Confined Space Entry Permit

What Is a Confined Space Entry Permit?

A Confined Space Entry Permit is a formal written document used in Australian workplaces to control high-risk work. It is not just a piece of paper or a digital formality. It is a legal record that confirms a specific space is safe to enter and that all necessary safety measures are in place before work starts.

Under Australian WHS laws, a confined space is an enclosed or partially enclosed space that is not intended for human occupancy, has limited means of entry and exit, and is at atmospheric pressure. Examples include storage tanks, silos, vats, pits, pipes, sewers, and wells. Because these spaces can harbour unseen dangers like toxic gases or a lack of oxygen, a permit system helps ensure no one enters until those dangers are assessed and controlled.

The permit acts as a checklist for safety. It forces the person in charge to verify that the air is safe to breathe, that energy sources have been locked out, and that rescue plans are ready. It also serves as a direct line of communication, ensuring the workers doing the job understand exactly what they are walking into.

When to Use This Document

You must use a Confined Space Entry Permit whenever a worker needs to physically enter a space that meets the definition of a confined space. This requirement applies across most of Australia under the harmonised Work Health and Safety (WHS) Regulations, specifically Regulation 66. This regulation mandates that a Person Conducting a Business or Undertaking (PCBU) must manage risks to health and safety associated with confined spaces.

You need this document if the entry involves:

• Cleaning, maintenance, or inspection inside a tank or vessel.
• Unblocking sewers or drains.
• Working in a pit or shaft where access is restricted.
• Entering a confined space to install equipment or sensors.

There are very few exceptions. Generally, if the space is not designed for a person to be in there full-time, and it has a restricted entry or exit, you need a permit.

Even if the work seems quick, like a visual inspection that takes ten minutes, the law requires a permit if the space meets the criteria. Hazards can kill instantly, regardless of how long the job takes.

It is important to note that Western Australia operates under slightly different legislation. In WA, the Occupational Safety and Health Regulations 1996 (Regulation 3.64) sets out similar requirements. While the law name differs, the duty to manage risks and use a permit system where risks remain is effectively the same.

Key Sections and Required Elements

A compliant Confined Space Entry Permit must be detailed. It cannot be a generic "permission slip". It needs to capture specific data points that prove the space is safe.

Space Identification

The permit must clearly identify the specific confined space. This includes the location (e.g., "North Site, Tank 4"), the type of space, and a description of what is inside. This prevents confusion if there are multiple tanks or pits on a site.

Hazard and Risk Assessment

The permit must reference the risks identified. This includes atmospheric hazards like low oxygen or toxic gases, as well as physical hazards like engulfment or entrapment. It should link to a broader risk assessment but must summarise the key dangers on the form itself.

Atmosphere Testing Results

This is one of the most critical sections. You must record the oxygen levels, which must be between 19.5% and 23.5%. You also need to record readings for flammable gases (often measured as Lower Explosive Limit or LEL) and any toxic contaminants relevant to the site. The permit must show the time the test was taken, as air quality can change rapidly.

Risk Control Measures

You need to list exactly how you are controlling the risks. This should follow the hierarchy of controls. For example, have you ventilated the space? Have you isolated electricity (Lock-out, Tag-out)? What Personal Protective Equipment (PPE) is required, such as harnesses or respirators?

Authorisation and Sign-off

The permit is not valid until it is signed. It requires the signature of an "Authorised Person" who confirms all controls are in place. It also requires the signature of every person entering the space, confirming they understand the risks and the instructions. There must also be a section to record the "Time In" and "Time Out" of every worker to ensure everyone is accounted for.

How to Write a Confined Space Entry Permit (Step by Step)

Creating a valid permit involves a logical process. Do not treat it as an administrative task to be done back in the office. It must be done at the job site.

Step 1: Confirm the Space Qualifies

First, ensure the space is actually a confined space under the WHS definition. If it is not enclosed, or if it is designed for human occupancy (like a small office), a specific confined space permit is not the right tool. However, you may still need other safety documents for working at heights or in hazardous atmospheres.

Step 2: Conduct a Risk Assessment

Before you write the permit, assess the risks. Look at the history of the tank or pit. Has it held chemicals? Could there be sludge? Review the Safe Work Method Statement if one exists for the task. The permit is a summary of the findings from this assessment.

Step 3: Isolate Energy Sources

If machinery or pipes feed into the space, they must be isolated. This is the "Lock-out, Tag-out" (LOTO) process. Electrical switches must be locked off, and valves closed and tagged. The permit acts as the checklist for this. Do not sign the permit until you have physically verified these isolations.

Step 4: Test the Atmosphere

A competent person must test the air. They need to use calibrated gas detection equipment. Record the results directly onto the permit. If the readings are outside the safe range (e.g., oxygen below 19.5%), you cannot issue the permit. You must ventilate the space and re-test.

Step 5: Detail Control Measures and Rescue Procedures

Write down what safety gear is needed. If a worker needs a tripod and winch for rescue, list it. Define how the workers will communicate with the standby person. Will they use two-way radios, hand signals, or a tether? This must be clear on the permit.

