk.
Regulation 6 Health and safety assistance

Regulation (1) Every employer shall, subject to paragraphs (6) and (7), appoint one or
more competent persons to assist him in undertaking the measures he needs to take to
comply with the requirements and prohibitions imposed upon him by or under the
relevant statutory provisions.
33
Rc (2) Where an employer appoints persons in accordance with paragraph (1),
he shall make arrangements for ensuring adequate co-operation between them.
(3) The employer shall ensure that the number of persons appointed under
paragraph (1), the time available for them to fulfil their functions and the means at
their disposal are adequate having regard to the size of his undertaking, the risks to
which his employees are exposed and the distribution of those risks throughout the
undertaking.
(4) The employer shall ensure that -
(a) any person appointed by him in accordance with paragraph (1) who is
not in his employment -
(i) is informed of the factors known by him to affect, or suspected by

him of affecting, the health and safety of any other person who may
be affected by the conduct of his undertaking, and
(ii) has access to the information referred to in regulation 8; and
(b) any person appointed by him in accordance with paragraph (1) is given
such information about any person working in his undertaking who is -
(i) employed by him under a fixed-term contract of employment, or
(ii) employed in an employment business,
as is necessary to enable that person properly to carry out the function specified in that
paragraph.
(5) A person shall be regarded as competent for the purposes of paragraph (1)
where he has sufficient training and experience or knowledge and other qualities to
enable him properly to assist in undertaking the measures referred to in that
paragraph.
(6) Paragraph (1) shall not apply to a self-employed employer who is not in
partnership with any other person where he has sufficient training and experience or
knowledge and other qualities properly to undertake the measures referred to in that
paragraph himself.
(7) Paragraph (1) shall not apply to individuals who are employers and who
are together carrying on business in partnership where at least one of the individuals
concerned has sufficient training and experience or knowledge and other qualities -
(a) properly to undertake the measures he needs to take to comply with the
requirements and prohibitions imposed upon him by or under the relevant
statutory provisions; and
(1') properly to assist his fellow partners in undertaking the measures they need
to take to comply with the requirements and prohibitions imposed upon
them by or under the relevant statutory provisions.
34
Health and Safety at Work etc Act 1974
Section 2 General duties of employers to their employees

(1) It shall be the duty of every employer to ensure, so far as is reasonably
practicable, the health, safety and welfare at work of all his employees.
(2) Without prejudice to the generality of an employer's duty under the

preceding subsection, the matters to which that duty extends include in particular -
(c) the provision of such information, instruction, training and supervision as

is necessary to ensure, so far as is reasonably practicable, the health and
safety at work of his employees.
Section 6 General duties of manufacturers etc as regards

articles and substances for use at work
(1) It shall be the duty of any person who designs, manufactures, imports or
supplies any article for use at work -
(a) to ensure, so far as is reasonably practicable, that the article is designed

and constructed that it will be safe and without risks to health at all times
when it is being set, used, cleaned or maintained by a person at work;
(b) to carry out or arrange for the carrying out of such testing and
examination as may be necessary for the performance of the duty imposed
on him by the preceding paragraph;
(c) to take such steps as are necessary to secure that persons supplied by that
person with the article are provided with adequate information about the
use for which the article is designed or has been tested and about
any conditions necessary to ensure that it will be safe and without risks to
health at all such times as are mentioned in paragraph (a) above and
when it is being dismantled or disposed of; and
(d) to take such steps as are necessary to secure, so far as is reasonably

practicable, that persons so supplied are provided with all such revisions of
information provided to them by virtue of the preceding paragraph as are
necessary by reason of its becoming known that anything gives rise to a
____________________ serious risk to health or safety.
Personal Protective Equipment at Work Regulations 1992
Regulation 4- Provision of personal protective equipment

(1) Every employer shall ensure that suitable personal protective equipment is
provided to his employees who may be exposed to a risk to their health or safety while
at work except where and to the extent that such risk has been adequately controlled
by other means which are equally or more effective.
(2) Every self-employed person shall ensure that he is provided with suitable
personal protective equipment where he may be exposed to a risk to his health or safety
while at work except where and to the extent that such risk has been adequately
controlled by other means which are equally or more effective.
35
i I (3) Without prejudice to the generality of paragraphs (1) and (2), personal
protective equipment shall not be suitable unless -
(a) it is appropriate for the risk or risks involved and the conditions at the
place where exposure to the risk may occur;
(b) it takes account of ergonomic requirements and the state of health of the
person or persons who may wear it;
(c) it is capable of fitting the wearer correctly, if necessary, after adjustments

within the range for which it is designed;
(d) so far as is practicable, it is effective to prevent or adequately control the

risk or risks involved without increasing overall risk;
(e) it complies with any enactment (whether in an Act or instrument) which

implements in Great Britain any provision on design or manufacture with
respect to health or safety in any relevant Community directive listed in
Schedule 1 which is applicable to that item of personal protective
equipment.
Regulation 7 Maintenance and replacement of personal

