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Sometimes workers will be very certain they are working in a confined space; places such as storage tanks, silos and sewers, or any enclosure with limited access openings, will immediately be identifiable as a confined space. However, some sites may be less obvious; for instance, an open-topped chamber, open-topped pit, large scale ducting or any congested space with reduced air circulation can be deemed a confined space.

A significant number of accidents take place each year when workers are carrying out tasks in such spaces. These accidents are most common in the farming, mining and sewage industries, or in the port and dock sector.

The RIDDOR fatal injury statistics from 2016/17 to 2020/21 show that 24 working people died as a result of drowning or asphyxiation and 134 workers were killed by being trapped by something collapsing or overturning – this includes trench collapse. In 2018 ROSPA said that “a number of people are killed or seriously injured in the UK each year in confined spaces. Health and safety training will enable employees working in confined spaces to get the job done safely.”

Regulations are in place to help prevent such accidents. The main piece of legislation is The Confined Spaces Regulations 1997.

The definition of a confined space

The Regulations define a "confined space" as any place, including any chamber, tank, vat, silo, pit, trench, pipe, sewer, flue, well or any similar space in which, by virtue of its enclosed nature, there is a risk of either:

    • serious injury arising from a fire or explosion
    • loss of consciousness arising from an increase in body temperature
    • loss of consciousness or asphyxiation arising from gas, fume, vapour or the lack of oxygen
    • drowning
    • asphyxiation arising from a free flowing solid substance or the inability to reach air due to being trapped by the solid substance.

What must employers do?

The Regulations place specific duties on employers, who must ensure that all other possible methods of doing the work are exhausted - i.e. that the work can be done from the outside if possible – before allowing the work to go ahead.

If work has to be carried out in the confined space then there must be a safe system of work in place.

This means that a risk assessment must be carried out before entry to the enclosed space is permitted. This will determine the "safe system of work" and appropriate emergency and rescue arrangements. Before any work is carried out there must also be emergency arrangements in place.

HSE warnings

In July 2004, the Health and Safety Executive (HSE) issued an urgent warning following a spate of deaths involving confined spaces, which happened in quick succession over four months.

In one incident three workers on a farm near Thetford, Norfolk, died as a result of being overcome by carbon dioxide while working in a slurry tank, a fourth worker, who was also overcome by fumes was rescued from the tank.

In Hereford, two workers died while working in a 'pit' used in manufacturing and associated with a high-pressure special atmosphere furnace. The workers died due to "lack of oxygen".

Two months earlier, a worker in West Thurrock, Essex died during an incident which occurred as he welded the inside of a petrol tanker.

Do you need to speak to a personal injury solcitor in Scotland?

If you have been involved in an accident where you were working in a confined space then you may be eligible for compensation. Call our No Win No Fee lawyers today for FREE legal advice today on 0800 0891331.

More information can be obtained from the Health & Safety Executive by clicking here.

Legal services for 5 1177
Based on 1982 reviews
Excellent
5/5
5 / 5

Guidance and Support

Robert Cranston and his team were very helpful and providing me with clarity and support throughout the whole process. I wasn't sure at first on the process and was anxious as never been in a position like that before. Robert eased fears and was extremely helpful from beginning to end. Thank you

Matthew Weir
20 August 2024
5 / 5

Great guidance and support

Robert and his team have provided really great support and guidance over what has been an almost 5 year process. Having never been in this situation before I wouldn’t have known what to expect or what was reasonable but I have had support each step of the way. Should I have to go through something like this again I would hope to be allocated the same team. Thank you!

Penny Thompson
8 August 2024
5 / 5

Excellent service

I found the whole team of Joel Very helpful and pleasant helpled through my claim explaining everything clearly as we went along Will definitely recommend them to anyone

John turner
25 July 2024
5 / 5

Professional service

Michael handled what was a very complex and long drawn out case with the utmost care and professionalism. He worked tirelessly to negotiate a sizeable settlement and ensured I was kept up-to-date throughout the process plus explained all the legal jargon clearly. Michael was always very polite and kind whenever we spoke and answered all questions and queries with such care. Michael truly is an asset to Thompsons and I would thoroughly recommend him to others.

Rebecca
26 June 2024
5 / 5

claim

Robert help get me get a settlement for my injury at work, he did this in a very professional way and managed to get me the best settlement for my case.

Anonymous
18 May 2024
5 / 5

Robert Cranston and Team

Having been appointed Robert Cranston and Thompsons Solicitors through my union (Unite), I was pleased initially by his great manners and positive attitude to what I though would be a mundane and relatively small job for him. I really wasn't expecting much from the whole experience. I couldn't have been more wrong. Robert gave me sound advice on what to expect, what time frame could be involved, and how many outside agencies could eventually take part in my case. He advised me to go ahead with legal action when I was really unsure as to whether there was any point in pursuing anything. Robert and his team involved a doctor, an employment expert, a pensions expert and even a psychiatrist to work on my case. This all took time and between Robert, and his team, I was kept fully informed and reassured about how things were going. My case was eventually settled at the pre trial meeting and I was given very sound advice as everything progressed towards that point. Ken and then Leo came on side to assist and provide advice with my case in the later stages, and along with Kath, Lyn and Yvonne, all working in the background, everything ended well into the evening at pre trial. Robert was always there for me. Questions were dealt with as I thought of them and I was reassured every time we spoke that I was being very well advised and cared for. Now that it's over, and I have time to reflect, I cannot fault Thompsons Solicitors in any way. I've been looked after since day one. My outcome, having been left with an amputation after an incident at work on another site, has far exceeded anything I could have initially imagined. It will help me and my wife to get on with our lives, which will of course never be as they previously were. I can wholly recommend Thompsons to look after anyone in need of a solicitor. Thank you Robert and the whole team ( Leo, Ken, Kath, Lyn and Yvonne). You've changed our future in the most positive way. With kind regards and best wishes.. Alan

Alan
27 March 2024
5 / 5

Work accident clain

After an accident at work I was promoted by my Union to pursue a claim for compensation

Thomas Duncan
11 March 2024
5 / 5

Excellent Result

First of all I would like to thank Thompson’s for the sterling job they did for compensation in the fight against FDC after an accident at work in 2019. Especially Robert Cranston who kept me updated at every step. He also explained legal format that was beyond my comprehension. Robert succeeded in securing a comfortable financial gain which I am very grateful for.

Anonymous
7 March 2024
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