Confined spaces in Ireland: employer duties under the 2001 Regulations

If your people ever need to enter a tank, pit, sewer, silo, duct or poorly ventilated room, you are dealing with confined space duties under Irish law. The short answer for employers: do not allow entry unless the job cannot reasonably be done from outside, assess the risks first, put a safe system of work in place, have rescue arrangements ready before anyone goes in, and make sure everyone involved is trained. This guide explains those duties in plain terms for Dublin and wider Irish employers, including managers and HR and finance professionals who oversee safety in offices, healthcare and service firms as well as industrial sites.

Where the confined space rules sit

One point is easy to get wrong. The rules specific to confined spaces are in the Safety, Health and Welfare at Work (Confined Spaces) Regulations 2001 (S.I. No. 218 of 2001), which the text says were made under section 28 of the Safety, Health and Welfare at Work Act 1989. The HSA's 2017 code refers to the Safety, Health and Welfare at Work Act 2005 for risk assessment and competence. They are not a chapter of the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007). The 2007 Regulations are a separate instrument, and the list of instruments they revoke (Regulation 3(1), as shown on the copy published by the Department of Enterprise) does not include the 2001 Confined Spaces Regulations. We did not check the Irish Statute Book's amendment listing for the 2001 Regulations. Check the current position on the Irish Statute Book before relying on this, as we cannot see updates after the pages we read.

The 2007 Regulations still matter in practice, because several of their provisions support confined space work. For a wider picture of that instrument, see our overview of the General Application Regulations 2007 for employers.

What counts as a confined space

Regulation 2 of the 2001 Regulations defines a confined space as any place which, because of its enclosed nature, creates conditions that make accident, harm or injury likely and that could require emergency action. The conditions the Regulations list include:

• a flammable or explosive atmosphere
• harmful gas, fume or vapour
• free-flowing solids (the Regulations give flour, grain, sugar and sand as examples) or a rising level of liquid
• too much oxygen, or too little
• excessive heat

The Health and Safety Authority (HSA) Code of Practice for Working in Confined Spaces, which came into operation on 1 May 2017, gives examples. Obvious ones are roofed storage tanks, pressure vessels and sewers. Less obvious ones include open-topped tanks, vats, trenches, wells, silos, shipping containers and poorly ventilated rooms. It also notes spaces that become confined only occasionally, such as a room during spray painting or a metal duct during welding, and coincidental cases such as a garage pit where petrol has spilled.

The practical lesson is that a space does not need to be labelled "confined" to be one. What matters is whether the enclosure creates a likelihood of serious harm that could need a rescue. The HSA code describes four features: the space is substantially enclosed, at least one listed hazard is present, the risk arises because of the enclosure, and any injury would call for rescue.

Step 1: avoid entry where you reasonably can

Under Regulation 5(1), no one may enter a confined space to carry out work unless it is not reasonably practicable to achieve the purpose without entry. The HSA code suggests alternatives such as sampling from outside, cleaning from outside, using vibrators or air blasters to clear a silo, and inspecting through portholes or by CCTV. Ask this question first, every time, before you plan anything else.

Step 2: assess the risks before entry

Regulation 5(2) requires the risks to be identified and evaluated before entry. The HSA code links this to the risk assessment duty in section 19 of the 2005 Act and says the assessment should set control measures and define emergency arrangements before anyone goes in. It should consider people nearby, such as contractors and the public, and employees and their representatives should be consulted. If the risk is unacceptable, entry should not go ahead.

The code suggests looking at three groups of hazards:

• What is inside: contents, previous contents, residues, contamination and oxygen levels.
• What the work creates: engines, cleaning chemicals, flammable substances and ignition sources.
• What is outside: substances that could flow in, plant that could start unexpectedly, and nearby work.

The code accepts a generic assessment for a class of similar spaces, but not as a substitute for a proper look at unusual cases. Confined space assessments should also feed into your safety statement; see our guide to safety statements and risk assessment under the 2005 Act.

Step 3: a safe system of work

Where entry cannot be avoided, Regulation 5(3) requires a safe system of work to be planned, organised, performed and maintained, with suitable information, instruction and training for the people involved. The HSA code says the system should be understood by everyone involved and written down if it is complex. Elements it lists include:

• training and supervision
• a permit-to-work or an equally effective checklist
• purging and ventilation
• atmospheric testing
• effective isolation of services and plant
• respiratory protective equipment and other personal protective equipment
• communications, and access and egress
• control of flammable atmospheres and combustible materials

On atmospheric testing, the code says to test oxygen first, because some gas monitors are only accurate at normal oxygen levels, and that only competent people should interpret results. It also says never to use oxygen to "sweeten" the air. A permit-to-work, in the code's description, is a formal written control with a signed permit, a way of communicating the job and hazards, and a safe hand-back once the space is vacated. The code says a checklist can do the same job where everyone is in direct contact.

