Confined Space

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Every industry or workplace may have a confined space - they are not industry-specific.

Summary

Every industry or workplace may have a confined space - they are not industry-specific. Employers and employees must be able to identify a confined space, implement an effective code of practice, and provide or follow instructions and training to protect the health and safety of everyone in the workplace. The majority of deaths in confined spaces result from oxygen deficiency and lack of air quality testing. More than half of those who die in confined spaces do so trying to rescue fellow employees.

A confined space is an area that: [Reg. 91-191, S.262]

  • is enclosed or partially enclosed,
  • is not designed or intended for continuous human occupancy, and
  • has limited or restricted means of entry or exit that may complicate providing first aid, evacuation, rescue, or other emergency response.

All three criteria must be true for it to be considered a confined space.

A confined space is not: [Reg. 91-191, S.262]

  • a development heading in an underground mine and excavations,
  • heating, ventilation, and air conditioning (HVAC) plenums or related ventilation ductwork,
  • crawl and attic spaces with openings outside allowing for continuous passive ventilation, and
  • other similar structures as long as there are no factors that allow for the presence or development of an atmosphere or other hazard.

An effective code of practice ensures that all workplace parties understand their roles and responsibilities relating to confined space entry and emergency procedures through instruction and training. These procedures include atmospheric testing and documenting records. A code of practice will also identify hazards and their control measures to eliminate or reduce the risk of injury or illness.

This topic does not apply to firefighters engaged in structural firefighting or rescue.

Code of Practice 

As an employer, you must ensure that: [Reg. 91-191, S.262.01]

  • A code of practice is established by an employer, a contractor, or an owner of a place of employment for a confined space before permitting entry. The committee, health and safety representative, or employees if there is no committee or representative, are consulted when developing the code of practice.
  • The code of practice contains:
    • The date and authorized duration of the code of practice.
    • The location of the confined space that the code of practice applies to.
    • The name of the entry supervisor, emergency response team leader, attendant, air supply system attendant (if applicable), and the entrant.
    • A description of the work to be performed.
    • A description of the possible hazards that may affect the health or safety of employees.
    • The procedures to be followed and the equipment to be used to perform the work.
    • The procedures to be followed and equipment to be used in the event of an emergency.
  • All employees involved with confined space work are instructed and trained in the code of practice and the procedures identified in the code of practice.
  • The code of practice is clearly posted near the entrance to the confined space.
  • The employees comply with the code of practice. The code of practice and any records, including equipment calibration and maintenance logs, are kept for two years from the date the entry supervisor signed and dated the code of practice. A copy of the code of practice is made available to an officer on request. The hazards identified in the code of practice are addressed through hazard control measures in the following order of priority: [Reg. 91-191, S.262.011]
    1. Elimination of hazards.
    2. Selection of less hazardous means of carrying out work, including the substitution of procedures and equipment.
    3. Engineering controls to reduce the risk of hazards.
    4. Administrative controls to reduce the risk of hazards.
    5. Protection from the effects of hazards, including personal protective equipment.
    These hazard identification and control measure responsibilities apply to an employer, a contractor, or an owner of a place of employment.
  • No person enters a confined space that may contain a material that has the potential to engulf an entrant. [Reg. 91-191, S.262.012]
  • Electrical equipment, atmospheric monitoring equipment, and accessories used in a confined space that may contain flammable dust, gases, or vapours are intrinsically safe. [Reg. 91-191, S.262.013(1)]
  • Electrical equipment, atmospheric monitoring equipment, and accessories used in a confined space are approved in accordance with the CSA Standard C22.1-15, “Canadian electrical code, part 1” for use in hazardous locations as defined in the standard. [Reg. 91-191, S.262.013(2)]
  • A list is maintained of all the confined spaces located in the place of employment which includes the types of hazards that are or may be present at each confined space. [Reg. 91-191, S.262.08]
  • A training program is implemented for employees involved in confined space work. [Reg. 91-191, S. 262.081(1)]
  • Table A.1, Overview of training requirements of the CSA Standard Z1006-10 (R2015), “Management of work in confined spaces” is used as a guide to establish the content of the training program.
  • A competent person provides the training program. After training, the employee must be able to apply the information as needed to protect their health and safety. A training record is maintained for each employee who has completed the training program. The record must contain: [Reg. 91-191, S.262.082(1)]
    • the name of the employee,
    • the name of the competent person who provided the training, and
    • the date the training took place.

