stand-by person means a competent person who: (a) is assigned to remain on the outside of, and in close proximity

to, a confined space; and (b) is able, if practicable, to observe each person in the confined space; and (c) is able, if practicable, to be in continuous communication with each person in the confined space; and (d) is able to initiate rescue procedures for persons in the confined space; and (e) is able to operate and monitor equipment used to ensure safety during entry to, and the performance of work in, the confined space.

Confined Spaces Regulations and Code of Practice

What are the Objectives of the Regulations? The Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations for confined spaces took effect from 30 April 1996. The regulations have the following objectives: eliminate the need to enter confined spaces, or if that is impractical, eliminate the risk to persons who must enter the confined space, or if this is impractical, minimise the risk to persons who must enter the confined space.

What is a Confined Space? A confined space is an enclosed, or partly enclosed, space that is at atmospheric pressure while it is occupied, and that is not intended or designed to be the primary place of work. A confined space may also have: a restricted means of entry and exit, potentially harmful contaminated air, not enough or too much oxygen in the air, (>19.5% - <23.5%), only three (3) sides.

Risk Assessment A risk assessment must be undertaken by a competent person before the work first commences

in the confined space. If there is a need to enter a confined space before a risk assessment has been done, at least

one (1) stand-by person must remain at the entry point while it is occupied, with any appropriate emergency equipment that may be needed.

If the risk assessment indicates that there will be a risk to health or safety, no-one must enter

that space unless there is at least one (1) stand-by person outside. A generic risk assessment may be undertaken in relation to confined spaces that are of the

same kind, if the type of work and the hazards involved are identical. Manufacturers of Confined Spaces Must design the space to ensure that there is minimal need for people to enter it, and make sure that the entry and exit to the space are big enough to facilitate rescue of persons

inside, and that these openings are not obstructed in any way. Have a safe means of entry and exit. If the confined space is modified, it must not detrimentally

affect the safe entry or exit. Employers Must... Identify each confined space, and identify any hazards. Ensure that appropriate first aid and rescue procedures are established and rehearsed. Eliminate, or minimise any risk. If necessary, ensure that an employee does not enter the confined space without suitable

protective or respiratory equipment. The employer must provide this equipment, ensure that it is properly maintained, and make sure that this equipment is readily accessable to the employees. Give written approval to any employers that will enter the confined space by means of an entry

permit. This permit must specify any precautions and instructions appropriate to the area. Make sure that the employee understands the entry permit. Acknowledge, in writing, that work in the confined space has been completed and that all

persons have left the confined space before it is returned to normal use. If there are flammable contaminants in the confined space, it must be evacuated or contain a

flammable gas detector. Keep records of risk assessments for five (5) years, entry permits for three (3) years, and

training records for the period of employment. These records must be made available to the relevant employee or an investigator on request.
Hazard identification and risk assessment

(1) (a)

If work is to be carried out under the control of an employer, the employer must identify:

(b)

each confined space associated with the performance of the work; and any hazards associated with working in the confined space.

Penalty: (2)

10 penalty units.

If work that is to be carried out under the control of an employer involves entry to a confined space, the employer must ensure that a risk assessment is undertaken by a competent person before the work first commences. 10 penalty units.

Penalty: (3) (a) (b) (c) (d) (i) (ii) (iii) (e) (4) (a) (i) (ii) (iii) (b)

The risk assessment must include an assessment of the following matters: the nature of the confined space; the work that is to be carried out, including whether it is necessary to enter the confined space to carry out the work; the method by which the work may be carried out; the risks associated with: the method of work selected; and the plant to be used; and any potentially hazardous condition that may exist inside the confined space; the need for emergency and rescue procedures. The employer may undertake a generic risk assessment of confined spaces if: the risk assessment is carried out only in relation to spaces: that are of the same kind; and in which the same kind of work is carried out; and for which the risk factors are identical; and the risk assessment is designed to identify any differences in the condition or location of the confined spaces, or the work carried out in them, that could result in a change to the risk factors associated with working in the confined spaces; and it is not practicable for the employer to undertake a separate risk assessment for each of the confined spaces. The employer must ensure that a risk assessment is reviewed for each confined space identified in the assessment on each occasion that work carried out under the employer's control involves entry to the space.

(c) (5)

Penalty: (6) (a) (i) (ii) (iii)

10 penalty units.

