This instrument is an approved Code of Practice under section 274 of the Work Health and Safety Act 2011, entitled the Work Health and Safety (Confined Spaces) Code of Practice 2015. It was approved and signed by the Minister for Employment (Michaelia Cash) and, according to the instrument, commences the day after registration on the Federal Register of Legislative Instruments. The Code sets out practical guidance on how to meet the requirements in the WHS Regulations relating to work in confined spaces. The Foreword and Scope make three mechanistic points about its legal role.

First, the Code is guidance, not a substitute for the WHS Act or Regulations: where the Code uses the words must, requires or mandatory it is pointing to an existing legal requirement; where it uses should it is recommending a course of action and where it uses may it signals an optional course (Foreword; How to use this Code of Practice). Second, the Code is admissible in court and may be relied on as evidence of what is known about a hazard and what is reasonably practicable; inspectors can refer to it when issuing improvement or prohibition notices (Foreword). Third, following the Code will in most cases achieve compliance with WHS duties, but the Code expressly permits alternative methods (for example technical or industry standards) that provide an equivalent or higher standard of safety (Foreword).

Mechanically the Code does the following:

Defines and illustrates the concept of a “confined space” for the purposes of the WHS Regulations (Regulation 5 and Appendix A), and emphasises that classification depends both on structure and on circumstances when the space is used (1.4).
Sets out a systematic risk-management process for confined spaces: identify hazards, assess risks, implement controls using the hierarchy of control, document risk assessments and entry permits, and review controls (Regulations 34-38; Parts 4-7).

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Work Health and Safety (Confined Spaces) Code of Practice 2015

made under the

Work Health and Safety Act 2011, section 274 (Approved Codes of Practice)

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1 Name of instrument

This instrument is the Work Health and Safety (Confined Spaces) Code of Practice 2015.

2 Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Code of Practice Approval

I approve the Confined Spaces Code of Practice. I am satisfied that this code of practice was developed by a process described in section 274(2) of the Work Health and Safety Act 2011.

Michaelia Cash

Minister for Employment

18 March 2016

Date

CONFINED SPACES

Code of Practice

TABLE OF CONTENTS

FOREWORD

1. INTRODUCTION

1.1 What is a confined space?

1.2 Who has health and safety duties in relation to a confined space?

1.3 What is required in managing risks?

1.4 How to determine whether a space is a confined space

2. ROLE OF DESIGNERS, MANUFACTURERS AND SUPPLIERS

2.1 Eliminating or minimising the need to enter a confined space

2.2 Entry and exit

3. HOW TO IDENTIFY THE HAZARDS

3.1 What hazards are associated with a confined space?

3.2 Other hazards

4. HOW TO ASSESS THE RISKS

5. HOW TO CONTROL THE RISKS

5.1 The hierarchy of control

5.2 Eliminate the need to enter a confined space

5.3 Minimise the risks..........................................................19

5.4 Entry permits

5.5 Isolation

5.6 Atmosphere

5.7 Communication and safety monitoring

5.8 Entry and exit procedures

5.9 Signs and barricades

5.10 Information, instruction and training

5.11 Maintenance of control measures

6. EMERGENCY PROCEDURES

7. HOW TO REVIEW CONTROL MEASURES

APPENDIX A – CONFINED SPACE CRITERIA

APPENDIX B – SAMPLE CONFINED SPACE ENTRY PERMIT

LIST OF AMENDMENTS

FOREWORD

This Code of Practice on how to manage the risks associated with confined spaces in workplaces is an approved code of practice under section 274 of the Work Health and Safety Act (WHS Act).

An approved code of practice is a practical guide to achieving the standards of health, safety and welfare required under the WHS Act and the Work Health and Safety Regulations (the WHS Regulations).

A code of practice applies to anyone who has a duty of care in the circumstances described in the code. In most cases, following an approved code of practice would achieve compliance with the health and safety duties in the WHS Act, in relation to the subject matter of the code. Like regulations, codes of practice deal with particular issues and do not cover all hazards or risks that may arise. The health and safety duties require duty holders to consider all risks associated with work, not only those for which regulations and codes of practice exist.

Codes of practice are admissible in court proceedings under the WHS Act and Regulations. Courts may regard a code of practice as evidence of what is known about a hazard, risk or control and may rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.

Compliance with the WHS Act and Regulations may be achieved by following another method, such as a technical or an industry standard, if it provides an equivalent or higher standard of work health and safety than the code.

An inspector may refer to an approved code of practice when issuing an improvement or prohibition notice.

This Code of Practice has been developed by Safe Work Australia as a model code of practice under the Council of Australian Governments’ Inter-Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety for adoption by the Commonwealth, state and territory governments.

A draft of this Code of Practice was released for public consultation on 7 December 2010 and was endorsed by the Workplace Relations Ministers’ Council on 10 August 2011.

Scope and application

This Code provides practical guidance on how to meet the requirements under the WHS Regulations in relation to work carried out in a confined space. It applies to persons conducting a business or undertaking who have management or control of a confined space, and to designers, manufacturers or suppliers of plant or structures that include, or are intended to include, a confined space.

This Code will help determine when a space is a ‘confined space’ for the purposes of the WHS Regulations, what the potential hazards are and how to eliminate or minimise the risks when carrying out work in a confined space.

This Code can also be used by workers and their health and safety representatives interested in understanding the hazards and risks associated with confined spaces.

How to use this Code of Practice

In providing guidance, the word ‘should’ is used in this Code to indicate a recommended course of action, while ‘may’ is used to indicate an optional course of action.

This Code also includes various references to provisions of the WHS Act and Regulations which set out the legal requirements. These references are not exhaustive. The words ‘must’, ‘requires’ or ‘mandatory’ indicate that a legal requirement exists and must be complied with.

1. INTRODUCTION

Confined spaces pose dangers because they are usually not designed to be areas where people work. Confined spaces often have poor ventilation which allows hazardous atmospheres to quickly develop, especially if the space is small. The hazards are not always obvious and may change from one entry into the confined space to the next.

The risks of working in confined spaces include:

loss of consciousness, impairment, injury or death due to the immediate effects of airborne contaminants
fire or explosion from the ignition of flammable contaminants
difficulty rescuing and treating an injured or unconscious person
asphyxiation resulting from oxygen deficiency or immersion in a free-flowing material, such as grain, sand, fertiliser, water or other liquids .

1.1 What is a confined space?

Regulation 5: A confined space means an enclosed or partially enclosed space that:

is not designed or intended primarily to be occupied by a person; and
is, or is designed or intended to be, at normal atmospheric pressure while any person is in the space; and
is or is likely to be a risk to health and safety from:
an atmosphere that does not have a safe oxygen level, or
contaminants, including airborne gases, vapours and dusts, that may cause injury from fire or explosion, or
harmful concentrations of any airborne contaminants, or
engulfment.

A confined space is determined by the hazards associated with a set of specific circumstances and not just because work is performed in a small space.

Confined spaces are commonly found in vats, tanks, pits, pipes, ducts, flues, chimneys, silos, containers, pressure vessels, underground sewers, wet or dry wells, shafts, trenches, tunnels or other similar enclosed or partially enclosed structures, when these examples meet the definition of a confined space in the WHS Regulations.

What is not a confined space for the purposes of the WHS Regulations?

A confined space does not include a mine shaft or the workings of a mine.

The following kinds of workplaces are also generally not confined spaces for the purposes of the WHS Regulations:

places that are intended for human occupancy and have adequate ventilation, lighting and safe means of entry and exit, such as offices and workshops
some enclosed or partially enclosed spaces that at particular times have harmful airborne contaminants but are designed for a person to occupy, for example abrasive blasting or spray painting booths
enclosed or partially enclosed spaces that are designed to be occasionally occupied by a person if the space has a readily and conveniently accessible means of entry and exit via a doorway at ground level, for example:
a cool store accessed by a LPG forklift to move stock – although the use of a LPG forklift in a cool store can be hazardous, the door at ground level means that once the alarm is raised, escape and rescue can happen quickly
a fumigated shipping container with a large ground level opening will facilitate easy escape and rescue.

Trenches are not considered confined spaces based on the risk of structural collapse alone, but will be confined spaces if they potentially contain concentrations of airborne contaminants that may cause impairment, loss of consciousness or asphyxiation.

1.2 Who has health and safety duties in relation to a confined space?

A person conducting a business or undertaking has the primary duty under the WHS Act to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to health and safety risks arising from the business or undertaking.

The WHS Regulations include specific obligations on a person conducting a business or undertaking who has management or control of a confined space.

Designers, manufacturers and suppliers of plant or structures that include a space that is intended, or is likely to become, a confined space must eliminate the need for any person to enter a confined space and eliminate the risk of inadvertent entry or, if this is not reasonably practicable, ensure safe means of entry and exit and minimise risks to the health and safety of any person who enters the confined space.

Officers, such as company directors, have a duty to exercise due diligence to ensure that the business or undertaking complies with the WHS Act and Regulations. This includes taking reasonable steps to ensure that the business or undertaking has and uses appropriate resources and processes to eliminate or minimise risks that arise from entry into confined spaces.

Workers must take reasonable care for their own health and safety and that their work does not adversely affect the health and safety of other persons. Workers must comply with any reasonable instructions given relating to confined space entry permits, risk control measures and emergency procedures, and should carry out work in a confined space in accordance with any relevant information and training provided to them.

Emergency service workers are not required to comply with some requirements for entering confined spaces when either rescuing a person or providing first aid to a person in the space (WHS Regulations 67 and 68).

1.3 What is required in managing risks?

Duties in relation to 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, as well as the risk of inadvertent entry
ensuring, so far as is reasonably practicable, 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 entry permit requirements
establishing first aid and rescue procedures to be followed in the event of an emergency in the confined space.

The WHS Regulations also set out requirements for specific controls measures including communication and safety monitoring, signs, isolation of connected plant and services, and controls to maintain a safe atmosphere within the confined space.

Regulation 34-38: In order to manage risk under the WHS Regulations, a duty holder must:

identify reasonably foreseeable hazards that could give rise to the risk
eliminate the risk so far as is reasonably practicable
if it is not reasonably practicable to eliminate the risk – minimise the risk so far as is reasonably practicable by implementing control measures in accordance with the hierarchy of control
maintain the implemented control measure so that it remains effective
review, and if necessary revise, risk control measures so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health and safety.

This Code includes guidance on how to manage the risks associated with a confined space by following a systematic process that involves:

identifying hazards associated with confined spaces
assessing the risks associated with these hazards
implementing risk control measures
reviewing risk control measures.

Guidance on the general risk management process is available in the Code of Practice: How to Manage Work Health and Safety Risks.

Consulting your workers

Section 47: The WHS Act requires that you consult, so far as is reasonably practicable, with workers who carry out work for you who are (or are likely to be) directly affected by a work health and safety matter.

Section 48: If the workers are represented by a health and safety representative, the consultation must involve that representative.

Consultation with workers and their health and safety representatives is a critical part of managing work health and safety risks.

You must consult your workers who are involved in carrying out work in or near a confined space during the process of identifying hazards, assessing risks and implementing control measures.

