Seeking your views on the revised version of the ACOP (L101) relating to the Confined Spaces Regulations 1997
This consultative document seeks your views on the revised version of the Approved Code of Practice (L101) relating to the Confined Spaces Regulations 1997. This revision follows the agreement to review such documents identified by Professor Ragnar Löfstedt.
The amends proposed are designed to bring the document up to date with regulatory and other changes and to make the understanding and use of the document easier, particularly with clarifying the definition of a confined space The amendments also accommodate suggestions made in the earlier consultation in September 2012.
The proposed amendments will be of interest to those involved in work within confined spaces, those who employ or train such people and those that represent them.
View the consultative document 
.
This consultative document is issued by the Health and Safety Executive in compliance with its duty to consult under section 16 of the Health and Safety at Work etc Act 1974.
Comments should be sent to:
Rob McGreal
Health and Safety Executive
Redgrave Court
Merton Road
Bootle
Merseyside
L20 7HS
E-mail: CSRACOPconsultation@hse.gsi.gov.uk
to reach there no later than 30 September 2014.
The Executive tries to make its consultation procedure as thorough and open as possible. Responses to this consultation document will be lodged in the Health and Safety Executive’s Knowledge Centre after the close of the consultation period where they can be inspected by members of the public.
How to Respond
The proposals and the consultation questions can be found at the end of this document and also at
http://www.hse.gov.uk/consult/condocs/cdXXX.htm. You are welcome to comment on any issue raised by this document.
What happens next?
The HSE will provide a summary of those who responded to this consultation and produce a summary of the relevant views expressed to each question; this information will be placed on HSE’s website.
How your responses will be handled
HSE will give full consideration to the substance of arguments in the responses received and then decide on how best to take the proposals forward based on an interpretation and analysis of those responses.
Summary
1. This consultative document invites views on the revised Approved Codes of Practice (ACOP) “Safe work in Confined Spaces – Confined Spaces Regulations 1997” – L101.
2. This consultation is undertaken in compliance with Section 16 of the Health and Safety at Work etc Act 1974 which requires HSE to consult on revisions to ACOPs prior to seeking Ministerial consent to approve the revised ACOP.
3. The consultation presents the draft revised ACOP and associated guidance as prepared by HSE, taking into account feedback from the earlier consultation, and seeks views on some specific questions. These are set out at the end of this consultation document.
The outcome of the initial consultation on proposals to review ACOP L101
The initial consultation sought views on the following proposal for reviewing ACOP L101:
Do you agree with the proposals to update and revise the Safe work in confined spaces ACOP for publication by the end of 2014?
Overall, there were a total of 109 responses 98 where in favour of doing so and only two opposed the review (nine responders did not express a clear opinion).
Significant issues identified included:
• clarifying the definition of a confined space. Feedback prior to the consultation had identified that the definition was causing confusion including issues of new technology such as the use of reduced oxygen systems for fire suppression.
• making the content simpler both to use and understand to increase compliance, remove burdens on those employers describing enclosed spaces as confined spaces in error and make training less complicated.
• Concerns about the potential costs of adjusting to major changes to the document, e.g. costs of making changes to procedures and systems, and costs of retraining based on the revised ACOP.
The document then continues to cover the parts of the Regulations.
