Laws and Regulations

Now we are going to look at various piece of legislation that link in with the Confined Space Regulations. Now, we know ultimately, we have to follow the Health and Safety at Work Act 1974, and over the years, that has saved thousands of people from serious injury and death. And ultimately, we all want to go to work and go back home again, don't we? However, we needed to have some additional information and regulation on various ways in which we work. I am just going to give you a bit of an overview now of some of the regulations that we need to keep in mind. Now the first one is the Management of Health and Safety Regulations 1999. When this came out, it stated that we need to produce a risk assessment. 

The risk assessment has to be suitable and sufficient, and the person who fills it out needs to be competent. So that is always the starting point for any workplace activity, is the producing of that risk assessment. Next, we have the Confined Spaces Regulation itself that came out in 1997. That was a number of years after the original Health and Safety at Work Act. What was the prompt? Well, no doubt back then, there would have been serious accidents or even deaths. Which is why HSE back then said, "We need to regulate the people that go in and out of confined spaces."

Linked close with this though is the Work at Height Regulation of 2005. Some wonder what is the link with working at height and doing a confined space entry? Well just think, for example, you are inside a factory and there is a vessel that has a top entry. One person will be entering in, I.e. They are working at height, and the safety attendant, who is standing at the top watching, is also working height. So you soon find that if you are doing your confined space entry, you end up also doing some training in working at height as well. Next, we have COSHH, the Control of Substances Hazardous to Health Regulations, both '94 and 2002. Many industries, particularly those in the cleaning environment, might be using certain COSHH items to clean out a vessel. So not only, those are now following the Confined Space Regulation, they might be having to follow the Work at Height, but now they got to follow the COSHH Regulation as well.  Next, we have the Provision and Use of Work Equipment Regulations, or PUWER as it is known, which came out in 1998. There are occasions when the actual equipment we even take inside a confined space might be specialized. You just can not take anything in there. Again that will be down to your risk assessment.

Next, we have Workplace Health and Safety and Welfare Regulations 1992. This is more applicable for what we call remote working. You are not inside a particular factory or an environment where you have access to both water and toilets. It could be civil engineers, for example. That is where we saw the introduction of welfare vehicles, to ensure people have the basics, which is the water and toilets. Then we have Personal Protective Equipment Regulation 2002 and then Personal Protective Equipment Regulation 1992, which was amended. These two make it very clear that the sort of equipment we actually wear has to be tested and to a particular standard. Then we have what is known as a DSEAR site, Dangerous Substances and Explosive Atmospheres Regulations 2002. Some sites, while they might do a confined space entry, will be viewed as a high risk because there is a risk of a fire or explosion. Therefore, then a great degree control would be required on these sites. Electricity at Work Regulations 1989. Now, in this particular one, it is normally linked with those who work on the Road and Street Works Act '91. So they might be entering to tunnels, whereas very services such as sewage systems, water, gas and electric.

Then finally, there are over 278 environmental legislation. That could be quite critical on some sites particularly if there is an instance involving a spillage. So then we are going to make sure, with all these regulations, that we are compliant. Now, it is there to protect us. However, if we break the law, this is where we see another side to it. So let us go back to the Health and Safety at Work Act 1974 because that is the piece of legislation that ultimately, you will be prosecuted for. Now, when we look at any potential prosecution, what HSE will do during their investigation, they would talk and interview the directors of a company. And what they have to prove is they have done their due diligence. That what is their defence. Their due diligence is ensuring they provide me and you with information, instruction and training. So imagine there has been an accident. That investigation is all about looking at who has caused the accident, who has been injured, or someone may have even died. But the Board of Directors may have proved they have done their due diligence. So who is now at fault? Well, that is when they can look at me and you by our acts and omissions. So even as employees, we can be prosecuted by HSE, by how we act or omit to do something.

Recently, in 2015, the fines which used to be set at £20,000 is now unlimited, with a two-year imprisonment. So the implications of not following through on the regulations we have gone through very briefly can be quite severe, both from the employer, as well as the employee.