Confined Space

A confined space is defined as a place:

that is partially or fully enclosed
that is not both designed and constructed for continuous human occupancy, and
where atmospheric hazards may occur because of its construction, location, or contents, or because of work that is done in it.

Physical hazards found in a confined space often present a greater danger inside an enclosed space than they do outside.

Confined Space Program

The confined space program can apply to one or more confined spaces. Program elements must include: [O. Reg. 632/05, s. 5]

a method of recognizing each confined space
a method for assessing the hazards to which workers may be exposed
a method for developing plans for controlling the hazards
a method for training workers
an entry permit system setting out measures and procedures to be followed when working in a confined space.

Employers must provide a copy of the program to the constructor of a project. In turn, the constructor must provide a copy of the program to the project's joint health and safety committee or health and safety representative, if any. A copy must also be available to other employers to which the program relates and every worker if there is no project joint health and safety committee or health and safety representative. [O. Reg. 632/05, s. 4]

Before allowing any worker to enter a confined space, employers must develop a written confined space program. The employer must maintain the program.

Before allowing a worker to enter a confined space, the employer must develop and maintain a written confined space program that meets the requirements of the Confined Spaces Regulation. [O. Reg. 632/05, s. 5] In the case of a workplace that is not a project, a confined space program must be developed and maintained in consultation with the joint health and safety committee or the health and safety representative. Employers must provide a copy of the program to the constructor of a project. In turn, the constructor must provide a copy of the program to the project's joint health and safety committee or health and safety representative, if any. A copy must also be available to other employers to which the program relates, and to every worker if there is no project joint health and safety committee or health and safety representative. [O. Reg. 632/05, s. 5]

If workers from more than one employer will be entering the confined space, the constructor must prepare a confined space coordination program. A copy of the confined space coordination document must be provided to each employer who is performing work in the confined space and to the project's joint health and safety committee or the health and safety representative. [O. Reg. 632/05, s. 5]

Coordination

When workers of more than one employer perform work in the same confined space, the constructor must prepare a coordination document to ensure that the various employers perform their duties in a way that protects the health and safety of all workers. A copy of the coordination document must be provided to: [O. Reg. 632/05, s. 4]

each employer of workers who perform work in the same confined space
the project's joint health and safety committee or health and safety representative.

If the workplace is not a project, the work detailed in the coordination document may assign this duty to one or more employers. [O. Reg. 632/05, s. 4(3)]

Hazard Assessment

Before each time that a worker enters a confined space, a person with adequate knowledge, training and experience must perform a written hazard assessment. The name of the competent worker must appear on the assessment, that person must give a copy to the employer, and the employer must keep a record of the competent worker's qualifications. [O. Reg. 632/05, s. 6]

The hazard assessment must take into account: [O. Reg. 632/05, s. 6]

the hazards that may exist in the confined space
the hazards that may develop while work is performed inside the confined space
general safety hazards in the confined space.

An assessment is generally required for each confined space. But if there are two or more similar confined spaces containing the same hazards, then you need only a single assessment document but each confined space must be clearly identified and recorded. The record of an assessment may be incorporated into an entry permit under section 10. [O. Reg. 632/05, s. 6]

If requested, the employer must give copies of the assessment and the qualifications of the person with adequate knowledge, training and experience to

the projectʼs joint health and safety committee, or
the health and safety representative, or
every worker involved in the confined space entry if the project has no joint health and safety committee or health and safety representative.

The employer must review the assessment as often as necessary to make sure that the plans remain adequate. [O. Reg. 632/05, s. 6]

Plan

Once the hazards have been identified in the assessment, a competent person must develop a plan to eliminate the hazards or control the risks. The primary objective of the plan is to eliminate the hazard before entry. If this is not possible, then controls, measures, and procedures must be put in place to ensure that workers are not in danger. If confined spaces are of similar construction and present the same hazards, a single plan can be used as long as the individual confined spaces are clearly identified in both the hazard assessment and the plan. The plan must contain provisions for: [O. Reg. 632/05, s. 7]

Duties of workers

Co-ordination document (prepared by the constructor) if workers of more than one contractor enter the same confined space
On-site rescue procedures
Rescue equipment and methods of communication
Protective clothing and equipment
Isolation of energy and control of material movement
Attendants
Adequate means of entry and exit (access and egress)
Atmospheric testing (conducted by a competent worker)
Adequate procedures for working in the presence of explosive or flammable substances
Ventilation and purging

