PART XI: CONFINED SPACES

“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,

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

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.

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

(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.

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;

(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.

(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).

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

(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

(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.

(a) be trained in the emergency procedures established pursuant to paragraph (1)(a);

(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

(d) is, where reasonably practicable, equipped with a mechanical lifting device.

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.

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).

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

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

(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

(b) the person uses a respiratory protective device that meets the requirements of sections 12.2, 12.3 and 12.7.

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

(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.

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).

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

(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.

(a) it is not reasonably practicable to eliminate or control a health or safety hazard in a work place within safe limits, and

(b) the use of protection equipment may prevent or reduce injury from that hazard,

every person granted access to the work place who is exposed to that hazard shall use the protection equipment prescribed by this Part.

12.2 All protection equipment referred to in section 12.1

(a) shall be designed to protect the person from the hazard for which it is provided; and

12.3 All protection equipment provided by the employer shall

(b) where necessary to prevent a health hazard, be maintained in a clean and sanitary condition by a qualified person.

12.4 Where there is a hazard of head injury in a work place, protective headwear that meets the standards set out in CSA Standard Z94.1-M1977, Industrial Protective Headwear, the English version of which is dated April, 1977, as amended to September, 1982 and the French version of which is dated April, 1980 as amended to September, 1982, shall be used.

12.5 (1) Where there is a hazard of a foot injury or electric shock through footwear in a work place, protective footwear that meets the standards set out in CSA Standard Z195-M1984, Protective Footwear, the English version of which is dated March, 1984 and the French version of which is dated December, 1984, shall be used.

(2) Where there is a hazard of slipping in a work place, non-slip footwear shall be used.

12.6 Where there is a hazard of injury to the eyes, face, ears or front of the neck of an employee in a work place, the employer shall provide eye or face protectors that meet the standards set out in CSA Standard Z94.3-M1982, Industrial Eye and Face Protectors, the English version of which is dated May, 1982 and the French version of which is dated February, 1983.

12.7 (1) Where there is a hazard of an airborne hazardous substance or an oxygen deficient atmosphere in a work place, the employer shall provide a respiratory protective device that is listed in the NIOSH Certified Equipment List published on February 13, 1998 by the National Institute for Occupational Safety and Health, as amended from time to time, and that protects against the hazardous substance or oxygen deficiency, as the case may be.

(2) A respiratory protective device referred to in subsection (1) shall be selected, fitted, cared for, used and maintained in accordance with the standards set out in CSA Standard Z94.4-M1982, Selection, Care and Use of Respirators, the English version of which is dated May, 1982, as amended to September, 1984 and the French version of which is dated March, 1983, as amended to September, 1984, excluding clauses 6.1.5, 10.3.3.1.2 and 10.3.3.4.2(c).

(3) Where air is provided for the purpose of a respiratory protective device referred to in subsection (1),

(a) the air shall meet the standards set out in clauses 5.5.2 to 5.5.11 of CSA Standard CAN3-Z180.1-M85, Compressed Breathing Air and Systems, the English version of which is dated December 1985 and the French version of which is dated November 1987; and

(b) the system that supplies air shall be constructed, tested, operated and maintained in accordance with the CSA Standard referred to in paragraph (a).

12.8 Where a steel or aluminum self-contained breathing apparatus cylinder has a dent deeper than 1.5 mm and less than 50 mm in major diameter or shows evidence of deep isolated pitting, cracks or splits, the cylinder shall be removed from service until it has been shown to be safe for use by means of a hydrostatic test at a pressure equal to one and one-half times the maximum allowable working pressure.

12.9 Where there is a hazard of injury or disease to or through the skin in a work place, the employer shall provide to every person granted access to the work place

12.10 (1) Subject to subsection (1.1), every employer shall provide a fall-protection system to any person, other than an employee who is installing or removing a fall-protection system in accordance with the instructions referred to in subsection (5), who works

(a) from an unguarded structure or on a vehicle, at a height of more than 2.4 m above the nearest permanent safe level or above any moving parts of machinery or any other surface or thing that could cause injury to a person on contact;

(b) from a temporary structure at a height of more than 6 m above a permanent safe level; or

(c) from a ladder at a height of more than 2.4 m above the nearest permanent safe level where, because of the nature of the work, that person is unable to use at least one hand to hold onto the ladder.