It is often more effective to involve a team of people in the risk management process to draw on a range of knowledge and experience, for example knowledge of:

the particular confined space under assessment
any work methods that will be used in or near the confined space
confined space hazards and control measures.

Consulting, co-operating and co-ordinating activities with other duty holders

Section 46: If more than one person has a duty in relation to the same matter, each person with the duty must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with all other persons who have a work health or safety duty in relation to the same matter.

Sometimes more than one person conducting a business or undertaking will have the same duty in relation to a confined space. For example, a person who owns the plant or structure that contains the confined space will have management or control of the confined space. A contractor engaged to carry out work in the same space will also have management or control of the confined space at the time that work is being carried out. In these situations, effective communication, co-operation and co-ordination of activities between duty holders is essential to ensure that risks associated with the confined space are eliminated or minimised as far as is reasonably practicable.

Further guidance is available in the Code of Practice: Work Health and Safety Consultation, Co-operation and Co-ordination.

1.4 How to determine whether a space is a confined space

A confined space is determined by the structure and a specific set of circumstances. The same structure may or may not be a confined space depending on the circumstances when the space is entered. Entry to a confined space is considered to have occurred when a person’s head or upper body enters the space.

A space may become a confined space if work that is to be carried out in the space would generate harmful concentrations of airborne contaminants.

Temporary control measures such as providing temporary ventilation or achieving a satisfactory pre-entry gas test will not cause a confined space to be declassified. For a confined space to be declassified as a non-confined space, it needs to have undergone sufficient changes in structure and use to eliminate all inherent hazards that define a confined space.

The following flowchart will help to determine whether a space is a ‘confined space’ for purposes of the WHS Regulations.

Appendix A provides examples to illustrate how a confined space is determined.

How to determine whether a space is a confined space.

2. ROLE OF DESIGNERS, MANUFACTURERS AND SUPPLIERS

The design, manufacture or modification of any plant or structure that includes a confined space can significantly affect the risks associated with confined spaces. Thoughtful design can eliminate the need to enter a confined space or eliminate the risk of inadvertent entry. The design stage should consider the whole life cycle of the plant or structure, from manufacture and use through to demolition and disposal.

2.1 Eliminating or minimising the need to enter a confined space

Regulation 64: A designer, manufacturer, importer or supplier of a plant or structure, and a person who installs or constructs a plant or structure must eliminate the need to enter a confined space and eliminate the risk of inadvertent entry. If this is not reasonably practicable, then:

the need for any person enter the space must be minimised so far as is reasonably practicable
the space must be designed with a safe means of entry and exit, and
the risk to the health and safety of any person who enters the space must be eliminated or minimised as far as is reasonably practicable.

The following features should be incorporated in the design and manufacturing stages:

provision of outlets and facilities for cleaning, to eliminate the need for entry
use of lining materials that are durable, require minimal cleaning and do not react with materials contained in the confined space
design of the structure and mechanical parts to provide for safe and easy maintenance, to reduce the need for persons to enter.

2.2 Entry and exit

If it is not reasonably practicable to eliminate the need to enter the confined space or the risk of inadvertent entry, then any risk associated with entry to and exit from the space must be minimised. Entry to and exit from a confined space is safer when openings (access points) are large and located in a position that allows for persons and equipment to pass easily through them.

Where relevant, the following features should be incorporated at the design, manufacture and installation stages:

Access points (including those within the confined space, through divisions, partitions or obstructions) should be large enough to allow people wearing the necessary protective clothing and equipment to pass through, and to permit the rescue of all people who may enter the confined space.
A safe means of access to and within the confined space, such as fixed ladders, platforms and walkways should be provided. Further guidance is available in AS 1657 Fixed platforms, walkways, stairways and ladders – Design, construction and installation.
Access points should be unobstructed by fittings or equipment that could impede rescue and should also be kept free of any obstructions during work in the confined space. If equipment such as electrical cables, leads, hoses and ventilation ducts are required to pass through an access hole, a second access point may be needed.
There should be enough access points to provide safe entry to and exit from the confined space. For example, the spacing of access holes on sewers (or in the case of large gas mains, the absence of such access holes over considerable lengths) may affect both the degree of natural ventilation and the ease with which persons can be rescued.

3. HOW TO IDENTIFY THE HAZARDS

Identifying hazards involves finding all of the things and situations that could potentially cause harm to people. The types of substances previously stored in a confined space (however briefly) will indicate the sorts of hazards that may be present. Substances stored in a confined space may result in a lack of oxygen, airborne contaminants or a flammable atmosphere within the confined space. Other hazards may arise from work activities, products or by-products in or around the confined space.

Regulation 34: In managing the risks associated with a confined space, the person conducting the business or undertaking must identify reasonably foreseeable hazards that could give rise to the risk.

3.1 What hazards are associated with a confined space?

Restricted entry or exit

Small entrances and exits make it difficult to rescue injured workers or to get equipment in or out of the confined space. In some cases, entrances and exits may be very large but their location can make them difficult to access. For example, accessing pits or openings high up in silos may require the use of ladders, hoists or other devices, and escape and rescue from such spaces may be difficult in emergency situations.

Harmful airborne contaminants

The following table illustrates the kinds of harmful atmospheres that may be present in a confined space, and how they may be created.

Source	Examples
Substance stored in the confined space or its by-product(s)	build-up of hydrogen sulphide in sewers and pitsrelease of toxic substances e.g. hydrogen sulphide in tanks of decomposing organic material, especially when the material is disturbed
Work performed in the confined space	use of paints, adhesives, solvents or cleaning solutionswelding or brazing with metals capable of producing toxic fumesexhaust fumes from engines used in the confined spacepainting or moulding glass-reinforced plastics
Entry of natural contaminants e.g. groundwater and gases into the confined space from the surrounding land, soil or strata	acid groundwater acting on limestone with the potential to produce dangerous accumulations of carbon dioxidemethane released from groundwater and from decay of organic matter
Release of airborne contaminants	when sludge, slurry or other deposits are disturbed or when scale is removed
Manufacturing process	residues left in tanks, vessels etc., or remaining on internal surfaces can evaporate into a gas or vapour
Entry and accumulation of gases and liquids from adjacent plant, installations, services or processes	the contamination of underground confined spaces by substances from plant in the vicinity of the confined spacecarbon monoxide from the exhaust of LPG-powered forklifts operating in, or in the vicinity of, the confined space

Unsafe oxygen level

Air normally contains 21% oxygen by volume, although oxygen levels of 19.5% — 23.5% by volume are considered to be safe.

Some situations can cause the level of oxygen to dramatically decrease, leading to an oxygen-deficient atmosphere and possible asphyxiation. This may occur, for example, if oxygen in the atmosphere is:

displaced by gases produced during biological processes, for example, methane in a sewer
displaced during purging of a confined space with an inert gas to remove flammable or toxic fumes
depleted inside metal tanks and vessels through surface oxidation (for example, when rust forms)
consumed during combustion of flammable substances
absorbed or reacts with grains, wood chips, soil or chemicals in sealed silos.

Too much oxygen can increase the risk of fire or explosion. Oxygen-enriched atmospheres may occur if:

chemical reactions cause the production of oxygen, for example certain reactions with hydrogen peroxide
there is a leak of oxygen from an oxygen tank or fitting while using oxy-acetylene equipment.

Fire and explosion

A fire or explosion requires the presence of three elements: an ignition source, air and a fuel (gas, vapour or mist) capable of igniting. A flammable atmosphere is one in which the flammable gas, vapour or mist is likely to exceed 5% of its lower explosive limit (LEL).

Flammable atmospheres in confined spaces may result from the evaporation of a flammable residue, flammable materials used in the space, a chemical reaction (such as the formation of methane in sewers), or from the presence of combustible dust (such as that in flour silos).

If an ignition source, such as a sparking electrical tool or static on a person, is introduced into a space containing a flammable atmosphere, an explosion is likely to result.

Engulfment

Engulfment means to be swallowed up in or be immersed by material, which may result in asphyxiation. Examples of materials that may pose a risk of engulfment include plastics, sand, liquids, fertiliser, grain, coal, coal products, fly ash, animal feed and sewage. Stored materials such as sand and grain can form a crust or bridge when a container is emptied from below, leaving the top layer in place. Workers walking on the bridge or working below the bridge on the floor of the container may be engulfed if a bridge collapses (see Figure 1).

Figure 1 Example of ‘bridging’ which may result in engulfment

Example of ‘bridging’ which may result in engulfment.

3.2 Other hazards

Uncontrolled introduction of substances

The uncontrolled introduction of substances such as steam, water or other liquids, gases or solids may result in drowning, being overcome by fumes or other harm depending on the nature of the substance.

Vehicles and LPG forklifts operating close to the opening of the confined space can cause a build-up of exhaust gases, including carbon monoxide, in the space.

Biological hazards

Contact with micro-organisms, such as viruses, bacteria or fungi, may result in infectious diseases, dermatitis or lung conditions such as hypersensitivity pneumonitis. Sewers, grain silos and manure pits are examples of confined spaces where biological hazards may be present.

Mechanical hazards

Exposure to mechanical hazards associated with plant may result in entanglement, crushing, cutting, piercing or shearing of parts of a person’s body. Sources of mechanical hazards include plant such as augers, agitators, blenders, mixers and stirrers.

Electrical hazards

Electrical hazards may cause electrocution, shocks or burns, and can arise from cables, transformers, capacitors, relays, exposed terminals and wet surfaces where electrical circuit and electrically powered plant are used.

Skin contact with hazardous substances

The nature of a confined space could give rise to an increased likelihood of skin contact with surface contaminants. Skin contact with hazardous substances may result in immediate health effects such as burns, irritation or allergic dermatitis, or longer-term systemic effects.

Noise

Noise generated in a confined space from the use of plant, the work method or process may be amplified due to reflections off hard surfaces. Exposure to hazardous noise may result in hearing loss, tinnitus and other non-auditory health effects. Hazardous noise may also prevent workers hearing warning signals and distract workers from their work.

Further guidance is available in the Code of Practice: Managing Noise and Preventing Hearing Loss at Work.

Manual tasks

Hazards arising from manual tasks may be exacerbated by physical constraints associated with working in a confined space. Additional hazards may arise from the use of personal protective equipment that restricts movement, grip and mobility.

Further guidance is available in the Code of Practice: Hazardous Manual Tasks.

Radiation

The health effects associated with radiation depend on the type of radiation involved. Sources of radiation include radioactive sources, x-rays, lasers, welding flash, radio frequency and microwaves.

Environmental hazards

Environmental hazards associated with work in a confined space may cause or contribute to harm. Examples of environmental hazards include:

heat or cold stress arising from the work, process or conditions
slips, trips and falls arising from slippery surfaces or obstacles
inadequate lighting.

Further guidance is available in the Code of Practice: Managing the Work Environment and Facilities.

Hazards outside the confined space

Where the confined space has a vertical opening, there is a risk that people could fall in.

Traffic hazards are a concern where confined space entrances or exits are located on footpaths or roads. There is the potential for workers entering or exiting the space to be struck and injured by vehicle traffic.