For the purposes of subregulation (5), a generic review of risk assessments may be undertaken if: the review relates to confined spaces: that are of the same kind; and in which the same kind of work is carried out; and for which the risk factors are identical; and

(b) (7)

it is not practicable to undertake a separate review for each of the confined spaces. An employer to whom a risk assessment relates must ensure that the assessment is revised, before a person is allowed to enter a confined space to which the assessment applies, if the employer knows, or ought reasonably to know, of evidence that the assessment is no longer valid. 10 penalty units.

Penalty: (8)

If it is practicable to set out the risk assessment in writing before the work to which the assessment relates first commences, the employer must ensure that the risk assessment is set out in writing. Penalty: 10 penalty units.

Risk control

(1) If a risk assessment undertaken under subregulation 7.05 (2) (or a revised risk assessment) indicates a risk to health or safety arising from work involving entry to a confined space that is under the control of an employer, the employer must: eliminate the risk; or if it is not reasonably practicable to eliminate the risk, minimise the risk. Penalty: (1A) 10 penalty units.

(a) (b)

Strict liability applies to the physical element in subregulation (1) that the risk assessment is undertaken under subregulation 7.05 (2). For strict liability, see section 6.1 of the Criminal Code.

Note (2) (a) (b)

An employer must take all reasonably practicable steps to ensure that, before a person enters a confined space that is under the employer's control: the confined space has a safe oxygen level; and any atmospheric contaminant in the confined space is reduced to below the relevant exposure standard identified in the document entitled Exposure Standards for Atmospheric Contaminants in the Occupational Environment, published by Worksafe Australia; and the confined space is free from extremes of temperature; and the concentration of any flammable contaminant in the atmosphere of the confined space is less than 5% of the LEL of the contaminant; and

(c) (d) (e) (f) (i) (ii)

appropriate steps are taken to control any risk associated with the presence of any vermin; and all potentially hazardous services, including process services, normally connected to the confined space are positively isolated in order to prevent: the introduction of any material, contaminant, agent or condition harmful to a person in the confined space; and the activation or energising of any equipment or service which may pose a risk to the health or safety of a person in the confined space. 10 penalty units.

Penalty: (2A)

Strict liability applies to the physical element in paragraph (2) (b) that the exposure standard is identified in the document entitled Exposure Standards for Atmospheric Contaminants in the Occupational Environment, published by Worksafe Australia. Note (3) For strict liability, see section 6.1 of the Criminal Code.

If the atmospheric monitoring of a confined space is required to be carried out as a result of a risk assessment undertaken under subregulation 7.05 (2), the employer must ensure that the monitoring is carried out in a manner that is consistent with the risk assessment. 10 penalty units.

Penalty: (4)

If a confined space must be cleared of contaminants in order to comply with subregulation (1), the employer must ensure that: (a) (b) the contaminants are removed with the use of a suitable purging agent; and purging and ventilation are not carried out using pure oxygen, or a gas mixture which has oxygen in a concentration greater than 21% by volume. 10 penalty units.

Penalty: (5) (a) (b)

An employer must ensure that: before a person enters a confined space that is under the control of the employer; and while a person is in the confined space;

appropriate signs and, if reasonably practicable, protective barriers are erected to prevent persons who are not involved in work in or near the confined space from entering the area defined by the signs and barriers. Risk control provision of equipment

(1) An employer must ensure that a person does not enter a confined space if: (a) (b) (c) the confined space is under the control of the employer; and it is not reasonably practicable to provide a safe oxygen level in the confined space; and the person is not equipped with suitable personal protective equipment, including, if necessary airsupplied respiratory equipment. Penalty: 10 penalty units.

(2) An employer must ensure that a person does not enter a confined space if: (a) (b) (c)

the confined space is under the control of the employer; and atmospheric contaminants in the confined space cannot be reduced to safe levels; and the person is not equipped with suitable respiratory protective equipment. 10 penalty units.

Penalty: (3) (a)

If:

(b)

a need to enter a confined space that is under the control of an employer is identified; and an appropriate risk assessment is undertaken under subregulation 7.05 (2);

the employer must provide equipment that is readily accessible and appropriate to any hazard identified by the risk assessment. Penalty: (3A) 10 penalty units.

Strict liability applies to the physical element in paragraph (3) (b) that the risk assessment is undertaken under subregulation 7.05 (2). For strict liability, see section 6.1 of the Criminal Code.