Worker Training

Workers entering a confined space must be trained by a competent person before they enter a confined space. The training must be developed in consultation with the joint health and safety committee or worker representative, and include: [O. Reg. 632/05, s. 8]

recognizing the hazards and potential hazards in the confined space, [O. Reg. 632/05, s. 8]
safe work practices, [O. Reg. 632/05, s 8]
and the importance of following the confined space entry plan. [O. Reg. 632/05, s. 9]

General hazard identification training and plan specific training may be combined. [O. Reg. 632/05, s. 8]

You must review the content of the training at least annually, and whenever there is a change in circumstances such as a change in an industrial process. If the review indicates that the training is not adequate, you must provide additional training.

You must keep a record of the names of trainers, trainees, as well as the date of training. If the project’s joint health and safety committee or health and safety representative wants a copy of the record, you must provide one. [O. Reg. 632/05, s. 8] [O. Reg. 632/05, s. 9]

Entry Permits

Employers must issue a separate entry permit each time work is to be performed in a confined space before any worker enters the confined space. Before each shift, a competent person must verify that the permit issued complies with the plan. Entry permits must be understood by everyone involved in the job and must be readily available to every person entering the confined space. [O. Reg. 632/05, s. 10]

Entry permits must include [O. Reg. 632/05, s. 10]

the location and description of the confined space
a description of the work
a description of the hazards and the corresponding controls
the time period for which the entry permit applies
the name of the attendant
a record of each worker who enters and leaves
a list of the equipment required for entry and rescue, and verification that the equipment is in good working order
the results of the atmospheric testing
additional procedures and control measures if hot work is to be done.

On-site rescue procedures

Adequate written on-site rescue procedures for each confined space must be developed and ready for immediate implementation. Before workers enter a confined space, employers must provide the necessary number of competent rescue personnel. [O. Reg. 632/05, s. 11]

Rescue personnel persons must be trained in: [O. Reg. 632/05, s. 11]

on-site rescue procedures
first aid and cardio-pulmonary resuscitation; and
the use of the rescue equipment required by a relevant plan.

Employers are responsible for making sure that identified rescue equipment must be: [O. Reg. 632/05, s. 12]

readily available,
appropriate for entry into the confined space,
inspected as often as is necessary, by a competent person designated by the employer, and
a written record of these inspections must be kept by the employer or constructor.

The employer must have methods of communication in place that are appropriate for the hazards identified in the assessment, and make these communication methods available to the workers and the attendant. [O. Reg. 632/05, s. 12]

Personal protective equipment, clothing and devices

Employers must ensure workers in a confined space are provided with the necessary personal protective equipment, clothing and devices according to a relevant plan. [O. Reg. 632/05, s. 13]

Isolation of Energy and Control of Material Movement

The following sources of energy must be controlled by taking the steps outlined, or if this method(s) is not practical, other satisfactory means may be used according to a relevant plan: [O. Reg. 632/05, s. 14]

Blanking or disconnecting piping can be used to protect against the release of hazardous substances.
Electrical equipment in the confined space should be disconnected, tagged, locked out, and grounded when possible.
Isolating equipment that moves in any way. This isolation can be achieved by disconnecting the equipment from its power source and de-energizing the equipment, or lockout and tagging, blocking or other means.

Employers must also use measures to protect workers from drowning, engulfment, entrapment, suffocation and other hazards from free-flowing material. [O. Reg. 632/05, s. 14]

Attendants

An attendant must be present whenever a worker enters a confined space. The attendant is not allowed to enter the confined space, unless he or she is replaced by another attendant according to the plan. The attendant must: [O. Reg. 632/05, s. 15]

be assigned,
remain outside and near to the entrance (or the entrance that will best allow the attendant to perform their duties),
be in constant communication (visual or speech) with all workers in the confined space,
be provided with a device for summoning adequate rescue response in case of emergency,
monitor the safety of workers inside the confined space,
provide assistance as necessary, and
summon adequate rescue procedure if required.