Work done outside the space, but near openings to it, can contaminate the atmosphere inside the space. A common example is the exhaust gases from an internal combustion engine. There may also be potential for fire or explosion where hot work is done in areas next to confined spaces that contain flammable atmospheres.

Additional physiological and psychological demands

Working in a confined space may impose additional physiological and psychological demands over and above those encountered in a normal working environment. Consideration should be given to a worker’s:

physical ability
ability to work in a restrictive space (for example claustrophobia)
ability to wear the personal protective equipment required to do the work (for example respirators).

4. HOW TO ASSESS THE RISKS

A risk assessment involves considering what could happen if someone is exposed to a hazard and the likelihood of it happening.

Regulation 66: A person conducting a business or undertaking must assess health and safety risks associated with the identified hazards of the confined space.

The risk assessment for a confined space must be undertaken by a competent person and be recorded in writing. The risk assessment must be reviewed and revised whenever any risks change.

Regulation 77: A copy must be kept for 28 days, or if a notifiable incident occurs in connection with the work to which the assessment relates, for 2 years after the incident occurs.

When undertaking a risk assessment to determine the risks requiring control the following factors should be considered:

the atmosphere in the confined space, including whether testing or monitoring is to be undertaken
the risk of engulfment of a person
all proposed work activities, particularly those that may cause a change to the conditions in the confined space.
the number of persons occupying the space
the soundness and security of the overall structure and the need for lighting and visibility
the identity and nature of the substances last contained in the confined space
any risk control measures needed to bring the confined space to atmospheric pressure
the number of persons required outside the space:
- to maintain equipment essential for the task being undertaken within the confined space
- to provide continuous communication with the persons within the confined space, and
- to properly initiate emergency response procedures
risks associated with other hazards, such as noise or electricity
arrangements for emergency response, for example first aid and resuscitation
the physiological and psychological demands of the task and the competency of persons involved in the tasks or emergency response duties
the adequate instruction of persons in any required procedure, particularly those that are unusual or non-typical, including the use and limitations of any personal protective equipment and other equipment to be used
the availability and adequacy of appropriate personal protective equipment and emergency equipment for all persons likely to enter the confined space.
the need for additional risk control measures, including:
- prohibiting hot work in adjacent areas
- prohibiting smoking and naked flames within the confined space and adjacent areas
- avoiding contamination of breathing air from operations or sources outside the confined space, for example, from the exhaust of an internal combustion engine
- prohibiting movement of equipment in adjacent areas, for example forklifts
- prohibiting spark-generating equipment, clothing and footwear
whether purging or cleaning in the confined space is necessary
whether hot work is necessary
conditions that could impede entry and exit or the conduct of the tasks in the confined space, for example, plant layout, dimensions, manual handling and ergonomic aspects of the task activity.

Atmospheric testing and monitoring

Testing and monitoring the atmosphere in a confined space is a routine part of determining appropriate control measures.

Regulation 50: A person conducting a business or undertaking must ensure that air monitoring is carried out to determine the airborne concentration of a substance or mixture to which an exposure standard applies if:

- there is uncertainty whether or not the airborne concentration of the substance or mixture exceeds the relevant exposure standard, or

- monitoring is necessary to determine whether there is a risk to health.

Any air monitoring in a confined space should be carried out by a competent person using a suitable, correctly calibrated gas detector. It may be necessary to test the atmosphere for:

oxygen content
airborne concentration of flammable contaminants
airborne concentration of potentially harmful contaminants (for example, hydrogen sulphide and carbon monoxide ).

A person’s senses should never be used to determine if the air in a confined space is safe. Many toxic or flammable gases and unsafe oxygen levels cannot be detected using one’s senses.

Initial testing should be done from outside the confined space by inserting a sample probe and/or portable gas detection device at appropriately selected access holes, nozzles and openings. Because contaminants can settle at different levels, each part of the confined space should be tested – side to side and top to bottom (see Figure 2).

For example, some gases (such as hydrogen sulfide) are heavier than air and in unventilated areas will settle to the bottom of the space, while other gases (such as methane) are lighter than air and will collect at the top of the space. Testing should be carried out on a sufficient number of points to accurately reflect areas of the space that is likely to be accessed.

Figure 2 Atmospheric testing of remote regions and different levels within the confined space.

Atmospheric testing of remote regions and different levels within the confined space.

Lighter gases may be vented into the breathing zone of the person conducting the tests. Some gases may be dissolved in liquids and released when the liquid is disturbed or a crust over the liquid is broken and it may therefore be necessary to agitate liquids before monitoring.

If it is necessary to enter the space to test remote regions away from entrances or access holes, then air-supplied respiratory equipment should be worn and the entry must be undertaken in accordance with the WHS Regulations using a confined space entry permit.

Re-testing and continuous monitoring of the air may be necessary if the risk assessment indicates that conditions may change due to the work being done or the disturbance of hazardous material in the confined space.

Generic risk assessment

A single (or generic) risk assessment may be carried out for a class of confined spaces in a number of different work areas or workplaces where the confined spaces are the same. This will only be appropriate if all of the hazards being covered are the same. A risk assessment must be carried out on individual confined spaces if there is any likelihood that a worker may be exposed to greater, additional or different risks.

A confined space entry permit may be used as a record of the risk assessment.

5. HOW TO CONTROL THE RISKS

The most important step in the risk management process involves controlling risks by eliminating them so far as is reasonably practicable, or if that is not possible, by minimising the risks so far as is reasonably practicable.

5.1 The hierarchy of control

The ways of controlling risks are ranked from the highest level of protection and reliability to the lowest. This ranking is known as the hierarchy of control. The WHS Regulations require duty holders to work through this hierarchy to achieve the highest level of protection that is reasonably practicable in the circumstances.

Eliminate the risk

The most effective control measure is to eliminate the risk, for example, by eliminating the need to enter a confined space.

Minimise the risk

If it is not reasonably practicable to eliminate the risk, you must minimise the risks so far as is reasonably practicable by:

substituting the hazard giving rise to the risk with something that is safer
isolating the hazard from any person exposed to it, or
implementing engineering controls.

If there is a remaining risk, it must be minimised so far as is reasonably practicable by implementing administrative controls, and if a risk still remains, then suitable personal protective equipment must be provided and used. These two types of control measures, when used on their own, tend to be least effective in minimising risks because they rely on human behaviour and supervision.

Some risk control measures are mandatory for confined spaces.

Regulation 66: In managing risks associated with a confined space, all relevant matters must be considered, including:

whether the work can be carried out without the need to enter the confined space
the nature of a confined space
if the hazard is associated with any airborne contaminant or unsafe level of oxygen
the work to be carried out in the confined space, the range of methods by which the work can be carried out, and the proposed method
the type of emergency procedures required.

5.2 Eliminate the need to enter a confined space

Risks associated with work in a confined space must be eliminated so far as is reasonably practicable, and therefore the first question is: can the work be carried out without entering the confined space?

Work could be carried out from outside the confined space by:

installing fixed or temporary cleaning devices for example spray balls using high-pressure hoses inserted through an access hatch to clean the inside of a tank
using remote cameras or a mirror attached to a probe for internal inspection of vessels
using remotely operated rotating flail devices, vibrators or air purgers to clear blockages in silos
using a hook, long-handled clasp or magnet on a string to retrieve an object dropped into a confined space.

5.3 Minimise the risks

If entering a confined space cannot be avoided, then a safe system for working inside the space must be implemented. The identified hazards will help determine what controls are needed to minimise any risk associated with work in the confined space. Under the WHS Regulations, the following matters must be considered:

The nature of the space

The nature of a confined space may contribute to the risks associated with it, for example:

whether the number, size and location of entrances and exits are adequate to enable the rapid exit and rescue of workers from the space
the temperature of the space so that it will not cause heat stress
adequate lighting, if there is poor visibility.

The concentration of oxygen or airborne contaminants

The level of oxygen and airborne contaminants is a significant contributor to the risk of working in a confined space, therefore:

the level of oxygen should be maintained at a safe level and any airborne contaminants in the space are minimised by ventilating prior to and/or during entry
any changes that may occur to oxygen or airborne contaminants are determined by testing the atmosphere
where the atmospheric conditions cannot be maintained at a safe level, appropriate respiratory protective equipment must be provided.

The work and work method

Consideration should be given to whether the proposed work or work process will introduce any new hazards or contribute to the risks of working in the confined space. Ignition sources must not be introduced into a space that contains a flammable atmosphere.

Work processes should:

minimise the release of harmful airborne contaminants into the space
reduce the time spent in the space or the number of people that have to enter the space
eliminate the risk of engulfment.

Consider any risks associated with the use of personal protective equipment (PPE) in a confined space. Using PPE may introduce new risks for those working in the space, for example the weight or discomfort of protective clothing and hearing protection.

Emergency procedures

When things go wrong in a confined space, people may be exposed to serious and immediate danger. Effective arrangements for raising the alarm and carrying out rescue operations in an emergency are essential (refer to Chapter 6 of this Code).

5.4 Entry permits

A confined space entry permit provides a formal check to ensure all elements of a safe system of work are in place before people are allowed to enter the confined space. It also provides a means of communication between site management, supervisors and those carrying out the work and ensures that the person conducting the business or undertaking has checked and authorised the entry to the confined space and it is safe to proceed.

Regulation 67: A person conducting a business or undertaking must not allow or direct a worker to enter a confined space to carry out work unless the person has issued a confined space entry permit for the work.

The permit must be completed in writing by a competent person and:

specify the confined space to which the permit relates
record the names of persons permitted to enter the confined space and the period of time that the work will be carried out
set out risk control measures based on the risk assessment, and
contain space for an acknowledgement that work in the confined space has been completed and all persons have left the space.

Regulation 77: The permit must be kept until the work is completed, or if a notifiable incident occurs, for at least 2 years after the confined space work to which the permit relates is completed.

A competent person is one who has acquired through training, qualification or experience, the knowledge and skills to carry out this task.

A confined space entry permit must be issued for each entry into the confined space. Each permit only applies to one confined space and allows one or more workers to enter that space. A competent person who directs and supervises the work should be nominated and authorised to issue the permit on behalf of the business or undertaking.

A confined space entry permit is also required when a person enters a confined space to conduct the initial hazard identification or risk assessment. The permit may need to be revised after the risk assessment is completed. The confined space entry permit must list the following:

Requirement
Confined space to which the permit applies	The permit form should be designed and completed in such a way as to enable clear identification and recording of the space that each permit applies to.A single permit can be used for multiple entries into a space and can be used where there is more than one access point into a single space.
Name of any worker permitted to enter the space
Period of time that the permit is in operation	A permit may be required for varying periods of time depending on the time required to complete the work being carried out in a confined space.The permit should be re-validated if the person with direct control of work in the space changes, a break in work continuity occurs, changes are made to the work that introduce hazards not addressed by the current permit, or new controls measures are needed.
Measures to control the risk	List the control measures that must be implemented before work commences, for example the isolation of plant and services, purging, ventilation, atmospheric testing, cleaning and signage.List the control measures that must be implemented or continued while work is being done in the space, e.g. ventilation, continuous monitoring, respiratory protective equipment and personal protective equipment.List any equipment to be taken into the confined space, including any exclusions such as ignition sources.<br>List any specialist emergency rescue equipment required.

