Rank: Super forum user 
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Can anyone out there provide a definition of the RIDDOR identified "enclosed space" folks?
Frank Hallett
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Rank: Super forum user
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No.
Not an official one anyway!
Oh for the days when the people who drafted legislation had an understanding of the need for clarity and accuracy!
Sorry. Mr Grumpy hat on (again)
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Rank: Super forum user 
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Me either! Reg 2 doesn't define it. An oversight?
Are we wondering whether the lift in the other thread is an enclosed space?
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Rank: Super forum user
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Rank: Super forum user
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Interesting, and I do now vaguely recall having read that before (it's an age thing!).
Strange that they don't define this within the regs under 'interpretation'.
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Rank: Super forum user
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Many thanks for the responses gents.
My question is based on what RIDDOR actually says compared to the spin put on it in the HSE Guidance; which is what pops up in preference to RIDDOR itself.
Reg 4.1[h] - any other injury arising from working in an enclosed space which—
(i) leads to hypothermia or heat-induced illness; or
(ii) requires resuscitation or admittance to hospital for more than 24 hours
There is no additional script to identify that it refers to Confined Spaces anywhere in RIDDOR; nor to "similar spaces".
Should we rely on the HSE Guidance as the definitive legal definition? I was under the impression that only Parliament or the Courts could do this!!
Frank Hallett
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Rank: Super forum user
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In the absence of this being defined within the regs themselves, which it appears to be cunningly omitted from section 2 (interpretation) it doesn't seem unreasonable to use the HSE guidance as a definition and I would be surprised if this wasn't 'persuasive' in court should it ever come to that (which seems pretty unlikely)
Otherwise, what other definition are you going to use and is that likely to be more persuasive than HSE guidance?
It seems like a no brainer to me!
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Rank: Super forum user 
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"any other injury arising from working in an enclosed space which:
leads to hypothermia or heat-induced illness
requires resuscitation or admittance to hospital for more than 24 hours"
I wonder why there is the aspect of an enclosed space. This means that hypothermia, heat induced illness, needing resuscitation or overning night stay in hopsital are not RIDDOR specified injuries in situations that are obviolsy not enclosed spaces like out doors.
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Rank: Super forum user
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In a former job - we enclosed a lot of chunks of Highland Scotland (with post and wire fencing) to prevent sheep (and sometimes deer) incursions. So if someone got hypothermia (Highland Scotland - remote, isolated and exposed!) inside the fence - they were in an enclosed space and it would have been reportable?? If they were outside the fence then not???
Obviously makes no sense at all. Which is exactly why I bemoan the loss of drafting expertise.
The courts 'may' accept HSE interpretation - but I would suggest they are equally likely to accept the definition in the Oxford English Dictionary... Which supports my fenced = enclosed space scenario.
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Rank: Super forum user 
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Hi Frank
Which specific guidance are you looking at, tried the old L73 but it has zip.
Chris
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Rank: Super forum user
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I guess you may mean this :-
http://www.hse.gov.uk/ri...r/specified-injuries.htm
I'm not a big fan of web page guidance, as it is subject to change without date, revision level or any other controlling method. So what is good one day may not be the next, and you have no way of proving you used their previous guidance or indeed what that guidance actually said.
Though in terms of the definition suitably vague so they don't have to take responsibility, so it's all down to your..... And hindsight.
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