protective equipment
Rcu1 ati 0 t (1) Every employer shall ensure that any personal protective equipment
provided to his employees is maintained (including replaced or cleaned as appropriate)
in an efficient state, in efficient working order and in good repair.
(2) Every self-employed person shall ensure that any personal protective
equipment provided to him is maintained (including replaced or cleaned as
appropriate) in an efficient state, in efficient working order and in good repair.
Control of Substances Hazardous to Health Regulations 1994
Regulation 7 Prevention or control of exposure to substances

hazardous to health
Regulati (5) Any personal protective equipment provided by an employer in pursuance
of this regulation shall comply with any enactment (whether in an Act or instrument)
which implements in Great Britain any provision on design or manufacture with
respect to health or safety in any relevant Community directive listed in Schedule 1 to
the Personal Protective Equipment at Work Regulations 1992 which is applicable to
that item of personal protective equipment.
(8) Where respiratory protective equipment is provided in pursuance of this

regulation, than it shall -
(a) be suitable for the purpose; and
(b) comply with paragraph (5) or, where no requirement is imposed by virtue
of that paragraph, be of a type approved or shall conform to a standard
approved, in either case, by the Executive.
36
Provision and Use of Work Equipment Regulations 1992
Regulation S Suitability of work equipment

1c gu Ia tit pU (1) Every employer shall ensure that work equipment is so constructed or
adapted as to be suitable for the purpose for which it is used or provided.
(2) In selecting work equipment, every employer shall have regard to the
working conditions and to the risks to the health and safety of persons which exist in
the premises or undertaking in which that work equipment is to be used and any
additional risk posed by the use of that work equipment.
(3) Every employer shall ensure that work equipment is used only for
operations for which, and under conditions for which, it is suitable.
(4) In this regulation "suitable" means suitable in any respect which it is

reasonably foreseeable will affect the health or safety of any person.
Regulation 6 Maintenance
Regulation (1) Every employer shall ensure that work equipment is maintained in an
efficient state, in efficient working order and in good repair.
37
AppendIx 2 Standards relevant to manholes and other access
to confined spaces
The following Standards are relevant:
• BS 8007:1987 Design of concrete structures for retaining aqueous fluids. Code

of practice. Minimum openings specified as 600 mm x 900 mm;
• Silos UK: Draft design code for silos, bins, bunkers and hoppers, published by
BSI in association with the British Materials Handling Board, gives the
minimum as 600 mm x 600 mm;
• BS 5502: Part 50 1993: Code of practice for design, construction and use of
storage tanks and reception pits for livestock slurry gives access hatches etc as
not less than 600 mm x 600 mm;
• BS 8005: Sewerage Part 1 1987 Guide to new sewerage construction gives the
minimum clear opening dimension for manholes for drainage purposes as
600 mm x 600 mm for sewers less than 1 m diameter, except for very
shallow manholes where this dimension may be 550 mm;
• BS ISO 9669:1990 Series 1 freight containers. Interface connections for tank

containers.
38
Appendix 3 References and further guidance
A guide to the Health and Safety at Work etc Act 1974 5th ed Li HSE Books
1992 ISBN 0 7176 0441 1
Management of health and safety at work Approved Code of Practice L2 1

HSE Books 1992 ISBN 0 7176 0412 8
Workplace health, safety and welfare Approved Code of Practice and guidance on
regulations L24 HSE Books 1992 ISBN 0 7176 0413 6
Work equipment Guidance on regulations L22 HSE Books 1992

ISBN 0 7176 0414 4
Personal protective equipment at work Guidance on regulations L25 HSE Books

1992 ISBN 071760415 2
Memorandum of Guidance on the Electricity at Work Regulations 1989 HSR25

HSE Books 1989 ISBN 0 11 883963 2
Diving operations at work Guidance on regulations (Regulations and guidance

currently being revised)
The management and administration of safety and health at mines. Management

and Administration of Safety and Health at Mines Regulations 1993 Approved
Code of Practice L44 HSE Books 1993 ISBN 0 7176 0618 X
General COSHH ACOP (control of substances hazardous to health) and carcinogens

ACOP (control of carconogenic substances) and biological agents ACOP (control of
biological agents) Control of Substances Hazardous to Health Regulations 1994
Approved Code of Practice L5 HSE Books 1997 ISBN 0 7176 1308 9
Noise at work: noise assessment, information and control. Noise guides 3-8 HSG56
HSE Books 1990 ISBN 0 11 885430 5
The control of asbestos at work Approved Code of Practice 2nd ed L27 HSE
Books 1993 ISBN 0 11 882037 0
The control of lead at work Approved Code of Practice 2nd rev ed COP2 HSE
Books 1996 ISBN 0 7176 1046 2 (currently being revised)
The protection of persons against ionising radiation arising from any work activity
Approved Code of Practice L58 HSE Books 1985 ISBN 0 7176 0508 6
A framework for the restriction of occupational exposure to ionising radiation HSG9 1