Note (4) (a) (b)

If a need to enter a confined space that is under the control of an employer is identified before a risk assessment is undertaken under subregulation 7.05 (2), the employer must: ensure that no person enters the confined space without at least 1 stand-by person being present outside the space at the time of entry and at all times at which the space is occupied; and provide equipment that is readily accessible and appropriate to any hazard likely to be encountered in the confined space. 10 penalty units.

Penalty: (4A)

Strict liability applies to the physical element in subregulation (4) that the risk assessment is undertaken under subregulation 7.05 (2). For strict liability, see section 6.1 of the Criminal Code.

Note (5) (a) (b)

If an employer provides equipment under this Regulation, the employer must ensure that: the equipment is selected and, if necessary, fitted to suit the person who is to use it; and the equipment is maintained in a proper working condition. 10 penalty units.

Penalty: (6)

Strict liability applies to the physical element in subregulation (5) that the equipment is provided under this regulation. Note For strict liability, see section 6.1 of the Criminal Code.

Use of entry permits to control access to a confined space

(1) If an employer is satisfied that work in a confined space that is under the employer's control can be carried out in a safe manner, the employer: (a) (b) (c) must give written approval to enter the confined space by issuing an entry permit that names the person; and must not allow a person to enter the confined space unless the person is named on an entry permit; and must give a person named in an entry permit a copy of the permit before the person enters the confined space.

Penalty: (1A)

10 penalty units.

It is a defence to a prosecution for an offence against paragraph (1) (c) if the employer complied with the paragraph as far as reasonably practicable. Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (1A) (see section 13.3 of the Criminal Code). (2)

The employer must ensure that the entry permit specifies any precautions or instructions necessary for safe entry to the confined space and the performance of the work, taking into consideration, the hazards identified in the risk assessment (if any) undertaken under subregulation 7.05 (2). 10 penalty units.

Penalty: (2A)

Strict liability applies to the physical element in subregulation (2) that the risk assessment (if any) is undertaken under subregulation 7.05 (2). Note (3) The employer must ensure that each person who is required to carry out the work described in the entry permit is informed of, and understands, the contents of the entry permit before the person enters the confined space to which the permit relates. Penalty: (4) (a) (b) 10 penalty units. For strict liability, see section 6.1 of the Criminal Code.

The employer must: acknowledge, in writing, that the work in the confined space has been completed; and ensure that all persons involved in the work have left the confined space;

before the confined space is returned to normal use. Penalty: 10 penalty units.

Control of fire and explosion risk

(1)

If the concentration of flammable contaminant in the atmosphere of a confined space that is under the control of an employer is found to be between 5% and 10% of the LEL of the contaminant, the employer must ensure that: the confined space is evacuated; or a continuously monitoring, and suitably calibrated, flammable gas detector is used in the confined space at all times while a person is present in the confined space. 10 penalty units.

(a) (b)

Penalty: (2)

If the concentration of flammable contaminant in the atmosphere of a confined space that is under the control of an employer is found to be 10% or more of the LEL of the contaminant, the employer must ensure that the confined space is evacuated. 10 penalty units.

Penalty: (3)

(a) (b)

An employer must ensure that no work is carried out within a confined space that is under the control of the employer, or on the outside surface of a confined space, if the work or any plant is likely to cause or create: a risk to the health or safety of a person in the confined space; or a risk of fire or explosion.

Penalty:

10 penalty units.

Rescue arrangements

(1)

If a risk assessment undertaken under subregulation 7.05 (2) (or a revised risk assessment) indicates a risk to health or safety, the employer to whom the assessment relates must ensure that no person enters the relevant confined space without at least 1 stand-by person being present outside the space for the duration of the work carried out in the space. 10 penalty units.

Penalty: (1A)

Strict liability applies to the physical element in subregulation (1) that the risk assessment (if any) is undertaken under subregulation 7.05 (2). For strict liability, see section 6.1 of the Criminal Code.

Note (2) (a) (b) (i) (ii)

The employer must ensure: that the openings for entry to and exit from the confined space are of adequate size to allow the rescue of all persons who may enter the confined space; and either: that the openings for entry to and exit from the confined space are not obstructed by fittings or equipment that could impede the rescue of persons; or if compliance with subparagraph (i) is not reasonably practicable, that a suitable alternative means of rescue is provided. 10 penalty units.

Penalty: (3)

The employer must ensure that appropriate rescue and first-aid procedures relating to the confined space are planned, established and rehearsed by employees who are involved in carrying out work in a confined space.

Instruction and training

(1)

An employer must provide suitable and adequate training, for each person who is required to work in or on a confined space that is under the control of the employer, in all relevant activities that are related to: entering the confined space; or working in, or on the outside surface of, the confined space. 10 penalty units.