The training records for each employee are made available to an officer on request. An employer and contractor must ensure that:

  • A competent person verifies that the opening of a confined space is large enough to allow safe entry and exit by an entrant wearing personal protective equipment, and a member of the emergency response team using emergency response equipment before allowing entry. [Reg. 91-191, S.262.02]
  • Adequate warning signs and barricades are installed to protect an entrant from any form of traffic hazards while they are in the confined space. [Reg. 91-191, S.262.021]
  • An emergency response team is present and ready to respond immediately if the confined space contains or could develop an atmospheric hazard, or if the confined space has an internal configuration that may trap or asphyxiate an entrant due to inwardly converging walls or by a downward sloping floor that tapers to a smaller cross-section. [Reg. 91-191, S.262.022(1)]
  • An emergency response team is able to reach the entrant within three minutes after the attendant initiates the emergency response procedure if the confined space contains an atmosphere immediately dangerous to life or health (IDLH). [Reg. 91-191, S.262.022(2)]

Specific Responsibilities

As an entry supervisor [Reg. 91-191, S.262.03], you must:

  • Implement the code of practice.
  • Make sure that employees involved with the confined space are instructed and trained in the code of practice and the procedures identified in the code of practice before entry.
  • Make sure that all required actions have been completed before allowing entry.
  • Sign and date the code of practice.
  • Make sure that acceptable conditions are maintained for the duration of the entry.
  • Make sure that an emergency response team is available for the duration of entry and that the method to alert the team is functioning.
  • End the entry and make sure all entrants and equipment are removed from the confined space at the appropriate time.
  • Communicate the status of the entry and the entry requirements to the next entry supervisor. if the percentage or concentration of an air contaminant is unable to be maintained at acceptable levels, or where a hazardous substance may enter the confined space in a quantity that may endanger the health or safety of the entrant. [Reg. 91-191, S.262.03(2)]
    • Continuously monitor the confined space while the entrant is in the confined space
    • Make sure the procedures are in place and equipment is provided to allow entrants to safely enter and exit the confined space.

As an emergency response team leader [Reg. 91-191, S.262.031], you must:

  • Make sure a written emergency response procedure is established.
  • Confirm that the emergency procedure is adequate to protect the health and safety of employees and states the number of employees required in case of an emergency. Make sure that the members of the emergency response team perform a simulated rescue at least annually.
  • Make sure that emergency procedures and equipment are followed and used correctly.
  • In an emergency: Assume control of all activities in an emergency and direct the emergency response team. [Reg. 91-191, S.262.032]
  • Make sure that the members of the emergency response team properly perform their duties throughout the emergency.
  • Assess the ability of the attendant and air supply system attendant to continue to perform their duties during an emergency.
  • Maintain two-way communication with all affected parties during an emergency.

As an attendant [Reg. 91-191, S.262.04], you must:

  • Always be stationed immediately outside the point of entry to or exit from the confined space and continuously monitor the work in and near the confined space.
  • Have knowledge of the potential and actual hazards associated with entering the confined space.
  • Maintain two-way communication with the entrant.
  • Review the entry procedures before allowing entry.
  • During entry:
    • Monitor conditions and changes that could adversely affect the health or safety of the entrant
    • Make sure that the procedures and equipment to be followed and used in the event of an emergency are followed and used correctly.
    • Recognize the signs and symptoms of illness, injury, and hazard exposures that may affect the entrant.
    • Have a means for two-way communication with the entry supervisor and emergency response team leader.
  • Keep track of entrants entering and exiting the confined space.
  • In an emergency: [Reg. 91-191, S.262.041]
    • Initiate the emergency response procedure in an emergency.
    • Order an evacuation of a confined space in an emergency, if necessary.
    • Assist with or perform a non-entry rescue as set out for emergency procedures in the code of practice.

