Legislation
The Confined Space Regulations 1997 defines a confined space as a place which is substantially (though not always entirely) enclosed and there is a reasonably foreseeable specified risk.
UK Legislation The basis of British health and safety law is the Health and Safety at Work etc. Act 1974 (HSWA). The Act sets out the general duties which employers have towards employees and members of the public, and employees have to themselves and to each other.
In the UK the Confined Space Regulations 1997 is the legislation that specifically relates to the identification and management of confined space working and the regulations are published with an accompanying Guidance and Approved Code of Practice (ACOP) (HSE L101).
The Management of Health and Safety at Work Regulations 1999 (the Management Regulations)in general make more explicit what employers are required to do to manage under HSWA, and they apply to every work activity.
The PPE Regulation (EU) 2016/425 and the Control of Substances Hazardous to Health state: The risk to health and safety should be assessed on how to prevent or reduce the workers exposure to hazardous conditions and substances.
The Personal Protective Equipment Guidance HSG53 stipulate that Personal Protective Equipment (PPE) and Respiratory Protective Equipment (RPE) is to be supplied and used at work wherever there are risks to health and safety that cannot be adequately controlled in other ways.
Other legislation may also be relevant depending on the activities being carried out regarding confined space working, such as working at height, hazardous substances, manual handling, electricity, asbestos, radiation, lifting operations, noise and vibration. Personal protective clothing and equipment along with respiratory protective equipment may be specified and used in confined spaces and this will mean the relevant regulations surrounding the supply, maintenance and training
will also have to be considered.
Sources:
https://www.hse.gov.uk/confinedspace/legislation.htm
Confined Space Identification
The Approved Code of Practice (ACoP) L101 explains the definition of a confined space and gives examples. It will help you assess the risk of working within a particular confined space and put precautions in place for
work to be carried out safely.
Under these Regulations a ‘confined space’ must have both of the following defining features:
(a) it must be a space which is substantially (though not always entirely) enclosed; and
(b) one or more of the specified risks must be present or reasonably foreseeable.
Consideration should be given to the possibility that a confined space may not necessarily be small, enclosed on all sides or difficult to get into or out of and it may be a place where people work on a regular basis.
The ACoP has a flow chart that can help with the decision making process by establishing if a space is confined and describing the specified risks. There must be at least one of
these specified risks present or reasonably foreseeable to make
an enclosed space become a confined space
