Confined Spaces – Know The Laws of Your Province

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Confined Spaces – Know The Laws of Your Province

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Confined space regulations are essential for protecting workers from hazardous environments in enclosed or partially enclosed spaces. These regulations require employers to identify confined spaces, assess risks, and implement entry procedures to ensure worker safety. Key safety measures include ventilation, atmospheric testing, lockout procedures, and rescue plans. Workers must be trained in hazard recognition, safe entry practices, and emergency response. While general safety principles are consistent across Canada, specific requirements vary by province and territory to address regional workplace conditions. Compliance with these regulations reduces risks, prevents accidents, and ensures a safe working environment.

FEDERAL

Canada Occupational Health and Safety Regulations, Part XI – Confined Spaces, Sections 11.02 to 11.13 require employers to identify confined spaces, assess hazards, and implement entry procedures. Hazardous confined spaces must be monitored for oxygen levels, toxic substances, and other dangers. Employers must provide training, emergency response plans, ventilation, and protective equipment. Entry permits, records, and periodic reassessments are mandatory.

Part XI – Confined Spaces

Confined Space Identification

(1) The employer must, in consultation with the workplace committee or health and safety representative:

(a) survey the workplace in order to determine whether it contains confined spaces that might be entered by persons in order to perform work for the employer;

(b) identify each confined space; and

(2) The employer must ensure that the qualified person provides them with a list of confined spaces including those identified as hazardous confined spaces.

(3) The employer must ensure that there is a sign or marking at the entrance to each confined space indicating that:

(a) it is a confined space or a hazardous confined space; and

(b) it must not be entered without the authorization of the employer.

(4) The employer must keep a record of all confined spaces referred to in subsection (2) and ensure that it is up-to-date and readily accessible to persons before they enter those spaces. The employer may either keep the record in the workplace or keep a centralized record of confined spaces in respect of several workplaces in one workplace.

(5) If it is likely that an employee will enter a confined space that has been determined not to be a hazardous confined space in order to perform work for the employer, the employer must establish procedures with respect to safe entry and exit as well as person-check and emergency response systems to ensure the continued safety of employees. Section 11.02(1) to (5).

Hazard Assessment

(1) If it is likely that a person will enter a hazardous confined space in order to perform work for an employer, the employer must appoint one or more qualified persons to:

(a) carry out an assessment of the hazards to which the person is likely to be exposed in that hazardous confined space or in a hazardous confined space of the class to which it belongs; and

(b) specify the tests that are necessary to determine whether the person is likely to be exposed to any of the hazards identified under paragraph (a).

(2) The employer must ensure that the qualified person or persons record the findings of the assessment in a signed and dated report to the employer that specifies the following:

(a) the protection equipment referred to in part XII that is to be used by every person granted access to the hazardous confined space by the employer;

(b) any insulated protection equipment and tools referred to in Part VIII that a person may need in the hazardous confined space;

(c) the protection equipment and emergency equipment to be used by any person who takes part in the rescue of a person from the hazardous confined space or who responds to other emergency situations in the hazardous confined space;

(d) any requirement for a first aid attendant;

(e) steps to control or mitigate any hazards; and

(f) any situation in which an entry permit system is required.

(3) The employer must make a copy of the report available to the policy committee, if any, and the work place committee or the health and safety representative.

(4) Subject to subsection (5), the employer must ensure that the report and the list made under subsections (2) and 11.02(2) respectively are reviewed by a qualified person at least once every three years. However, if there is reason to believe that the conditions inside a confined space have changed with respect to the last hazard assessment, due to changes to the structure, intended use or immediate surrounding area of the space or due to information about the space regarding a potential new hazard, the employer must ensure that the space is reassessed and treated in accordance with the new findings.

(5) If a confined space has not been entered in the three years preceding the time when the assessment referred to in subsection (2) should have been carried out and no entry is scheduled, the assessment need not be carried out until it becomes likely that a person will enter the confined space in order to perform work for an employer. Section 11.03(1) to (5).

