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Canada Occupational Health and Safety Regulations (SOR/86-304)

Regulations are current to 2022-09-22 and last amended on 2022-05-02. Previous Versions

PART XIConfined Spaces (continued)

Verification Before Entry in and During Occupancy of Hazardous Confined Space

  •  (1) The employer must ensure that no person is granted access to a hazardous confined space unless the employer has first appointed a qualified person to

    • (a) verify, by means of tests and continuous monitoring, that if the atmosphere inside the hazardous confined space could be of concern, compliance with the following requirements can be achieved during the period of time that the person is in the space:

      • (i) the concentration of any chemical agent or combination of chemical agents in the hazardous confined space to which the person is likely to be exposed will not exceed

        • (A) the value referred to in paragraph 10.19(1)(a) for that chemical agent or combination of chemical agents, or

        • (B) the percentage set out in subsection 10.20(1), or in subsection 10.20(2) under the circumstances described in that subsection for that chemical agent or combination of chemical agents,

      • (ii) the concentration of any airborne hazardous substance, other than a chemical agent, that a person may be exposed to in the hazardous confined space is not hazardous to the health or safety of the person, and

      • (iii) the percentage of oxygen in the air in the hazardous confined space is not less than 19.5% by volume and not more than 23% by volume, at normal atmospheric pressure;

    • (b) verify that the following conditions are met, or if that is not feasible, that safety measures have been taken, including the use of engineering controls, to ensure the safety of the person who will be in the hazardous confined space:

      • (i) any liquid in which the person could drown has been removed from the hazardous confined space,

      • (ii) any free-flowing solid in which the person could become entrapped has been removed from the hazardous confined space, and

      • (iii) the hazardous confined space is secured to prevent entry of hazardous materials and contaminants; and

    • (c) verify that

      • (i) all electrical and mechanical equipment that could present a hazard to the person has been disconnected from its power source, real or residual, and has been locked out,

      • (ii) the opening for entry into and exit from the hazardous confined space is sufficient to allow the safe passage of a person using protection equipment, including the protection equipment and emergency equipment to be used by a person who takes part in a rescue of a person, and

      • (iii) subject to subsection 11.06(1), the requirements set out in paragraph (a) can be complied with at all times when a person is in the hazardous confined space.

  • (2) The employer must ensure that the qualified person makes certain that any equipment used to test the atmosphere inside a hazardous confined space is used, calibrated and maintained in accordance with the manufacturer’s instructions.

  • (3) The employer must ensure that the qualified person sets out the results of verifications carried out in accordance with subsection (1) in a signed and dated report to the employer that specifies the test methods applied, the results of the tests and of the continuous monitoring, the test equipment used and any failure of the test equipment, control devices or systems.

  • (4) The employer must

    • (a) if the report made under subsection (3) indicates that a person who has entered the hazardous confined space was in danger, send the report to the policy committee, if any, and to the work place committee or the health and safety representative;

    • (b) in all other cases, make the report available, in paper or electronic format, to the policy committee or, if there is no policy committee, to the work place committee or the health and safety representative.

Emergency Procedures and Equipment

  •  (1) If conditions in a hazardous confined space or the nature of the work to be performed in a hazardous confined space are such that the requirements set out in subsection 11.05(1) cannot be complied with at all times when a person is in the hazardous confined space, the employer must

    • (a) in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, establish emergency procedures to be followed in the event of an accident or other emergency in or near the hazardous confined space that include

      • (i) a plan for reporting the emergency, and

      • (ii) a list of necessary resources, including the required number of persons, to carry out the emergency procedures;

    • (b) specify the date when the emergency procedures are established and provide a plan for the immediate evacuation of the hazardous confined space when

      • (i) an alarm is activated, or

      • (ii) there is any significant change in a concentration or percentage referred to in paragraph 11.05(1)(a) that would adversely affect the health or safety of a person in the hazardous confined space;