The attendant is not allowed to enter the confined space to perform a rescue even after help has arrived unless he or she is replaced by another attendant in accordance with the plan. [O. Reg. 632/05, s. 15]

Entry and Exit (Access and Egress)

Confined space entrances and exits must be provided to all workers and according with relevant plan. [O. Reg. 632/05, s. 16] Entrances and exits must be secured so that only authorized workers can enter. There must be adequate barricades and warning signs. [O. Reg. 632/05, s. 17]

Atmospheric testing

The employer must appoint a competent person to safely test the atmosphere in the confined space before and during the time a worker is there to ensure that acceptable atmospheric levels are maintained according to the relevant plan. If the confined space has been left unoccupied and unattended, you must perform the testing again. Testing instruments must be properly calibrated, maintained and be appropriate for the hazards in each specific confined space. Results of every sample of a test must be recorded on the entry permit. If continuous monitoring is performed, test results must be recorded at adequate intervals. [O. Reg. 632/05, s. 18]

Explosive and flammable substances

The employer must make sure that elimination of hazards or control of risks from explosive and flammable substances is achieved by ventilation, purging or other means, according to the relevant plan. [O. Reg. 632/05, s. 19]

The employer must make sure that no worker enters or remains in a confined space that contains, or is likely to contain, an airborne combustible dust or mist whose atmospheric concentration may create a hazard of explosion. [O. Reg. 632/05, s. 19]

Generally, when there is an accumulation of flammable, combustible or explosive agents in a confined space, entry is allowed only if: [O. Reg. 632/05, s. 19(5)]

the hazardous atmosphere is rendered inert by adding an inert gas and it can be continuously monitored to ensure it remains inert
the workers use adequate respiratory protective equipment
adequate rescue equipment is provided so that the person outside can locate and rescue the worker
other equipment is provided as is necessary to ensure the worker’s safety.

The following are the legislated exceptions: [O. Reg. 632/05, s. 19]

The inspection will not create a source of ignition. Atmospheric concentration of an explosive or flammable gas or vapour is less than 25% of its lower explosive limit (LEL), as determined by a combustible gas instrument.
If cold work is being done, the concentration of flammable gas or vapour must be less than 10% of its LEL.
If hot work is being done and all the following conditions are in place:
- the concentration of flammable or explosive gas less than 5% of its LEL,
- the oxygen content will likely remain less than 23%,
- the atmosphere is monitored continuously,
- an entry permit provides for control measures for hot work, and corresponding control measures,
- an adequate warning system and exit procedure are in place if explosive or flammable gas or vapour exceeds 5% of its LEL or oxygen content of the atmosphere exceeds 23 per cent by volume.

Ventilation and purging

Ventilation, purging or both may be required to ensure safe atmospheric conditions. [O. Reg. 632/05, s. 20] If mechanical ventilation is used , an adequate warning system and exit procedure is required. [O. Reg. 632/05, s. 20]

If mechanical ventilation or purging is not practical: [O. Reg. 632/05, s. 20]

the workers must use adequate respiratory protective equipment
adequate rescue equipment must be provided so that the person outside can locate and rescue the worker
other equipment must be provided as is necessary to ensure the worker’s safety

Recordkeeping

The constructor for the project, and the employer for the workplace or project, as the case may be, must keep records of every: [O. Reg. 632/05, s. 21] [O. Reg. 632/05, s. 22]

plan
assessment
coordination document
training
entry permit
record of rescue equipment inspection
record of tests

All the above records must be kept for at least one year after the project is finished, or a period that is necessary to maintain at least the two of the most recent records of each kind concerning each particular confined space, whichever time period is longer. The records must be available for inspection. Records must be kept by those responsible for creating them. On a project, they may be kept by either the employer or the constructor.

Confined Spaces

O. Reg. 632/05

Section 4 Confined spaces with multi-employer involvement

4. (1) This section applies if the workers of more than one employer perform work in the same confined space or related work with respect to the same confined space.

(2) Before any worker enters the confined space or begins related work with respect to the confined space, the lead employer or, in the case of a project, the constructor, shall prepare a co-ordination document to ensure that the duties imposed on employers by sections 5 to 7, 9 to 12 and 14 to 20 are performed in a way that protects the health and safety of all workers who perform work in the confined space or related work with respect to the confined space.

(3) Without restricting the generality of subsection (2), in the case of a workplace that is not a project, the co-ordination document may provide for the performance of a duty or duties referred to in that subsection by one or more employers on behalf of one or more other employers with respect to some or all of the workers.

(4) A copy of the co-ordination document shall be provided to,

(a) each employer of workers who perform work in the same confined space or related work with respect to the same confined space;

(b) in the case of a workplace that is not a project, the joint health and safety committee or health and safety representative, if any, for each employer of workers who perform work in the same confined space or related work with respect to the same confined space; and

(c) in the case of a workplace that is a project, the joint health and safety committee or health and safety representative, if any, for the project.

[O. Reg. 95/11, s. 3]

Section 5 Program

5. (1) If a workplace includes a confined space that workers may enter to perform work, the employer shall ensure that a written program for the confined space is developed and maintained in accordance with this Regulation before a worker enters the confined space.

(2) A program described in subsection (1) may apply to one or more confined spaces.

(3) In the case of a workplace that is not a project, the program described in subsection (1) shall be developed and maintained in consultation with the joint health and safety committee or the health and safety representative, if any.

(4) A program described in subsection (1) shall be adequate and shall provide for,

(a) a method for recognizing each confined space to which the program applies;

(b) a method for assessing the hazards to which workers may be exposed, in accordance with section 6;

(d) a method for the training of workers, in accordance with section 8 or section 9.1, as the case may be; and

(e) an entry permit system that sets out the measures and procedures to be followed when work is to be performed in a confined space to which the program applies.

(5) In the case of a workplace that is not a project, the employer shall provide a copy of the program to the joint health and safety committee or the health and safety representative, if any.

(6) In the case of a workplace that is a project, the employer shall provide a copy of the program to the constructor, who shall provide a copy of it to the project's joint health and safety committee or the health and safety representative, if any.

(7) The employer or constructor, as the case may be, shall ensure that a copy of the program is available to,

(a) any other employer of workers who perform work to which the program relates; and

(b) every worker who performs work to which the program relates, if the workplace has no joint health and safety committee or health and safety representative.

[O. Reg. 95/11, s. 4]

Section 6 Assessment

6. (1) Before any worker enters a confined space, the employer shall ensure that an adequate assessment of the hazards related to the confined space has been carried out.

(2) The assessment shall be recorded in writing and shall consider, with respect to each confined space,

(a) the hazards that may exist due to the design, construction, location, use or contents of the confined space; and

(b) the hazards that may develop while work is done inside the confined space.

(3) The record of the assessment may be incorporated into an entry permit under section 10.

(4) If two or more confined spaces are of similar construction and present the same hazards, their assessments may be recorded in a single document, but each confined space shall be clearly identified in the assessment.

(5) The employer shall appoint a person with adequate knowledge, training and experience to carry out the assessment and shall maintain a record containing details of the person's knowledge, training and experience.

(6) The assessment shall contain the name of the person who carries out the assessment.

(7) The person shall sign and date the assessment and provide it to the employer.

(8) On request, the employer shall provide copies of the assessment and of the record mentioned in subsection (5) to,

(a) the joint health and safety committee or the project's joint health and safety committee, as the case may be, or the health and safety representative, if any; or

(b) every worker who performs work to which the assessment relates, if the workplace has no joint health and safety committee or health and safety representative.

(9) The employer shall ensure that the assessment is reviewed as often as is necessary to ensure that the relevant plan remains adequate.

[O. Reg. 95/11, s. 5]

Section 7 Plan

7. (1) Before any worker enters a confined space, the employer shall ensure that an adequate written plan, including procedures for the control of hazards identified in the assessment, has been developed and implemented by a competent person for the confined space.

(2) The plan may be incorporated into an entry permit under section 10.

(3) The plan shall contain provisions for,

(a) the duties of workers;

(b) co-ordination in accordance with section 4, if applicable;

(d) rescue equipment and methods of communication, in accordance with section 12;

(e) personal protective equipment, clothing and devices, in accordance with section 13;

(f) isolation of energy and control of materials movement, in accordance with section 14;

(g) attendants, in accordance with section 15;

(h) adequate means for entering and exiting, in accordance with section 16;

(i) atmospheric testing, in accordance with section 18;

(j) adequate procedures for working in the presence of explosive or flammable substances, in accordance with section 19; and

(k) ventilation and purging, in accordance with section 20.

(4) One plan may deal with two or more confined spaces that are of similar construction and present the same hazards as identified by the assessment.

(5) The employer shall ensure that the plan is reviewed as often as is necessary to ensure that it remains adequate.

Section 8 Hazard recognition and other general training - workplaces other than projects

8.(0.1) This section does not apply to workplaces that are projects.

(1) Every worker who enters a confined space or who performs related work shall be given adequate training for safe work practices for working in confined spaces and for performing related work, including training in the recognition of hazards associated with confined spaces.

(2) The employer shall appoint a person with adequate knowledge, training and experience to conduct the training.

