The Confined Spaces Regulations 1997 set out clear requirements for managing work in confined spaces across a wide range of industries. However, the Regulations do not apply universally in every situation.
Certain activities and environments are specifically excluded, while others are covered under alternative legislation designed to address similar risks.
Understanding where the Regulations do and do not apply is essential for ensuring the correct legal framework is followed when planning confined space work.
Where the Confined Spaces Regulations Do Not Apply
The Regulations do not apply to or in relation to:
- The master or crew of a seagoing ship, or their employer, where work is part of normal shipboard activities carried out under the direction of the master
- Any place below ground in a mine
- Any diving project where the Diving at Work Regulations 1997 apply
These activities are governed by other specific legislation that addresses the risks associated with those environments and work types.
For example, mining and diving operations are covered by dedicated regulatory frameworks, while maritime operations are subject to equivalent requirements designed for shipboard environments.
Maritime Operations and Shipboard Work
In general, the Confined Spaces Regulations do not apply to normal shipboard activities carried out solely by a ship’s crew.
However, there are situations where the Regulations may still be relevant. This includes operations where shorebased workers and the ship’s crew are working together aboard a vessel.
In these cases, all parties involved, including employers, must cooperate to ensure health and safety duties are met. This includes agreeing procedures and clearly defining who has overall control of the work activity, in line with wider health and safety management requirements.
Diving Related Equipment and Activities
While diving operations themselves fall under the Diving at Work Regulations 1997, certain associated activities are still covered by the Confined Spaces Regulations.
This includes work carried out in compression chambers or diving bells when used for:
- Pre and post diving procedures
- Commissioning equipment (setting to work)
- Maintenance activities
These situations are not classified as diving operations under diving legislation and therefore remain within the scope of confined space requirements.
Application Outside Great Britain
The Confined Spaces Regulations apply across Great Britain to all premises and work situations covered by the Health and Safety at Work etc. Act 1974, with specific exceptions already outlined.
The Regulations also extend beyond Great Britain in certain circumstances where the Health and Safety at Work Act applies under international provisions.
However, application outside Great Britain is limited and depends on the specific nature of the work, the location, and the legal framework under which the activity falls.
Offshore and Decommissioned Installations
The Regulations may also apply to certain activities carried out on installations located in the territorial sea that are no longer in active use and are “stacked” or temporarily out of operation.
In these cases, shore based workers undertaking tasks such as maintenance, cleaning, or repair work may still fall within the scope of the Confined Spaces Regulations, depending on the nature of the activity and associated risks.
Understanding the Scope of the Regulations
While the Confined Spaces Regulations 1997 apply broadly across most workplaces, there are specific exclusions and overlapping areas where other legislation takes precedence.
In some cases, confined space requirements may still apply alongside other regulatory frameworks, particularly where different work groups are operating together or where activities fall between regulatory definitions.
Correctly identifying which regulations apply is a key part of planning safe confined space work and ensuring compliance before entry begins.
How Rescue2 Can Support Confined Space Compliance
Understanding your responsibilities under the Confined Spaces Regulations is an important part of protecting those working in and around confined spaces. Ensuring the correct procedures, competent personnel and appropriate control measures are in place helps organisations meet their legal duties while reducing risk.
Rescue2 works with organisations across a wide range of industries, providing practical consultation to help interpret the requirements of the Regulations and apply them to real world operations. From confined space classification and workforce training through to on site safety and rescue provision, our experienced team supports every stage of confined space work.
As the largest confined space company in the UK, our end to end training provides you with the knowledge and skills needed for safety in confined spaces. Our provision, capacity and knowledge are built over years of experience to support you.
Whether you’re reviewing existing procedures or planning a new project, Rescue2 can help you develop a safe, compliant approach to confined space operations.
To discuss your confined space requirements, contact us or explore our full range of confined space safety and rescue services.
If you want to read more about working in confined spaces, you can view the whole document guidance as a PDF here.
Rescue2 Ltd, The Old Stables, Decoy Lane, Arundel Road, Poling, West Sussex BN18 9QA
FAQs – Confined Spaces Regulations 1997: Scope and Application
1. Do the Confined Spaces Regulations apply to all workplaces?
No. The Regulations apply to most workplaces covered by the Health and Safety at Work etc. Act 1974, but there are specific exclusions, including certain maritime, mining, and diving activities.
2. When do the Confined Spaces Regulations not apply?
They do not apply to the master or crew of a seagoing ship during normal shipboard activities, work below ground in mines, or diving projects covered by the Diving at Work Regulations 1997.
3. Do the Regulations apply to ships at sea?
Generally, no. Normal shipboard activities carried out solely by a ship’s crew are excluded. However, they may apply when shore based workers and ship’s crew are working together, depending on the activity.
4. Are diving operations covered under the Confined Spaces Regulations?
No. Diving operations are covered by the Diving at Work Regulations 1997. However, certain related activities such as work in compression chambers or diving bells may still fall under the Confined Spaces Regulations if they are not classed as diving operations.
5. Do the Regulations apply outside Great Britain?
Yes, but only in specific cases. The Regulations extend outside Great Britain where the Health and Safety at Work Act applies under certain legal provisions, but this depends on the nature and location of the work.
6. Can confined space regulations overlap with other legislation?
Yes. In many cases, confined space work is also covered by other legislation such as the Management of Health and Safety at Work Regulations. Different legal frameworks may apply depending on the type of activity being carried out.
