Compliance code: Confined spaces - Key changes

Key changes for 2019/20

The Minister for Workplace Safety, Jill Hennessy, approved minor amendments to 11 compliance codes (codes) made under the Occupational Health and Safety Act 2004 (OHS Act), which includes the Confined spaces compliance code.

The minor amendments were made to:

• reflect amendments to section 35 and 36 of the OHS Act by the Treasury and Finance Legislation Amendment Act 2018
• improve style and branding consistency across the existing codes.

Change summary

Paragraph 29

Insert additional content (italics) and replace OHS Act reference to s36 with reference to s35:

"Employers who are required to consult on a matter must share information about the matter with employees, including relevant contractors and HSRs, give them a reasonable opportunity to express their views, and take those views into account before making a decision. If employees are represented by an HSR, the consultation must involve that HSR (with or without the involvement of the employees directly). If the employer and the employees have agreed to procedures for undertaking consultation, the consultation must be undertaken in accordance with those procedures. OHS Act s35".

Paragraph 26 and breakout boxes following paragraphs 52, 79, 108

Replace "health and safety" with "health or safety".

Breakout box following paragraph 26

Insert missing full stop.

Subheading following paragraph 157

Replace duplicated subheading:

"Air-supplied respiratory equipment to be provided"

Front cover

Update front cover to 'Edition 2'.

Back cover

Update back cover with new head office phone and address.

Update translation service contact details.

Key changes for 2018/19

A guide to the key changes

The Confined spaces compliance code, 2018 came into effect on 15 March 2018. It replaces the Confined spaces compliance code, 2008. The new code is based on the old code and is designed to:

• be easy to read and use
• align with the Occupational Health and Safety Regulations 2017 (OHS Regulations)
• reflect modern work practices and state of knowledge
• align with other updated compliance codes.

Reference and style changes

The new code includes some standard updates:

1. New references to relevant legislation when legal duties apply.
2. Additional cross-references to make related information easier to find in the code.
3. Information about Occupational Health and Safety Act 2004 (OHS Act) duties as well as OHS Regulations duties.

Part 1 - Introduction

What has changed

The key changes include:

• The full definition of a 'confined space' under regulation 5 of the OHS Regulations has been added under the subheading 'What is a confined space?'
• All duty holders are outlined with a summary of their primary duties under the OHS Act and the OHS Regulations.
• New information about the risk management process.
• Information about consultation has been broadened and moved to appear earlier in Part 1 of the new code. This section now clearly sets out an employer's legal duties to conduct consultation with employees and health and safety representatives (HSRs) on matters of health or safety.
• The 'Information, instruction and training' section has moved from the end of the old code to appear in Part 1 of the new code. This section has expanded to explain the employer duties for providing information, instruction, training and supervision to employees, including additional information about duties under the OHS Act and OHS Regulations that did not appear in the old code.
• The information under ‘How to determine a space is a confined space’ has been rearranged so it’s easier to read. A new flow chart and practical examples have been included to simplify the process of working out if your situation fits the OHS Regulations definition of a confined space.

Part 2 – Duties of designers, manufacturers and suppliers

What has changed

The key changes include:

• A new section for suppliers to explain how to comply with the supplier duty under regulation 53 of the OHS Regulations to ensure, so far as is reasonably practicable, that plant, before it is supplied, has been designed and manufactured in accordance with the OHS Regulations.

Part 3.1 – Duties of employers – Hazard identification

What has changed

The key changes include:

• a new breakout box to remind employers of their duties to consult with employees and HSRs on health or safety matters
• information on generic hazard identification has been moved from the end of this Part to the beginning
• fire and explosion information has been revised to more directly set out an employer’s duties in relation to these risks. The definition of ‘lower explosive limit’ has also been added

Part 3.2 – Duties of employers – Assessing risks

What has changed

The key changes include:

• A new breakout box to remind employers of their duties to consult with employees and HSRs on health or safety matters.
• Information about testing the atmosphere has been moved to this section from the ‘Specific risk control duties’ part of the old code. This section explains the locations in a confined space that should be tested and when tests should be carried out.

Part 3.3 – Duties of employers – Risk control: General duty

What has changed

The key changes include:

• A new paragraph about an employer’s duties to consult with employees and HSRs on matters related to health or safety.
• Information about maintaining, monitoring and reviewing risk controls has been moved from the end of the ‘Specific risk control duties’ part in the old code to appear earlier in the new code. This information has also been expanded to more clearly set out the duties under regulation 62 of the OHS Regulations in relation to reviewing risk control measures.

Part 3.4 – Duties of employers – Risk control: Specific duties

What has changed

The key changes include:

• A new breakout box to remind employers of their duties to consult with employees and HSRs on health or safety matters.
• A new paragraph on the isolation of plant and services to reflect regulation 57 of the OHS Regulations.
• Additional explanatory information on exposure standards under the ‘Ensuring a safe atmosphere’ heading.
• Information about respiratory protective equipment (RPE) has been revised to more clearly reflect an employer’s or self-employed person’s duties to provide RPE in certain situations.
• A new table sets out the considerations for employers when they are planning emergency procedures.

Appendices

What has changed

The key changes include:

• Appendix B – Definitions has been removed from the new code.
• Appendix B – Examples of incidents in confined spaces’ has been revised to provide more context on why it is important to be aware of the types of incidents that have occurred, and to replace the welding incident example with two more up to date examples.
• A new ‘Appendix D – Sample confined space entry permit’ has been included to assist duty holders in developing entry permits that cover all the necessary information for their circumstances.