A confined space, under the Work Health and Safety Regulation 2011 (Qld), is an enclosed or partially enclosed space that is not designed or intended primarily to be occupied by a person, is at normal atmospheric pressure while anyone is in it, and is, or is likely to be, a risk to health and safety from an unsafe atmosphere, fire or explosion, harmful airborne contaminants or engulfment. Mine shafts and the workings of a mine are excluded. The full definition is below.
If a worker is going to enter one, you need a written risk assessment, a written confined space entry permit, signs, a standby person, rescue procedures and trained workers. This guide covers each requirement in sections 62 to 77 of the Regulation.
What is a confined space? The Queensland definition
The definition is in the dictionary (schedule 19) of the Work Health and Safety Regulation 2011 (Qld), which section 5 points to:
confined space means an enclosed or partially enclosed space that—
(a) is not designed or intended primarily to be occupied by a person; and
(b) is, or is designed or intended to be, at normal atmospheric pressure while any person is in the space; and
(c) is or is likely to be a risk to health and safety from—
(i) an atmosphere that does not have a safe oxygen level; or
(ii) contaminants, including airborne gases, vapours and dusts, that may cause injury from fire or explosion; or
(iii) harmful concentrations of any airborne contaminants; or
(iv) engulfment;
but does not include a mine shaft or the workings of a mine.
In plain English: the space was not made for people to work in, it is at normal air pressure, and it is likely to be dangerous because of unsafe oxygen, a fire or explosion risk, harmful airborne contaminants or engulfment. A safe oxygen level is 19.5% to 23.5% oxygen by volume.
Tanks, vats, silos, pits, pipes, ducts, flues, sewers, wells, shafts and tunnels can all be confined spaces when they meet the definition. The approved code of practice stresses it is the hazards in the circumstances that decide it, not simply that the space is small.
How do you know if a space is a confined space?
- Circumstances matter. The same structure may or may not be a confined space depending on the job; work such as painting, welding or using solvents can create harmful airborne contaminants.
- Controls do not change the answer. The code says temporary ventilation or a good pre-entry gas test does not stop a space being a confined space.
- Do not rely on signs. The Regulation requires signs only while work in the space is being prepared, carried out and completed (section 68), so an unsigned space can still be a confined space.
- Usually not confined spaces. The code lists places designed for people with adequate ventilation, lighting and safe entry and exit (offices, workshops) and spaces with an easy ground-level doorway (a cool store). A trench is not one only because it might collapse, but can be if it may contain harmful airborne contaminants.
- It also covers spaces nobody plans to enter. Part 4.3 applies to confined spaces that are entered, are intended or likely to be entered, or could be entered inadvertently (section 62).
What Queensland law applies to confined space work?
The legal requirements are in Work Health and Safety Regulation 2011 (Qld), Part 4.3 – Confined spaces (sections 62 to 77). Most duties fall on the person conducting a business or undertaking (PCBU) that manages or controls the space. Designers, manufacturers, importers, suppliers and installers of plant or structures with a confined space must also eliminate or minimise the need to enter it, so far as is reasonably practicable (section 64).
The Confined Spaces Code of Practice 2021 is an approved code of practice. It is not law itself, but a PCBU must comply with an approved code or manage the risk in a way that gives an equivalent or higher standard of health and safety. A court can also treat it as evidence of what is known about a hazard and how to control it, and can rely on it to decide what is reasonably practicable (sections 26A, 274 and 275 of the Work Health and Safety Act 2011 (Qld)).
If the job is construction work, work in or near a confined space is also high risk construction work (section 291 of the Regulation), so a safe work method statement is needed before it starts (section 299). See our guide to high risk construction work in Queensland, or use the Confined Spaces SWMS.
Confined space risk assessment (section 66)
Before anyone enters, you must manage the risks of entering, working in, on or near the space, including the risk of someone entering by mistake. The Regulation requires that:
- a competent person conducts the risk assessment, meaning someone with the training, qualification or experience to do the task;
- the risk assessment is recorded in writing;
- you consider all relevant matters, including whether the work can be done without entering the space, the nature of the space, any change in oxygen or contaminant levels that may occur, the work and method, and the emergency and rescue procedures needed; and
- a competent person reviews and revises it when control measures are reviewed.
Always ask first whether the job can be done from outside. If not, use the assessment to choose controls, starting with eliminating the risk. Our hazard vs risk and how to identify hazards guides help, and the Confined Space Risk Assessment template is built for this job. For general tasks, use our free risk assessment template.