The entry permit must be used as a written record that all workers have exited the confined space on completion of the work. It should be displayed in a prominent place to facilitate signing and clearance. Each worker must be able to understand the entry permit.

The information on the entry permit may be used as a suitable record of the risk assessment that has been carried out. An example of an entry permit is provided at Appendix B.

5.5 Isolation

All potentially hazardous services should be isolated prior to any person entering the confined space.

Isolate to prevent:

the introduction of contaminants or conditions through piping, ducts, vents, drains, conveyors, service pipes and fire protection equipment
the activation or energising of machinery in the confined space
the activation of plant or services outside the confined space that could adversely affect the space (for example heating or refrigerating methods)
the release of any stored or potential energy in plant
the inadvertent use of electrical equipment.

If liquids, gases or vapours could enter the confined space the pipe work should be physically isolated.

Isolation measures, for example physically locking, tagging, closing and blanking (see Figure 3) should be supervised or checked at each isolation point. Isolation measures should be supported by systems to ensure that the isolation measures are not removed until all work is complete and all workers have left the space.

Figure 3 Example of tag and lockout with the padlocks of two workers.

Example of tag and lockout with the padlocks of two workers.Example of tag and lockout with the padlocks of two workers.

Methods of isolation from materials, contaminants or conditions include isolating in accordance with one of the methods described below or by an alternative method ensuring at least an equivalent level of safety:

Removing a valve, spool piece or expansion joint in piping leading to the confined space (as close as practicable to the space) and blanking or capping the open end of the piping (see Figure 4). The blank or cap should be tagged to indicate its purpose. Blanks or caps should be made of a material that is compatible with the liquid, vapour or gas with which they are in contact. The material should also have sufficient strength to withstand the maximum operating pressure, for example surges, which can build up in the piping.

Figure 4 Open end of pipe capped. Nearest valve closed locked and tagged.

Open end of pipe capped. Nearest valve closed locked and tagged.

Inserting a suitable full-pressure spade or blank in piping between the flanges as close as practicable to the confined space (see Figure 5). The full-pressure spade or blank should be tagged to indicate its purpose.

Figure 5 Insertion of full pressure spade or blank. Nearest valve closed, locked and tagged. Spade is also tagged to indicate its purpose.

Insertion of full pressure spade or blank. Nearest valve closed, locked and tagged. Spade is also tagged to indicate its purpose.

Closing, locking and tagging at least two valves in the piping leading to the confined space (see Figure 6). A drain or vent valve between the two closed valves should be locked open to atmosphere as part of this method.

Figure 6 Closing, locking and tagging at least two valves

Closing, locking and tagging at least two valves.

Before entry is permitted to any confined space that can move, or in which agitators, fans or other moving parts that may pose a risk to workers are present, the possibility of movement should be eliminated.

Equipment or devices with stored energy, including hydraulic, pneumatic, electrical, chemical, mechanical, thermal or other types of energy, should be reduced to a zero energy condition so that no energy is left in devices and systems that could cause injury or illness.

If the confined space has agitators, blades and other moving equipment, consider chocking, wedging, chaining or removing these parts. Alternatively de-energise the equipment, lockout and tag out machinery, mixers, agitators and other equipment containing moving parts in the confined space. This may require additional isolation, blocking or de-energising of the machinery itself to guard against the release of stored energy.

When a lock is used, the key should be kept in the possession of the person placing the lock. Spare keys should not be accessible except in emergencies. The tag should indicate that a person is in the confined space and that such isolation should not be removed until all people have left the confined space.

Examples where this procedure may be used include:

an open circuit breaker or open isolating switch supplying electrical power to equipment with hazardous moving parts
where a power source cannot be controlled readily or effectively, requiring a belt or other mechanical linkage to be disconnected and tagged.

5.6 Atmosphere

A safe atmosphere must be ensured, so far as is reasonably practicable, during work in a confined space. A safe atmosphere in a confined space is one that:

has a safe oxygen level
is free of airborne contaminants or any airborne contaminants are in concentrations below their allowable exposure standard (if any)
any flammable gas or vapour in the atmosphere is at concentrations below 5% of its LEL.

A safe atmosphere can be achieved within the confined space using methods such as cleaning, purging and ventilation.

Purging

Purging is done using an inert gas, such as nitrogen, to clear flammable gases or vapours before work in the confined space begins.

After purging, the confined space should be adequately ventilated with sufficient fresh air to ensure that the inert gas is removed. Purging should be done in a way that ensures any contaminants removed from the confined space are expelled to a location where they present no further risk. Atmospheric testing should be carried out before entry to check that the ventilation has been effective.

When flammable contaminants are to be purged, purging and ventilation equipment designed for use in hazardous areas must be used. A hazardous area is an area in which an explosive atmosphere is present, or may be expected to be present, in quantities that may require special precautions for the construction, installation and use of potential ignition sources.

The WHS Regulations prohibit pure oxygen or gas mixtures with oxygen in concentration greater than 21% by volume being used for purging or ventilating a confined space because of the risk of increased flammability.

The space must be purged where a risk assessment identifies the potential for the confined space to contain an unacceptable level of contaminants.

Ventilation

Ventilation of a confined space with fresh air, by natural, forced or mechanical means, may be necessary to establish and maintain a safe atmosphere and temperature for as long as anyone is in the confined space.

If the confined space has sufficient openings then natural ventilation may be adequate, but in most cases mechanical ventilation is likely to be needed.

Consideration should also be given to where the fresh air is drawn from and where the exhaust air is finally vented to, so that the fresh air is not contaminated either by exhaust air or by other pollutants, and the exhaust air does not cause other risks.

Mechanical ventilation may be either local exhaust ventilation (LEV) or dilution ventilation. LEV is effective where the source of contaminant generation is localised, the extraction point can be located close to the source and adequate make-up air is available (for example, capture or extraction of welding fume).

Where dilution ventilation is used, air needs to be introduced in a way that will ensure effective circulation throughout the confined space, taking account of the configuration of the space, the position of the openings and the properties of the contaminants.

During operations likely to generate contaminants, mechanical ventilation equipment may not be adequate or sufficiently reliable to maintain contaminants at acceptable levels or to ensure a safe oxygen level. Where mechanical ventilation equipment is likely to be necessary to maintain acceptable contaminant levels in a confined space, the equipment should:

be monitored to ensure continuous operation while the confined space is occupied
have the controls (including any remote power supply) clearly identified, tagged and protected to guard against unauthorised interference.

Flammable gases and vapours

Regulation 72: A person conducting a business or undertaking must, while work is being carried out in a confined space, ensure that the concentration any flammable gas, vapour or mist in the atmosphere of the space is less than 5% of its LEL, so far as is reasonably practicable.

If it is not reasonably practicable, and the concentration of any flammable gas, vapour or mist in the atmosphere of the confined space:

is equal to or greater than 5% but less than 10% of its LEL—the person must ensure that any worker is immediately removed from the space unless a suitably calibrated, continuous-monitoring flammable gas detector is used in the space; or
is equal to or greater than 10% of its LEL—the person must ensure that any worker is immediately removed from the space.

Where a flammable atmosphere may exist in a confined space and there is a risk of fire and explosion, all ignition sources in the vicinity must be eliminated.

Examples of potential ignition sources, both inside and outside the space, include:

open flames and hot surfaces
electrical equipment
internal combustion engines
metal tools striking metal surfaces
spark-producing equipment for example grinding wheels
static electricity.

Respiratory protective equipment

If it is not reasonably practicable to ensure the confined space contains a safe oxygen level, or safe levels of airborne contaminants, then appropriate respiratory protective equipment must be provided. The respiratory protective equipment should be provided and worn in situations where there is no exposure standard for a substance, or where the substance is present in an unknown concentration.

Respiratory protective equipment refers to a range of breathing equipment, including air-supplied and self-contained breathing apparatus. The appropriate respiratory protective equipment should be based on the level and type of contaminants and the work to be done. Whenever there is any doubt about the type of respiratory protective equipment required, a conservative approach should be adopted (for instance, use air-supplied respiratory equipment).

Further guidance is available in AS/NZS 1715: Selection, use and maintenance of respiratory protective devices.

5.7 Communication and safety monitoring

Regulation 69: The person conducting a business or undertaking must ensure that a system of work is provided that includes:

continuous communication with the worker from outside the confined space
monitoring conditions within the confined space by a standby person who is in the vicinity of the confined space, and if practicable, observing the work being carried out.

A communication system is needed to enable communication between people inside and outside the confined space and to summon help in an emergency.

Depending on the conditions in the confined space, communication can be achieved by voice, radio, hand signals or other suitable methods.

Before a worker enters a confined space, a standby person must be assigned to continuously monitor the wellbeing of those inside the space, if practicable observe the work being carried out and initiate appropriate emergency procedures when necessary (see Figure 7).

The standby person should:

understand the nature of the hazards inside the particular confined space and be able to recognise signs and symptoms that workers in the confined space may experience
remain outside the confined space and do no other work which may interfere with their primary role of monitoring the workers inside the space
have all required rescue equipment (for example, safety harnesses, lifting equipment, a lifeline) immediately available
have the authority to order workers to exit the space if any hazardous situation arises
never enter the space to attempt rescue.

Figure 7 Standby person monitoring the confined space with rescue equipment and sign in place

Standby person monitoring the confined space with rescue equipment and sign in place.

5.8 Entry and exit procedures

For the entire period the confined space entry permit is valid, procedures should be in place to indicate when any worker is in the space, for example by using tags, a system of signing in and out on the entry permit, or having a standby person record who is in the space.

5.9 Signs and barricades

Before any work in relation to a confined space starts, signs must be erected to prevent entry of persons not involved in the work.

Signs must warn against entry by people other than those who are listed on the confined space entry permit, and must be placed at each entrance to the confined space. Signs must be in place while the confined space is accessible, including when preparing to work in the space, during work in the space and when packing up on completion of the work.

Signposting alone should not be relied on to prevent unauthorised entry to a potential confined space. Security devices, for example locks and fixed barriers, should be installed.

5.10 Information, instruction and training

Workers and their supervisors must have the skills and knowledge to understand the hazards associated with working in the confined space, the contents of any confined space entry permit, and the control measures implemented for their protection.

Training should be provided to workers who:

enter or work in confined spaces
undertake hazard identification or risk assessment in relation to a confined space
implement risk control measures
issue entry permits
act as a standby person or communicate with workers in a confined space
monitor conditions while work is being carried out
purchase equipment for confined space work
design or lay out a work area that includes a confined space.

Regulation 76: The training 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, use, fit, testing and storage of any personal protective equipment
the contents of any relevant confined space entry permit
emergency procedures.

Re-training or refresher training should be provided as appropriate for a particular workplace. The frequency of this training should depend on how often workers are required to carry out tasks associated with entry to or work in confined spaces.

Records of all training provided to workers in relation to confined space work must be kept for 2 years.