    • (c) provide the protection equipment referred to in paragraph 11.03(2)(a) for each employee who is about to enter the hazardous confined space;

    • (d) ensure that a qualified person trained in the emergency procedures established under paragraph (a) and the procedures established under section 11.04 is

      • (i) in attendance outside the hazardous confined space, and

      • (ii) in communication with the person inside the hazardous confined space;

    • (e) in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, provide the qualified person referred to in paragraph (d) with a suitable communication device or alarm for summoning assistance; and

    • (f) ensure that the required number of persons as determined in subparagraph (a)(ii) are available to assist in the event of an emergency and to carry out the emergency procedures.

  • (2) The employer must ensure that one of the persons referred to in paragraph (1)(f)

    • (a) is trained in the emergency procedures established under paragraph (1)(a) and receives annual refresher training;

    • (b) has a basic first aid and cardiopulmonary resuscitation (CPR) certificate; and

    • (c) is provided with the protection equipment and emergency equipment referred to in paragraph 11.03(2)(a).

  • (3) The employer must ensure that every person granted access to a hazardous confined space has at their disposal the appropriate emergency procedures set out in paragraphs 11.06(1)(a) and (b) and that they follow those procedures.

  • (4) The employer must ensure that every person entering, exiting or occupying a hazardous confined space referred to in subsection (1) wears an appropriate safety harness that is securely attached to a lifeline that

    • (a) is attached to a secure anchor outside the hazardous confined space;

    • (b) is monitored by the qualified person referred to in paragraph (1)(d);

    • (c) protects the person from the hazard for which it is provided and does not in itself create a hazard; and

    • (d) is, if feasible, equipped with a mechanical lifting device.

Record of Emergency Procedures and Equipment

  •  (1) If a person is about to enter a hazardous confined space under circumstances such that the requirements set out in paragraph 11.05(1)(a) cannot be complied with, the employer must ensure that the qualified person referred to in paragraph 11.06(1)(d), in a signed and dated report to the employer,

    • (a) specifies the emergency procedures established under paragraphs 11.06(1)(a) and (b) that are to be followed and the protection equipment, insulated protection equipment and tools and the emergency equipment that are to be used; and

    • (b) specifies any additional procedures and any other equipment that may be needed to ensure the health and safety of the person.

  • (2) The employer must ensure that the report made under subsection (1) and any emergency procedures specified in it are explained by the qualified person to every employee who is about to enter a hazardous confined space. Every employee who has received the explanation must sign and date a copy of the report to acknowledge that they have read it and that it has been explained to them.

Provision and Use of Equipment

  •  (1) The employer must provide

    • (a) each employee who is granted access to a hazardous confined space with the protection equipment specified under paragraph 11.03(2)(a); and

    • (b) each employee who is to take part in rescue operations with the protection equipment and emergency equipment specified under paragraph 11.03(2)(c).

  • (2) The employer must ensure that every employee who enters, exits or occupies a hazardous confined space follows the procedures established pursuant to subsection 11.04(1) and uses the protection equipment specified under paragraphs 11.03(2)(a) and (b).

  • (3) The employer must ensure that

    • (a) any person who is granted access to a hazardous confined space has the equipment specified in paragraph 11.03(2)(a), failing which the employer must provide it;

    • (b) any person who is to take part in rescue operations has the protection equipment and emergency equipment set out in paragraph 11.03(2)(c); and

    • (c) any person who enters, exits or occupies a hazardous confined space complies with the procedures established in subsection 11.04(1) and uses the protection equipment specified in paragraphs 11.03(2)(a) and (b).

Closing off a Confined Space

 The employer must ensure that no person closes off a confined space unless a qualified person has verified that no person is inside it.

Hot Work

  •  (1) Unless a qualified person has determined that the work can be performed safely, the employer must ensure that hot work is not performed in a hazardous confined space that contains

    • (a) an explosive or flammable hazardous substance in a concentration in excess of 10% of its lower explosive limit; or

    • (b) oxygen in a concentration in excess of 23%.

