Confined Space Training Certificate Legal Responsibilities 4 — Questions and Answers
Question 1: What is a 'prohibition notice' and how does it apply to confined space work?
- An HSE enforcement notice that immediately stops an activity presenting imminent risk of serious injury; it can be served on employers conducting unsafe confined space work (Correct answer)
- A notice prohibiting entry to a confined space until a permit is issued
- An internal company document restricting access to authorised workers only
- A notice served by local authorities to prevent confined space work in residential areas
Correct answer: An HSE enforcement notice that immediately stops an activity presenting imminent risk of serious injury; it can be served on employers conducting unsafe confined space work
An HSE Prohibition Notice is served when an inspector believes an activity involves, or will involve, a risk of serious personal injury. Once served, the activity must cease immediately. It can be served without prior warning. Continuing work in breach of a Prohibition Notice is a criminal offence.
Question 2: Who is legally responsible for ensuring that a permit to work system is established for high-risk confined space entries?
- The employer — who may delegate administration but cannot delegate the legal duty (Correct answer)
- The most senior employee on site on the day
- The permit-issuing supervisor, who bears sole legal responsibility
- The risk assessor, who assumes liability once the risk assessment is complete
Correct answer: The employer — who may delegate administration but cannot delegate the legal duty
The employer bears the legal duty under the Confined Spaces Regulations 1997 to establish a safe system of work, including a permit to work system where appropriate. The employer may appoint a competent person to administer the system but cannot transfer the legal duty. Legal responsibility remains with the employer.
Question 3: What does 'reasonably practicable' mean regarding the duty to avoid confined space entry?
- The degree of risk must be weighed against the time, trouble, cost, and physical difficulty of the measure needed to avert it; if grossly disproportionate, the measure may not be required (Correct answer)
- All technologically possible measures must always be taken
- Only the least expensive avoidance measures are required
- No measures are required if the employer has a good safety record
Correct answer: The degree of risk must be weighed against the time, trouble, cost, and physical difficulty of the measure needed to avert it; if grossly disproportionate, the measure may not be required
'Reasonably practicable' involves a cost-benefit analysis in a legal sense: the more serious the risk, the greater the measures required. For confined spaces with high risk of death, almost any practicable avoidance measure is justified. However, if the only way to avoid entry is an extraordinarily expensive design change for a very low-frequency entry, this may not be required.
Question 4: Under which circumstances can an employee legally refuse to enter a confined space?
- When there is reasonable belief of imminent and serious danger that has not been adequately controlled, and the employee cannot reasonably be expected to avert it (Correct answer)
- Only if a union safety representative formally authorises the refusal
- Only after completing an appeal process with the employer
- Only if the HSE has issued a Prohibition Notice for the specific space
Correct answer: When there is reasonable belief of imminent and serious danger that has not been adequately controlled, and the employee cannot reasonably be expected to avert it
Section 44 of the Employment Rights Act 1996 protects employees who leave or refuse to return to their place of work when they reasonably believe there is serious and imminent danger they cannot reasonably be expected to avert. Dismissal or detriment for such refusal is automatically unfair. The right is immediate and does not require union involvement.
Question 5: What must be included in a health and safety file under CDM 2015 regarding confined spaces in a structure?
- Information about the location, nature, and hazards of confined spaces that maintenance workers will need to enter, and the controls required (Correct answer)
- Only the as-built drawings of the structure
- A copy of all permits to work issued during construction
- The names of workers who entered confined spaces during construction
Correct answer: Information about the location, nature, and hazards of confined spaces that maintenance workers will need to enter, and the controls required
The CDM 2015 health and safety file must contain information that future maintenance workers need to carry out their work safely. For confined spaces, this includes: location and dimensions of confined spaces, their atmospheric hazards, isolation points, access constraints, required controls, and any previous incidents. This information informs future risk assessments.
Question 6: What reporting timescale applies to a fatal confined space accident under RIDDOR 2013?
- Notify without delay (immediately by telephone if possible) and follow up with a written report within 10 days (Correct answer)
- Within 3 working days
- Within 30 days to allow investigation
- The report is only required after the police have completed their investigation
Correct answer: Notify without delay (immediately by telephone if possible) and follow up with a written report within 10 days
Under RIDDOR 2013, work-related fatalities must be reported to the HSE without delay, by the quickest means (telephone to the RIDDOR contact centre or online). A formal written report must be submitted within 10 days. The police should also be notified as a fatality may trigger a criminal investigation.
Confined Space Training Certificate Legal Responsibilities 4
What is a 'prohibition notice' and how does it apply to confined space work?