Workplace Safety and Health (Confined Spaces) Regulations 2009

1. These Regulations into operation on 1st November 2009.
2. Please refer to the actual regulation for the complete requirements.
3. confined space
   any chamber, tank, manhole, vat, silo, pit, pipe, flue or other enclosed space, in which —
   dangerous gases, vapours or fumes are liable to be present to such an extent as to involve a risk of fire or explosion, or persons being overcome thereby;
   the supply of air is inadequate, or is likely to be reduced to be inadequate, for sustaining life; or
   there is a risk of engulfment by material;
4. hazardous atmosphere
   an atmosphere where —
   the level of oxygen in the atmosphere is not within the range of 19.5% to 23.5% by volume;
   the level of flammable gas or vapour in the atmosphere is 10% or more of its lower explosive limit; or
   the levels of toxic substances in the atmosphere exceed the permissible exposure levels as specified in the First Schedule to the Workplace Safety and Health (General Provisions) Regulations
5. Application
   These Regulations apply in relation to confined spaces in workplaces.
6. Record of confined spaces in factory
   Where a fixed and stationary confined space is sited in a factory, to —
   make a record of the description and location of the confined space; and
   inform persons who are liable to be exposed to the hazards of the confined space, of the existence and hazards of the confined space.
7. Access to and egress from confined space
   To take measures to ensure that the means of entry into and egress from any confined space in the workplace are safe and without risks to the health of every person entering or leaving it.
8. Opening of entrance cover of confined space
   the entrance cover of the confined space is not removed unless the confined space is depressurised and rendered safe for opening; and
   when such entrance cover is removed, the opening to the confined space is barricaded or guarded by railings or other effective means, to prevent any person or object from falling into the confined space.
9. Lighting in confined space
   To ensure that there is sufficient and suitable lighting for entry into or work in the confined space.
10. Ventilation in confined space
    To ensure that the ventilation in the confined space complies with this regulation.
    Adequate and effective ventilation shall be maintained in the confined space for the purposes of entry into and work in the confined space.
    The air supply for the ventilation shall be —
    (a) from a source free from contaminants; and
    (b) directed to the area where a person is or will be present in the confined space.
    Where exhaust ventilation is used, the exhaust air from the ventilation system shall be exhausted to a location outside the confined space where it does not present a hazard to any person.
11. Implementation of confined space entry permit
    Before any person enters or works in a confined space, it is the duty of his responsible person to —
    appoint an authorised manager for the confined space
    appoint a confined space safety assessor for the confined space; and
    ensure that a confined space entry permit has been issued in respect of the entry into or work in the confined space which specifies —
    (i) the description and location of the confined space;
    (ii) the purpose of entry into the confined space;
    (iii) the results of the gas testing of the atmosphere of the confined space; and
    (iv) its period of validity.
12. No entry into or work in confined space without evaluation and confined space entry permit
13. Application for confined space entry permit
    An application for a confined space entry permit shall —
    be made by the supervisor of the person who is to enter or work in the confined space;
    be made in such form and manner as may be required by the authorised manager for the confined space;
    state the measures which will be taken to ensure the safety and health of persons who enter or carry out the work in the confined space; and
    be addressed to the authorised manager and submitted to the confined space safety assessor for the confined space.
14. Evaluation of confined space entry permit
    On receipt of the application for a confined space entry permit, the confined space safety assessor shall test the atmosphere of the confined space prior to entry by any person into the confined space.
    The confined space safety assessor shall—
    use a suitable and properly calibrated instrument;
    conduct the test in the following sequence:
    (i) test for level of oxygen content;
    (ii) test for level of flammable gas or vapour; and
    (iii) test for concentration of toxic gas or vapour, where applicable;
    conduct the test in a manner that will not endanger himself or others; and
    record the results of the test in the confined space entry permit.
    If the confined space safety assessor is satisfied that entry into or work in a confined space can be carried safely, he shall endorse the application for the confined space entry permit and forward the endorsed application to the authorised manager for the confined space.
    The confined space safety assessor must exercise all due diligence when performing his functions in relation to the testing, evaluation and endorsement of an application for a confined space entry permit
15. Issue of confined space entry permit
    The authorised manager for a confined space may issue a confined space entry permit in respect of entry into or work in the confined space if the authorised manager is satisfied that —
    the level of oxygen in the confined space is within the range of 19.5% to 23.5% by volume;
    the level of flammable gas or vapour in the confined space is less than 10% of its lower explosive limit;
    the levels of toxic substances in the atmosphere of the confined space do not exceed the PEL as specified in the First Schedule to the WSH (General Provisions) Regulations;
    the confined space is adequately ventilated;
    effective steps have been taken to prevent any ingress of dangerous gases, vapours or any other dangerous substances into the confined space; and
    all reasonably practicable measures have been taken to ensure the safety and health of persons who will be entering or working in the confined space.