  • (2) If hot work is to be performed in a hazardous confined space that contains concentrations of flammable or explosive materials in excess of the concentrations set out in paragraph (1)(a) or (b),

    • (a) a qualified person must patrol the area surrounding the hazardous confined space and maintain a fire-protection watch in that area until the fire hazard has passed; and

    • (b) the employer must ensure that the emergency equipment specified under paragraph 11.03(2)(c) is provided in the area referred to in paragraph (a).

  • (3) If an airborne hazardous substance can be produced by hot work in a hazardous confined space, the employer must ensure that no person enters or occupies that hazardous confined space unless

    • (a) the requirements of section 11.11 are met; or

    • (b) that person uses respiratory protection equipment that meets the requirements of sections 12.04, 12.05 and 12.13.

  • SOR/88-68, s. 14
  • SOR/88-632, s. 48(F)
  • SOR/92-544, s. 1
  • SOR/95-286, s. 1(E)
  • SOR/2021-143, s. 1

 [Repealed, SOR/2021-143, s. 1]

 [Repealed, SOR/2021-143, s. 1]

 [Repealed, SOR/2021-143, s. 1]

 [Repealed, SOR/2021-143, s. 1]

 [Repealed, SOR/2021-143, s. 1]

 [Repealed, SOR/2021-143, s. 1]

 [Repealed, SOR/2021-143, s. 1]

 [Repealed, SOR/2021-143, s. 1]

 [Repealed, SOR/2021-143, s. 1]

Ventilation Equipment

  •  (1) If ventilation equipment is used to maintain the concentration of a chemical agent or combination of chemical agents in a hazardous confined space at or below the concentration referred to in subparagraph 11.05(1)(a)(i), or to maintain the percentage of oxygen in the air of a hazardous confined space within the limits referred to in subparagraph 11.05(1)(a)(iii), the employer must not grant access to the hazardous confined space unless

    • (a) the ventilation equipment is

      • (i) equipped with an alarm that will, if the equipment fails, be activated automatically and be audible or visible to every person in the hazardous confined space, or

      • (ii) monitored by an employee who is in constant attendance at the equipment and who is in communication with any person in the hazardous confined space; and

    • (b) if the ventilation equipment fails, the person will have enough time to escape from the hazardous confined space before

      • (i) the concentration of the chemical agent or combination of chemical agents in the hazardous confined space exceeds the concentration referred to in subparagraph 11.05(1)(a)(i), or

      • (ii) the percentage of oxygen in the air of the hazardous confined space ceases to remain within the limits referred to in subparagraph 11.05(1)(a)(iii).

  • (2) If the ventilation equipment fails, the employee referred to in subparagraph (1)(a)(ii) must immediately inform any person in the hazardous confined space of the failure of the equipment.

  • (3) If the report referred to in subsection 11.03(2) determines that a hazardous confined space requires continuous ventilation, the employer must ensure continuous atmospheric monitoring while the hazardous confined space is occupied.

Instruction and Training

  •  (1) The employer must provide every employee who is likely to enter a confined space with instruction and training in

    • (a) the procedures and the emergency procedures established under subsection 11.04(1) and paragraphs 11.06(1)(a) and (b), respectively; and

    • (b) the use of the protection equipment referred to in paragraph 11.03(2)(a).

  • (2) The employer must ensure that no person enters a confined space unless the person is instructed in

    • (a) the procedures and the emergency procedures established under subsection 11.04(1) and paragraphs 11.06(1)(a) and (b), respectively; and

    • (b) the use of the protection equipment referred to in paragraph 11.03(2)(a).

  • (3) The employer must ensure that all persons granted access to a confined space have received instruction and training in accordance with subsection 11.04(1) and paragraph 11.06(1)(a).

 
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