(3) The employer shall ensure that training under this section is developed in consultation with the joint health and safety committee or the health and safety representative, if any.

(4) The employer shall ensure that training under this section is reviewed, in consultation with the joint health and safety committee or the health and safety representative, if any, whenever there is a change in circumstances that may affect the safety of a worker who enters a confined space in the workplace, and in any case at least once annually.

(5) The employer shall maintain up-to-date written records showing who provided and who received training under this section, the nature of the training and the date when it was provided.

(6) The records may be incorporated into an entry permit under section 10.

(7) Training under this section may be combined with training under section 9.

[O. Reg. 95/11, s. 6]

Section 9 Plan-specific training - workplaces other than projects

9. (0.1) This section does not apply to workplaces that are projects.

(1) The employer shall ensure that every worker who enters a confined space or who performs related work,

(a) receives adequate training, in accordance with the relevant plan, to work safely and properly; and

(b) follows the plan.

(2) The employer shall maintain up-to-date written records showing who provided and who received training under this section, and the date when it was provided.

(3) The records may be incorporated into an entry permit under section 10.

(4) Training under this section may be combined with training under section 8.

[O. Reg. 95/11, s. 7]

Section 10 Entry permits

10. (1) The employer shall ensure that a separate entry permit is issued each time work is to be performed in a confined space, before any worker enters the confined space.

(2) An entry permit shall be adequate and shall include at least the following:

1. The location of the confined space.

2. A description of the work to be performed there.

3. A description of the hazards and the corresponding control measures.

4. The time period for which the entry permit applies.

5. The name of the attendant described in section 15.

6. A record of each worker's entries and exits.

7. A list of the equipment required for entry and rescue, and verification that the equipment is in good working order.

8. Results obtained in atmospheric testing under section 18.

9. If the work to be performed in the confined space includes hot work, adequate provisions for the hot work and corresponding control measures.

(3) Before each shift, a competent person shall verify that the entry permit complies with the relevant plan.

(4) The employer shall ensure that the entry permit, during the time period for which it applies, is readily available to every person who enters the confined space and to every person who performs related work with respect to the confined space.

Section 11 On-site rescue procedures

11. (1) The employer shall ensure that no worker enters or remains in a confined space unless, in accordance with the relevant plan, adequate written on-site rescue procedures that apply to the confined space have been developed and are ready for immediate implementation.

(2) Before a worker enters a confined space, the employer shall ensure that an adequate number of persons trained in the matters listed in subsection (3) are available for immediate implementation of the on-site rescue procedures mentioned in subsection (1).

(3) The persons shall be trained in,

(a) the on-site rescue procedures mentioned in subsection (1);

(b) first aid and cardio-pulmonary resuscitation; and

Section 12 Rescue equipment and methods of communication

12. (1) The employer shall ensure that the rescue equipment identified in the relevant plan is,

(a) readily available to effect a rescue in the confined space;

(b) appropriate for entry into the confined space; and

(c) inspected as often as is necessary to ensure it is in good working order, by a person with adequate knowledge, training and experience who is appointed by the employer.

(2) The inspection under clause (1) (c) shall be recorded in writing by the person, and the record of the inspection may be incorporated into the entry permit under section 10.

(3) The employer shall establish methods of communication that are appropriate for the hazards identified in the relevant assessment, and shall make them readily available for workers to communicate with the attendant described in section 15.

Section 13 Personal protective equipment, clothing and devices

13. The employer shall ensure that each worker who enters a confined space is provided with adequate personal protective equipment, clothing and devices, in accordance with the relevant plan.

Section 14 Isolation of energy and control of materials movement

14. The employer shall, in accordance with the relevant plan, ensure that each worker entering a confined space is adequately protected,

(a) against the release of hazardous substances into the confined space,

(i) by blanking or disconnecting piping, or

(ii) if compliance with subclause (i) is not practical in the circumstances for technical reasons, by other adequate means;

(b) against contact with electrical energy inside the confined space that could endanger the worker,

(i) by disconnecting, de-energizing, locking out and tagging the source of electrical energy, or

(ii) if compliance with subclause (i) is not practical in the circumstances for technical reasons, by other adequate means;

(i) by disconnecting the equipment from its power source, de-energizing the equipment, locking it out and tagging it, or

(ii) if compliance with subclause (i) is not practical in the circumstances for technical reasons, by immobilizing the equipment by blocking or other adequate means; and

(d) against drowning, engulfment, entrapment, suffocation and other hazards from free-flowing material, by adequate means.

