Federal Confined Space - Espaces clos
This material has been extracted from the Canada Occupational Health and Safety Regulations, SOR/86-304 to help students understand the subject. It is not an official source of information and must not be used for any other purpose.
It was obtained from the Canadian Legal Information Institute (CanLII – www.canlii.org).
Canada Occupational Health and Safety Regulations SOR/86-304
Canada Labour Code
Interpretation
1.2 In these Regulations,
“CSA” means the Canadian Standards Association; (ACNOR)
“locked out” means, in respect of any equipment, machine or device, that the equipment, machine or device has been rendered inoperative and cannot be operated or energized without the consent of the person who rendered it inoperative; (verrouillé)
“oxygen deficient atmosphere” means an atmosphere in which there is less than 18 per cent by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 135 mm Hg; (air à faible teneur en oxygène)
“protection equipment” means safety materials, equipment, devices and clothing; (équipement de protection)
“qualified person” means, in respect of a specified duty, a person who, because of his knowledge, training and experience, is qualified to perform that duty safely and properly; (personne qualifiée)
PART XI
CONFINED SPACES
Interpretation
11.1 In this Part,
“class of confined spaces” means a group of at least two confined spaces that are likely, by reason of their similarity, to present the same hazards to persons entering, exiting or occupying them; (catégorie d’espaces clos)
“confined space” means an enclosed or partially enclosed space that
(a) is not designed or intended for human occupancy except for the purpose of performing work,
(b) has restricted means of access and egress, and
(c) may become hazardous to any person entering it owing to
(i) its design, construction, location or atmosphere,
(ii) the materials or substances in it, or
(iii) any other conditions relating to it; (espace clos)
“hot work” means any work where flame is used or a source of ignition may be produced. (travail à chaud)
SOR/88-68, s. 14; SOR/88-632, s. 48(F); SOR/92-544, s. 1; SOR/95-286, s. 1(E).
Hazard Assessment
11.2 (1) Where it is likely that a person will, in order to perform work for an employer, enter a confined space and an assessment pursuant to this subsection has not been carried out in respect of the confined space, or in respect of the class of confined spaces to which it belongs, the employer shall appoint a qualified person
(a) to carry out an assessment of the physical and chemical hazards to which the person is likely to be exposed in the confined space or the class of confined spaces; and
(b) to specify the tests that are necessary to determine whether the person would be likely to be exposed to any of the hazards identified pursuant to paragraph (a).
(2) The qualified person referred to in subsection (1) shall, in a signed and dated report to the employer, record the findings of the assessment carried out pursuant to paragraph (1)(a).
(3) The employer shall make a copy of any report made pursuant to subsection (2) available to the work place committee or the health and safety representative.
(4) Subject to subsection (5), the report made pursuant to subsection (2) shall be reviewed by a qualified person at least once every three years to ensure that its assessment of the hazards with which it is concerned is still accurate.
(5) If a confined space has not been entered in the three years preceding the time when the report referred to in subsection (4) should have been reviewed and no entry is scheduled, the report need not be reviewed until it becomes likely that a person will, in order to perform work for an employer, enter the confined space.
SOR/88-68, s. 14; SOR/88-632, s. 49(F); SOR/92-544, s. 1; SOR/95-286, s. 2(F); SOR/2002-208, s. 23.
Entry Procedures
11.3 Every employer shall, after considering the report made pursuant to subsection 11.2(2),
(a) in consultation with the work place committee or the health and safety representative, establish procedures, with the date on which they are established specified therein, that are to be followed by a person entering, exiting or occupying a confined space assessed pursuant to subsection 11.2(1), or a confined space that belongs to a class of confined spaces assessed pursuant to that subsection, and establish, where reasonably practicable, an entry permit system that provides for
(i) specifying, in each case, the length of time for which an entry permit is valid, and
(ii) recording
(A) the name of the person entering the confined space, and
(B) the date and time of entry and the anticipated time of exit;
(b) specify the protection equipment referred to in Part XII that is to be used by every person who is granted access to the confined space by the employer;
(c) specify any insulated protection equipment and tools referred to in Part VIII that a person may need in the confined space; and
(d) specify the protection equipment and emergency equipment to be used by a person who takes part in the rescue of a person from the confined space or in responding to other emergency situations in the confined space.
SOR/92-544, s. 1; SOR/95-286, s. 3; SOR/2002-208, s. 24.
Confined Space Entry
11.4 (1) The employer shall, where a person is about to enter a confined space, appoint a qualified person
(a) to verify, by means of tests, that compliance with the following specifications can be achieved during the period of time that the person will be in the confined space, namely,
(i) the concentration of any chemical agent or combination of chemical agents in the confined space to which the person is likely to be exposed will not result in the exposure of the person
(A) to a concentration of that chemical agent or combination of chemical agents in excess of the value referred to in paragraph 10.19(1)(a), or
(B) to a concentration of that chemical agent or combination of chemical agents in excess of the percentage set out in subsection 10.20(1), or in subsection 10.20(2) under the circumstances described in that subsection,
(ii) the concentration of airborne hazardous substances, other than chemical agents, in the confined space is not hazardous to the health or safety of the person, and
(iii) the percentage of oxygen in the air in the confined space is not less than 18 per cent by volume and not more than 23 per cent by volume, at normal atmospheric pressure;
(b) to verify that
(i) any liquid in which the person could drown has been removed from the confined space,
(ii) any free-flowing solid in which the person may become entrapped has been removed from the confined space,
(iii) the entry of any liquid, free-flowing solid or hazardous substance into the confined space has been prevented by a secure means of disconnection or by the fitting of blank flanges,
(iv) all electrical and mechanical equipment that may present a hazard to the person has been disconnected from its power source, real or residual, and has been locked out, and
(v) the opening for entry into and exit from the confined space is sufficient to allow the safe passage of a person using protection equipment; and
(c) subject to subsection 11.5(1), to verify that the specifications set out in paragraph (a) are complied with during all times that a person is in the confined space.
(2) The qualified person referred to in subsection (1) shall, in a signed and dated report to the employer, set out the results of the verification carried out in accordance with that subsection, including the test methods, the test results and a list of the test equipment used.
(3) The employer shall
(a) where the report made pursuant to subsection (2) indicates that a person who has entered the confined space has been in danger, send the report to the work place committee or the health and safety representative; and
(b) in all other cases, make a written copy or a machine-readable version of the report available to the work place committee or the health and safety representative.
SOR/88-68, s. 14; SOR/92-544, s. 1; SOR/95-286, s. 4; SOR/96-294, s. 3; SOR/2002-208, ss. 25, 43(F).
Emergency Procedures and Equipment
[SOR/95-286, s. 5(F)]
11.5 (1) Where conditions in a confined space or the nature of the work to be performed in a confined space is such that the specifications set out in paragraph 11.4(1)(a) cannot be complied with during all times that a person is in the confined space, the employer shall
(a) in consultation with 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 confined space, which procedures shall specify the date on which they are established and provide for the immediate evacuation of the confined space when
(i) an alarm is activated, or
(ii) there is any significant change in a concentration or percentage referred to in paragraph 11.4(1)(a) that would adversely affect the health or safety of a person in the confined space;
(b) provide the protection equipment referred to in paragraphs 11.3(b), (c) and (d) for each person who is about to enter the confined space;
(c) ensure that a qualified person trained in the entry and emergency procedures established pursuant to paragraph 11.3(a) and paragraph (a) is
(i) in attendance outside the confined space, and
(ii) in communication with the person inside the confined space;
(d) provide the qualified person referred to in paragraph (c) with a suitable alarm device for summoning assistance; and
(e) ensure that two or more persons are in the immediate vicinity of the confined space to assist in the event of an accident or other emergency.
(2) One of the persons referred to in paragraph (1)(e) shall
(a) be trained in the emergency procedures established pursuant to paragraph (1)(a);
(b) be the holder of a basic first aid certificate; and
(c) be provided with the protection equipment and emergency equipment referred to in paragraph 11.3(d).
(3) The employer shall ensure that every person entering, exiting or occupying a 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 confined space;
(b) is controlled by the qualified person referred to in paragraph (1)(c);
(c) protects the person from the hazard for which it is provided and does not in itself create a hazard; and
(d) is, where reasonably practicable, equipped with a mechanical lifting device.
SOR/92-544, s. 1; SOR/95-286, s. 6; SOR/2002-208, s. 26.
Record of Emergency Procedures and Equipment
11.6 (1) When a person is about to enter a confined space under circumstances such that the specifications set out in paragraph 11.4(1)(a) cannot be complied with, the qualified person referred to in paragraph 11.5(1)(c) shall, in a signed and dated report to the employer,
(a) specify those procedures established pursuant to paragraph 11.5(1)(a) 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) specify any additional procedures and any other equipment that may be needed to ensure the health and safety of the person.
(2) The report made pursuant to subsection (1) and any procedures specified therein shall be explained by the qualified person to every employee who is about to enter a confined space, and a copy of the report shall be signed and dated by any employee to whom the report and the procedures have been so explained, acknowledging by signature the reading of the report and the explanation thereof.