Step 6: Display and Sign

Once the form is filled out, the Authorised Person signs it. The permit must then be displayed at the entrance to the confined space. This is a requirement under Australian Standard AS 2865. Every worker must sign the "Acceptance of Entry" section to show they have read and understood the permit.

Step 7: Monitor and Close

The Stand-by Person holds the permit while work happens. They monitor the time and the conditions. If the alarm sounds or conditions change, work stops. When the job is done and everyone is out, the permit is closed out and signed off.

Common Mistakes to Avoid

Many Australian businesses get fined because they treat the permit as a "tick and flick" exercise. Here are the pitfalls to watch for.

Using Generic "Cut and Paste" Risk Assessments

Every confined space is different. A permit used for a stormwater drain should not be used for a chemical tank without modification. If you copy and paste old permits, you might miss specific hazards like chemical residues or different atmospheric risks. Regulators view this as a breach of your duty of care.

Pre-dating or Pre-signing Permits

Never sign a permit in the office before the checks are done. The law requires the permit to reflect the conditions at the time of entry. If an inspector sees a permit signed at 8:00 AM but the atmosphere test was done at 10:00 AM, you have a problem. The signatures must be authentic and done in real-time.

Failing to Re-test When Work Stops

If the team takes a lunch break or stops work for a significant time, the permit may become "stale". Best practice, and the Code of Practice, dictates that you should cancel the permit during breaks and re-issue it upon return. This forces a re-test of the atmosphere, as conditions can change while no one is looking.

Ignoring the Stand-by Person’s Role

Sometimes businesses issue a permit but leave the worker alone with no one watching. A permit system relies on a Stand-by Person. This person must be present, competent, and focused. They should not be doing other tasks. The permit is their tool to manage the safety of the people inside.

Legal Considerations (AU)

The legal framework around confined spaces in Australia is strict. It applies to every business, from large mining corporations to sole traders.

The Harmonised WHS Laws

Most Australian states and territories follow the model Work Health and Safety Act and WHS Regulations. Under Regulation 66, a PCBU must manage the risks associated with a confined space. If a risk cannot be eliminated, you must minimise it. A permit to work system is the primary way to demonstrate you have done this.

If you operate in NSW, QLD, SA, TAS, ACT, NT, or VIC, you are bound by these laws. Failure to have a permit system can lead to substantial fines and prosecution.

Western Australia

Western Australia has not adopted the harmonised laws. Instead, it uses the Occupational Safety and Health Act 1984 and the Occupational Safety and Health Regulations 1996. Regulation 3.64 specifically deals with confined spaces. It requires the employer to identify hazards and take corrective action. While the wording differs, the requirement for a safe system of work, which usually includes a permit, is enforced just as strictly by WorkSafe WA.

No Small Business Thresholds

Unlike tax laws, there are no thresholds for WHS compliance. A sole trader with no employees is still legally required to manage their own safety. If you are a lone tradie entering a pit, you still need to follow the safety steps. In fact, the risk is higher because there is no one to help if something goes wrong. The administrative burden might be lighter (you might not need a complex corporate sign-off), but the physical safety steps and the need for a record (permit) remain.

Australian Standard AS 2865:2021

While AS 2865 is not legislation, it is a benchmark. Courts and inspectors use this Standard to decide what was "reasonably practicable" in a given situation. Section 4.5 of AS 2865 outlines the requirements for a Permit to Work system. If you have an incident and you have not followed this standard, it is very difficult to defend yourself in court.

Duty to Consult

Section 48 of the WHS Act requires you to consult with workers about safety matters. The permit process is a key part of this consultation. By asking workers to sign the permit and confirming they understand the risks, you are meeting this legal duty. It proves you did not just tell them what to do, but you informed them of the hazards.

Liability and Disclaimers

It is important to remember that a permit is a risk management tool, not a guarantee of safety. Including a disclaimer that the permit is based on current conditions and that entry is forbidden if conditions change can help manage liability. However, you cannot use a permit to waive your legal responsibilities. You cannot sign away your duty of care under Australian Consumer Law.

Frequently Asked Questions (preview)

Do I need a permit for every entry, even if it is just a quick look? Yes. If the space meets the definition of a confined space, you need a permit for every entry. Hazards can cause harm in seconds, so there is no "safe duration" that bypasses the law.

Can I use a digital permit on a tablet? Yes. Industry practice is moving toward digital systems. A digital permit is valid as long as it meets all the content requirements of the Regulations and AS 2865. It must be easily accessible and displayed at the entry point effectively.

Who is authorised to sign a permit? This varies by business, but it must be someone who understands the risks and the control measures. It cannot be a junior employee who has no training. Usually, it is a supervisor, safety manager, or a competent person appointed in writing by the PCBU.

What happens if the alarm goes off while we are inside? The permit should outline this procedure. Generally, workers must evacuate immediately using the emergency exit plan. The Stand-by Person should raise the alarm and follow the emergency response plan. The permit is usually cancelled immediately until the space is re-assessed.

How long is a permit valid for? There is no set legal time limit like "24 hours". However, best practice suggests a permit is valid only for the specific shift or job duration. If there is a break in work or a change in conditions, the permit must be re-issued. Atmospheric testing must be current.