As an air supply system attendant, you must ensure in both normal and emergency situations that: [Reg. 91-191, S.262.042]

  • The airline supply system is in proper working order and the air supply is not interrupted.
  • The airlines do not become entangled or compromised in any way.

As an entrant to a confined space, you must: [Reg. 91-191, S.262.05]

  • Exit and notify the attendant if you observe a hazard that is not identified in the code of practice and for which a hazard control measure is not in place, or if you believe the atmosphere of the confined space is unsafe due to the limitations of the equipment or hazard control measures that are in place.

While the employer is ultimately responsible for all the provisions mentioned above, the supervisor has a vital role to play in the safety of their teams. As a supervisor, you must:

  • Acquaint your employees with the hazards and control measures associated with their work
  • Provide the information and instruction necessary to ensure their health and safety
  • Enforce company safety rules, programs, codes of practice and procedures, including ensuring employees comply with the requirements below.

As an employee, you must:

  • Comply with the code of practice. [Reg. 91-191, S.262.01(6)]
  • Read the code of practice and acknowledge that you have received and understood the instructions by signing and dating a copy of the code of practice. This requirement applies to all employees entering a confined space or undertaking a rescue operation in a confined space. [Reg. 91-191, S.262.01(7)]

Atmospheric Testing

The employer or contractor must not allow an employee to enter or stay in a confined space with an atmosphere that is not within acceptable limits. [Reg. 91-191, S.262.051]

Despite section 262.051, an employer or a contractor may, if there are hazard control measures in place, permit an employee to enter or remain in a confined space in which the percentage of oxygen is less than 19.5 % by volume. [Reg. 91-191, S.262.052]

As an employer, you must ensure that:

  • A competent person tests the atmosphere of the confined space before an employee enters a confined space where hazardous substances, liquids, or free-flowing solids are present or may enter the confined space. [Reg. 91-191, S.262.06(1)]
  • All results of atmospheric testing are documented and clearly posted at the entrance of the confined space. [Reg. 91-191, S.262.06(2)]
  • Acceptable limits are: [Reg. 91-191, S.262.061(1)]
    1. an oxygen percentage between 19.5% and 23% by volume,
    2. less than 50% of the lower explosive limit or lower flammability limit of the air contaminant when the work performed in the confined space does not create a source of ignition, such as cleaning or inspecting,
    3. less than 10% of the lower explosive limit or lower flammability limit when the work performed in the confined space is cold work using non-sparking equipment,
    4. less than 5% of the lower explosive limit or lower flammability limit when the work performed in the confined space is hot work such as welding, flame-cutting, riveting, or other fire or spark-producing work, and
    5. the requirements for the concentration of air contaminants and physical agents in the Regulations are met.
  • The concentration or percentage referred to in paragraphs (a) to (e) can be maintained during the period of proposed occupancy in the confined space
  • Any liquid that may drown an employee, or any free-flowing solid that may entrap an employee is removed from the confined space.
  • The entry of any liquid, free-flowing solid, or other hazardous substance into the confined space is prevented by securely disconnecting the pipes or fitting blank or blind flanges to the pipes of the confined space. All electrical equipment or other equipment and machines are in a zero-energy state and locked out if they present a hazard to an entrant.
  • The atmosphere in a confined space is brought within acceptable limits through: [Reg. 91-191, S.262.061(2)]
    • ventilating the confined space,
    • removing air contaminants by the displacement of air, or
    • intentionally flooding the atmosphere with an inert gas such as nitrogen to eliminate flammable vapours inside the confined space and create an oxygen deficient atmosphere.
  • A competent person tests the concentration of air contaminants and oxygen when the ventilation system is off and when it is on if ventilation systems are used to limit the concentration of air contaminants or maintain safe oxygen levels inside the confined space. [Reg. 91-191, S.262.07]
  • Appropriate hazard control measures are implemented before entry when the source of air contaminants or oxygen cannot be determined from outside the confined space. The source of air contaminants or oxygen must be identified from inside the confined space before other work begins. [Reg. 91-191, S.262.072]