    The authorised manager must retain a copy of the confined space entry permit.
    The authorised manager must exercise all due diligence when issuing a confined space entry permit.
    If the entry or work in the confined space is not completed within the validity period of the permit, a fresh application shall be made.
16. Posting of confined space entry permit
    Duty of the supervisor to —
    clearly post a copy of the permit at the entrance to the confined space, including where reasonably practicable, a sketch of the area within the confined space where the entry is to be made or work is to be conducted; and
    ensure that the copy of the permit is not removed until —
    - the date of expiry of the permit;
    - the revocation of the permit; or
    - the person entering or working in the confined space has left the confined space after achieving the purpose of the entry or completing the work, as the case may be,
    whichever is the earliest.
17. Monitoring to ensure safety and health of worker during entry into or work in confined space
18. Periodic testing of atmosphere
    the atmosphere in the confined space is tested by a confined space safety assessor at intervals as is necessary to evaluate the safety and health of the person entering or working in the confined space;
    if there are 2 or more persons present in the confined space, at least one of them continuously monitors the atmosphere in the confined space with a suitable gas detector; and
    if a hazardous atmosphere in a confined space is detected —
    all persons in the confined space shall vacate the confined space immediately;
    an evaluation is made to determine how the hazardous atmosphere developed; and
    no person re-enters the confined space until a new confined space entry permit is issued by the authorised manager for the confined space.
19. Duty to report incompatible work
    It shall be the duty of any person who is aware of any work being carried out in a workplace in which a confined space is sited whichis incompatible with any other work being carried out in the confined space, to immediately report the incompatible work to his supervisor, the workplace safety and health officer, the workplace safety and health co-ordinator or the authorised manager for the confined space.
20. Review and revocation of confined space entry permit
    The authorised manager for a confined space who has issued a confined space entry permit must review and assess the need for entry into or work in the confined space on a daily basis and revoke the permit if he thinks fit to do so.
    If, after issuing a confined space entry permit, the authorised manager is of the view that the carrying out of the work in the confined space poses or is likely to pose a risk to the safety and health of persons entering or working in the confined space, he may order all persons to leave the confined space immediately and all work in the confined space to cease immediately, and revoke the confined space entry permit.
    The authorised manager—
    may revoke a confined space entry permit in respect of a confined space if he is satisfied that —
    (i) the entry or work in the confined space has been completed; or
    (ii) the entry or work in the confined space cannot be continued for a significant period of time; and
    shall revoke the relevant confined space entry permit.
21. Warning sign
    The occupier of any workplace in which a confined space is sited must clearly post a notice at the entrance to the confined space to warn persons of the hazards of the confined space unless —
    a copy of the confined space entry permit in respect of the confined space is posted there; or
    there is no entrance which persons may use to enter the confined space.
22. Display of name or identification badge
    It shall be the duty of a person entering a confined space to display his name and identification badge at the entrance to the confined space; and it shall be the duty of his responsible person to ensure that he does the same.
23. Training of workers and supervisors
    It shall be the duty of the responsible person of a person entering or working in a confined space to ensure, before such entry or work, that the person has first received adequate safety and health training for the purpose of familiarising himself with the hazards associated with such entry into or work in the confined space and the precautions to be observed.
    Where any person conducts oversight or supervisory work in a confined space, it shall be the duty of his responsible person to ensure that the person has first received adequate safety and health training to ensure that the work which the person oversees or supervises can be carried out safely.
24. Appointment and duties of confined space attendant
    The responsible person of a person entering or working in a confined space must appoint a confined space attendant before such entry or work.
    The confined space attendant to remain outside the confined space in order to —
    monitor persons entering and working in the confined space;
    maintain regular contact with the persons in the confined space and when necessary assist them to evacuate should the need arise; and
    alert the persons appointed to carry out rescue work in the event of an emergency
25. Rescue operation
    establish a written rescue plan for the purpose of rescuing persons in the confined space in the event of an emergency;
    appoint persons to carry out rescue work and ensure that such persons have first received adequate training in rescue operation including first-aid and the proper use of personal protective equipment and other equipment necessary for carrying out a rescue operation in the confined space; and
    ensure that there is a sufficient supply of suitable breathing apparatus, safety harness and ropes, suitable rescue equipment and suitable reviving apparatus which are —
    (i) kept readily available;
    (ii) properly maintained; and
    (iii) thoroughly examined by a competent person at least once a month or at such other intervals as the Commissioner may require.
    The records must be kept for not less than 2 years.
26. Offences
    Except as otherwise provided in this regulation, any person who contravenes any provision of these Regulations shall be guilty of an offence and shall be liable on conviction —
    in the case where the person is an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both;
    in any other case, to a fine not exceeding $20,000.
    Any person who contravenes confined space entry permit - fine not exceeding $20,000
    Any person who contravenes regulation on identification / attendant - fine not exceeding $1,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $5,000.