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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
Under the confined space regulations 1999 NI it places a duty on the employer to ensure that only competent persons carry out the work within the confined space. It also dictates that Training standards must be appropriate to the task, and to the individual’s roles and responsibilities so that work can be carried out safely.
Confined space means any place, including any chamber, tank, vat, silo, pit, trench, pipe, sewer, flue, well or other similar space in which, by virtue of its enclosed nature, there arises a reasonably foreseeable specified risk.
The regulation requires work in confined spaces to be carried out only in accordance with a safe system of work entry into the confined spaces is unavoidable.
Imposes 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.
An adequate system of communication must be in place in the confined space and between this and those outside.
The confined space atmosphere must be tested before entrance.
A permit-to-work system must be in place. A rescue system must be provided in case of emergency.
PPE, and lifting equipment must be periodically verified and tested.
Hazard identification
Risk assessment and controls
Qualification and training records
Emergency procedures
Confined spaces tests' records
Equipment verification, maintenance and calibration records
Permit-to-work system
Confined Spaces Regulations (Northern Ireland) 1999 (legislation.gov.uk)
Exemption certificates
6. - (1) Subject to paragraph (2), the Department may, by a certificate in writing, exempt—
(a) any person or class of persons; or
(b) any type or class of confined space,
from the application of any of the requirements or prohibitions imposed by these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the Department by a further certificate in writing.
(2) The Department shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to—
(a) the conditions, if any, which it proposes to attach to the exemption; and
(b) any other requirements imposed by or under any statutory provisions which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
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