Occupational Safety and Health

"Confined space" means any place in which, by virtue of its enclosed nature, there arises a reasonably foreseeable "specified risk", and without limiting the generality of the foregoing, includes any chamber, tank, vat, pit, well, sewer, tunnel, pipe, flue, boiler, pressure receiver, hatch, caisson, shaft or silo in which such risk arises.

"Specified risk" means a risk of -

1. serious injury to any person at work arising from a fire or explosion;
2. the loss of consciousness of any person at work arising from an increase in body temperature;
3. the loss of consciousness or asphyxiation of any person at work arising from gas, fume, vapour or the lack of oxygen;
4. the drowning of any person at work arising from an increase in the level of liquid; or
5. the asphyxiation of any person at work arising from a free flowing solid or the inability to reach a respirable environment due to entrapment by a free flowing solid.

Under Section 8 of the Factories and Industrial Undertakings (Confined Spaces) Regulation, Chapter 59AE, every worker entering or working in confined space shall be a "certified worker" who -

1. has attained the age of 18 years; and
2. holds a certificate issued by a person whom the Commissioner has authorized to certify workers as being competent to work in a confined space.

The Commissioner for Labour has authorised a number of organizations for running training and certification schemes for "certified worker". A person shall attend such scheme in order to become a "certified worker".

Under Section 5 of the Factories and Industrial Undertakings (Confined Spaces) Regulation, Chapter 59AE, a proprietor or contractor shall appoint a "competent person" to carry out risk assessment for work in confined space and make recommendations on relevant safety and health measures.

A "competent person" means a person -

1. who has attained the age of 18 years;
2. who is either -
   1. a safety officer registered under the Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations, Chapter 59Z; or
   2. a person who holds a certificate issued by a person whom the Commissioner has authorized to certify persons as being competent to prepare risk assessment reports; and
3. who has at least one year's relevant experience, after obtaining the registration or certification referred to in paragraph b(i) or b(ii), in assessing risk to the safety and health of workers working in confined spaces.

For purpose of paragraph b(ii), the Commissioner for Labour has authorised a number of organizations for running training and certification schemes for "competent person". A person shall attend such scheme in order to become a "competent person".