56Control of risk

56 Control of risk

(1) An employer or self-employed person must, so far as is reasonably practicable, eliminate any risk associated with work in a confined space.

An employer or self-employed person could eliminate risks associated with work in a confined space by eliminating the need for any person to enter the space.

(2) If it is not reasonably practicable to eliminate a risk associated with work in a confined space, the employer or self-employed person must reduce the risk so far as is reasonably practicable by taking into account the following matters—

(a) the nature of the confined space;

(b) if a hazard is associated with the level of oxygen or the level of any contaminant in the atmosphere of the confined space, any change that may occur in the level of oxygen or contaminant;

(c) the work required to be performed in the confined space, the range of methods by which the work can be done and the selected method of working;

(d) any work required to be performed outside the confined space that may be associated with a hazard;

(e) the means of entry to and exit from the confined space;

(f) the type of emergency procedures required.

2 Part 4 of the Act sets out the duty of the employer to consult with employees, including in respect of making decisions about the measures to be taken to control risks to health or safety. This consultation must involve the health and safety representative (if any). See also regulation 21.