(1.1) Where an employee is required to work on a vehicle on which it is not reasonably practicable to provide a fall-protection system, the employer shall

(a) in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative,

(i) perform a job safety analysis to eliminate or minimize the need for the employee to climb onto the vehicle or its load, and

(ii) provide every employee who is likely to climb onto the vehicle or its load with training and instruction on the safe method of climbing onto and working on the vehicle or its load;

(b) make a report in writing to the regional health and safety officer setting out the reasons why it is not reasonably practicable to provide a fall-protection system and include the job safety analysis and a description of the training and instruction referred to in paragraph (a); and

(c) provide a copy of the report referred to in paragraph (b) to the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

(1.2) The job safety analysis, training and instruction referred to in paragraph (1.1)(a) shall be reviewed every two years in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

(2) The components of a fall-protection system shall meet the following standards:

(a) CSA Standard Z259.1-1976, Fall-Arresting Safety Belts and Lanyards for the Construction and Mining Industries, the English version of which is dated November, 1976, as amended to May, 1979 and the French version of which is dated April, 1980;

(b) CSA Standard Z259.2-M1979, Fall-Arresting Devices, Personnel Lowering Devices and Life Lines, the English version of which is dated November, 1979 and the French version of which is dated October, 1983; and

(c) CSA Standard Z259.3-M1978, Lineman’s Body Belt and Lineman’s Safety Strap, the English version of which is dated September, 1978, as amended to April, 1981 and the French version of which is dated April, 1980, as amended to April, 1981.

(3) The anchor of a fall-protection system shall be capable of withstanding a force of 17.8 kN.

(4) A fall-protection system that is used to arrest the fall of a person shall prevent that person

(5) Where an employee is about to install or remove a fall-protection system, the employer shall

(a) prepare written instructions for the safe installation or removal of the fall-protection system; and

(b) keep a copy of the instructions readily available for the information of the employee.

12.11 (1) Where, in a work place, there is a hazard of drowning, the employer shall provide every person granted access to the work place with

(a) a life jacket or buoyancy device that meets the standards set out in the Canadian General Standards Board Standard

(ii) 65-GP-11, Standard for: Personal Flotation Devices, dated October, 1972; or

(b) a person who is qualified to operate all the emergency equipment provided shall be available;

(i) a full description of the procedures to be followed and the responsibilities of all persons granted access to the work place, and

(3) Where a work place is a wharf, dock, pier, quay or other similar structure, a ladder that extends at least two rungs below water level shall be affixed to the face of the structure every 60 m along its length.

12.12 Loose clothing, long hair, dangling accessories, jewellery or other similar items that are likely to be hazardous to the health or safety of an employee in a work place shall not be worn unless they are so tied, covered or otherwise secured as to prevent the hazard.

12.13 Where an employee is regularly exposed to contact with moving vehicles during his work, he shall

12.14 (1) A record of all protection equipment provided by the employer shall be kept by him in the work place in which the equipment is located for a period of two years after it ceases to be used.

(a) a description of the equipment and the date of its acquisition by the employer;

(d) the name of the person who performed the inspection, test or maintenance of the equipment.

12.15 (1) Every person granted access to the work place who uses protection equipment shall be instructed by the employer in the use of the equipment.

(2) Every employee who uses protection equipment shall be instructed and trained in the use, operation and maintenance of the equipment.

(3) Every person granted access to a work place shall be instructed in respect of the written emergency procedures referred to in paragraph 12.11(2)(d).

(b) kept by the employer readily available for examination by every person granted access to the work place.

12.16 Where an employee finds any defect in protection equipment that may render it unsafe for use, he shall report the defect to his employer as soon as possible.

12.17 An employer shall mark or tag as unsafe and remove from service any protection equipment used by his employees that has a defect that may render it unsafe for use.

13.1 In this Part, “explosive actuated fastening tool” means a tool that, by means of an explosive force, propels or discharges a fastener for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material. (“pistolet de scellement à cartouches explosives”)

13.2 The exterior surface of any tool used by an employee in a fire hazard area shall be made of non-sparking material.

13.3 All portable electric tools used by employees shall meet the standards set out in CSA Standard CAN C22.2 No. 71.1-M89, Portable Electric Tools, the English version of which is dated September 1989 and the French version of which is dated February 1991.

13.4 (1) Subject to subsection (2), all portable electric tools used by employees shall be grounded.

