Code of Practice — Confined Spaces

The full title is the Code of Practice: Confined Spaces, published by Safe Work Australia. The code becomes legally binding from 1 July 2026 under Section 26A of the WHS Act in all harmonised jurisdictions. A confined space is defined as an enclosed or partially enclosed space that is not designed or intended primarily as a place of work, has restricted means of entry and exit, and may contain or develop a hazardous atmosphere or may present other risks including engulfment. Common examples include storage tanks, silos, pits, pipes, ducts, sewers, shafts, tunnels, vats, and excavations deeper than 1.5 metres with restricted access. The code covers the full confined space management process from space identification and risk assessment through to entry permit procedures, atmospheric monitoring, ventilation, communication, emergency rescue, and post-entry review.

The code applies to every PCBU who manages, controls, or requires workers to enter confined spaces. Construction companies whose workers enter trenches, manholes, tunnels, and below-grade structures are captured. Manufacturing businesses with storage tanks, vessels, silos, and process equipment requiring internal access for cleaning, inspection, or maintenance must comply. Water and wastewater utilities whose workers enter pump stations, treatment tanks, and sewer systems are covered. Mining operations involving shaft entry, underground workings, and below-grade structures are captured. Agricultural businesses with grain silos, storage tanks, and underground pits must comply. Facility managers responsible for buildings with confined spaces such as lift pits, mechanical plant rooms, and underground services chambers have duties under the code. The code also applies to workers who perform confined space entry and to standby persons and rescue teams.

The code requires PCBUs to identify all confined spaces in their workplaces through a systematic assessment and maintain a confined space register. Each identified space must be risk-assessed considering potential atmospheric hazards including oxygen deficiency, toxic gases, and flammable atmospheres, as well as engulfment, entrapment, and other physical hazards. A confined space entry permit must be issued before each entry, documenting the space identification, atmospheric test results, control measures in place, communication arrangements, and rescue provisions. Atmospheric monitoring must be conducted before entry using calibrated direct-reading instruments capable of measuring oxygen concentration, flammable gas concentration, and the specific toxic gases identified in the risk assessment. Continuous atmospheric monitoring is required during the entry. Ventilation must be provided where the atmosphere is or may become hazardous. Emergency rescue arrangements must be established before entry commences, with rescue equipment immediately available and rescue personnel trained and capable of effecting a rescue within the timeframe necessary to prevent death or serious injury.

First, conduct a comprehensive confined space identification audit across all workplaces and update the confined space register with each space's location, dimensions, access points, potential atmospheric hazards, and historical entry records. Second, review all confined space entry procedures, permit templates, and risk assessments against the code's requirements and update them to address any gaps, particularly in atmospheric monitoring protocols, ventilation requirements, and rescue provisions. Third, verify that all confined space entrants, standby persons, and rescue team members hold current competency-based training that covers atmospheric monitoring instrument use, emergency rescue procedures, and the recognition of atmospheric deterioration. Fourth, audit atmospheric monitoring equipment including gas detectors, ensuring they are currently calibrated, maintained in accordance with manufacturer specifications, and capable of detecting all hazardous atmospheres identified in the space risk assessments. Fifth, conduct a rescue capability assessment for each confined space, verifying that rescue equipment is appropriate for the space configuration, rescue personnel can effect a rescue within the required timeframe, and rescue drills have been conducted and documented.

Confined space incidents frequently result in multiple fatalities, making this one of the highest-consequence areas of WHS enforcement. After 1 July 2026, failure to follow the code constitutes a standalone offence. Category 2 penalties of up to $1,731,500 for a body corporate apply where workers are exposed to atmospheric or engulfment risks through inadequate confined space management. Prohibition notices are issued immediately upon identification of uncontrolled confined space entry — the work stops and cannot resume until the inspector is satisfied that all code requirements are met. Where a confined space incident causes a worker's death, industrial manslaughter charges are available with a maximum penalty of $20,000,000 for a body corporate and 25 years' imprisonment. The multiple-fatality nature of many confined space incidents means that a single event can result in multiple prosecutions with aggregate penalties reaching millions of dollars. All penalties are uninsurable in NSW since 10 June 2020.