5.11 Maintenance of control measures

Proper maintenance of control measures is an integral part of any safe system of work. Maintenance may involve visual checks, inspections, testing of equipment, preventative maintenance and remedial work. Equipment that should be regularly inspected includes:

atmospheric testing and sampling equipment
personal protective equipment including respirators
ventilation equipment
safety harness and lines
emergency rescue equipment.

6. EMERGENCY PROCEDURES

Regulation 74: A person conducting a business or undertaking must establish first aid and rescue procedures to be followed in an emergency and ensure those procedures are practised as necessary to ensure that they are efficient and effective. First aid and rescue procedures must be initiated from outside the confined space as soon as practicable in an emergency.

The person conducting a business or undertaking must also ensure that openings for entry and exit are of a sufficient size to allow emergency access; openings are not obstructed; and any plant, equipment and personal protective equipment provided for first aid or emergency rescue are maintained in good working order.

When establishing emergency procedures, the following factors must be taken into account to manage risks associated with confined spaces:

whether the work can be carried out without the need to enter the confined space
the nature of the confined space
any changes in hazards associated with the concentration of oxygen or the concentration of airborne contaminants in the confined space
the work to be carried out in the confined space, the range of methods by which the work can be carried out and the proposed method of working
the type of emergency and rescue procedures required.

Consideration should also be given to the following:

Relevant considerations	Questions
Location of the confined space	What is the geographic location of the space, how accessible is it in an emergency and how far away is it from appropriate medical facilities?
Communications	How can workers working inside the space communicate to people outside in an emergency?<br>Exactly how will the alarm be raised and by whom?<br>Planning needs to ensure that rescue and emergency personnel can access the workplace during night shift, weekends and holiday periods.
Rescue and resuscitation equipment	What kinds of emergencies are contemplated?<br>The provision of suitable rescue and resuscitation equipment will depend on the potential emergencies identified. Selected rescue equipment should be kept in close proximity to the confined space so that it can be used immediately.
Capabilities of rescuers	Are rescuers properly trained, sufficiently fit to carry out their task and capable of using any equipment provided for rescue (e.g. breathing apparatus, lifelines and fire-fighting equipment)?<br>How will rescuers be protected during the emergency operation?
First aid	Is appropriate first aid available for immediate use?<br>Are trained first aid personnel available to make proper use of any necessary first aid equipment?
Local emergency services—if they are to be relied on for rescue	How will the local emergency services (e.g. fire brigade) be notified of an incident?<br>What information about the particular dangers in the confined space will be given to them on their arrival?<br>Have prior arrangements been made with local emergency services to ensure they are able to respond in a reasonable time and have the specialist confined space retrieval equipment readily available?

First aid and rescue procedures must be rehearsed with relevant workers to ensure that they are efficient and effective.

Rescue should be performed from outside the confined space, if possible. Workers performing rescue must be adequately trained. Rescuers must be provided with and wear appropriate respiratory protective equipment if they enter a confined space in an emergency.

If a person inside a confined space has been overcome by lack of oxygen or airborne contaminants, it should always be assumed that entry for rescue is unsafe unless air-supplied respiratory protective equipment is used.

Potential problems with the size of entrances and exits must be addressed when developing emergency and rescue procedures. Where openings are found to be inadequate, their size should be increased, or an alternative safe means of entry and exit should be provided.

7. HOW TO REVIEW CONTROL MEASURES

Control measures that have been implemented must be reviewed, and if necessary, revised to make sure they work as planned and to maintain, so far as is reasonably practicable, a work environment that is without risks to health and safety.

Regulation 38: A person conducting a business or undertaking must review and as necessary revise risk control measures:

when the control measure does not minimise the risk so far as is reasonably practicable
before a change at the workplace that is likely to give rise to a new or different health and safety risk that the control measure may not effectively control
if a new hazard or risk is identified
if the results of consultation indicate that a review is necessary
if a health and safety representative requests a review.

Control measures may be reviewed using the same methods as the initial hazard identification step.

In undertaking the review, consult workers involved in the confined space work and their health and safety representatives and consider the following questions:

Are the control measures working effectively in both their design and operation?
How effective is the risk assessment process? Are all hazards being identified?
Are workers actively involved in the risk management process? Are they openly raising health and safety concerns and reporting problems promptly?
Have new work methods or new equipment made the job safer?
Are safety procedures being followed?
Has instruction and training provided to workers been successful?
If new legislation or new information becomes available, does it indicate current controls may no longer be the most effective?
Is any change planned to any plant or structure that may create a confined space or change the nature of an existing confined space?
Has an incident occurred as a result of work carried out in a confined space?

If problems are found, go back to any point in the risk management process, review the information and revise any decisions about controls measures.

APPENDIX A – CONFINED SPACE CRITERIA

Confined space criteria Confined space?
Description of the space and activity A B C D If the answer to A, B, C and at least one of D is yes, then the space is a confined space.
Is the space enclosed or partially enclosed Is the space not designed or intended to be occupied by a person Is the space designed or intended to be, at normal atmospheric pressure while any person is in the space Does the space present a risk from:
Harmful airborne or flammable contaminants An unsafe oxygen level Engulfment
Sewer with access via a vertical ladder       Yes
Dislodging grain from a silo with sole access through a manhole at the top       Yes
Cleaning spilled cadmium pigment powder in a shipping container       Yes
Inspecting a fuel tank in the wing of an aircraft       Yes
Dislodging a sludge blockage in a drain pit       Yes
Internal inspection of a new, clean tank prior to commissioning       No
Internal inspection of an empty cement silo through a door at ground level       No
Stocktake using an LPG forklift in a fruit cool store       No
Installing insulation in a roof cavity       No

APPENDIX B – SAMPLE CONFINED SPACE ENTRY PERMIT

Sample confined space entry permit.

LIST OF AMENDMENTS

Date	Page Number	Amendments
19 February 2014	Front cover	Publication date changed from first published date of December 2011 to republished date of February 2014.
19 February 2014	10	Section 64 corrected to Regulation 64 in PDF version only.

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Work Health and Safety (Confined Spaces) Code of Practice 2015

made under the

Work Health and Safety Act 2011, section 274 (Approved Codes of Practice)

1 Name of instrument

This instrument is the Work Health and Safety (Confined Spaces) Code of Practice 2015.

2 Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Code of Practice Approval

I approve the Confined Spaces Code of Practice. I am satisfied that this code of practice was developed by a process described in section 274(2) of the Work Health and Safety Act 2011.

Michaelia Cash

Minister for Employment

18 March 2016

Date

CONFINED SPACES

Code of Practice

TABLE OF CONTENTS

FOREWORD

1. INTRODUCTION

1.1 What is a confined space?

Several recurring, foundational concepts shape the Code. They are defined and anchored to specific regulations and appendices in the Code.

Confined space definition and character

A confined space is defined by Regulation 5 as an enclosed or partially enclosed space that is not primarily designed for occupancy, is at normal atmospheric pressure while a person is in it, and is, or is likely to be, a risk to health and safety because of an unsafe oxygen level, contaminants (including risks of fire or explosion), harmful concentrations of airborne contaminants, or risk of engulfment. The Code emphasises that classification turns on the combination of structural features and specific circumstances (1.4; Appendix A).
The Code lists common examples (tanks, silos, pits, pipes, sewers, pressure vessels) and explicitly excludes mine shafts or mine workings from the WHS Regulations’ confined space definition (1.1).

Risk management framework and hierarchy of control

The Code maps the general WHS risk-management obligations (identify hazards; eliminate the risks so far as is reasonably practicable; if not practicable, minimise using hierarchy of controls; maintain controls; review and revise) to confined-space work (Regulations 34-38, 5.1 and 5.3). The hierarchy is spelled out: eliminate where reasonably practicable, then substitute/isolate/engineer, then administrative controls and PPE as last resort (5.1-5.3).

Practical tools: risk assessments, entry permits and records

A confined space risk assessment must be undertaken by a competent person and recorded in writing (Regulation 66). The Code provides a list of assessment considerations (chapter 4) and allows generic risk assessments for classes of identical confined spaces, subject to limitations (chapter 4).
Entry to a confined space is prohibited unless a confined space entry permit has been issued (Regulation 67). The permit must be in writing, be issued by a competent person, specify the space, the persons permitted, the timeframe and the risk control measures, and must be kept until completion or retained for longer if a notifiable incident occurs (Regulation 67; Regulation 77). The Code provides a sample permit (Appendix B).

Atmospheric testing, flammability limits and respiratory protection

Air monitoring/testing is mandated where there is uncertainty about exposure, or where monitoring is necessary to determine risk (Regulation 50). The Code requires testing for oxygen content, flammables and specific contaminants (chapter 4). It insists testing must not rely on human senses and that initial tests be performed from outside the space where practicable (chapter 4).
Flammable atmospheres are regulated: while work is being carried out, the concentration of any flammable gas, vapour or mist must be less than 5% of the LEL as far as reasonably practicable; thresholds for worker removal are set at ≥5% and <10% LEL (require removal unless continuous calibrated monitoring is used) and ≥10% LEL (immediate removal) (Regulation 72).
When safe atmosphere cannot be achieved, appropriate respiratory protective equipment (including air-supplied or SCBA where needed) must be provided (5.6).

Designers’ and manufacturers’ duties

Designers, manufacturers, importers, suppliers and installers must eliminate the need to enter confined spaces and eliminate the risk of inadvertent entry, or if not reasonably practicable, minimise the need, design safe access and minimise risks to entrants (Regulation 64; 2.1-2.2). The Code lists design features (access points, cleaning outlets, lining materials, fixed ladders, platforms, spacing of access holes) that reduce later operational risk.

Operational controls and personnel roles

Key operational controls include isolation and lock/tag/blanking methods to prevent the introduction of contaminants or the energisation of plant (5.5); purging and ventilation methods and their constraints (5.6); use of a standby person and continuous communications (Regulation 69; 5.7); signage, barricades and exclusion of unauthorised entry (5.9); training obligations (Regulation 76; 5.10); maintenance of controls (5.11); and rehearsed emergency procedures initiated from outside the space (Regulation 74; chapter 6).

Records, retention and competency

Risk assessments and entry permits are records with minimum retention periods: a risk assessment copy for 28 days and longer (2 years) if a notifiable incident occurs (Regulation 77); entry permits kept until completion or 2 years after if a notifiable incident occurs (Regulation 77). Training records must be kept for 2 years (5.10).

Interactional concepts

The Code insists on consultation with workers (Section 47) and with health and safety representatives (Section 48), and coordination where multiple PCBUs have overlapping duties (Section 46). It stresses that the same structure may or may not be a confined space depending on the task and the atmospheric or other hazards present at the time (1.4).

These concepts are consistently implemented via mandatory regulatory references (the Code repeatedly cites specific WHS Regulations and sections), practical examples, and templates. The Code’s workplace logic is to turn statutory duties into procedural steps that can be audited and enforced, while allowing PCBUs to adopt alternative standards that achieve equivalent or better protection.

The Code identifies and addresses a range of duty holders and stakeholders. Its Scope and the distribution of obligations across chapters allow us to set out precisely who is covered and in what ways.