(c) are used in a location where reliable grounding cannot be obtained if the tools are supplied from a double insulated portable ground fault circuit interrupter of the class A type that meets the standards set out in CSA Standard C22.2 No. 144-1977, Ground Fault Circuit Interrupters, dated March, 1977.

13.5 All portable electric tools used by employees in a fire hazard area shall be marked as appropriate for use or designed for use in the area of that hazard.

13.6 Where an air hose is connected to a portable air-powered tool used by an employee, a restraining device shall be attached

(b) to all hose connections, in order to prevent injury to an employee in the event of an accidental disconnection of a hose.

13.7 (1) All explosive actuated fastening tools used by employees shall meet the standards set out in CSA Standard Z166-1975, Explosive Actuated Fastening Tools, dated June, 1975.

(2) No employee shall operate an explosive actuated fastening tool unless authorized to do so by his employer.

(3) Every employee who operates an explosive actuated fastening tool shall operate it in accordance with the CSA Standard referred to in subsection (1).

13.8 All chain saws used by employees shall meet the standards set out in CSA Standard CAN3-Z62.1-M85, Chain Saws, dated February, 1985.

13.9 Where an employee finds any defect in a tool or machine that may render it unsafe for use, he shall report the defect to his employer as soon as possible.

13.10 An employer shall mark or tag as unsafe and remove from service any tool or machine used by his employees that has a defect that may render it unsafe for use.

13.11 Every employee shall be instructed and trained by a qualified person appointed by his employer in the safe and proper inspection, maintenance and use of all tools and machinery that he is required to use.

13.12 (1) Every employer shall maintain a manual of operating instructions for each type of portable electric tool, portable air-powered tool, explosive actuated fastening tool and machine used by his employees.

(2) A manual referred to in subsection (1) shall be kept by the employer readily available for examination by an employee who is required to use the tool or machine to which the manual applies.

13.13 (1) Every machine that has exposed moving, rotating, electrically charged or hot parts or that processes, transports or handles material that constitutes a hazard to an employee shall be equipped with a machine guard that

(a) prevents the employee or any part of his body from coming into contact with the parts or material;

(b) prevents access by the employee to the area of exposure to the hazard during the operation of the machine; or

(c) makes the machine inoperative if the employee or any part of his clothing is in or near a part of the machine that is likely to cause injury.

(2) To the extent that is reasonably practicable, a machine guard referred to in subsection (1) shall not be removable.

(3) A machine guard shall be so constructed, installed and maintained that it meets the requirements of subsection (1).

13.14 Machine guards shall be operated, maintained and repaired by a qualified person.

13.15 Subject to section 13.16, where a machine guard is installed on a machine, no person shall use or operate the machine unless the machine guard is in its proper position.

13.16 (1) Subject to subsection (2), where it is necessary to remove a machine guard from a machine in order to perform repair or maintenance work on the machine, no person shall perform the repair or maintenance work unless the machine has been locked out in accordance with a written lock out procedure provided by the employer.

(2) Where it is not reasonably practicable to lock out a machine referred to in subsection (1) in order to perform repair or maintenance work on the machine, the work may be performed if

(a) the person performing the work follows written instructions provided by the employer that will ensure that any hazard to that person is not significantly greater than it would be if the machine had been locked out; and

(i) obtains a written authorization from the employer each time the work is performed, and

13.17 A copy of the instructions referred to in section 13.16 shall be kept readily available by the employer for the information of persons who perform repair and maintenance work on his machines.

13.18 Abrasive wheels shall be

in accordance with sections 4 to 6 of CSA Standard B173.5-1979, Safety Requirements for the Use, Care and Protection of Abrasive Wheels, dated February, 1979.

13.19 A bench grinder shall be equipped with a work rest or other device that

(a) prevents the work piece from jamming between the abrasive wheel and the wheel guard; and

13.20 Equipment used in the mechanical transmission of power shall be guarded in accordance with sections 7 to 10 of ANSI Standard ANSI B15.1-1972, Safety Standard for Mechanical Power Transmission Apparatus, dated July, 1972.

13.21 Woodworking machinery shall be guarded in accordance with clause 3.3 of CSA Standard Z114-M1977, Safety Code for the Woodworking Industry, dated March, 1977.

13.22 Punch presses shall meet the standards set out in CSA Standard Z142-1976, Code for the Guarding of Punch Presses at Point of Operation, dated February, 1976.