Document ID: chunk:federal_register_of_legislation:F2016L00405:body:0:p5
Version: federal_register_of_legislation:F2016L00405
Segment Type: other
Provision Reference: 
Character Range: 10173–13024

confined space in accordance with any relevant information and training provided to them.
Emergency service workers are not required to comply with some requirements for entering confined spaces when either rescuing a person or providing first aid to a person in the space (WHS Regulations 67 and 68).

1.3             What is required in managing risks?
Duties in relation to confined spaces include:
    * managing health and safety risks associated with a confined space, including risks when entering, working in, on or near a confined space, as well as the risk of inadvertent entry
    * ensuring, so far as is reasonably practicable, that a worker does not enter a confined space until all the duties in relation to the confined space have been complied with, for example entry permit requirements
    * establishing first aid and rescue procedures to be followed in the event of an emergency in the confined space.
The WHS Regulations also set out requirements for specific controls measures including communication and safety monitoring, signs, isolation of connected plant and services, and controls to maintain a safe atmosphere within the confined space.

Regulation 34-38: In order to manage risk under the WHS Regulations, a duty holder must:
    * identify reasonably foreseeable hazards that could give rise to the risk
    * eliminate the risk so far as is reasonably practicable
    * if it is not reasonably practicable to eliminate the risk – minimise the risk so far as is reasonably practicable by implementing control measures in accordance with the hierarchy of control
    * maintain the implemented control measure so that it remains effective
    * review, and if necessary revise, risk control measures so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health and safety.
This Code includes guidance on how to manage the risks associated with a confined space by following a systematic process that involves:

    * identifying hazards associated with confined spaces
    * assessing the risks associated with these hazards
    * implementing risk control measures
    * reviewing risk control measures.
Guidance on the general risk management process is available in the Code of Practice: How to Manage Work Health and Safety Risks.

Consulting your workers

Section 47: The WHS Act requires that you consult, so far as is reasonably practicable, with workers who carry out work for you who are (or are likely to be) directly affected by a work health and safety matter.
Section 48: If the workers are represented by a health and safety representative, the consultation must involve that representative.
Consultation with workers and their health and safety representatives is a critical part of managing work health and safety risks.
You must consult your workers who are