Persons conducting a business or undertaking (PCBUs)

Primary duties are owed by a PCBU who has management or control of a confined space. The Code applies to PCBUs with management or control of the space and sets out the obligations they must meet for identifying hazards, risk assessment, elimination/minimisation via hierarchy of controls, issuing entry permits, maintaining atmospheric safety, emergency planning and record-keeping (Scope; Regs 34-38; 66; 67; 72; 74; 77).

Designers, manufacturers, suppliers, importers and installers

Chapter 2 and Regulation 64 place obligations on designers, manufacturers, importers, suppliers and installers: they must eliminate the need to enter a confined space and eliminate the risk of inadvertent entry or, if not reasonably practicable, minimise entries, ensure safe means of access and minimise health and safety risks for entrants (Regulation 64; 2.1-2.2). The Code lists specific design features and lifecycle considerations that these parties must incorporate.

Workers

Workers must take reasonable care for their own health and safety, ensure their actions do not adversely affect others, comply with reasonable instructions and follow confined space entry permit conditions and emergency procedures. The Code highlights training obligations for workers who enter spaces, issue permits, act as standby persons, perform monitoring or rescue, or purchase confined space equipment (Worker duties summarised in 1.2 and training at 5.10).

Officers

The Code notes officers (for example company directors) have a due diligence duty to take reasonable steps to ensure the business has appropriate resources and processes to eliminate or minimise confined space risks (1.2). That duty flows from officer obligations under the WHS Act and is linked in the Code to ensuring systems are in place for confined space compliance.

Health and safety representatives (HSRs) and worker representatives

The Code specifies consultation requirements, including s47 and s48 references; it requires PCBUs to consult workers likely to be directly affected and involve HSRs where they are appointed. Consultation is an explicit part of the risk management process (Consulting your workers).

Emergency services and rescuers

Emergency service workers are identified in the Code as having limited exceptions: the Code notes emergency service personnel are not required to comply with some requirements for entering confined spaces when rescuing or providing first aid (WHS Regulations 67 and 68 are referenced). However the Code requires PCBUs to plan and rehearse rescue procedures, be clear about whether emergency services will be relied on, and ensure information is available to responders (chapter 6). It also emphasises rescuers should be trained and protected and must not assume a rescue without air-supplied respiratory protection unless safe.

Multiple duty-holders, contractors and site operators

Where more than one person has a duty in relation to a confined space (for example a plant owner and a contractor simultaneously doing work in the same space), each duty holder must consult, cooperate and coordinate activities so far as is reasonably practicable (Section 46; Consulting, co-operating and co-ordinating activities). The Code gives examples where both the owner of the plant and an engaged contractor will have overlapping management or control obligations.

Design and construction industry vs operations and maintenance

The Code separates lifecycle obligations: designers/manufacturers must consider whole-of-life risks to reduce the need for entry (Regulation 64 and chapter 2), while operational PCBUs must manage day-to-day entry risks, training, permits, isolation and emergency arrangements (chapters 4-6). This distinction assigns preventive responsibility upstream and operational responsibility downstream.

Workplaces expressly outside the confined space scope

The Code specifies what is not a confined space for WHS Regulation purposes: mine shafts and mine workings are excluded; places designed for human occupancy with adequate ventilation and exits (offices, workshops) are generally not confined spaces; spaces designed to be occasionally occupied with a ground-level doorway may be excluded even if hazardous at times (1.1).

Who bears costs and responsibilities

The Code identifies who must decide (PCBUs, designers etc.), who must act (competent persons, standby persons, those issuing permits), and who bears the cost of compliance in practice (the PCBU that owes the primary duty and designers/manufacturers bearing design-stage duties). It requires competency, equipment, training and maintenance which create ongoing compliance and administrative burdens for duty holders.

In short, the Code affects any PCBU with management or control of a confined space, upstream actors who design or supply such spaces, workers and their representatives who use or are affected by those spaces, and emergency services that may be called on in an incident. The Code also formalises the interactional duties where multiple PCBUs have overlapping responsibilities.

The Code translates WHS statutory duties into concrete obligations and permissible practices. The text repeatedly cross-references the WHS Act and Regulations to make clear which actions are mandatory and which are recommended. Below are the principal duties and the rights the Code recognises and protects, with references to the Code’s regulatory anchors.

Core duties of the PCBU with management or control of a confined space

Identify reasonably foreseeable hazards that could give rise to risk in a confined space (Regulation 34; chapter 3).
Eliminate risks so far as is reasonably practicable; where elimination is not reasonably practicable, minimise risks using the hierarchy of controls and maintain implemented control measures so they remain effective (Regulations 34-38; 5.1-5.3).
Ensure that a worker does not enter a confined space until all duties have been complied with, including issuing a confined space entry permit (Regulation 67; 1.3; 5.4).
Ensure atmospheric safety during entry and while work is being carried out, including meeting flammable atmosphere limits (Regulation 72; 5.6).
Ensure air monitoring where necessary to determine airborne concentrations or exposure (Regulation 50; chapter 4).
Provide communication and safety monitoring systems, including appointing and supporting a standby person who remains outside the space (Regulation 69; 5.7).
Establish first aid and rescue procedures, ensure they are practised and ensure that entry and exit openings are sufficient, unobstructed and that rescue equipment is maintained (Regulation 74; chapter 6).
Provide training for all relevant roles and maintain training records for 2 years (Regulation 76; 5.10).
Maintain and review controls and risk assessments, and revise them when controls are ineffective, circumstances change, new hazards arise, or on request by HSRs (Regulation 38; chapter 7).

Designer/manufacturer/importer/supplier/installer duties

Eliminate the need to enter confined spaces and eliminate the risk of inadvertent entry at the design and manufacture stage; if elimination is not reasonably practicable, then minimise entry, design safe means of entry/exit, and minimise health and safety risks (Regulation 64; chapter 2). The Code directs design features such as cleaning outlets, durable linings, unobstructed access points, and adequate openings for rescue.

Competency requirements and documentation

Risk assessments must be undertaken by a competent person and recorded in writing; the Code gives retention rules (Regulation 66; Regulation 77). Entry permits must be issued by a competent person and must be in writing, specify the space and persons, and set out control measures (Regulation 67; 5.4). Training for those issuing permits and carrying out confined space tasks is mandatory (Regulation 76).

Rights to consultation and coordination

Workers have a right to consultation on health and safety matters that directly affect them (Section 47). Where workers are represented by HSRs, consultation must involve those representatives (Section 48). Where multiple duty holders share duties in relation to the same matter, each must, so far as reasonably practicable, consult, cooperate and coordinate activities with the others (Section 46).

Limits and exemptions

The Code records that emergency service workers are not required to comply with some confined-space entry requirements when rescuing or providing first aid (WHS Regulations 67 and 68 as referenced in 1.2). However, the Code also instructs PCBUs to plan for rescue and to liaise with emergency services in advance where reliance on them is contemplated (chapter 6).

Record-keeping and retention rights/duties

The Code prescribes retention: a copy of the risk assessment must be kept for 28 days, or for two years if a notifiable incident occurs connected with the work to which the assessment relates; permits must be kept until work completion, or two years after completion if a notifiable incident occurs (Regulation 77; chapter 4; 5.4). Training records must be kept for two years (5.10).

Operational constraints that bind PCBUs

Atmospheric constraints are binding in operation: Regulation 72 sets the flammable atmosphere thresholds and prescribes removal or monitoring requirements. Purging must be followed by ventilation to remove inert gas; pure oxygen and oxygen-rich mixtures over 21% by volume are prohibited for purging/ventilating because of fire risk (5.6).

Enforceability and evidentiary status

The Code is admissible in court and courts may regard it as evidence of what is known about hazards and controls and rely on it in determining what is reasonably practicable (Foreword). Inspectors may use the Code when issuing improvement or prohibition notices. The Code emphasises that following it will, in most cases, achieve compliance with the health and safety duties in the WHS Act; nevertheless PCBUs remain free to adopt other methods that provide equivalent or higher protection (Foreword).

Practical procedural duties

Specific, actionable duties include issuing an entry permit before any entry (Regulation 67), conducting air monitoring where uncertainty exists (Regulation 50), appointing and supporting a standby person and continuous communications (Regulation 69), isolating services and stored energy by lock, tag or blanking (5.5), and conducting rehearsed rescue procedures initiated from outside the space (Regulation 74).

In combination, the Code turns statutory obligations into a set of procedural "musts" and "shoulds" that allocate responsibility to PCBUs, designers and other duty-holders, protect worker consultation rights, and supply the evidentiary basis that inspectors and courts may use when assessing compliance.

The Code itself is a guidance instrument approved under section 274 of the WHS Act and does not list specific monetary penalties or criminal sanctions. The Code explains its enforcement and evidentiary role and how inspectors and courts may use it; it situates enforcement within the WHS Act and Regulations rather than creating separate sanctions. Key enforcement-mechanism points stated in the Code are the following.

Admissibility and evidentiary weight

The Foreword states that an approved code of practice is admissible in court proceedings under the WHS Act and Regulations and that courts may regard the Code as evidence of what is known about a hazard, risk or control and may rely on the Code in determining what is reasonably practicable in the circumstances. This is an express delegation of evidentiary weight to the Code (Foreword).

Inspector use: improvement and prohibition notices

The Foreword also states that an inspector may refer to an approved code of practice when issuing an improvement or prohibition notice. That means inspectors can use the Code when forming the view that a duty holder must correct a breach (improvement notice) or cease an activity posing serious risk (prohibition notice). The Code does not specify procedural detail for notices; those are matters embedded in the WHS Act and Regulations.

Relationship to offences and compliance outcomes

The Code says that following it will, in most cases, achieve compliance with the WHS Act and Regulations. That is a practical statement: adherence to the Code is a defensible compliance strategy, but the Code also allows for other methods if they provide equivalent or higher safety levels. The presence of the Code therefore creates a functional benchmark against which compliance may be measured in enforcement and litigation.

Record-keeping and inspectorial audit

The Code imposes record-keeping obligations with retention periods (risk assessments: keep copy for 28 days or 2 years after a notifiable incident; entry permits: keep until work completion or 2 years if notifiable incident; training records: 2 years) (Regulation 77; 5.4; 5.10). Those records are the items inspectors will typically request in audits and investigations.

Operationally enforceable provisions referenced in the Code

While the Code itself is guidance, it repeatedly references specific Regulations that impose enforceable duties. Examples:
- Regulation 5 defines confined space.
- Regulation 50 requires air monitoring where uncertainty exists or monitoring is necessary to determine risk.
- Regulation 66 requires a risk assessment by a competent person.
- Regulation 67 prohibits allowing or directing a worker to enter a confined space unless a confined space entry permit has been issued.
- Regulation 72 prescribes mandatory limits and actions for flammable atmospheres.
- Regulation 74 requires establishing first aid and rescue procedures and practising them.
- Regulation 76 sets training requirements.

No penalty schedule in the Code itself

The Code does not provide a schedule of fines, criminal penalties or penalty units. Enforcement (including notices, prosecutions and penalties) is undertaken under the WHS Act and Regulations, and the Code serves as a statutory-adjacent source of technical guidance and evidence in those processes.

