A GUIDE TO THE FACTORIES AND INDUSTRIAL UNDERTAKINGS (CONFINED SPACES) REGULATIONS 1973 LABOUR DEPARTMENT HONG KONG October 1973 PRINTED BY THE GOVERNMENT PRINTER HONG KONG
36946 150K 11/73
CONTENTS Page INTRODUCTION 1 WORKS TO WHICH THE REGULATIONS APPLY.... 1 PROVISION OF MANHOLE 2 SHAPE OF MANHOLE 2 MINIMUM SIZE OF MANHOLE 2 INTERPRETATION OF APPROVED BREATHING APPARATUS.. 2 REQUIREMENTS FOR ENTRY TO A CONFINED SPACE... 3 SAFE ENTRY CERTIFICATE AND WARNING OF ITS EXPIRY.. 3 PREREQUISITES OF CERTIFICATION 3 DUTIES OF PROPRIETOR TO PROVIDE SAFETY EQUIPMENT.. 3 DUTIES OF PERSONS USING THE SAFETY EQUIPMENT... 4 TRAINING OF PERSONNEL IN THE USE OF THE SAFETY EQUIPMENT 4 EXEMPTION 4 PROHIBITION OF ENTRY 4 OFFENCES AND PENALTIES FOR CONTRAVENTION OF THE REGULATIONS 4
Introduction This booklet outlines the main provisions of the Factories and Industrial Undertakings (Confined Spaces) Regulations 1973, which are in force from November 1, 1973. These Regulations are fto ensure that, whenever it is necessary to enter a confined space, appropriate precautions are taken against dangers resulting from the presence of noxious fumes, toxic gases, oxygen deficiency or excessive heat in the confined space. For further information on the subject, readers are referred to another booklet, titled "Safety Guide to Working in Confined Spaces", which is available at offices of the Labour Department. While every care has been taken in the preparation of this guide, the Regulations remain to be the sole authority for the provisions of the law explained. Enquiries relating to these Regulations may be made to: The Industrial Safety Training Centre Labour Department Canton Road Government Offices, 3rd floor Hong Kong Tel. 3-664270 Works to Which the Regulations Apply The Regulations shall take effect when a person enters a confined space in which dangerous fumes are liable to be present to a degree which can involve risk for the person. Under the Regulations, a confined space refers to: (1) a completely enclosed structure with limited access through a manhole e.g. storage tank, tank wagon, boiler, pressure receiver and vessel; or Regulation 4 1
(2) a structure or vessel of such a depth as to require special means of entry and an emergency exit, with its top usually open e.g. chamber, tank, vat, pit, well, caison, vault, bin, silo and shaft; or (3) a structure or ducting of sufficient length with inadequate cross ventilation e.g. tunnel, pipeline, flue, duct and sewer; or (4) a room or enclosed area in which dangerous fumes such as toxic, flammable, explosive or corrosive fumes are present. Regulation 5 Provision of Manholes A proprietor must ensure that a confined space is provided with a manhole unless there is other adequate means of egress. Shape The manhole may be rectangular, oval or circular. Minimum Size (i) General confined space (a) Rectangular or oval = 16" wide X 18" long (b) Circular = 18" diameter (ii) Tank wagon or other mobile plant (a) Rectangular = 14" wide Xl6" long (6) Circular = 16" diameter (iii) Boiler or pressure receiver = 11" wide X 15" long Regulation 2 Interpretation of Approved Breathing Apparatus "Approved breathing apparatus" means any type of breathing apparatus approved by the Commissioner of Labour by notification published in the Government Gazette.
Requirements for Entry All persons who enter or remain in a confined space for any purpose must: (a) (b) wear an approved breathing apparatus; be authorized to enter by the proprietor; and (c) if practicable, wear a safety belt with a rope securely attached to it and the free end of the rope held by another person outside the confined space and is capable of pulling out the person inside the confined space. Safe Entry Certificate and Warning of its Expiry (1) Regulation 6 will not apply if the proprietor has certified that the confined space is, for a specified period, safe for entry without the use of breathing apparatus, but (2) persons are not permitted to enter such a confined space without having been warned when the safe period will expire. Prerequisites of Certification Before issuing a safe entry certificate, the proprietor must ensure that: (a) there is no ingress of dangerous fumes to the confined space; (b) there is no sludge or other deposit in the confined space liable to give off dangerous fumes; and (c) there is no oxygen deficiency in the confined space which would affect normal respiration. Duties of Proprietor to Provide Safety Equipment The proprietor must provide sufficient approved breathing apparatus, suitable reviving apparatus, oxygen vessels, safety belts and ropes, and keep them readily available and in a satisfactory condition. Regulation 6 Regulation 7 Regulation 8 Regulation 9
Duties of Persons Using the Safety Equipment No persons may misuse or, without the consent of the proprietor, interfere with such apparatus or safety equipment. Regulation 10 Regulation 11 Regulation 12 Regulation 13 Regulation 14 Training of Personnel in the Use of the Safety Equipment A proprietor must ensure that a sufficient number of persons in his employ are practised in the use of the approved breathing apparatus, reviving apparatus and other safety equipment provided under Regulation 9(1), and in a method of restoring respiration. Exemption The Commissioner may grant exemption from compliance with any of the requirements of regulations 5 9 6, 7(2), 8(1), 9(1) and 10 if he is satisfied that compliance with those requirements is unnecessary or impracticable. Prohibition of Entry A person must not enter or remain in a confined space in which there is an oxygen deficiency in the air unless he is wearing an approved breathing apparatus or the space has been adequately ventilated and certified by the proprietor as being safe for entry without breathing apparatus. A proprietor shall not permit any person to enter or remain in a boiler-furnace or boiler-flue until it has been sufficiently cooled by ventilation or otherwise. Offences and Penalties for Contravention of the Regulations (1) An employee (whose statutory obligations are mentioned in Regulations 6 and 9(2)) is liable on conviction to a fine or up to $500. (2) A proprietor (whose statutory obligations are mentioned in Regulations 5, 7, 8, 9(1), 10, 12, 13) is liable on conviction to a fine up to $2 5 000.