[O. Reg. 23/09, s. 2]

Section 15 Attendant

15. (1) Whenever a worker is to enter a confined space, the employer shall ensure that an attendant,

(a) is assigned;

(b) is stationed outside and near,

(i) the entrance to the confined space, or

(ii) if there are two or more entrances, the one that will best allow the attendant to perform his or her duties under subsection (2);

(c) is in constant communication with all workers inside the confined space, using the means of communication described in the relevant plan; and

(d) is provided with a device for summoning an adequate rescue response.

(2) The attendant shall not enter the confined space at any time and shall, in accordance with the relevant plan,

(a) monitor the safety of the worker inside;

(b) provide assistance to him or her; and

Section 16 Means for entering and exiting

16. An adequate means for entering and exiting shall be provided for all workers who enter a confined space, in accordance with the relevant plan.

Section 17 Preventing unauthorized entry

17. If there is a possibility of unauthorized entry into a confined space, the employer, or in the case of a project, the constructor, shall ensure that each entrance to the confined space,

(a) is adequately secured against unauthorized entry; or

(b) has been provided with adequate barricades, adequate warning signs regarding unauthorized entry, or both.

[O. Reg. 95/11, s. 9]

Section 18 Atmospheric testing

18. (1) The employer shall appoint a person with adequate knowledge, training and experience to perform adequate tests as often as necessary before and while a worker is in a confined space to ensure that acceptable atmospheric levels are maintained in the confined space in accordance with the relevant plan.

(2) If the confined space has been both unoccupied and unattended, tests shall be performed before a worker enters or reenters.

(3) The person performing the tests shall use calibrated instruments that are in good working order and are appropriate for the hazards identified in the relevant assessment.

(4) The employer shall ensure that the results of every sample of a test are recorded, subject to subsection (5).

(5) If the tests are performed using continuous monitoring, the employer shall ensure that test results are recorded at adequate intervals.

(6) The tests shall be performed in a manner that does not endanger the health or safety of the person performing them.

(7) In this section,

"sample" means an individual reading of the composition of the atmosphere in the confined space;

"test" means a collection of samples.

Section 19 Explosive and flammable substances

19. (1) This section applies only in respect of atmospheric hazards described in clause (a) of the definition of "atmospheric hazards" in section 1.

(2) The employer shall ensure that this section is complied with, by ventilation, purging, rendering the atmosphere inert or other adequate means, in accordance with the relevant plan.

(3) The employer shall ensure that no worker enters or remains in a confined space that contains or is likely to contain an airborne combustible dust or mist whose atmospheric concentration may create a hazard of explosion.

(4) The employer shall ensure that no worker enters or remains in a confined space that contains or is likely to contain an explosive or flammable gas or vapour, unless one of the following applies:

1. The worker is performing only inspection work that does not produce a source of ignition. In the case of an explosive or flammable gas or vapour, the atmospheric concentration is less than 25 per cent of its lower explosive limit, as determined by a combustible gas instrument.

2. The worker is performing only cold work. In the case of an explosive or flammable gas or vapour, the atmospheric concentration is less than 10 per cent of its lower explosive limit, as determined by a combustible gas instrument.

3. The worker is performing hot work. All the following conditions are satisfied:

i. In the case of an explosive or flammable gas or vapour, the atmospheric concentration is less than 5 per cent of its lower explosive limit, as determined by a combustible gas instrument.

ii. The atmosphere in the confined space does not contain, and is not likely to contain while a worker is inside, an oxygen content greater than 23 per cent by volume.

iii. The atmosphere in the confined space is monitored continuously.

iv. The entry permit includes adequate provisions for hot work and corresponding control measures.

v. An adequate warning system and exit procedure are provided to ensure that workers have adequate warning and are able to exit the confined space safely if either or both of the following occur:

A. In the case of an explosive or flammable gas or vapour, the atmospheric concentration exceeds 5 per cent of its lower explosive limit.

B. The oxygen content of the atmosphere exceeds 23 per cent by volume.

(5) Subsections (3) and (4) do not apply if,

(a) the atmosphere in the confined space,

(i) has been rendered inert by adding an inert gas, and

(ii) is monitored continuously to ensure that it remains inert; and

(b) a worker entering the confined space uses,

(i) adequate respiratory protective equipment,

(ii) adequate equipment to allow persons outside the confined space to locate and rescue the worker if necessary, and

(iii) such other equipment as is necessary to ensure the worker's safety.