Implementation risk and inspector discretion

Because courts and inspectors may treat the Code as evidence of what is reasonably practicable, its detailed prescriptions (for example on testing patterns, lockout/tagout methods, or minimum elements of an entry permit) create de facto benchmarks. Where PCBUs choose alternative methods, those methods must demonstrably achieve equivalent or better safety to avoid adverse findings by inspectors or courts. The Code points to this risk by noting courts may rely on it in determining what is reasonably practicable (Foreword).

In short, the Code functions as an enforcement adjunct: it is not itself the source of criminal penalties but carries significant weight in enforcement, audit and litigation because it states accepted methods for meeting regulatory duties and it is admissible as evidence that courts and inspectors may rely on when assessing whether a duty-holder met the standard of reasonably practicable action.

The Code is expressly designed to operate alongside the WHS Act and Regulations and with recognised standards and other Safe Work Australia Codes. The document repeatedly cross-references statutory provisions and industry standards; it permits alternative methods of compliance where they meet or exceed the protection of the Code. The following interactions are important to note.

Primary statutory framework: WHS Act and WHS Regulations

The Code was made under section 274 of the WHS Act (Foreword, opening material) and frequently cites specific WHS Regulations (for example Regulation 5 definition of confined space; Regulation 50 air monitoring; Regulation 64 designer duties; Regulation 66 risk assessments; Regulation 67 permits; Regulation 72 flammable atmosphere limits; Regulation 74 emergency procedures; Regulation 76 training; Regulation 77 record-keeping). The Code’s operational recommendations are framed as ways to meet the duties imposed by the Act and Regulations.

Evidentiary and enforcement interplay

The Code clarifies that it is admissible in proceedings under the WHS Act and Regulations, and inspectors may use it when issuing notices. Thus the Code feeds directly into enforcement outcomes under the primary statute (Foreword).

Compatibility with other standards and Codes

The Foreword explicitly allows PCBUs to comply with the WHS Act and Regulations by following other methods, such as technical or industry standards, if they provide an equivalent or higher standard of safety. The Code itself references Australian Standards where relevant (for example AS 1657 for fixed platforms, walkways, stairways and ladders; AS/NZS 1715 for respiratory protective devices), and cross-links to Safe Work Australia Codes on managing WHS risks, consultation, noise, hazardous manual tasks, managing the work environment and facilities, and others. This means PCBUs may adopt a mixture of the Code’s guidance and other regulated standards provided equivalence can be demonstrated.

Relationship to mine safety law

The Code expressly excludes mine shafts and mine workings from the confined space definition for the purposes of the WHS Regulations (1.1). As a result, interactions with mine-specific safety regimes (which may be governed by different law or regulations) are outside the Code’s scope.

Emergency services and statutory exceptions

The Code recognises that WHS Regulations provide specific exceptions for emergency service workers when rescuing or providing first aid (WHS Regulations 67 and 68 referenced at 1.2). The Code’s recommendations about rescue planning and liaising with local emergency services reflect this interaction: PCBUs should make arrangements with local services and provide information on arrival.

Workplace and civil liabilities

The Code may be used as evidence in civil litigation and in regulatory proceedings under the WHS Act. It therefore affects civil liability exposure because courts may rely on the Code in determining whether a duty holder took reasonably practicable steps. The Code does not displace common law duties but supplies technical benchmarks that will be persuasive in negligence or workplace compensation litigation.

Records and privacy regimes

The Code prescribes record retention for risk assessments, permits and training records. Those retention requirements intersect with privacy and document-management obligations that PCBUs must manage, although the Code does not itself address privacy laws,the obligation to retain these records must be balanced with applicable privacy or data-protection obligations in other statutes or policies.

Industry-specific legislation and standards

Because the Code allows alternative compliance methods that achieve equivalent safety, PCBUs operating in sectors governed by other industry-specific legislation (for example food safety, chemical-handling, transport) must ensure that the adopted combination of standards meets WHS obligations as interpreted with the Code as an evidentiary benchmark.

In short, the Code operates as practicable, technical guidance within the WHS Act/Regulations framework, links to recognised Australian Standards and Safe Work Australia Codes, and is positioned to be used by inspectors and tribunals to interpret statutory duties. Where other laws apply (mining regimes, privacy, industry rules), duty-holders must manage cross-compliance while bearing in mind the Code’s evidentiary status.

The Code includes a short List of Amendments in the document. The entries supplied in the instrument are as follows.

19 February 2014, Front cover: Publication date changed from first published date of December 2011 to republished date of February 2014.
19 February 2014, Page 10: Section 64 corrected to Regulation 64 in PDF version only.

The instrument heading itself identifies the document as the Work Health and Safety (Confined Spaces) Code of Practice 2015 and includes an approval signature block dated 18 March 2016. The Code’s commencement clause states it commences the day after registration on the Federal Register of Legislative Instruments. The List of Amendments table appears to record earlier republishing activity and an editorial correction to the PDF version. The instrument does not include later amendment entries in the List of Amendments beyond those two items.

Mechanically, these amendment entries have two implications that a compliance officer or legal adviser should note.

Version control and citation practice
- The List of Amendments records a republished date and a PDF correction. When citing the Code in audits, risk assessments or legal documents, practitioners should confirm they are using the correct edition/version and record the publication date they relied upon. The instrument itself declares approval and a date in March 2016. The Code does not itself provide a consolidated list of textual changes beyond the two entries recorded.
Editorial corrections vs substantive change
- The listed items appear editorial (publication date change; a heading correction from Section 64 to Regulation 64 in a PDF). The Code contains no entry in the List of Amendments indicating substantive policy changes, added duties, changed thresholds or altered regulatory obligations in the entries shown. Practically, that means users should treat the Code as a stable guidance document for the matters it addresses but verify there have been no later amendments, replacement codes or regulatory changes in the WHS Act/Regulations outside the document extract provided.

The Code emphasises that it is a Safe Work Australia model code intended for adoption by the Commonwealth, state and territory governments. The Foreword records a public consultation process (draft released 7 December 2010; endorsement by Workplace Relations Ministers’ Council 10 August 2011) and Safe Work Australia endorsement. That provenance suggests the Code may have been republished or edited around the dates shown; users should check the version on the Federal Register and the Safe Work Australia website for any subsequent formal amendments or replacement instruments beyond what appears in this document.

The Code contains explicit statements about how it may be used in litigation, but it does not contain or reference any judicial decisions or a litigation history. The document provides the following points relevant to litigation without naming any cases.

Admissibility and evidentiary weight: The Foreword states that an approved code of practice is admissible in court proceedings under the WHS Act and Regulations, and that courts may regard the Code as evidence of what is known about a hazard, risk or control and may rely on the Code when determining what is reasonably practicable. That makes the Code an evidentiary instrument that parties and adjudicators may use in regulatory prosecutions and civil litigation stemming from workplace incidents.
Inspector reliance: The Foreword states an inspector may refer to a code of practice when issuing improvement or prohibition notices. Such notices commonly form the basis of regulatory enforcement action that may lead to court proceedings, where the Code’s guidance could be called on by either side.

The Code itself does not list any judicial decisions that have relied on it, nor does it provide examples of enforcement actions that used the Code as primary evidence. There are no named cases, no descriptions of appellate treatment, and no discussion of how courts have weighed adherence to the Code against alternative compliance methods in the text provided. The absence of such material in the Code means:

The Code can and should be treated as a likely persuasive source of technical guidance in litigation under the WHS Act, but the extent to which a court will adopt its recommendations in any given case depends on the court’s fact-specific assessment of what is reasonably practicable.
Practitioners cannot point to judicial interpretations or precedents contained in the Code itself; any reliance on prior case law must come from external legal research, not the Code text.

For users preparing for enforcement risk or civil litigation, the practical takeaway from the Code’s own text is that it will be treated as admissible and likely persuasive evidence of accepted safe practices. The Code therefore functions as a benchmark, even if it does not itself catalogue litigation outcomes.

The Code contains numerous practical traps for duty-holders who assume simple measures will discharge obligations. The following are concrete “gotchas” drawn from the Code text that create either implementation risk, compliance pitfalls or potential evidentiary problems if overlooked.

Classification is circumstance-dependent

A structure may or may not be a confined space depending on the circumstances when work is done. The same space can be a confined space for one task and not for another. The Code emphasises that temporary measures (such as temporary ventilation or a satisfactory pre-entry gas test) do not declassify a confined space: declassification requires sufficient changes in structure and use to eliminate all inherent hazards (1.4). Gotcha: assuming a short-term ventilation treatment removes the regulatory status and duties.

Entry is triggered by partial entry

Entry is considered to have occurred when a person’s head or upper body enters the space (1.4). Gotcha: tasks involving partial entry (inspections, sampling) still require the same permit and procedural obligations as full entry.

Permits are required even for initial hazard identification

A confined space entry permit is also required when a person enters a confined space to conduct the initial hazard identification or risk assessment. The permit may need revision after assessment (5.4). Gotcha: assuming the first probe or survey is exempt from permit requirements.

Temporary measures do not remove responsibilities for maintenance and monitoring

Temporary purging, forced ventilation or cleaning prior to entry do not remove the PCBU’s obligations to test, continuously monitor if indicated and maintain controls during the entire period workers are in the space (4: Atmospheric testing and monitoring; 5.6 Ventilation). Gotcha: relying solely on pre-entry tests without continuous monitoring where conditions can change.

Air monitoring competence and testing points

Air monitoring must be carried out by a competent person with suitable, calibrated detectors and initial testing should be performed from outside the space using probes at appropriate access points and sampling points top-to-bottom and side-to-side (chapter 4). Gotcha: testing only near the access opening or relying on senses, which the Code expressly forbids.

Flammable atmosphere thresholds have operational consequences

Regulation 72 requires flammable gas/vapour concentration to be less than 5% LEL as far as reasonably practicable. If concentration is ≥5% but <10% LEL, workers must be immediately removed unless a suitably calibrated continuous-monitoring flammable gas detector is used; if ≥10% LEL, workers must be immediately removed (5.6). Gotcha: not having continuous calibrated monitoring as fallback when concentrations fluctuate, or failing to remove workers at the prescribed thresholds.

Lockout and isolation specifics matter

The Code lists specific isolation methods (blanking, full-pressure spades, closing/locking/tagging at least two valves and locking open a vent between them) and requires supervision/checking at each isolation point (5.5). Gotcha: assuming a single closed valve is adequate or omitting tagging and lock control systems; the Code provides concrete methods that may be treated as benchmark practice.

Standby person must remain outside and must not attempt rescue without protection

The Code instructs that the standby person should remain outside the confined space, should not perform other work that interferes with monitoring, must have rescue equipment immediately available and should never enter the space to attempt rescue (5.7). Rescuers must be trained and wear appropriate respiratory protection if they enter (chapter 6). Gotcha: informal rescues by untrained staff can create additional fatalities and liability.

Purging constraints and oxygen risk

Purging with inert gas (e.g. nitrogen) must be followed by ventilation to remove the inert gas; the WHS Regulations prohibit pure oxygen or gas mixtures with oxygen concentration greater than 21% by volume for purging/ventilating because of increased flammability risk (5.6). Gotcha: using oxygen-enriched mixtures for purging or failing to ventilate inert gases out after purging can create asphyxiation or flammability hazards.