A competent person responsible for testing the concentration of air contaminants or oxygen must:

  • Take into consideration the layering of air contaminants and oxygen to make sure the atmosphere is within acceptable limits. [Reg. 91-191, S.262.06(1)]
  • Use appropriate equipment that has been calibrated according to the manufacturer’s specifications. [Reg. 91-191, S.262.071(a)]
  • Bump test the equipment daily unless the manufacturer requires a more frequent bump test. [Reg. 91-191, S.262.071(b)]
  • Maintain an equipment calibration and maintenance log containing: [Reg. 91-191, S.262.071(c)]
    • the equipment’s date of purchase,
    • the equipment’s serial number,
    • the equipment’s sensor change schedule, and
    • the equipment’s maintenance, repair, and calibration history.

Personal Protective Equipment

When the code of practice requires specific personal protective equipment, the employer must take the following into account:

  • If the personal protective equipment identified in the code of practice impedes entry or exit to a confined space, other measures to protect employees must be included in the code of practice. [Reg. 91-191, S.262.083]
  • All protective equipment and emergency equipment identified in the code of practice must be in good working order and inspected by a competent person. [Reg. 91-191, S.262.084]
  • When identified in the code of practice, an entrant must wear a full body harness with a lifeline attached to a secure anchor located outside the confined space that a competent person controls. [Reg. 91-191, S.262.09(1)]
  • The full body harness must conform with the requirements for Class E harnesses in CSA Standard Z259.10-18, “Full body harnesses” or a standard that meets or exceeds these requirements. [Reg. 91-191, S.262.09(2)]
  • If more than one entrant is required in the confined space, an employer must make sure that measures are taken to prevent the lifelines from becoming tangled. [Reg. 91-191, S.262.091(1)]
  • If the code of practice identifies conditions that make its use impractical or unsafe, the use of a lifeline is not required. [Reg. 91-191, S.262.091(2)]

If a confined space contains an atmosphere that is immediately dangerous to life or health (IDLH), an employer must ensure that a pressure-demand self-contained breathing apparatus (SCBA), multi-functional SCBA, or airline respirator with a supplementary self-contained air supply has a minimum rated service time of 15 minutes, or additional capacity required by the code of practice. [Reg. 91-191, S.262.092]

Legislation

General Regulation - Occupational Health and Safety Act

N.B. Reg. 91-191

Part XVII CONFINED SPACE

Section 262 Definitions

262. The following definitions apply in this Part.

"air supply system attendant" means an employee who continuously monitors the effectiveness of the airline supply system.

"attendant" means an employee who continuously monitors work in and near a confined space and, if necessary, initiates the emergency response procedure.

"confined space" means, other than a development heading in an underground mine and excavations, heating, ventilation and air conditioning (HVAC) plenums and related ventilation ductwork, crawl and attic spaces with openings to outside allowing for continuous passive ventilation and other similar structures provided that there are no factors that could lead to the presence of an atmospheric or other hazard, an area that

  • (a) is enclosed or partially enclosed,
  • (b) is not designed or intended for continuous human occupancy, and
  • (c) has limited or restricted means of entry or exit that may complicate the provision of first aid, evacuation, rescue or any other emergency response.

"emergency response team leader" means an employee who is responsible for supervising emergency response team operations and implementing an emergency response procedure.

"entrant" means an employee who enters a confined space.

"entry supervisor" means an employee who is responsible for implementing the code of practice.

