Workplace Safety and Health (General Provisions) Regulations 2006

Dangerous fumes and lack of oxygen in confined spaces

25.—(1) Paragraphs (2) to (10) shall apply where work in any factory has to be done inside any chamber, tank, vat, pit, pipe, flue or confined space, in which —

(a)	dangerous fumes are liable to be present to such an extent as to involve risk of fire or explosion, or persons being overcome by the fumes; or
(b)	the supply of air is inadequate, or is likely to be reduced to be inadequate, for sustaining life.

(2) It shall be the duty of the occupier of a factory to ensure that there is adequate and convenient means of access and egress from the confined space.

(3) Subject to paragraph (4), no person shall enter or remain, and no person shall require, instruct or direct any person to enter or remain, in the confined space for any purpose unless the person entering or remaining in the confined space —

(a)	is wearing a suitable breathing apparatus;
(b)	has been authorised to enter by a competent person; and
(c)	where reasonably practicable, is wearing a safety harness with a rope securely attached and there is a person keeping watch outside who is provided with the means to pull him out in an emergency.

(4) Paragraph (3) shall not apply where a competent person has certified the confined space as safe for entry without breathing apparatus for a specified period and the period so specified has not expired.

(5) No person shall require, instruct or direct any other person to enter or remain in the confined space which has been certified under paragraph (4) as safe for entry without breathing apparatus for a specified period, unless he has warned that other person when the specified period will expire.

(6) No person who has been warned in accordance with paragraph (5) shall remain in the confined space after the specified period has expired.

(7) A competent person shall not certify a confined space under paragraph (4) unless —

(a)	effective steps have been taken to prevent any ingress of dangerous fumes;
(b)	any sludge or other deposit liable to give off dangerous fumes has been removed and the space contains no other material liable to give off dangerous fumes; and
(c)	the space has been adequately ventilated and tested for dangerous fumes and has a supply of air adequate to sustain life,

but no account shall be taken for the purposes of sub-paragraph (b) of any deposit or other material liable to give off dangerous fumes in insignificant quantities only.

(8) It shall be the duty of the employer of any person working in a confined space to ensure that a sufficient supply of suitable breathing apparatus, of belts and ropes, and of suitable reviving apparatus and oxygen are —

(a)	provided and kept readily available;
(b)	properly maintained; and
(c)	thoroughly examined by a competent person at least once a month or at such other intervals as the Commissioner may determine.

(9) It shall be the duty of a competent person to —

(a)	issue and sign a report of the result of the examination referred to in paragraph (8)(c);
(b)	provide a copy of the report to the employer of the person working in the confined space; and
(c)	exercise all due diligence in making any certification or report or in conducting any test or examination under this regulation.

(10) It shall be the duty of the employer of a person working in a confined space to keep a record of every test or examination made under this regulation and to make such record available at all times for inspection.

(11) No person shall enter or remain in, and no person shall require, permit or direct any other person to enter or remain in, any confined space in which the proportion of oxygen in the air is liable to have been reduced to below 19.5% by volume unless —

(a)

he is wearing a suitable breathing apparatus; or

(b)

the space has been and remains adequately ventilated and a competent person has tested and certified it as —

(i)	containing an adequate supply of oxygen; and
(ii)	safe for entry without breathing apparatus.

(12) Any person who contravenes paragraph (3), (5), (6) or (11) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

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