Generic risk assessments are limited

The Code allows a generic risk assessment for a class of identical confined spaces only where the hazards covered are the same. If there is any likelihood a worker will be exposed to greater, additional or different risks, a specific assessment is required (chapter 4). Gotcha: using a sweeping generic assessment across non-identical locations.

Record-keeping retention nuance

Risk assessments must be retained for 28 days or for two years where a notifiable incident occurs; entry permits must be kept until completion, or two years after completion if a notifiable incident occurs (Regulation 77; 5.4). Gotcha: failing to preserve records in an incident may harm defence or compliance proof.

Rescue reliance on external emergency services requires planning

The Code requires PCBUs to consider whether local emergency services will be relied on, to notify them in advance, make information available on arrival, and ensure prior arrangements where reliance on external rescue is contemplated (chapter 6). Gotcha: assuming emergency services will be able to respond immediately without prior arrangements.

Design duty is forward-looking and can increase up-front costs

Designers and manufacturers must eliminate the need to enter confined spaces or eliminate the risk of inadvertent entry (Regulation 64). Gotcha: retrofitting or redesign costs and lifecycle planning obligations may not be anticipated by organisations focused only on day-to-day operational compliance.

Training and competency expectations

Training must cover the nature of hazards, appropriate risk control measures, PPE selection/fit/testing, the contents of any confined space entry permit, and emergency procedures (Regulation 76). Competency applies to persons issuing permits and conducting risk assessments. Gotcha: treating basic toolbox talks as sufficient, or not maintaining retraining intervals commensurate with task frequency.

Signs and barricades are necessary but not sufficient

The Code emphasises signs must be used and placed at each entrance and be in place for the entire period the space is accessible, but signposting should not be relied on alone to prevent unauthorised entry; locks and fixed barriers should be used (5.9). Gotcha: over-reliance on signage without physical controls.

These gotchas are concrete mechanisms by which compliance may fail or be treated as deficient by inspectors or courts. The Code itself warns that following its practical steps is the typical route to compliance and that duty-holders must consider all hazards, not only those explicitly listed.

Below is a practical, step-by-step compliance playbook grounded in the Code’s mandatory references and procedural detail. It is structured to align with the Code’s risk-management flow: identification, assessment, control, documentation, monitoring and review.

Confirm the instrument and version you are following
- Verify you are using the current approved Code of Practice version (instrument heading and List of Amendments) and obtain the version as published on the Federal Register or Safe Work Australia website. The Code was approved under s274 of the WHS Act and indicates a commencement rule in the instrument.
Determine whether the space is a confined space (Regulation 5; 1.4; Appendix A)
- Apply the confined space criteria in Regulation 5: enclosed or partially enclosed; not designed primarily for occupancy; is at normal atmospheric pressure while a person is in it; and has or is likely to have hazards (unsafe oxygen level, flammable or harmful airborne contaminants, or risk of engulfment).
- Use Appendix A flowchart and examples. Remember that classification is circumstance-dependent; temporary ventilation does not declassify a space.
Consult workers and coordinate with other duty-holders (s47, s48, s46)
- Consult workers likely to be affected and involve HSRs where present. Where multiple PCBUs have overlapping duties, document coordination agreements and clarify who controls what aspects (isolation, permit issuing, rescue arrangements).
Conduct a written risk assessment by a competent person (Regulation 66)
- Record the assessment in writing and include the Code’s recommended considerations: atmospheric conditions, risk of engulfment, planned work activities, number of entrants, structural soundness, substances previously contained, need for purging/cleaning/hot work, emergency arrangements, physiological/psychological demands, PPE availability and suitability.
- Test atmospheres (oxygen, flammables, specific contaminants) with calibrated detectors operated by competent personnel (Regulation 50; chapter 4). Use sampling probes to test top-to-bottom and side-to-side from outside where practicable. Never rely on senses.
Retain risk assessment records as required (Regulation 77)
- Keep a copy for at least 28 days, or 2 years after a notifiable incident connected to the work. Ensure records are retrievable for inspections.
Apply the hierarchy of control and design out the need to enter where reasonably practicable (5.1; Regulation 64 for designers)
- Eliminate the need for entry using design solutions (cleaning outlets, remote inspection, remote clearing tools). If elimination is not reasonably practicable, implement substitution, isolation or engineering controls. Use PPE and administrative controls only where higher-order measures cannot remove the risk.
Prepare and issue a confined space entry permit before any entry (Regulation 67; 5.4)
- Ensure the permit is completed in writing by a competent person and contains the confined space identification, names of entrants, timeframe, specified control measures (isolation, purging, ventilation, atmospheric testing, ongoing monitoring, PPE) and space for sign-off that all persons left on completion.
- Maintain the permit on site during the work and retain it according to Regulation 77 (until completion or for 2 years if a notifiable incident occurs).
Implement isolation and lockout controls (5.5)
- Physically isolate piping and services by appropriate methods (capping, full-pressure spade, closing/locking and tagging at least two valves with a drain/vent locked open between them), supervised checks at isolation points, and procedures ensuring isolation is not removed until work completion.
- Reduce equipment to a zero-energy condition, chock or remove moving parts where necessary, and ensure lock keys are controlled by the person placing the lock.
Ensure a safe atmosphere or provide appropriate respiratory equipment (5.6)
- If a safe atmosphere cannot be ensured, provide appropriate respiratory protective equipment based on contaminant type and level, favouring air-supplied equipment where doubt exists. Be aware of flammable atmosphere rules (Regulation 72): keep flammable gases <5% LEL where reasonably practicable and remove workers as required at the 5% and 10% thresholds unless continuous calibrated monitoring is in place.
Ventilate and purge correctly (5.6)
- Use mechanical ventilation where necessary; ensure ventilation supply and exhaust locations do not draw contaminated air into breathing zones or cause other risks.
- If purging with inert gas, ensure subsequent ventilation to remove inert gas; do not use oxygen or oxygen-enriched mixtures (>21% oxygen) for purging/ventilating.
Establish communications and standby person arrangements (Regulation 69; 5.7)
- Assign a competent standby person who remains outside the confined space, continuously monitors entrants and, where possible, observes work. Provide immediate access to rescue equipment and the authority to order evacuation. Ensure communications systems (voice, radio or other suitable methods) are reliable for the site.
Signage, access control and exclusion (5.9)
- Erect signs at each access point warning that only people listed on the permit may enter. Use locks and fixed barriers in addition to signage to prevent unauthorised entry while the space is accessible.
Training and competency (Regulation 76; 5.10)
- Provide role-specific training covering hazards, control measures, PPE selection/fit/testing, permit contents and emergency procedures. Train entrants, permit issuers, standby persons, persons doing monitoring, and rescuers. Keep training records for 2 years.
Emergency procedures and rescue readiness (Regulation 74; chapter 6)
- Establish rehearsed first aid and rescue procedures initiated from outside the space. Ensure openings are sufficient for rescue and maintain rescue equipment. Plan for local emergency service involvement and make prior arrangements where reliance is contemplated. Train and fit rescuers with appropriate respiratory protection if they enter.
Continuous monitoring and equipment maintenance (4; 5.6; 5.11)
- Where assessment indicates, perform continuous atmospheric monitoring using calibrated equipment. Maintain and test atmospheric detectors, respirators, ventilation equipment, safety harnesses and rescue equipment regularly. Keep logs of maintenance and calibration to produce in audits.
Review and revise controls (Regulation 38; chapter 7)
- Review control measures if they fail to minimise risk, before changes at the workplace that could introduce new risks, when new hazards are identified, where consultation indicates review is necessary, or when an HSR requests a review. Re-test and re-issue permits as required.
Document and preserve evidence of due diligence (1.2; officer duties)
- Officers should ensure the business has appropriate resources and processes, and keep records demonstrating due diligence: documented risk assessments, copies of permits, training logs, maintenance/calibration certificates, emergency plans, consultation records and contract coordination with other PCBUs.
Special considerations for designers and manufacturers (Regulation 64; chapter 2)
- At the design and manufacture stage, incorporate cleaning access, durable linings, provisions for remote cleaning, and safe access that allows rescue. Where possible, design to eliminate or minimise foreseeable confined space entries; document design rationale and risk-reduction features.
Prepare for audits and inspections
- Maintain an audit trail: risk assessments, permits, continuous-monitoring logs, calibration certificates, isolation/lockout records, training certificates and emergency drill records. Be prepared to show how alternative standards (if used) provide equivalent or higher protection than the Code.

This compliance playbook is a practical rendering of the Code’s mandatory and recommended steps. Following these steps aligns a PCBU’s operational procedures with the Code’s guidance and with the Regulations the Code references. Where an alternative approach is taken, document the basis for equivalence or superiority to the Code’s methods and be prepared to justify that position to inspectors or in court, because the Code is admissible as evidence of accepted practice.

Deep Dive

What it does

Current sections

Work Health and Safety (Confined Spaces) Code of Practice 2015

FOREWORD

Scope and application

How to use this Code of Practice

1. INTRODUCTION

1.1 What is a confined space?

What is not a confined space for the purposes of the WHS Regulations?

1.2 Who has health and safety duties in relation to a confined space?

1.3 What is required in managing risks?

Consulting your workers

Consulting, co-operating and co-ordinating activities with other duty holders

1.4 How to determine whether a space is a confined space

2. ROLE OF DESIGNERS, MANUFACTURERS AND SUPPLIERS

2.1 Eliminating or minimising the need to enter a confined space

2.2 Entry and exit

3. HOW TO IDENTIFY THE HAZARDS

3.1 What hazards are associated with a confined space?

Restricted entry or exit

Harmful airborne contaminants

Unsafe oxygen level

Fire and explosion

Engulfment

3.2 Other hazards

Uncontrolled introduction of substances

Biological hazards

Mechanical hazards

Electrical hazards

Skin contact with hazardous substances

Noise

Manual tasks

Radiation

Environmental hazards

Hazards outside the confined space

Additional physiological and psychological demands

4. HOW TO ASSESS THE RISKS

Atmospheric testing and monitoring

Generic risk assessment

5. HOW TO CONTROL THE RISKS

5.1 The hierarchy of control

Eliminate the risk

Minimise the risk

5.2 Eliminate the need to enter a confined space

5.3 Minimise the risks

The nature of the space

The concentration of oxygen or airborne contaminants

The work and work method

Emergency procedures

5.4 Entry permits

5.5 Isolation

5.6 Atmosphere

Purging

Ventilation

Flammable gases and vapours

Respiratory protective equipment

5.7 Communication and safety monitoring

5.8 Entry and exit procedures

5.9 Signs and barricades

5.10 Information, instruction and training

5.11 Maintenance of control measures

6. EMERGENCY PROCEDURES

7. HOW TO REVIEW CONTROL MEASURES

APPENDIX A – CONFINED SPACE CRITERIA

APPENDIX B – SAMPLE CONFINED SPACE ENTRY PERMIT

LIST OF AMENDMENTS

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply

FOREWORD

Scope and application

How to use this Code of Practice