[N.B. Reg. 2022-27, s. 38; 2022-79, ss. 53, 54]

Section 262.01 Code of practice - confined space
  • 262.01(1) Before entry is permitted in a confined space, an employer, a contractor and an owner of a place of employment shall each ensure that a code of practice is established for the confined space
  • (2) An employer shall consult with the committee or health and safety representative, if any, or with employees if there is no committee or representative, in developing the code of practice.
  • (3) The code of practice shall contain the following information:
    • (a) the date and authorized duration of the code of practice;
    • (b) the location of the confined space to which the code of practice applies;
    • (c) the names of the entry supervisor, emergency response team leader, attendant and air supply system attendant, if applicable, and the entrant;
    • (d) a description of the work to be performed;
    • (e) a description of any possible hazards that may affect the health or safety of employees;
    • (f) the procedures to be followed and the equipment to be used to perform the work; and
    • (g) the procedures to be followed and the equipment to be used in the event of an emergency.
  • (4) An employer shall ensure that all employees involved in confined space work are adequately instructed and trained in the code of practice and the procedures identified in the code of practice.
  • (5) The code of practice shall be posted conspicuously near the entrance to the confined space.
  • (6) An employee shall comply with the code of practice, and an employer shall ensure that employees comply with the code of practice.
  • (7) An employee who will enter into a confined space or who may undertake a rescue operation in a confined space shall read the code of practice and acknowledge that the employee has received and understood the instructions in the code of practice by signing and dating a copy of the code of practice.
  • (8) An employer shall ensure that the code of practice and any records associated with the code of practice, including an equipment calibration and maintenance log, are kept for a period of two years from the date on which the entry supervisor signed and dated the code of practice.
  • (9) An employer shall ensure that a copy of the code of practice is made available to an officer on request.

[N.B. Reg. 2022-79, s. 55]

Section 262.02 Entry and exit of confined space
  • 262.02 Before entry is permitted in a confined space, an employer and a contractor shall each ensure that a competent person verifies that the opening of the confined space is large enough to allow safe entry and exit by an entrant wearing personal protective equipment and a member of the emergency response team using emergency response equipment.

[N.B. Reg. 2022-79, s. 55]

Section 262.03 Duties of entry supervisor
  • 262.03 (1) An entry supervisor shall
    • (a) implement the code of practice,
    • (b) prior to entry, ensure that employees involved in the confined space work are instructed and trained in the code of practice and the procedures identified in the code of practice,
    • (c) ensure that all actions required to be taken before allowing entry to begin have been taken,
    • (d) sign and date the code of practice,
    • (e) ensure that acceptable conditions are maintained for the duration of the entry,
    • (f) ensure that an emergency response team is available for the duration of the entry and that the means for summoning the team are operable,
    • (g) terminate the entry and ensure removal of entrants and equipment at the appropriate time, and
    • (h) communicate the status of the entry and the requirements relating to the entry to the next entry supervisor when the entry supervisor is replaced.
  • (2) If the percentage or concentration referred to in paragraphs 262.061(1)(a) to (e) is unable to be maintained or there is a possibility that any liquid, free flowing solid or hazardous substance may enter into the confined space in a quantity that could endanger the health or safety of the entrant while inside the confined space, the entry supervisor shall ensure that
    • (a) the confined space is continuously monitored while the entrant is in the confined space, and
    • (b) procedures are in place and equipment is provided to allow the entrant to safely enter and exit the confined space.

[N.B. Reg. 2022-79, s. 55]

Section 262.04 Responsibilities of attendant

262.04 An attendant shall

  • (a) be stationed at all times outside the point of entry to or exit from the confined space and continuously monitor work in and near the confined space,
  • (b) be knowledgeable about the actual and potential hazards associated with entering a confined space,
  • (c) maintain two-way communication with the entrant,
  • (d) review the entry procedures prior to entry,
  • (e) during the entry,
    • (i) monitor conditions and changes that could adversely affect the health or safety of the entrant,
    • (ii) ensure that the procedures to be followed and the equipment to be used in the event of an emergency are followed and used correctly,
    • (iii) recognize the signs and symptoms of illnesses, injuries and hazard exposures that can compromise the health or safety of the entrant,
    • (iv) have a means for two-way communication with the entry supervisor and emergency response team leader, and
    • (v) keep track of entrants entering and exiting the confined space.

