FACTORIES AND INDUSTRIAL UNDERTAKINGS (CONFINED SPACES) REGULATIONS

FACTORIES AND INDUSTRIAL UNDERTAKINGS (CONFINED SPACES) REGULATIONS

FACTORIES AND INDUSTRIAL UNDERTAKINGS
(CONFINED SPACES) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation..................................
Page

1.............Citation ...................... ... ... ... ... ... ... ... B2

2...........Interpretation .................. ... ... ... ... ... ... ... ... ... B2

3....................Approval of breathing apparatus ... ... ... ... ... ... ... B 2

4.............................Regulations effective when person enters confined space ... ... ... ...
82

5...............Provision of manholes ....... ... ... ... ... ... ... ... ... ... ... B 2

6...............................Use of approved breathing apparatus in confined space ... ... ... ... B 2

7..........................Non-application of regulation 6 on certification ... ... ... ... ... ... B 3
8..........................Prerequisites of certification under regulation 7 ... ... ... ... ... ... 93

9. Availability of supply of Approved breathing apparatus, suitable revivng

apparatus and other equipment ........... ... ... ... ... ... ... ... B 3

10. Personnel to be practised in use of approved breathing apparatus. suitable

reviving apparatus and other equipment .... ... ... ... ... ... ... B 3
11.......................Exemption certificate of Commissioner ... ... ... ... ... ... ... B 3

12........................Prohibition of entry into confined spaces in , hich proportion of oxygen

has been reduced ........................ ... ... .. ... ... B 4

13..................................Requirements for entry into boiler-furnace and boiler-flue . ... ... 84

[4. Offences and penalties..... ... ... ... ... ... ... ... B4





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(CONFINED SPACES) REGULATIONS

(Cap. 59, section 7)

[1 November 1973.]

1. These regulations may be cited as the Factories and Industrial
Undertakings (Confined Spaces) Regulations.

2. In these regulations, unless the context otherwise requires-

-approved breathing apparatus' means any breathing apparatus

approved by the Commissioner under regulation 3.

3. The Commissioner may for the purpose of these regulations
approve any type of breathing apparatus and may signify his approval
by notification published in the Gazette.

4. Regulations 5. 6, 7. 8, 9, 10 and 11 shall have effect where it is
necessary for the purposes of any industrial undertaking for a person to
enter any chamber. tank. vat. pit. well. tunnel. pipe, flue, boiler. pressure
receiver or other confined space in which dangerous fumes are liable to
be present to such an extent as to involve risk of person being
overcome thereby.

5. A proprietor shall ensure that a confined space. unless

there is other adequate means of egress, is provided with a manhole.
which may be rectangular, oval or circular in shape, and shall be

(a) not less than 18 inches long and 16 inches wide or (if circular)
not less than 18 inches in diameter; or

(b) in the case of a tank wagon or other mobile plant, not less
than 16 inches long and 14 inches wide or (if circular) not less than
16 inches in diameter; or

(c)in the case of a boiler or pressure receiver, not less than 15
inches long and 11 inches wide.

6. Subject to regulation 7. no person shall enter or remain in a
confined space for any purpose unless

(a) he is wearing an approved breathing apparatus;

(b) he has been authorized to enter by the proprietor: and

(c)where practicable. he is wearing a belt with a rope securely.
attached thereto and the free end of the rope is held by a
person who is outside the confined space and who is capable
of pulling him out of the confined space.





7. (1) Where a proprietor has issued a certificate to the effect that a
confined space will be, for a specified period, safe for entry without
breathing apparatus and the period so specified has not expired,
regulation 6 shall not apply.

(2) Notwithstanding paragraph (1) the proprietor shall not order,
direct, authorize, permit or suffer any person to enter or remain in the
confined space without having informed such person

c

when the safe period specified in such certificate will expire.

8. (1) A proprietor shall not issue a certificate as referred to in
regulation 7 unless

(a)effective steps have been taken to prevent any ingress to the
confined space of dangerous fumes:

(b)any sludge or other deposit liable to give off dangerous
fumes has been removed and the space contains no other
material liable to give off dangerous fumes: and

(c.)the space has been adequately. ventilated and tested for
dangerous fumes and has a supply of air adequate for
respiration.

(2) No account shall be taken for the purposes of paragraph (1) of
any deposit or other material liable to give off dangerous fumes in
insignificant quantities only.

