What is the definition of confined space under the Model WHS Regulations?
The definition of a 'confined space' under the Model WHS Regulations makes reference to a number of characteristics, including restricted means of entry and exit. This definition differs to varying degrees from those found in existing regimes in the States and Territories. The current definition of 'confined space' in Victoria is a notable example, with the Model WHS Regulations widening the scope of the term substantially. The definition in NSW will be modified to include the restricted means of entry and exit.
What obligations are imposed on PCBUs under the Model WHS Regulations with respect to confined spaces?
The Model WHS Regulations provide for the control of physical risks inherent in confined space work (such as hazardous atmosphere and fire risks). A number of administrative control measures are also included in the Model WHS Regulations. For example, when work in a confined space is unavoidable, PCBUs must comply with a confined space entry permit system. Grant of permits will be based upon demonstrated implementation of risk assessment and hazard control. PCBUs will also be required to keep records pertaining to safety training, risk assessments and permits issued, for prescribed periods of time.
Further duties are imposed on designers, manufactures and suppliers of plant that contains, or may contain, a confined space. The purpose of this duty is to eliminate or reduce risk so far as reasonably practicable, ideally by removing the need for persons to enter any confined space within the plant.
A proposed Code of Practice for Confined Spaces, currently available in draft form, will assist PCBUs in complying with safety duties. The current draft of the Code of Practice includes guidance on carrying out risk assessments, atmospheric monitoring, signage and standby personnel requirements, and review of control measures.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
