Confined space deaths: what employers must know

The NSW Government is urging employers to do more to protect employees that work in confined spaces following several tragedies in 2018.

A number of fatalities last year are currently being investigated by SafeWork NSW. According to SafeWork NSW, risks in confined spaces include a lack of oxygen, explosions, airborne contaminants, flood waters, sewerage, smoke and dirt.

SafeWork investigations


SafeWork is currently investigating two deaths in confined spaces. In May, a 28-year-old man and a 35-year-old man died in an incident at a paper mill at Ettamogah. Initial inquiries indicate the men were working in the basement area of the mill when they were overcome by Hydrogen Sulphide gas and collapsed.

In August, a 58-year-old man died on a rural property near Dyraaba with initial inquiries indicating the man was repairing a damaged water tank on the property when he was overcome by fumes and was unable to be revived.

According to Minister for Better Regulation Matt Kean, businesses must include a stand-by person outside of the confined space, conduct atmospheric tests before a worker enters a confined space and ensure there is safety equipment at hand including a safety harness, lifting equipment and a lifeline rope.

“Small spaces like silos, chimneys, tunnels and tanks are not designed to be worked in regularly, but sometimes they need to be accessed for cleaning, maintenance or repairs,” Mr Kean said. “This can quickly become dangerous if oxygen levels deplete and air quality is polluted by chemicals or other fumes.”

Regulations in NSW


NSW’s Work Health and Safety Regulation 2017 covers regulations relating to confined spaces that are either designed to be entered or could be entered inadvertently.


An employer cannot direct a worker to enter confined space without a confined space entry permit. Permits must specify the space, the names of the people permitted to enter it and risk control measures. There must also be appropriate signage before operation commences.


While a worker is inside a confined space they must have continuous communication with a worker outside the space.


Anyone involved in the creation of a confined space (eg designer, contructor, supplier etc) has a duty to eliminate or minimise risk by either eliminating or minimising the need for a worker to enter the confined space. The confined space must also have a safe entry and exit.


Anyone conducting business has a responsibility to ensure no worker enters the confined space until the space meets these requirements. They must also ensure a risk assessment is conducted on the confined space. The risk assessment must be recorded in writing.


Originally posted on Workplace OHS

Contact Us

Zenergy News

WFH reforms come with safety duties & home set-up costs
June 25, 2026
Learn how Victoria's proposed work from home laws affect employer WHS obligations, home office safety, equipment requirements and employee rights.
June 9, 2026
Discover why health and safety recruitment is changing in 2026 and the leadership skills organisations should prioritise when hiring safety professionals.
June 1, 2026
Learn what the transition from WES to WEL means and how Australian businesses can prepare for compliance by December 2026.
May 29, 2026
Learn how Australian businesses can prepare for winter hazards, climate risks and evolving WHS obligations to protect workers and operations.
May 21, 2026
Review your WHS systems before June 30 with this EOFY compliance checklist for Australian businesses. Covers HSE planning, training, audits and psychosocial hazards
May 12, 2026
The safety profession has evolved significantly over the past decade. Once defined primarily by compliance and operational control, it is now increasingly shaped by leadership, culture and a deeper understanding of people. As organisations face more complex risks, safety is no longer just about systems, it’s about how those systems reflect the realities of work. This shift is evident in the experiences of leaders working across some of the most complex and high-risk environments.
More Posts