Confined space entry permit: what it must contain (section 67)
A PCBU must not direct a worker to enter a confined space to carry out work unless it has issued a confined space entry permit for the work (section 67). The permit must:
- be written and completed by a competent person;
- state the confined space it relates to;
- name the people permitted to enter;
- give the period of time the work will be carried out;
- state the measures to control risk, based on the section 66 risk assessment, including the controls for safe entry and the communication and standby system (section 69); and
- have space for an acknowledgement that the work is finished and everyone has left the space.
When the work is finished, you must make sure all workers have left the space and the competent person completes that acknowledgement. The code adds that a permit is also needed when someone enters to do the initial risk assessment. The Confined Space Entry Permit template follows the headings above.
Signs, communication and a standby person (sections 68 and 69)
Signs must be up immediately before work starts, while it is carried out, and while the space is prepared and completed. They must identify the space, tell workers not to enter without a permit, and be clear and prominent next to each entry.
You must also provide a system of work with continuous communication with the worker from outside the space and monitoring of conditions by a standby person in the vicinity of the space who, if practicable, watches the work being carried out.
Atmosphere, fire and connected plant (sections 70 to 73)
| Connected plant and services (s 70) | Eliminate, so far as reasonably practicable, the risk of substances entering from, or plant starting up in, connected plant or services. Otherwise minimise it. |
|---|---|
| Purging and ventilation (s 71) | Purge or ventilate contaminants so far as reasonably practicable. Never use pure oxygen, or gas mixtures with more than 21% oxygen by volume, to purge or ventilate. |
| Oxygen (s 71) | The atmosphere must have a safe oxygen level while work is done. If that is not reasonably practicable and oxygen is below 19.5%, workers need air supplied respiratory equipment. |
| Flammable gas (s 72) | Keep flammable gas, vapour or mist below 5% of its lower explosive limit (LEL) so far as reasonably practicable. If you cannot, remove workers immediately at 10% of LEL or more, and at 5% to under 10% unless a suitably calibrated, continuous-monitoring detector is used in the space. |
| Ignition sources (s 73) | Do not introduce an ignition source if it could cause a fire or explosion. |
The code says atmospheric testing should be done by a competent person using a suitable, correctly calibrated gas detector, and that a person’s senses should never be used to decide whether the air is safe.
Emergency, first aid and rescue (sections 74 and 75)
You must establish first aid and rescue procedures for a confined space emergency and practise them as necessary (section 74). Rescue must start from outside the space as soon as practicable. Entry and exit openings must be large enough for emergency access and kept clear, and first aid and rescue equipment kept in good working order.
A worker who goes in to give first aid or rescue someone must be provided with air supplied respiratory equipment if the atmosphere has no safe oxygen level, has a harmful concentration of an airborne contaminant, or is at serious risk of becoming so, and suitable protective equipment if there is an engulfment risk (section 75). The permit and sign rules do not apply to an emergency service worker entering at their organisation’s direction to rescue someone or give first aid (section 63); that exception does not cover your own workers.
The Regulation does not name a rescue plan document, but writing one is the practical way to set out and practise these procedures. It also feeds into the workplace emergency plan required by section 43 of the Regulation. Our Confined Space Emergency Rescue Plan Template is free.
Confined space training (section 76)
Workers who could enter or work in a confined space, anyone with a function in the work or emergency procedures who does not enter (a standby person, for example), and their supervisors must get suitable and adequate information, training and instruction on:
- the hazards of the confined space;
- the controls and how to use them;
- personal protective equipment, including fit, use, testing and storage;
- the contents of any confined space entry permit for their work; and
- emergency procedures.
You must keep a record of the training for 2 years; our free Employee Training Register can hold it. Some providers of confined space courses are listed below for information. Check a course covers the hazards of your own spaces.
- Pinnacle Safety (confined space worker course, Brisbane)
- Licences 4 Work Brisbane
- OHSA (confined space entry course)
- Affordable Training
How long must you keep the permit and risk assessment? (section 77)
| Risk assessment | At least 28 days after the work is completed. |
|---|---|
| Entry permit | At least until the work is completed. |
| If a notifiable incident occurs in connection with the work | Both, for at least 2 years after the incident. |
For that period, a copy must be available for inspection under the Act and available to any relevant worker on request.
Work Safety QLD has a selection of templates available for confined spaces, check them out below
- Confined Space Documentation Bundle (Includes all of the below templates)
- Confined Space Entry Permit Template
- Confined Space Risk Assessment Template
- Confined Space Emergency Rescue Plan Template (free)
- Working in Confined Spaces Policy Template
- Confined Space SWMS (Safe Work Method Statement)
Have You Ever Carried Out Work In A Confined Space? What Safety Protocols Were In Place To Keep You Safe?
This guide is general information, not legal advice. Check the current law or talk to Workplace Health and Safety Queensland for your situation.
Templates for this job
Ready-to-edit Word and Excel templates for Queensland workplaces.