SOR/92-544, s. 1; SOR/95-286, s. 7; SOR/2002-208, s. 39.
Provision and Use of Equipment
11.7 (1) The employer shall provide
(a) each person who is granted access to a confined space with the protection equipment specified pursuant to paragraph 11.3(b); and
(b) each person who is to undertake rescue operations with the protection equipment and emergency equipment specified pursuant to paragraph 11.3(d).
(2) The employer shall ensure that every person who enters, exits or occupies a confined space follows the procedures established pursuant to paragraph 11.3(a) and uses the protection equipment specified pursuant to paragraphs 11.3(b) and (c).
SOR/92-544, s. 1; SOR/95-286, s. 8.
Precaution
11.8 No person shall close off a confined space until a qualified person has verified that no person is inside it.
SOR/92-544, s. 1.
Hot Work
11.9 (1) Unless a qualified person has determined that the work can be performed safely, hot work shall not be performed in a confined space that contains
(a) an explosive or flammable hazardous substance in a concentration in excess of 10 per cent of its lower explosive limit; or
(b) oxygen in a concentration in excess of 23 per cent.
(2) Where hot work is to be performed in a confined space that contains concentrations of flammable or explosive materials in excess of the concentration set out in paragraph (1)(a) or (b),
(a) a qualified person shall patrol the area surrounding the confined space and maintain a fire-protection watch in that area until all fire hazard has passed; and
(b) fire extinguishers specified as emergency equipment pursuant to paragraph 11.3(d) shall be provided in the area referred to in paragraph (a).
(3) Where an airborne hazardous substance may be produced by hot work in a confined space, no person shall enter or occupy the confined space unless
(a) section 11.10 is complied with; or
(b) the person uses a respiratory protective device that meets the requirements of sections 12.2, 12.3 and 12.7.
SOR/92-544, s. 1; SOR/95-286, s. 9; SOR/2002-208, s. 43(F).
Ventilation Equipment
11.10 (1) Where ventilation equipment is used to maintain the concentration of a chemical agent or combination of chemical agents in a confined space at or below the concentration referred to in subparagraph 11.4(1)(a)(i), or to maintain the percentage of oxygen in the air of a confined space within the limits referred to in subparagraph 11.4(1)(a)(iii), the employer shall not grant access to the confined space to any person 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 confined space, or
(ii) monitored by an employee who is in constant attendance at the equipment and who is in communication with the person or persons in the confined space; and
(b) in the event of failure of the ventilation equipment, sufficient time will be available for the person to escape from the confined space before
(i) the concentration of the chemical agent or combination of chemical agents in the confined space exceeds the concentrations referred to in subparagraph 11.4(1)(a)(i), or
(ii) the percentage of oxygen in the air ceases to remain within the limits referred to in subparagraph 11.4(1)(a)(iii).
(2) If the ventilation equipment fails to operate properly, the employee referred to in subparagraph (1)(a)(ii) shall immediately inform the person or persons in the confined space of the failure of the equipment.
SOR/92-544, s. 1.
Training
11.11 (1) The employer shall provide every employee who is likely to enter a confined space with instruction and training in
(a) the procedures established pursuant to paragraphs 11.3(a) and 11.5(1)(a); and
(b) the use of the protection equipment referred to in paragraphs 11.3(b), (c) and (d).
(2) The employer shall ensure that no person enters a confined space unless the person is instructed in
(a) the procedures to be followed in accordance with paragraphs 11.3(a) and 11.5(1)(a); and
(b) the use of the protection equipment referred to in paragraphs 11.3(b), (c) and (d).
SOR/92-544, s. 1; SOR/95-286, s. 10(F).
Record Keeping
11.12 The employer shall, at the employer’s place of business nearest to the work place in which the confined space is located, keep a written copy or a machine-readable version of
(a) any report made pursuant to subsection 11.2(2) and the procedures established pursuant to paragraphs 11.3(a) and 11.5(1)(a) for a period of ten years after the date on which the qualified person signed the report or the procedures were established; and
(b) any report made pursuant to subsection 11.4(2)
(i) for a period of ten years after the date on which the qualified person signed the report where the verification procedures undertaken pursuant to paragraphs 11.4(1)(a) and (c) indicate that the specifications set out in subparagraphs 11.4(1)(a)(i) to (iii) were not complied with, and
(ii) in every other case, for a period of two years after the date on which the qualified person signed the report.
SOR/92-544, s. 1.
