Safety in Industry Act, 1980

Precautions in places where dangerous fumes are liable to be present.

21.—The following subsections are hereby substituted for subsections (1) and (2) of section 38 of the Principal Act:

“(1) Where work has to be done inside any chamber, tank, vat, pit, pipe, flue or similar confined space or any other place in which dangerous fumes are liable to be present to such an extent as to involve risk of persons being overcome thereby, the following provisions shall apply, namely—

(a) the confined space or the other place shall, unless there is other adequate means of egress, be provided with a manhole, which may be rectangular, oval, or circular in shape and shall be not less that 457·2 millimetres (18 inches) long, 406·4 millimetres (16 inches) wide or (if circular) not less than 457·2 millimetres (18 inches) in diameter, or in the case of tank wagons and other mobile plant not less that 406·4 millimetres (16 inches) long, 355·6 millimetres (14 inches) wide or (if circular) not less than 406·4 millimetres (16 inches) in diameter,

(b) no person shall enter, or be permitted to enter, the confined space or the other place for any purpose unless the following requirements are complied with:

(i) all practicable steps shall be taken to remove any fumes which may be present and to prevent any ingress of fumes and, unless it has been ascertained by a suitable test that the space or other place is free from dangerous fumes, the person entering shall wear a belt or other suitable harness to which there is securely attached a rope of which the free end is held by a person outside, or

(ii) the person entering shall wear a suitable breathing apparatus,

(c) suitable breathing apparatus and a suitable reviving apparatus and suitable belts or other suitable harness and suitable ropes shall be provided and shall be maintained so as to be readily accessible and be thoroughly examined by a competent person at least once a month, or at such other intervals as may be prescribed,

(d) where a person enters the confined space or the other place, there shall be provided and maintained a suitable means of raising an alarm should the person, while inside the confined space or the other place, get into difficulty,

(e) a sufficient number of the persons employed (including in particular any person who has been provided for the purpose of either holding the free end referred to in paragraph (b) (i) of this subsection or of ensuring that the requirements of paragraph (d) of this subsection are complied with) shall be trained and practised in the use of such apparatus, and in a method of restoring respiration,

(f) a report on every examination under paragraph (c) of this subsection, signed by the person making the examination, shall be kept available for inspection.

(2) Without prejudice to subsection (1) of this section, a person shall not enter or remain for any purpose in any chamber, tank, vat, pit, pipe, flue or similar confined space or in any other place in which dangerous fumes are liable to be present to the extent specified in subsection (1) of this section, unless either—

(a) he is ensured of a supply of air adequate for respiration and to render harmless any fumes, or

(b) he is wearing a suitable breathing apparatus.”.