Work in Compressed Air Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations impose requirements and prohibitions with respect to the health, safety and welfare of persons who work in compressed air.

2.  The Regulations apply to construction work (within the meaning of the Construction (Design and Management) Regulations (Northern Ireland) 1995 and have effect in addition to any applicable provisions of the Construction (Health, Safety and Welfare) Regulations (Northern Ireland) 1996 but they do not apply to a diving operation within the meaning of the Diving Operations at Work Regulations (Northern Ireland) 1994 (regulation 3).

3.  The Regulations –

(a) provide for the appointment of a competent contractor (“the compressed air contractor”) to execute or supervise the work in compressed air included in any project (regulation 5);

(b) require specified information to be notified in writing to the Health and Safety Executive for Northern Ireland (“the Executive”) and to specified hospitals and other bodies before work in compressed air is commenced and for further notification of the termination or suspension of such work (regulation 6);

(c) require work in compressed air to be carried out only in accordance with a safe system of work and under adequate supervision and require the compressed air contractor to ensure that the ground surrounding all shafts or tunnels under his control is capable of withstanding the loads arising from the application of compressed air (regulation 7);

(d) impose requirements with regard to the provision, use and maintenance of adequate and suitable plant and equipment (regulation 8);

(e) provide that a contract medical adviser be appointed to advise the compressed air contractor on matters relating to the health of persons who work in compressed air (regulation 9);

(f) impose a requirement on employers for adequate medical surveillance to be carried out in respect of such of their employees who work in compressed air (regulation 10);

(g) require compression and decompression to be carried out safely and in accordance with any procedures approved by the Executive and impose requirements for the making and maintenance of records (regulation 11);

(h) require adequate medical facilities to be provided and maintained for those who work in compressed air (regulation 12);

(i) impose requirements with regard to the preparation of adequate emergency arrangements (regulation 13);

(j) impose requirements with regard to the provision of suitable fire precautions and prohibit the possession of smoking materials in compressed air (regulation 14);

(k) require that adequate instruction, information and training be given to persons who work in compressed air (regulation 15);

(l) impose requirements on –

(i) the compressed air contractor to ensure, so far as is reasonably practicable, that persons who are to work in compressed air are fit to do so; and

(ii) persons who work in compressed air to inform the compressed air contractor if they are unfit for such work (regulation 16);

(m) prohibit persons working in compressed air if impaired by drink or drugs and prohibit the consumption of alcohol in compressed air (regulation 17);

(n) impose requirements for the provision and maintenance of suitable welfare facilities for persons who work in compressed air (regulation 18);

(o) impose a requirement that, in specified circumstances, badges are to be supplied to persons who have worked in compressed air (regulation 19);

(p) provide a defence in proceedings in respect of specified duties of the compressed air contractor (regulation 20);

(q) provide that the Executive may grant exemptions from any requirement or prohibition of the Regulations in specified circumstances (regulation 21).

4.  The Regulations revoke the Work in Compressed Air Special Regulations (Northern Ireland) 1963. The Regulations revoke the references to the 1963 Regulations contained at Part II of the Schedule to the Employment Medical Advisory Service (Factories Act Legislation Amendment) Regulations (Northern Ireland) 1979 and at Regulations 1(2), 3 and Schedule 1 to the Construction (Metrication) Regulations (Northern Ireland) 1989 (regulation 22(1)).

5.  The Regulations modify the Pressure Systems Safety Regulations (Northern Ireland) 2004 at paragraph 8 of Part I of Schedule 1 so as to substitute the words “the Work in Compressed Air Regulations (Northern Ireland) 2004” for the words “the Work in Compressed Air Special Regulations (Northern Ireland) 1963” (regulation 22(2)).

6.  The Regulations are supported by the Great Britain guidance document entitled “A Guide to the Work in Compressed Air Regulations 1996” (L96, HSE Books 1996, ISBN 0 7176 1120 5) and the addendum on oxygen decompression. In addition, British Standard (BS 6164:2001) Code of Practice for safety in tunnelling in the construction industry is also relevant.

7.  In Great Britain, the corresponding Regulations are the Work in Compressed Air Regulations 1996 (S.I. 1996/1656).

8.  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.