Everyone in the workplace has a role in managing the risk associated with a confined space at their workplace. These duties are set out in the Work Health and Safety Act 2020 (WHS Act), the Work Health and Safety (General) Regulations 2022 (WHS General Regulations) and the Work Health and Safety (Mines) Regulations 2022 (WHS Mines Regulations).
For businesses, PCBUs or mine operators
A person conducting a business or undertaking (PCBU) must manage the risks associated with a confined space at their workplace. The Confined spaces: Code of practice provides practical guidance to PCBUs on how to manage health and safety risks associated with work carried out in a confined space.
PCBUs have a duty to consult workers about work health and safety and consult, cooperate and coordinate with other duty holders.
A reference to a PCBU in the WHS Regulations is deemed a reference to a mine operator where that is relevant. For further guidance, see the The meaning of ‘person conducting a business or undertaking’ (PCBU): Interpretive guideline.
Duties with confined spaces include:
- managing health and safety risks associated with a confined space, including risks when entering, working in, on or near a confined space, and the risk of inadvertent entry, following requirements for managing risks to health and safety set out in Part 3.1 of the WHS General Regulations and the WHS Mines Regulations
- ensuring a risk assessment is conducted, reviewed and, as necessary, revised by a competent person
- not directing a worker to enter a confined space unless the worker has an entry permit
- erecting signs next to each entry to the confined space
- ensuring that a worker does not enter a confined space until all the duties in relation to the confined space have been complied with, for example, meeting entry permit requirements
- establishing first aid and rescue procedures to be followed in the event of an emergency in the confined space and ensuring these procedures are practised as necessary
- provide suitable and adequate information, training and instruction to workers.
- the WHS Regulations set out requirements for specific control measures within the confined space including communication and safety monitoring, signs, isolation of connected plant and services, and controls to maintain a safe atmosphere.
PCBU should ensure that people working in a confined space are safe by:
- placing a stand-by-person outside the confined space to talk to anyone in the confined space and implement emergency procedures if required
- providing personal protective equipment and rescue, first-aid and fire suppression equipment
- providing training
- supplying safety harnesses and safety (or rescue) lines where there is a danger of falling while entering or leaving the confined space
- erecting signs that show entry is only permitted after signing the entry permit
- ensuring the area is well-ventilated.
Information, training, instruction and supervision
Workers and their supervisors must be provided with suitable and adequate information, training and instruction. Hence, they have the skills and knowledge to understand the hazards associated with working in a confined space, the contents of any confined space entry permit, and the control measures implemented for their protection.
The information, training and instruction provided to relevant workers must cover:
- the nature of all hazards associated with a confined space
- the need for and appropriate use of risk control measures
- the selection, fit, use, wearing, testing, storage and maintenance of any personal protective equipment (PPE)
- the contents of any relevant confined space entry permit
- emergency procedures
Records of all training provided to workers in relation to confined space work must be kept for two years.
Principal contractors
The principal contractor for a construction project has a specific duty under the WHS Regulations to document, in their WHS management plan for the project, the arrangements in place for consultation, cooperation and coordination between the PCBUs at the site.
Workers
Workers must take reasonable care for their own health and safety and not adversely affect other persons' health and safety. Workers must comply with reasonable instructions, and cooperate with health and safety policies or procedures, including information, instructions and training in relation to work carried out by the worker in a confined space.
PPE should be provided. Workers must use or wear it following the information, instructions and training provided.
Some requirements for entry permits and signage do not apply to entry into a confined space by an emergency service worker if the worker rescues or provides first aid to a person in a confined space at the direction of the emergency service organisation.