[N.B. Reg. 2022-79, s. 55]

Section 262.05 Responsibilities of entrant

262.05 An entrant shall exit a confined space and notify the attendant if the entrant

  • (a) observes a hazard that is not identified in the code of practice and for which hazard control measures are not in place, or
  • (b) believes the atmosphere of the confined space is unsafe due to the limitations of the equipment or the hazard control measures that are in place.

[N.B. Reg. 2022-79, s. 55]

Section 262.06 Testing atmosphere
  • 262.06 (1) Prior to an employee entering a confined space, an employer shall ensure that a competent person tests the atmosphere of the confined space, taking into consideration the stratification of air contaminants and oxygen to ensure that the atmosphere is within acceptable limits.
  • (2) The results of a test referred to in subsection (1), including the time and date the test was conducted, shall be documented and posted conspicuously at the entrance to the confined space.

[N.B. Reg. 2022-79, s. 55]

Section 262.07 Test ventilation systems

262.07 If ventilation systems are used to limit the concentration of air contaminants or to maintain safe levels of oxygen in the atmosphere of the confined space, an employer shall ensure that a competent person tests the concentration of air contaminants and oxygen when the ventilation systems are shut down and when the ventilation systems are turned on.

[N.B. Reg. 2022-79, s. 55]

Section 262.08 Identification of confined spaces

262.08 An employer shall maintain a list of the confined spaces located at a place of employment and the types of hazards that are or may be present at each confined space.

[N.B. Reg. 2022-79, s. 55]

Section 262.09 Full body harness
  • 262.09 (1) When required by the code of practice, an employer shall ensure that an employee entering, exiting or occupying a confined space wears a full body harness that is referred to in the code and attached to a life line that is attached to a secure anchor located outside the confined space, which lifeline and anchor are operated by a competent employee.
  • (2) An employer shall ensure that the full body harness conforms with the requirements for Class E harnesses in CSA standard Z259.10-18 , "Full body harnesses" or a standard offering equivalent or better protection.

[N.B. Reg. 2022-79, s. 55]

Section 262.011 Hazards

262.011 If the circumstances permit, an employer, a contractor and an owner of a place of employment shall each ensure that the hazards identified in the code of practice are addressed by implementing the following hazard control measures in the following order of priority:

  • (a) measures that involve the elimination of hazards;
  • (b) measures that involve the selection of less hazardous means of carrying out work, including the substitution of procedures and equipment;
  • (c) measures that involve the use of engineering controls to reduce the hazards;
  • (d) administrative measures to reduce the hazards; and
  • (e) measures that involve protection from the effects of hazards, including the provision of personal protective equipment.

[N.B. Reg. 2022-79, s. 55]

Section 262.012 Engulfment

262.012 An employer shall ensure that no person enters a confined space that may contain a material that has the potential for engulfing the entrant.

[N.B. Reg. 2022-79, s. 55]

Section 262.013 Use of equipment and accessories
  • 262.013(1) An employer shall ensure that electrical equipment, atmospheric monitoring equipment and accessories used in a confined space that may contain flammable dust, gases or vapours are intrinsically safe.
  • (2) An employer shall ensure that electrical equipment, atmospheric monitoring equipment and accessories used in a confined space are approved in accordance with CSA Standard C22.1-15, "Canadian Electrical Code, Part 1", as amended from time to time, for use in hazardous locations as defined in that standard.

