Confined spaces - Employer's duty of care
Under the Occupational Health and Safety Act 1991 (OHS Act), employers are required to provide and maintain, as far as practicable, a working environment that is safe and without risk to health.
Employers must undertake a risk assessment before any work starts. This has to include:
- whether the work has to be done in the confined space
- the nature of the confined space
- the work to be done
- the way the work may be done, including systems of work
- the use of plant
- any potentially hazardous conditions inside the confined space, and
- whether emergency and rescue procedures are required.
If it is not reasonably practicable to eliminate the risk, you must reduce it, as far as you reasonably can.
Your specific obligations are to:
- isolate plant and services when work is going on in a confined space
- ensure a safe atmosphere in the confined space and provide personal protective equipment, including respirators
- prevent fires or explosions and control the presence of flammable gases or vapours
- have signage and procedures for entry and exit
- put in place emergency procedures
- have entry permits
- ensure continuous communication (e.g. standby person).
When undertaking risk management, employers must follow the relevant Commonwealth regulations and give consideration to codes of practice. If no regulation or code exist in relation to a specific identified risk, employers should choose a reliable source of guidance to follow.
When undertaking risk management, employers must follow the: