Chapter 2-7 - Hazardous Confined Spaces

Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes. The replacement directive can be found at http://publiservice.tbs-sct.gc.ca/pubs_pol/hrpubs/TBM_119/oshd-dsst/oshd-dsst_e.asp

General

Collective agreement

This Directive is deemed to be part of collective agreements between the parties to the National Joint Council (NJC). Employees are to be afforded ready access to this directive.

Grievance procedure

In cases of alleged misinterpretation or misapplication arising out of this directive, the grievance procedure, for all represented employees within the meaning of the Public Service Staff Relations Act, will be in accordance with Section 7.0 of the National Joint Council By-Laws. For unrepresented employees, the departmental or agency grievance procedure applies.

Effective date

Application

This directive incorporates the minimum requirements of the Canada Labour Code, Part II, and applicable regulations issued pursuant to that legislation, and applies to all departments and other portions of the Public Service, as defined in Part 1 of Schedule 1 of the Public Service Staff Relations Act.

Definitions

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)

(a) is not designed or intended for human occupancy except for the purpose of performing work,

(i) its design, construction, location or atmosphere,

(ii) the materials or substances in it, or

(iii) any other conditions relating to it, and

includes but is not limited to: a tank, silo, storage bin, process vessel or other enclosure not designed or intended for human occupancy, in respect of which special precautions are necessary when an employee is required to enter therein to protect the employee from a dangerous atmosphere, prevent the employee from becoming entrapped in stored material, or otherwise ensure the employee's safety. (espace clos)

confined space ship repair, where the confined space relates to ships or vessels in repair, maintenance or refit, confined space means a storage tank, ballast tank, pump room, coffer dam or other enclosure, other than a hold, not designed or intended for human occupancy, except for the purpose of performing work,

hot work means any work where flame is used or a source of ignition may be produced. (travail à chaud)

qualified person means a person who, because of knowledge, training and experience, is qualified to perform safely and properly the duties specified under the directive in the following areas:

performance of these duties may be assigned to different qualified persons. (personne qualifiée)

ventilation equipment where the confined space relates to ships or vessels in repair, maintenance or refit means a fan, blower, induced draft or other ventilation device used to force a supply of fresh, respirable atmospheric air into an enclosed space or to remove ambient air from such space. (équipement d'aération)

Requirements

7.1.1 Where a hazard assessment required by this section identifies existing or potential hazards, each confined space or class of confined spaces shall be identified as "permit entry only" and no employee shall enter the confined space unless the appropriate entry permit has been issued and signed by the qualified person and, prior to entry, explained to, understood by and signed by the employee

7.1.2 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.

7.1.3 The qualified person shall, in a signed and dated report to the employer, record the findings of the assessment carried

7.1.4 The employer shall make a copy of any report available to the safety and health committee or the safety and health representative, if either exists.

7.1.5 The report 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.

7.1.6 If a confined space has not been entered in the three years preceding the time when the report 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.

7.2.1 For the purposes of this section, any procedures developed by a department shall include an entry permit system which shall include a check list of entry requirements to be given to and signed by the employee or employees. Employees have the right to a full explanation of the implications of entry into the confined space prior to signing the entry permit.

7.2.2 Departments shall ensure that the procedures developed in consultation with the safety and health committee include the procedures to be followed by the qualified persons responsible for the inspection, maintenance and testing of all monitoring equipment, personal protective equipment, ventilating equipment, safety harnesses and any other entry, protective and rescue equipment used in conjunction with entry into a confined space.

7.2.3 Following consideration of the report made pursuant to 7.1.3, every employer shall, in consultation with the safety and health committee or the safety and health representative, if either exists, establish procedures that are to be followed by a person entering, exiting or occupying a confined space assessed pursuant to section 7.1, or a confined space that belongs to a class of confined spaces assessed pursuant to the section.

(a) specifying, in each case, the length of time for which an entry permit is valid, and

(b) recording the name of the person entering the confined space, and the time of entry and the anticipated time of exit.

7.2.6 The employer shall specify the protection equipment referred to in the Personal Protective Equipment directive that is to be used by every person who is granted access to the confined space by the employer.

7.2.7 The employer shall specify any insulated protection equipment and tools referred to in the Tools and Machinery directive that a person may need in the confined space.

7.2.8 The employer shall 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.

7.3.1 The employer shall, where a person is about to enter a confined space pursuant to an entry permit system, appoint a qualified person, who could be the same person, 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,

(a) 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

(i) to a concentration of an airborne chemical agent or combination of chemical agents in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled "Threshold Limit Values and Biological Exposure Indices for 1991-92", as amended from time to time, or

(ii) to a concentration of an airborne chemical agent or combination of chemical agents that is more than 50 per cent of the lower explosive limit of the chemical agent or combination of chemical agents, or

(iii) where a source of ignition may ignite the concentration of an airborne agent or combination of chemical agents, to a concentration that is more than 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

(b) the concentration of airborne hazardous substances, other than chemical agents, in the confined space is not hazardous to the safety or health of the person, and

(c) the percentage of oxygen in the air in the confined space is not less than 19.5 per cent by volume and not more than 23 per cent by volume, at normal atmospheric pressure.

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

(b) any free-flowing solid in which the person may become entrapped has been removed from the confined space,

(c) 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 the fitting of blank flanges,

(d) 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

(e) the opening for entry into and exit from the confined space is sufficient to allow the safe passage of a person using protection equipment.

7.3.3 The qualified person shall, subject to 7.4.1, verify that the specifications set out in this section are complied with at all times that a person is in the confined space.

7.3.4 The qualified person shall, in a signed and dated report to the employer, set out the results of the verification carried out, including the test methods, the test results and a list of the test equipment used.

7.3.5 Where the report indicates that a person who has entered the confined space has been in danger, the employer shall send the report to the safety and health committee or the safety and health representative, if either exists.

7.3.6 In all other cases, the employer shall make a written copy or a machine-readable version of the report available to the safety and health committee or the safety and health representative, if either exists.

7.4.1 For confined spaces related to ships or vessels in repair, maintenance or refit, the employer may meet the requirements of paragraph 7.3.1(a) by forced ventilation from the lowest point in the confined space as long as the requirements of paragraph 7.3.1(b) have been met. When conditions in the confined space are maintainable in this state, the employer may establish an entry permit system in accordance with section 7.2 which will be valid for multiple entries into the confined space during the period for which the entry permit is valid. The length of time for permit validity shall be to a maximum of a shift for uncoated fuel tanks and to a maximum of 24 hours in all other situations.

7.5.1 Where conditions in a confined space or the nature of the work to be performed in a confined space is such that 7.3.3 cannot be complied with, the employer shall in consultation with the safety and health committee or the safety and health representative, if either exists, establish emergency procedures to be followed in the event of an accident or other emergency in or near the confined space.

7.5.2 The procedures shall specify the date on which they are established and provide for the immediate evacuation of the confined space when an alarm is activated, or there is any significant change in a concentration or percentage referred to in 7.3.1 that would adversely affect the safety or health of a person in the confined space.

7.5.3 The employer shall provide the protection equipment referred to in 7.2.7, 7.2.8 and 7.2.9 for each person who is about to enter the confined space.

7.5.4 The employer shall ensure that a qualified person trained in the entry and emergency procedures established pursuant to this directive is in attendance outside the confined space, and in communication with the person inside the confined space.

7.5.5 The employer shall provide the qualified person with a suitable alarm device for summoning assistance, and 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.

7.5.7 The employer shall ensure that every person entering, exiting or occupying the confined space wears an appropriate safety harness that is securely attached to a lifeline.

7.5.8 The lifeline shall be attached to a secure anchor outside the confined space and be controlled by the qualified person.

7.5.9 The lifeline shall protect the person from the hazard for which it is provided and shall not in itself create a hazard.