(a) (b)

Penalty: (2)

The persons to whom the employer must provide the training include each employee who:

(a) (b) (c) (d) (e) (f) (g) (h) (i) (3) (a) (b) (c) (d)

is required to carry out work in or on a confined space that is under the control of the employer; or undertakes a risk assessment of a confined space; or issues an entry permit; or designs or lays out a workplace that incorporates, or could incorporate, a confined space; or manages or supervises persons working in or near a confined space; or maintains equipment used for or during work in a confined space; or purchases, distributes or maintains personal protective equipment for use in a confined space; or is on stand-by during the performance of work in a confined space; or is involved in a rescue or first-aid procedure involving work in a confined space. The training must include training in the following matters, to the extent that they are relevant to the performance of the particular work and the duties of the person who is being trained: the hazards associated with confined spaces; risk assessment procedures; control measures for confined spaces; the selection, use, fit and maintenance of safety equipment.

Record keeping

(1) If a risk assessment undertaken under subregulation 7.05 (2) is set out in writing, the employer to whom the assessment relates must ensure that the assessment is retained for a period of 5 years. Penalty: (2) An employer must keep a copy of an entry permit issued under paragraph 7.08 (1) (a) for a period of at least 3 months after the permit is issued. Penalty: (3) An employer must keep a record of the training provided to an employee under regulation 7.11 for the period of the employee's employment. Penalty: (4) An employer must, on request, make a record referred to in subregulation (1), (2) or (3) available to: (a) (b) the employee to whom the record relates; or an investigator. 5 penalty units. 5 penalty units. 5 penalty units. 5 penalty units.

Penalty: (5) (a)

If:

an employee has worked in a confined space to which a record referred to in subregulation (1), (2) or (3) relates; and (b) health surveillance of the employee is required under Part 6 of these Regulations for a period longer than the period stated in the relevant subregulation;

the employer must retain the record for the period of the health surveillance. Penalty: (6) An offence against subregulation (1), (2), (3), (4), or (5) is an offence of strict liability. Note 1 Note 2 For strict liability, see section 6.1 of the Criminal Code. The following Australian Standards provide guidance on the subject matter of this Part: 5 penalty units.

(a) AS 1715: Selection, Use and Maintenance of Respiratory Protective Devices; (b) AS 1716: Respiratory Protective Devices. Note 3 Act. AS 2865, Safe Working in a Confined Space, is an approved code of practice under section 70 of the

Confined Space Entry

Marine Notices 29/2002 Supersedes: 6/2000

The purpose of this notice is to remind shipowners, ship operators, masters and crews of the high risk associated with confined space entry and the importance of using appropriate procedures to provide for safe entry of a particular confined space on board ship. Failure to adopt a systematic and careful approach to confined space entry can result in injury and sometimes death. Multiple fatalities can occur in confined spaces especially when rescue teams fail to assess the risk. Confined space hazards are not confined to toxic or oxygen depleted atmospheres. There have been recent examples of shore contractors risking serious permanent injuries as a result of not having equipment isolated when working in a confined space. Ship operators have a duty of care under the OH&S (MI) Act 1993 to ensure that procedures for confined space entry are implemented and adherence to the procedures is monitored. Appropriate training is required to ensure that all ship's staff involved in confined space entry are aware of the procedures and have sufficient knowledge to assess the risks and apply measures to minimise risks associated with confined space entry. Confined space entry procedures should be part of ships' Safety Management System (SMS) as required by the International Safety Management (ISM) Code. Australian Standard 2865:2001 - Safe working in confined space defines confined spaces and outlines risk assessment and entry permit requirements. Guidance on developing safe procedures for confined space entry can be obtained from Australian Standard 2865: 2001 Safe working in confined space, IMO Resolution A.684(20) and the Code of Safe Working Practice for the Australian Seafarer (AMSA/Seacare) section 10.

The following Marine Orders refer to confined space entry:

Marine Orders part 21, Appedix 10 [ Marine Orders part 32, Appendix 3 [ Marine Orders part 61 - 5 [

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Identification, assessment and controlling the risks associated with confined space are important steps in minimising risks that can occur during confined space entry. Procedures for confined space entry should be reviewed periodically and crewmembers should be appropriately trained. Clive Davidson Chief Executive Officer 19 December 2002 Australian Maritime Safety Authority GPO Box 2181 CANBERRA ACT 2601