[N.B. Reg. 2022-79, s. 55]

Section 262.021 Protection from traffic hazard
  • 262.021 If a hazard from any form of traffic exists, an employer, a contractor and an owner of a place of employment shall each ensure that adequate warning signs and barricades are installed to protect an entrant while inside the confined space. Emergency response team

[N.B. Reg. 2022-79, s. 55]

Section 262.022 Emergency response team
  • 262.022 (1) An employer and a contractor shall each ensure that an emergency response team is present and ready to respond immediately if the confined space
    • (a) contains or could develop an atmospheric or other hazard, or
    • (b) has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section.
  • (2) If a confined space contains an IDLH atmosphere, an employer and a contractor shall each ensure that an emergency response team is able to reach the entrant within three minutes after the attendant initiates the emergency response procedure.

[N.B. Reg. 2022-79, s. 55]

Section 262.031

Duties of emergency response team leader

262.031 An emergency response team leader shall ensure that

  • (a) a written emergency response procedure is established,'
  • (b) the emergency response procedure is adequate to protect the health and safety of employees and indicates the number of employees required in case of an emergency,
  • (c) the members of the emergency response team perform a simulated rescue at least once a year, and
  • (d) the procedures to be followed and the equipment to be used in the event of an emergency are followed and used correctly.

[N.B. Reg. 2022-79, s. 55]

Section 262.032 Duties of emergency response team leader in emergency

262.032 In an emergency, an emergency response team leader shall

  • (a) assume control of all activities during the emergency response and direct the emergency response team,
  • (b) ensure that the members of the emergency response team properly perform their duties throughout the emergency response,
  • (c) assess the ability of the attendant and air supply system attendant to continue performing their duties, and
  • (d) maintain two-way communication with all affected parties.

[N.B. Reg. 2022-79, s. 55]

Section 262.041 Responsibilities of attendant in emergencies

262.041 In an emergency, an attendant shall

  • (a) initiate the emergency response procedure,
  • (b) order an evacuation of the confined space, if necessary, and
  • (c) assist with or perform a non-entry rescue as set out in the code of practice.

[N.B. Reg. 2022-79, s. 55]

Section 262.042 Responsibilities of air supply system attendant

262.042 When an air supply system attendant is identified in a code of practice, the air supply system attendant shall ensure both in normal and emergency situations that

  • (a) the air-line supply system is in proper working order and the air supply is uninterrupted, and
  • (b) the air lines do not become entangled or otherwise compromised.

[N.B. Reg. 2022-79, s. 55]

Section 262.051 Entry not permitted

262.051 Neither an employer nor a contractor shall permit an employee to enter or remain in a confined space in which the atmosphere is not within acceptable limits.

[N.B. Reg. 2022-79, s. 55]

Section 262.052 Exception re entry

262.052 Despite section 262.051, an employer or a contractor may, if the hazard control measures identified in the code of practice are in place, permit an employee to enter or remain in a confined space in which the percentage of oxygen is less than 19.5 % by volume.

[N.B. Reg. 2022-79, s. 55]

Section 262.061 Atmosphere within acceptable limits
  • 262.061(1) The atmosphere of a confined space is within acceptable limits if
    • (a) the percentage of oxygen is not less than 19.5% by volume and not more than 23% by volume,
    • (b) the concentration of an air contaminant does not exceed 50% of the lower explosive limit or lower flammability limit of the air contaminant when the confined space work is cleaning or inspecting and does not create a source of ignition,
    • (c) the concentration of an air contaminant does not exceed 10% of the lower explosive limit or lower flammability limit of the air contaminant when the confined space work is cold work using non-sparking equipment,
    • (d) the concentration of an air contaminant does not exceed 5% of the lower explosive limit or lower flammability limit of the air contaminant when the confined space work is riveting, welding, flame cutting or other fire or spark-producing work,
    • (e) the concentration of air contaminants and physical agents meet the requirements of this Regulation,
    • (f) the concentration or percentage referred to in paragraphs (a) to (e) can be maintained during the period of proposed occupancy in the confined space,
    • (g) any liquid in which an employee may drown or any free flowing solid in which an employee may become entrapped has been removed from the confined space,
    • (h) the entry of any liquid, free flowing solid or hazardous substance into the confined space in a quantity that could endanger the health or safety of the employee has been prevented by a secure means of disconnecting the pipes adjacent to the confined space or fitting blank flanges or blind flanges to the pipes adjacent to the confined space, and
    • (i) all electrical or other equipment and machines that present a hazard to an entrant while entering, exiting or occupying the confined space have been put in a zero-energy state and locked out in accordance with this Regulation.
  • (2) In order to bring the atmosphere of a confined space within acceptable limits, an employer shall
    • (a) ventilate the confined space,
    • (b) remove air contaminants from the confined space by the displacement of air, or
    • (c) intentionally flood the atmosphere inside the confined space with an inert gas such as nitrogen in order to eliminate the hazard of ignition of flammable vapours inside the confined space and create an oxygen deficient atmosphere.

