Code of Practice for Working in Confined Spaces / HSA Ireland 2017

ID 20449 | 02.10.2023 / Documenti allegati

This code of practice is intended to provide practical guidance on safe work in confined spaces and is operational from 1st May 2017.

Confined spaces are significantly more hazardous than normal workplaces and the hazards involved are always exacerbated by the enclosed nature of the confined space. A seemingly insignificant error or oversight while working in a confined space can result in a tragic accident.  

Attachment:

- Example of a Permit-to-Work Form for Work in Confined Spaces
- Code of Practice for Working in Confined Spaces
- Safety, Health and Welfare At Work (Confined Spaces) Regulations, 2001
- Safety, Health and Welfare at Work Act 2005
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This code of practice is published by the Health and Safety Authority under Section 60 of the Safety, Health and Welfare at Work Act 2005 and with the consent of the Minister of State at the Department of Jobs, Enterprise and Innovation.

The code is intended to provide practical guidance on safe work in confined spaces in accordance with the Safety, Health and Welfare at Work (Confined Spaces) Regulations 2001.

The text of the Regulations is reproduced at Appendix 3 (or attacch).

A failure to observe any part of this code will not of itself render a person liable to civil or criminal proceedings. Where the code of practice gives practical guidance on the observance of any of the relevant statutory provisions then compliance or non-compliance with those provisions of the code may be admissible in evidence in any
criminal proceedings.

You may use alternative methods to those set out in the code in order to comply with the law.

However, the special legal status accorded to the code means that 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 code applies to all places of work, across all industry sectors, where confined spaces occur or are liable to occur.

Note 1: References to other Enactments

This Code of Practice should be read in conjunction with the Safety, Health and Welfare at Work (Confined Spaces) Regulations 2001 (S.I. No. 218 of 2001). Regulation 3 of those Regulations, relating to the application of the Regulations, provides as follows –

“3. (1) The provisions of Regulations 2, 4 and Part II of the Safety, Health and Welfare at Work (General Application) Regulations 1993 (S.I. No. 44 of 1993) shall apply in full to the application of the provisions of these Regulations.”

However, since the revocation of Regulations 2, 4 and Part II of the Safety, Health and Welfare at Work (General Application) Regulations 1993 by the Safety, Health and Welfare at Work (General Application)(Amendment)(Revocation) Regulations 2005 (S.I. No. 392 of 2005) and by Regulation 3 (o) of the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), the relevant references above should be read as references to the following corresponding replacement provisions of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005)

– Section 2(1) – Interpretation - definitions of “fixed term employee”, “temporary employee” and “temporary employment business”, Section 8 – General Duties of Employer, Section 9 – Information for employees, Section 10 – Instruction, training and supervision of employees, Section 11 – Emergencies and serious and imminent dangers, Section 13 – Duties of Employee, Section 18 – Protective and Preventive Measures, Section 19 – Hazard identification and risk assessment, Section 20 – Safety Statement, Section 21 – Duty of employers to co-operate, Section 22 – Health Surveillance, Section 25 – Safety Representatives, Section 26 – Consultation and participation of employees, safety committees and Schedule 3 - General principles of Prevention.

Note 2: Confined Space Work in the Construction Sector

Notwithstanding the provisions of the Safety, Health and Welfare at Work (Confined Spaces) Regulations 2001 (S.I. No. 218 of 2001) and Regulation 79 of the Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013), relating to health hazards, attention is drawn to the provisions of Points 6.2 and 6.3 of Annex IV, Minimum Safety and Health Requirements for Construction Sites, of Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health
requirements at temporary or mobile construction sites, which provide as follows -

“6.2. If workers have to enter an area where the atmosphere is liable to contain a toxic or harmful substance or to have an insufficient oxygen level or to be inflammable, the
confined atmosphere must be monitored and appropriate steps taken to prevent any hazards.

6.3. A worker may not in any circumstances be exposed to a high-risk confined atmosphere.
He must at least be watched at all times from outside and all appropriate precautions must be taken to ensure that he can be assisted effectively and immediately”.
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HSA Ireland 2017