Confined 

Spaces 

Section 6   Construction, Design and 

Management

Reference should also be made to Common Elements and Requirements, which 

may supersede some parts of this Section.  

6.1  

GENERAL 

6.1.1  

The Construction (Design and Management) Regulations 1994 require a 

formal approach to risk management in the construction process. Duties 

are imposed on clients, designers and contractors to minimise risk during 

construction and to those who operate, maintain repair or demolish 

structures. 

6.1.2  

Designers, manufacturers, importers, suppliers, erectors and installers have 

a duty to eliminate or, where this is not possible, minimise the need to 

enter confined spaces both during normal use of working hours, and for 

cleaning and maintenance. 

6.1.3  

Technical Bulletin (TB) 95/23 and 95/24 give guidance on how the CDM 

Regulations are to be complied with and implemented within the MOD 

and should be read in conjunction with the HSE's Approved Code of 

Practice Managing Construction for Health and Safety L54. The roles and 

duties of the Client, Client Agent, Planning Supervisor, Principal 

Contractor and the Designer are detailed in the Technical Bulletins.  

6.1.4  

The Confined Spaces Regulations: 

n 

prohibit the entry into a confined space for the purpose of carrying 

out work where it is reasonably practicable to carry out the work by 

other means 

n 

require work in a confined space to be carried out only in accordance 

with a safe system of work. 

6.2  

DESIGNER'S 

DUTIES

6.2.1  

It is the Designer's duty to ensure that their designs comply with all 

relevant statutory legislation, regulations and British Standards, good 

practice guidelines and technical guidance documents listed in the latest 

edition of the DE Technical Publications Index. 

6.2.2  

The Designer's key duties under the CDM Regulations are: 

n 

identify the health and safety hazards and risks of the design 

46

April 2005