(6) The equipment mentioned in subclauses (5)(b)(i), (ii) and (iii) shall be inspected by a person with adequate knowledge, training and experience, appointed by the employer, and shall be in good working order before the worker enters the confined space.

[O. Reg. 23/09, s. 3]

Section 20 Ventilation and purging

20. (1) This section applies only in respect of atmospheric hazards described in clause (b) or (c) of the definition of "atmospheric hazards" in section 1.

(2) If atmospheric hazards exist or are likely to exist in a confined space, the confined space shall be purged, ventilated or both, before any worker enters it, to ensure that acceptable atmospheric levels are maintained in the confined space while any worker is inside.

(3) If mechanical ventilation is required to maintain acceptable atmospheric levels, an adequate warning system and exit procedure shall also be provided to ensure that workers have adequate warning of ventilation failure and are able to exit the confined space safely.

(4) If compliance with subsection (2) is not practical in the circumstances for technical reasons,

(a) compliance with subsection (3) is not required; and

(b) a worker entering the confined space shall use,

(i) adequate respiratory protective equipment,

(ii) adequate equipment to allow persons outside the confined space to locate and rescue the worker if necessary, and

(iii) such other equipment as is necessary to ensure the worker's safety.

(5) The equipment mentioned in subclauses (4) (b) (i), (ii) and (iii) shall be inspected by a person with adequate knowledge, training and experience, appointed by the employer, and shall be in good working order before the worker enters the confined space.

Section 21 Records

21. (1) In the case of a workplace that is not a project, the employer shall retain every assessment, plan, co-ordination document under section 4, record of training under subsection 8 (5) or 9 (2), entry permit under section 10, record of an inspection under subsection 12 (2) and record of a test under section 18, including records of each sample, for the longer of the following periods:

1. One year after the document is created.

2. The period that is necessary to ensure that at least the two most recent records of each kind that relate to a particular confined space are retained.

(2) In the case of a workplace that is a project, the constructor or employer, as the case may be,

(a) shall keep available for inspection at the project every assessment, plan, co-ordination document under section 4, record of training under subsection 9.1 (4), entry permit under section 10, record of an inspection under subsection 12 (2) and record of a test under section 18, including records of each sample; and

(b) shall retain the documents described in clause (a) for one year after the project is finished.

(3) If section 4 applies,

(a) the documents described in subsection (1) shall be retained by the employer responsible for creating them; and

(b) the documents described in clause (2) (a) shall be retained by the constructor or employer, as the case may be, responsible for creating them.

[O. Reg. 95/11, s. 10]

Section 22 Commencement

22. This Regulation comes into force on September 30, 2006.

Table 1 Repealed. [O. Reg. 492/09, s. 2]

Confined Space

Confined Spaces

Section 4 Confined spaces with multi-employer involvement

Section 5 Program

Section 6 Assessment

Section 7 Plan

Section 8 Hazard recognition and other general training - workplaces other than projects

Section 9 Plan-specific training - workplaces other than projects

Section 10 Entry permits

Section 11 On-site rescue procedures

Section 12 Rescue equipment and methods of communication

Section 13 Personal protective equipment, clothing and devices

Section 14 Isolation of energy and control of materials movement

Section 15 Attendant

Section 16 Means for entering and exiting

Section 17 Preventing unauthorized entry

Section 18 Atmospheric testing

Section 19 Explosive and flammable substances

Section 20 Ventilation and purging

Section 21 Records

Section 22 Commencement

CCOHS Resources

IHSA Resources

Confined Space

Summary

Legislation

Confined Spaces

Section 4 Confined spaces with multi-employer involvement

Section 5 Program

Section 6 Assessment

Section 7 Plan

Section 8 Hazard recognition and other general training - workplaces other than projects

Section 9 Plan-specific training - workplaces other than projects

Section 10 Entry permits

Section 11 On-site rescue procedures

Section 12 Rescue equipment and methods of communication

Section 13 Personal protective equipment, clothing and devices

Section 14 Isolation of energy and control of materials movement

Section 15 Attendant

Section 16 Means for entering and exiting

Section 17 Preventing unauthorized entry

Section 18 Atmospheric testing

Section 19 Explosive and flammable substances

Section 20 Ventilation and purging

Section 21 Records

Section 22 Commencement

Resources

CCOHS Resources

IHSA Resources