[N.B. Reg. 2022-79, s. 55]

Section 262.071 Equipment calibration

262.071 When performing the tests referred to in subsection 262.06(1) and section 262.07, a competent person shall

  • (a) use appropriate equipment that has been calibrated in accordance with the manufacturer’s specifications,
  • (b) bump test the equipment once each day unless the manufacturer requires bump tests be done more often, and
  • (c) maintain an equipment calibration and maintenance log containing the following information:
    • (i) the date of purchase of the equipment;
    • (ii) the serial number of the equipment;
    • (iii) the sensor change schedule for the equipment; and
    • (iv) the maintenance, repair and calibration history of the equipment.

[N.B. Reg. 2022-79, s. 55]

Section 262.072 Source of air contaminants

262.072 When the source of air contaminants or oxygen cannot be determined from outside the confined space, an employer shall ensure that appropriate hazard control measures are implemented prior to entry and that the source of air contaminants or oxygen is identified from inside the confined space before other work proceeds.

[N.B. Reg. 2022-79, s. 55]

Section 262.081 Training program for confined space work
  • 262.081 (1) An employer shall establish and implement a training program for employees involved in confined space work.
  • (2) An employer shall use Table A.1 "Overview of training requirements" of CSA Standard Z1006-10 , (R2015), "Management of work in confined spaces" as a guide to establishing the content of the training program.
  • (3) An employer shall ensure that a competent person provides the training program and that the training results in an employee being able to apply the information as needed to protect the employee’s health and safety.

[N.B. Reg. 2022-79, s. 55]

Section 262.082 Training records
  • 262.082 (1) An employer shall maintain a training record for each employee who has completed the training program referred to in section 262.081 containing the following information:
    • (a) the name of the employee;
    • (b) the name of the competent person who provided the training; and
    • (c) the date on which the training took place.
  • (2) An employer shall ensure the training record for each employee is made available to an officer on request.

[N.B. Reg. 2022-79, s. 55]

Section 262.083 Personal protective equipment

262.083 If an employer or entrant determines that personal protective equipment identified in the code of practice and worn inside a confined space impedes the entrant’s ability to enter or exit the confined space, provisions to protect employees shall be incorporated in the code of practice.

[N.B. Reg. 2022-79, s. 55]

Section 262.084 Protective equipment

262.084 An employer and a contractor shall each ensure that all protective equipment and emergency equipment identified in the code of practice have been inspected by a competent person and are in good working order.

[N.B. Reg. 2022-79, s. 55]

Section 262.091 Life lines
  • 262.091 (1) When more than one entrant occupies a confined space, an employer shall ensure that measures are taken to prevent the life lines attached to the full body harnesses worn by the entrants from becoming en\tangled.
  • (2) The use of a life line is not required if the code of practice identifies conditions that make its use impractical or unsafe.

[N.B. Reg. 2022-79, s. 55]

Section 262.092 SCBA

262.092 If a confined space in which entry is required contains an IDLH atmosphere, an employer shall ensure that a pressure-demand SCBA or a multifunctional SCBA/airline respirator with auxiliary self-contained air supply has a minimum rated service time of 15 minutes, or additional capacity if required by the code of practice.

[N.B. Reg. 2022-79, s. 55]

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