Step 4: rescue and emergency arrangements

Regulation 6 provides that no one may enter unless suitable and sufficient rescue arrangements exist. They must include measures to protect the rescuers, a reliable alarm, rescue equipment maintained at the point of use, and training. Where resuscitation is a foreseeable need, resuscitation equipment and training are required. If an emergency arises, the arrangements must be put into operation immediately.

The HSA code lists rescue strategies: self-rescue, non-entry retrieval (preferred where practicable), a trained team entering safely, and public emergency services only where time allows. It says relying on external services is not acceptable where a timely rescue is needed, and that resuscitation should generally begin within 4 minutes of collapse. It also says escape breathing devices are for escape only and that canister or cartridge respirators are not acceptable for rescuers. These points come from the 2017 code, which is guidance; the legal duty is the one in Regulation 6.

Step 5: training and competence

Regulation 5(3) requires suitable training. The HSA code expects supervisors, entrants and rescuers all to be trained for their role, with practical demonstrations, refresher training and regular drills for rescuers. It also says to consider individual suitability, including physical fitness, and that medical clearance may be needed in some cases. The code points to the definition of competent person in section 2(2) of the 2005 Act: someone with sufficient training, experience and knowledge for the task. For wider context on training duties, see our guide to HSA mandatory training requirements in Ireland.

Contractors, shared sites and self-employed people

Regulation 4 says an employer must ensure compliance for work done by employees and, where matters are within the employer's control, for work done by others. Employers and self-employed people who share a workplace must co-operate, and every person at work must co-operate and make proper use of equipment, including personal protective equipment. Regulation 3 applies the Regulations to self-employed people as if they were both employer and employee. It excludes places below ground in a mine and diving operations. The HSA code adds that employers must ensure contractors are competent. A practical approach for a Dublin office block or clinic that hires out drain, tank or duct work is to check the contractor's system of work before the job, not after.

Where the 2007 Regulations fit

The HSA code refers to the 2007 Regulations for the specification and use of respiratory and other personal protective equipment, and for voltage limits on portable electrical equipment. The 2007 Regulations are arranged in Parts; Part 2, Chapter 3 covers personal protective equipment (Regulations 62 to 67, including Regulation 63 on assessment and Regulation 67 on information, training and instruction), and Part 8 covers explosive atmospheres (Regulations 167 to 175, including explosion risk assessment in Regulation 169). These headings come from the table of contents of the published text. We did not read the full text of each provision, so check the wording before applying them to a specific job.

A practical approach for employers

Our suggestion, not a legal requirement:

• Keep a register of every space on your premises that might meet the definition, including the occasional and coincidental ones.
• Name who can authorise entry, and make clear that no one else can.
• Before hiring contractors, ask for their risk assessment, permit procedure and rescue plan.
• Walk through the rescue plan in practice. A plan on paper that has never been tried is a weak plan.
• Keep records of assessments, permits, testing and training so you can show what you did.

What the sources do not say

The text of the 2001 Regulations that we read does not state penalties or a fixed testing or refresher interval. The HSA code is guidance, and the 2005 Act (section 61, quoted in the code) allows it to be used as evidence in criminal proceedings, but failing to follow it does not by itself make anyone liable. Treat the Regulations as the legal requirement and the code as practical guidance.

Learnsignal's offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.

Frequently asked questions

Do the General Application Regulations 2007 contain the confined space rules?

No. The specific duties are in the Confined Spaces Regulations 2001 (S.I. No. 218 of 2001). The 2007 Regulations do not list those Regulations among those they revoke, and the HSA code cites the 2007 Regulations for supporting matters such as personal protective equipment.

Is every tank or pit a confined space?

Not automatically. The definition turns on whether the enclosed nature of the place creates conditions that make harm likely and could require emergency action. Your risk assessment should decide, using the hazards in the definition.

Can we rely on the fire brigade as our rescue plan?

The HSA code says public emergency services may be part of a plan only where time allows, and that relying on external services is not acceptable where a timely rescue is needed. Regulation 6 requires suitable and sufficient rescue arrangements before entry.

Does a small office employer need to worry about this?

Possibly, if staff or contractors could enter a space such as a pit, a duct or a tank on your premises. If no one ever enters such a space, it may be sensible to record that in your risk assessment or safety statement (our suggestion, not a requirement we found in the sources).

Where can we find the official texts?

The Irish Statute Book publishes S.I. No. 218 of 2001 and S.I. No. 299 of 2007, and the HSA publishes the Code of Practice for Working in Confined Spaces. Always check for the latest version.

Whatever your sector, treat every entry as a planned operation with a rescue plan, not as a quick job.