HSE Books 1992 ISBN 0 11 886324 X
Managing construction for health and safety Approved Code of Practice L54
HSE Books 1995 ISBN 0 7176 0792 5
Respiratory protective equipment Legislative requirements and lists of HSE approved

standards and type approved equipment 4th ed HSE Books 1995
ISBN 0 7176 1036 5 (Many of the items included will be superseded by items
bearing the CE marking)
Respiratory protective
equipment: a practical guide for users HSG53 HSE Books
1990 ISBNO 118855220
39
First aid at work Approved Code of Practice and guidance L74 HSE Books
1997 ISBN 0 7176 1050 0
A guide to information, instruction and training 1NDG235 HSE Books 1996

Free from HSE Books
S steps to information, instruction and training INDG2 13 HSE Books 1996

Free from HSE Books
Guidance on permit-to-work systems in the petroleum industry Oil Industry

Advisory Committee guidance booklet 3rd ed HSE Books 1997
ISBN 0 7176 1281 3
Health and Safety (Safety Signs and Signals) Regulations 1996 SI 1996/341
HSE Books 1996 ISBN 0 11 054093 X
Safety signs and signals Guidance on regulations L64 HSE Books 1996
ISBN 0 7176 08700
The future availabilty and currency of the references listed in this publication
cannot be guaranteed.
40
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in original
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in original
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in original
Printed and published by the Health and Safety Executive Cl 00 9/97
44
HSE
BOOKS
MAIL ORDER
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publications are
available from:
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P0 Box 1999
Sudbury
Suffolk C010 6FS
Tel: 01787 881165
Fax: 01787 313995
RETAIL
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are available from
good booksellers
HEALTH AND SAFETY ENQUIRIES

HSE InfoLine
Tel: 0541 545500
or write to:
HSE Information Centre
Broad Lane
Sheffield S3 7H0
HSE home page on the World Wide Web:

http://www.open.gov.uklhse/hsehome.htm
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HSC

Health & Safety

Safe work in confined spaces

Confined Spaces Regulations 1997

First published 1997

ISBN 0 7176 1405 0

All rights reserved. No part of this publication may

This Code has been approved by the Health and

This Approved Code of Practice also contains

MEANING OF 'CONFINED SPACE' 1

The Code of Practice is approved for the purposes of providing practical

Reference in this Code of Practice to another document does not imply

2 This publication contains an Approved Code of Practice (ACOP) and

3 In this publication, the Confined Spaces Regulations 1997 are shown in

MEANING OF 'CONFINED SPACE'

Regulation 1 Citation, commencement and interpretation

(2) In these Regulations, unless the context otherwise requires —

________________________ (a) Si 1981/399; relevant amending instrument is SI 1990/996.

"specified risk" means a risk of -

(b) without prejudice to paragraph (a) -

(i) the loss of consciousness of any person at work arising from an

(ii) the loss of consciousness or asphyxiation of any person at work

"system of work" includes the provision of suitable equipment which is in good

5 Under these regulations a 'confined space' has two defining features.

8 In addition to the places referred to in regulation 1(2), the expression

• Flammable substances and oxygen enrichnent

• Toxic gas, fIme or vapour

• The ingress or presence of liquids

• Solid materials which can flow

• Presence of excessive heat

10 Other hazards can be found when entering or working in confined spaces

11 Specific regulations and supporting guidance already deal with many of

• Electricity at Work Regulations 1989

• Provision and Use of Work Equipment Regulations 1992

• Noise at Work Regulations 1989

• Workplace (Health, Safety and Welfare) Regulations 1992

• Control of Asbestos at Work Regulations 1987.

APPLICATION OF THE REGULATIONS

Regulation 2 Disapplication of Regulations

(b) any place below ground in a mine; or

Regulation S Extension outside Great Britain

ACOP 13 Where an operation involves a ship's crew and shoreside workers

15 When entering compression chambers or diving bells provided for

16 The Regulations also extend outside Great Britain in a limited number of

ACOP 17 Offshore installations are not specifically covered by the Confined

DUTIES UNDER THE REGULATIONS

Regulation 3 Persons upon whom duties are imposed by these

(a) ensure compliance with the provisions of these Regulations in respect of

(b) ensure compliance, so far as is reasonably practicable, with the provisions

(2) Every self-employed person shall -

(b) ensure compliance, so far as is reasonably practicable, with the provisions

• employers in respect of work carried out by their own employees

• the self-employed in respect of their own work and work carried

ACOP 22 (a) If it is not reasonably practicable to prevent work in a

23 Where a number of confined spaces (eg sewers or manholes) are

25 Employees and their representatives should be consulted when assessing

26 Give particular attention to situations where the work circumstances are

ACOP Factors to be assessed

Contamination may arise from adjacent plant,