9. (1) A proprietor shall provide and keep readily available in a
satisfactory condition a sufficient supply of approved breathing
apparatus, suitable reviving apparatus, vessels containing oxygen,
belts and ropes.

(2) No person shall-

(a) misuse; or

(b) without the consent of the proprietor, interfere with,

any approved breathing apparatus, suitable reviving apparatus, oxygen
vessel or other equipment provided under paragraph (1).

10. A proprietor shall ensure that a sufficient number of the
persons employed by him are practised in the use of the approved
breathing apparatus, suitable reviving apparatus. oxygen vessels and
other equipment mentioned in regulation 9(1) and in a method of
restoring respiration.

11. The Commissioner may by certificate grant, subject to any
conditions specified in the certificate. exemption from compliance with
any of the requirements of regulations 5, 6. 7(2). 8(1). 9(1) and 10 in any
case where he is satisfied that compliance with those requirements is
unnecessary or impracticable.





12. No person shall enter or remain in any confined space in which
the proportion of oxygen in the air is liable to have been substantially
reduced below the normal proportion unless either

(a) that person is wearing an approved breathing apparatus; or

(b)the space is adequately ventilated and has been tested and
certified by the proprietor as being safe for entry without
breathing apparatus.

13. A proprietor shall not order, direct, authorize, permit or suffer
any person to enter or remain in any boiler-furnace or boiler-flue unless
it is sufficiently cooled, by ventilation or otherwise to render it safe for
any person to enter and remain therein.

14. (1) Subject to regulation 11, the following shall be guilty of an
offence

(a)a proprietor who orders, directs, authorizes, permits or suffers
any person to contravene regulation 6 or 12;

(b)a proprietor who contravenes regulation 5, 7(2), 8(1), 9(1) or 10;

(e) any person who contravenes regulation 6, 9(2) or 12.

(2) A proprietor who-

(a)wrongfully certifies that a confined space is safe for entry
without breathing apparatus in accordance with regulation
12(b); or

(b) contravenes regulation 13,

shall be guilty of an offence.

(3)(a) A person other than a proprietor, guilty of an offence under
paragraph (1)(c), shall be liable on conviction to a fine of
$10.000.

(b) A person who is a proprietor,-

(i) guilty of an offence under paragraph (1)(a), or of an
offence under paragraph (1)(b) in respect of a contraven-
tion of regulation 8(1) or 9(1), or of an offence under
paragraph (1)(c) in rescpect of a contravention of
regulation 6 or 12, or of an offence under paragraph (2)(a) shall be
liable to a fine of $50,000;

(ii) guilty of an offence under paragraph (1)(b) in respect of
a contravention of regulation 5, 7(2) or 10, or of an offence
under paragraph (1)(c) in respect of a contravention of
regulation 9(2), or of an offence under paragraph (2)(b) shall
be liable to a fine of $30,000.





L.N. 95/73. L.N. 115/81. L.N. 185/73. Citation. Interpretation. Approval of breathing apparatus. Regulations effective when person enters confined space. Provision of manholes. Use of approved breathing apparatus in confined space. Non-application of regulation 6 on certification. Prerequisites of certification under regulation 7. Availability of supply of approved breathing apparatus, suitable reviving apparatus and other equipment. Personnel to be practised in use of approved breathing apparatus, suitable reviving apparatus and other equipment. Exemption certificate of Commissioner. Prohibition of entry into confined spaces in which proportion of oxygen has been reduced. Requirements for entry into boiler-furnace and boiler-flue. Offences and penalties. L.N. 115/81.

L.N. 95/73. L.N. 115/81. L.N. 185/73. Citation. Interpretation. Approval of breathing apparatus. Regulations effective when person enters confined space. Provision of manholes. Use of approved breathing apparatus in confined space. Non-application of regulation 6 on certification. Prerequisites of certification under regulation 7. Availability of supply of approved breathing apparatus, suitable reviving apparatus and other equipment. Personnel to be practised in use of approved breathing apparatus, suitable reviving apparatus and other equipment. Exemption certificate of Commissioner. Prohibition of entry into confined spaces in which proportion of oxygen has been reduced. Requirements for entry into boiler-furnace and boiler-flue. Offences and penalties. L.N. 115/81.

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