Confined Space Training Certificate Legal Responsibilities 4

Question 1

What is a 'prohibition notice' and how does it apply to confined space work?

Accepted 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

Answer

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?

Accepted Answer

The employer — who may delegate administration but cannot delegate the legal duty

Answer

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?

Accepted 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

Answer

'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?

Accepted 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

Answer

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?

Accepted Answer

Information about the location, nature, and hazards of confined spaces that maintenance workers will need to enter, and the controls required

Answer

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.

Confined Space Practice Test

Confined Space Practice Test

Confined Space Training Certificate Legal Responsibilities 4