7.5.10 The lifeline shall, where reasonably practicable, be equipped with a mechanical lifting device.

7.6.1 When a person enters a confined space under circumstances such that 7.3.1 cannot be complied with, the qualified person shall, in a signed and dated report to the employer,

(a) specify the emergency procedures 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 other procedures to be followed and any other equipment that could be needed.

7.6.2 The report 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.

7.7.1 The employer shall provide each person who is granted access to a confined space with the protection equipment specified.

7.7.2 The employer shall provide each person who is to undertake rescue operations with the protection equipment and emergency equipment specified.

7.7.3 The employer shall ensure that every person who enters, exits or occupies a confined space follows the procedures established and uses the protection equipment specified in this directive.

7.8.1 No person shall close off a confined space until a qualified person has verified that no person is inside it.

7.9.1 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

7.9.2 Where hot work is to be performed in a confined space that contains hazardous concentrations of flammable or explosive materials, 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.

7.9.3 Fire extinguishers specified as emergency equipment shall be provided in the area.

7.9.4 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

(b) the person uses a respiratory protective device that meets the requirements of the Personal Protective Equipment directive.

7.10.1 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 paragraph 7.3.1(a), or to maintain the percentage of oxygen in the air of a confined space within the limits referred to in paragraph 7.3.1(c), the employer shall not grant access to the confined space to any person unless the requirements of this section are met.

7.10.2 The ventilation equipment shall be 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 be monitored by an employee who is in constant attendance of the equipment and who is in communication with the person or persons in the confined space.

7.10.3 If the ventilation equipment fails to operate properly, the employee shall immediately inform the person or persons in the confined space of the failure of the equipment.

7.10.4 In the event of failure of the ventilation equipment, sufficient time will be available for the person to escape from the confined space before

(a) the concentration of the chemical agent or combination of chemical agents in the confined space exceeds the concentrations referred to in paragraph 7.3.1(a), or

(b) the percentage of oxygen in the air ceases to remain within the limits referred to in paragraph 7.3.1(c).

7.11.1 The employer shall provide every employee who is likely to enter a confined space with instruction and training in entry and emergency procedures.

7.11.2 The employer shall also provide every such employee with instruction and training on all protection and emergency equipment that may be used.

7.11.3 The employer shall ensure that no person enters a confined space unless the person is instructed in entry and emergency procedures.

7.11.4 The employer shall also ensure that every such person is instructed in the use of protection and emergency equipment that may be used.

7.11.5 Employees likely to enter a confined space shall be provided with information on the hazard assessment related to the confined space or class of confined spaces required by section 7.1, the entry permit system required by section 7.2 and the verification system required by section 7.3.

7.12.1 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 the reports specified in this section.

7.12.2 Any report made pursuant to 7.1.3 and the procedures established pursuant to 7.2.4 and 7.5.1 for a period of 10 years after the date on which the qualified person signed the report or the procedures were established.

7.12.3 Any report made pursuant to 7.3.4 for a period of 10 years after the date on which the qualified person signed the report where the verification procedures undertaken pursuant to 7.3.1 and 7.3.2 indicate that the specifications set out in the above-noted subsections were not complied with.

7.12.4 Any report, in every other case, for a period of two years after the date on which the qualified person signed the report.

7.13.1 Where there is a dispute regarding the term "qualified person" for purposes of an occupational safety and health standard, the following procedure shall be implemented:

(b) The person-in-charge shall review the employee's qualifications and decide upon the employee's status as a qualified person.

(c) If the employee is dissatisfied with the decision, the matter shall be referred to the safety and health committee established for the employee's workplace.

(d) The safety and health committee shall review the matter and make appropriate recommendations to the person-in-charge.

(e) If the safety and health committee does not consider itself competent to deal with the case, it shall recommend an acceptable third party to the person-in-charge.

(f) The person in charge shall, pursuant to (d) or (e), take the recommendations into consideration, render a final management decision and undertake the appropriate action.

If the employee does not agree with the final decision which has been rendered, a grievance may be initiated pursuant to the NJC redress procedure.


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