S.L. 646.19 Art. 7Duties and responsibilities of competent persons.

(1) It shall be the responsibility of the competent person to carry out a proper assessment of the risks to health using accurate, reliable and suitably calibrated monitoring equipment prior to deciding whether to issue a permit to work allowing entry or work into confined spaces: Provided that the employer shall subject the monitoring equipment to a suitable system of maintenance.

(2) Before issuing a permit to work, it shall be the duty of the competent person to give due consideration to any risks to health and safety arising from hazards which are present, or which may arise from, or during the course of the work inside the confined space, and to make recommendations for the elimination of hazards and the control of risks, including with regards to:

(a) the general conditions and the dimensions of the space;

(b) the ease of access and egress into the space, taking into consideration any equipment or protective clothing that the worker is expected to be using;

(c) the risk of fire or explosion;

(d) the risks to health from harmful levels of any gas or fume, or from the lack of oxygen, or from the presence of any other chemical that may pose a risk to health and safety;

(e) the temperatures present in the confined space, or which are likely to be generated during the course of work in the confined space;

(f) the level of lighting;

(g) the nature of the task or tasks to be carried out in the confined space, including the work load;

(h) the level of noise likely to be generated in the confined space;

(i) the risks to health arising out of the use of any chemical or from the ingress of gases, liquids, or free-flowing solids;

(j) the use of electrical equipment, including the risk of electrocution, fire or explosion, and or the risk of oxygen depletion caused by burning, welding or grinding;

(k) the introduction of exhaust fumes from the use of mobile plant or equipment outside the confined space.

(3) The competent person examining a confined space shall issue two copies of a permit to work and shall state in writing:

(a) the level of the oxygen concentration and that of any explosive gas or vapour or of any other hazardous gases present in the confined space, as well as the presence of any other substance which may cause a risk to health or safety;

(b) whether work can be allowed, and the type of work activity to be allowed;

(c) the safety precautions required by any person entering the confined space, and any protective measures which are required to be taken by the employer or by the workers entering the confined space;

(d) the number of persons allowed at any one time in the confined space;

(e) the duration of the validity of the permit to work, and the time at which a further assessment is required: Provided that where the competent person makes any recommendations regarding safety precautions or protective measures that are required to be taken before ingress into the confined space, there shall be entered into the permit to work a declaration by the supervisor at the site that such precautions or measures have been taken: Provided further that until such safety precautions or protective measures indicated by the competent person are taken, no person shall be allowed to enter the confined space.

(4) No permit to work shall be valid unless it contains the name and signature of the competent person and the name and countersignature of the supervisor at the site.

(5) Places which are or can be connected via openings to confined spaces shall be taken into account in assessing risks.