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The Confined Spaces Regulations 1997
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The Secretary of State, in exercise of the powers conferred on him by sections 15(1), (2), (3)(a), (5)(a) and (b), (6)(a) and (b), (8) and (9) and 82(3)(a) of, and paragraphs 1(1) and (2), 9, 11 and 18(a) of Schedule 3 to, the Health and Safety at Work etc. Act 1974[1] ("the 1974 Act") and of all other powers enabling him in that behalf and for the purpose of giving effect without modification to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultation in accordance with section 50(3) of that Act, hereby makes the following Regulations: - Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the Confined Spaces Regulations 1997 and shall come into force on 28th January 1998. (2) In these Regulations, unless the context otherwise requires -
(b) without prejudice to paragraph (a) -
(ii) the loss of consciousness or asphyxiation of any person at work arising from gas, fume, vapour or the lack of oxygen; (c) the drowning of any person at work arising from an increase in
the level of a liquid; or
Disapplication of Regulations
(b) any place below ground in a mine; or (c) any diving operation to and in relation to which the Diving Operations at Work Regulations 1981 apply by virtue of regulation 3 of those Regulations. Duties
(b) ensure compliance, so far as is reasonably practicable, with the provisions of these Regulations in respect of any work carried out by persons other than his employees insofar as the provisions relate to matters which are within his control. (2) Every self-employed person
shall -
(b) ensure compliance, so far as is reasonably practicable, with the provisions of these Regulations in respect of any work carried out by other persons insofar as the provisions relate to matters which are within his control. Work in confined spaces
(b) they require, where the need for resuscitation of any person is a likely consequence of a relevant specified risk, the provision and maintenance of such equipment as is necessary to enable resuscitation procedures to be carried out. (3) Whenever there arises any circumstance to
which the arrangements referred to in paragraph (1) above relate, those
arrangements, or the relevant part or parts of those arrangements, shall
immediately be put into operation.
(b) any type or class of confined space, from the application of any of the requirements or prohibitions imposed
by these Regulations, and any such exemption may be granted subject to
conditions and to a limit of time and may be revoked at any time by the
said Executive by a further certificate in
writing.
(b) any other requirements imposed by or under any enactments which apply to the case, it is satisfied that the health and safety of persons who are likely to
be affected by the exemption will not be prejudiced in consequence of
it.
(b) that he took all reasonable precautions and exercised all due diligence to avoid the contravention. (2) The person charged shall not, without leave
of the court, be entitled to rely on the defence referred to in paragraph
(1) above unless, within a period ending seven clear
days -
(b) before the trial, where the proceedings are in Scotland, he has served on the prosecutor a notice in writing giving such
information identifying or assisting in the identification of the other
person as was then in his possession.
(This note is not part of the Regulations) 1. These Regulations impose requirements and prohibitions with respect to the health and safety of persons carrying out work in confined spaces (as defined in regulation 2). 2. The Regulations do not apply to activities on-board ship, below ground at a mine or to any diving operation within the meaning of the Diving Operations at Work Regulations 1981 (regulation 3). 3. The Regulations give effect as respects Great Britain to points 6.2 and 6.3 of Part A of Annex IV to Council Directive 92/57/EEC (OJ No. L245, 26.8.92, p.6) on the implementation of minimum safety and health requirements at temporary or mobile construction sites. 4. The Regulations -
(b) require work in a confined space to be carried out only in accordance with a safe system of work (regulation 4(2)); (c) impose requirements with regard to the preparation and implementation of adequate arrangements for the rescue of any person at work in a confined space in the event of an emergency (regulation 5); (d) provide that the Health and Safety Executive may grant exemptions from any requirement or prohibition of the Regulations in specified circumstances (regulation 6); (e) provide a defence in proceedings in respect of the duty to implement emergency arrangements (regulation 7); (f) extend the application of the Regulations to specified activities within territorial waters (regulation 8); (g) provide for the repeal and revocation of specified enactments (regulation 9). 5. A copy of the cost benefit
assessment prepared in respect of these Regulations can be obtained from
the Health and Safety Executive, Safety Policy Directorate, Branch B, Rose
Court, 2, Southwark Bridge, London, SE1 9HS. A copy has been placed in the
Library of each House of Parliament. Notes: [1] 1974 c.37; sections 15(1) and 50 were amended by Schedule 15 of the Employment Protection Act 1975 (c. 71), paragraphs 6 and 16(3) respectively.back [2] S.I. 1981/399; relevant amending instrument is S.I. 1990/996.back [3] 1954 c.70; section 180 was modified by paragraph 3 of Part I of Schedule 2 to S.I. 1974/2013 and by Schedule 3, Part II of S.I. 1993/1897.back [5] 1961 c.34; section 30 was amended by S.I. 1983/978.back
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