Effective from 19th July, our Edinburgh office at 16 - 20 Castle Street, Edinburgh, EH2 3AT, will be temporarily closed as we are in the process of relocating. During this period, there will be no staff at this office.

Please be assured that it is business as usual. You can continue to contact your solicitor by phone or email for any assistance or to discuss your case. We appreciate your understanding and are committed to ensuring that our services remain uninterrupted during this transition.

Claim Now

To ensure we give you the most tailored advice regarding your data breach enquiry, we kindly request that you complete our specialised enquiry form. You can access the form
by clicking on the following button: Click here

Click here to return to the previous window

Sometimes workers will be very certain they are working in a confined space; places such as storage tanks, silos and sewers, or any enclosure with limited access openings, will immediately be identifiable as a confined space. However, some sites may be less obvious; for instance, an open-topped chamber, open-topped pit, large scale ducting or any congested space with reduced air circulation can be deemed a confined space.

A significant number of accidents take place each year when workers are carrying out tasks in such spaces. These accidents are most common in the farming, mining and sewage industries, or in the port and dock sector.

The RIDDOR fatal injury statistics from 2016/17 to 2020/21 show that 24 working people died as a result of drowning or asphyxiation and 134 workers were killed by being trapped by something collapsing or overturning – this includes trench collapse. In 2018 ROSPA said that “a number of people are killed or seriously injured in the UK each year in confined spaces. Health and safety training will enable employees working in confined spaces to get the job done safely.”

Regulations are in place to help prevent such accidents. The main piece of legislation is The Confined Spaces Regulations 1997.

The definition of a confined space

The Regulations define a "confined space" as any place, including any chamber, tank, vat, silo, pit, trench, pipe, sewer, flue, well or any similar space in which, by virtue of its enclosed nature, there is a risk of either:

    • serious injury arising from a fire or explosion
    • loss of consciousness arising from an increase in body temperature
    • loss of consciousness or asphyxiation arising from gas, fume, vapour or the lack of oxygen
    • drowning
    • asphyxiation arising from a free flowing solid substance or the inability to reach air due to being trapped by the solid substance.

What must employers do?

The Regulations place specific duties on employers, who must ensure that all other possible methods of doing the work are exhausted - i.e. that the work can be done from the outside if possible – before allowing the work to go ahead.

If work has to be carried out in the confined space then there must be a safe system of work in place.

This means that a risk assessment must be carried out before entry to the enclosed space is permitted. This will determine the "safe system of work" and appropriate emergency and rescue arrangements. Before any work is carried out there must also be emergency arrangements in place.

HSE warnings

In July 2004, the Health and Safety Executive (HSE) issued an urgent warning following a spate of deaths involving confined spaces, which happened in quick succession over four months.

In one incident three workers on a farm near Thetford, Norfolk, died as a result of being overcome by carbon dioxide while working in a slurry tank, a fourth worker, who was also overcome by fumes was rescued from the tank.

In Hereford, two workers died while working in a 'pit' used in manufacturing and associated with a high-pressure special atmosphere furnace. The workers died due to "lack of oxygen".

Two months earlier, a worker in West Thurrock, Essex died during an incident which occurred as he welded the inside of a petrol tanker.

Do you need to speak to a personal injury solcitor in Scotland?

If you have been involved in an accident where you were working in a confined space then you may be eligible for compensation. Call our No Win No Fee lawyers today for FREE legal advice today on 0800 0891331.

More information can be obtained from the Health & Safety Executive by clicking here.

Legal services for 5 1177
Based on 2063 reviews
Excellent
5/5
5 / 5

Would recommend

Natalie was very supportive and informative from taking on my case to it being finalised. Clear communication, advice and regular contact.

Amanda
2 November 2024
5 / 5

Hard work paid off

After having my case turned down by another company I turned to thompsons hoping that they would take on my case. They did and now after a long time we have had the result we wanted. I cannot thank Joel and the rest of the team that worked on my case enough, they are a credit to thompsons. They supported me continuously throughout and always gave me good information regarding how the case was going and next steps etc.

James allen
25 October 2024
5 / 5

Fantastic

Natalie has been amazing from start to finish. Very informative throughout the process, explaining things to ensure I always understood the process. Met with other employees who were professional and so friendly, making me feel at ease. I felt valued at all times. Would recommend 100%.

Amanda
17 October 2024
5 / 5

Very good advice and explanation of detail for my case

Excellent explanation of my case and very good advice

Jorge silva
4 October 2024
5 / 5

Guidance and Support

Robert Cranston and his team were very helpful and providing me with clarity and support throughout the whole process. I wasn't sure at first on the process and was anxious as never been in a position like that before. Robert eased fears and was extremely helpful from beginning to end. Thank you

Matthew Weir
20 August 2024
5 / 5

Great guidance and support

Robert and his team have provided really great support and guidance over what has been an almost 5 year process. Having never been in this situation before I wouldn’t have known what to expect or what was reasonable but I have had support each step of the way. Should I have to go through something like this again I would hope to be allocated the same team. Thank you!

Penny Thompson
8 August 2024
5 / 5

Excellent service

I found the whole team of Joel Very helpful and pleasant helpled through my claim explaining everything clearly as we went along Will definitely recommend them to anyone

John turner
25 July 2024
5 / 5

Professional service

Michael handled what was a very complex and long drawn out case with the utmost care and professionalism. He worked tirelessly to negotiate a sizeable settlement and ensured I was kept up-to-date throughout the process plus explained all the legal jargon clearly. Michael was always very polite and kind whenever we spoke and answered all questions and queries with such care. Michael truly is an asset to Thompsons and I would thoroughly recommend him to others.

Rebecca
26 June 2024
Injured through no fault of your own?
Call us on
To see how much you could claim
Compensation Specialists
Our offices and meeting places
Talk to Thompsons
Claim Now