Explanatory Note
(This note is not part of the Regulations.)
1. These Regulations impose requirements and prohibitions with respect to the health and safety of persons carrying out work in confined spaces (as defined in regulation 1(2)).
2. The Regulations do not apply to activities on-board ship, below ground at a mine or to any diving operation within the meaning of the Diving Operations at Work Regulations (Northern Ireland) 1994 (regulation 2).
3. The Regulations give effect as respects Northern Ireland to points 6.2 and 6.3 of Part A of Annex IV to Council Directive 92/57/EEC (O.J. No. L245, 26.8.92, p. 6) on the implementation of minimum safety and health requirements at temporary or mobile construction sites.
4. The Regulations—
(a)prohibit the entry into a confined space for the purpose of carrying out work where it is reasonably practicable to carry out the work by other means (regulation 4(1));
(b)require work in a confined space to be carried out only in accordance with a safe system of work (regulation 4(2));
(c)impose requirements with regard to the preparation and implementation of adequate arrangements for the rescue of any person at work in a confined space in the event of an emergency (regulation 5);
(d)provide that the Department of Economic Development (“the Department”) may grant exemptions from any requirement or prohibition of the Regulations in specified circumstances (regulation 6);
(e)provide a defence in proceedings in respect of the duty to implement emergency arrangements (regulation 7);
(f)specify the activities within territorial waters to which the Regulations will apply (regulation 8 and Schedule 1);
(g)provide for the repeal and revocation of specified statutory provisions (regulation 9 and Schedule 2).
5. In Great Britain the corresponding Regulations are the Confined Spaces Regulations 1997 (S.I. 1997/1713). The Health and Safety Executive has prepared a cost benefit assessment in relation to those Regulations and a copy of that assessment, together with a Northern Ireland Supplement prepared by the Department, is held at the Department’s offices at 83 Ladas Drive, Belfast BT6 9FJ, from where copies may be obtained.
6. A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.