Confined Space Procedures

(1) Every employer must — after considering the report made under subsection 11.03(2) in consultation with the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative — establish procedures, with the date when they are established specified in them, that are to be followed by a person entering, exiting or occupying a confined space assessed under subsection 11.03(1).

(2) The procedures apply based on whether the confined space is listed as a confined space or a hazardous confined space under subsection 11.02(2) and take into account the report made under subsection 11.03(2). The procedures include:

(a) for each confined space

(i) safe entry and exit procedures,

(ii) two-way communication and person check systems, and

(iii) emergency response measures; and

(b) for each hazardous confined space, in addition to the requirements specified in paragraph (a), all risk control measures that would ensure the health and safety of a person in the space and an entry permit system, if required under the report.

(3) If an entry permit system is required, the employer must ensure that it specifies the length of time that each permit is valid, and require that a record be made of:

(a) the name of the person entering the confined space; and

(b) the date and time of entry, the anticipated date and time of exit and the actual date and time of exit. Section 11.04(1) to (3).

For more information:

Verification Before Entry in and During Occupancy of Hazardous Confined Space. Section 11.05(1) to (4).
Emergency Procedures and Equipment. Section 11.06(1) to (4).
Record of Emergency Procedures and Equipment. Section 11.07(1)(2).
Provision and Use of Equipment. Section 11.08(1) to (3).
Closing off a Confined Space. Section 11.09(1) to (3).
Ventilation Equipment. Section 11.11(1) to (3).
Instruction and Training. Section 11.12(1) to (3).
Retention of Records. Section 11.13(a) to (c).

Further details on the Canada Occupational Health and Safety Regulations can be found at laws-lois.justice.gc.ca.

ALBERTA

In Alberta, employers are required to address confined space safety under the Occupational Health and Safety Code, Part 5, Sections 44 to 58. Employers must develop a written code of practice, conduct hazard assessments, ensure worker training, and implement an entry permit system. They are responsible for providing necessary protective equipment, maintaining atmospheric testing and ventilation, establishing emergency response procedures, and assigning a tending worker for continuous monitoring. Unauthorized entry must be prevented, and detailed records of all confined space activities must be kept.

Part 5 – Confined Spaces

Code of Practice

(1) An employer must have a written code of practice governing the practices and procedures to be followed when workers enter and work in a confined space.

(2) The code of practice must:

(a) take into account and apply the requirements of this Part and of section 169,

(b) be maintained and periodically reviewed, and

(3) A worker involved in any aspect of a confined space entry must comply with the requirements and procedures in the code of practice. Section 44(1) to (3).

Hazard Assessment

If a worker will enter a confined space or a restricted space to work, an employer must appoint a competent person to:

(a) identify and assess the hazards the worker is likely to be exposed to while in the confined space or restricted space,

(b) specify the type and frequency of inspections and tests necessary to determine the likelihood of worker exposure to any of the identified hazards,

(d) specify the safety and personal protective equipment required to perform the work, and

(e) identify the personal protective equipment and emergency equipment to be used by a worker who undertakes rescue operations in the event of an accident or other emergency. Section 45(a) to (e).

Training

(1) An employer must ensure that a worker assigned duties related to confined space or restricted space entry is trained by a competent person in:

(a) recognizing hazards associated with working in confined spaces or restricted spaces, and

(b) performing the worker’s duties in a safe and healthy manner.

(2) An employer must keep records of the training given under subsection (1).

(3) An employer must ensure that competence in the following is represented in the workers responding to a confined space or restricted space emergency:

(a) first aid;

(b) the use of appropriate emergency response equipment;

Entry Permit System

(1) A person must not enter a confined space at a work site without a valid entry permit.

(2) An employer must establish an entry permit system for a confined space that:

(a) lists the name of each worker who enters the confined space and the reason for the worker’s entry,

(b) gives the location of the confined space,

(d) takes into account the work being done in the confined space, and

(e) takes into account the code of practice requirements for entering, being in and leaving a confined space.

(3) An employer must ensure that, before a worker enters a confined space, an entry permit is properly completed, signed by a competent person and a copy kept readily available.

(4) Based on a review of similar confined spaces, an employer may issue an entry permit that can be used for a number of similar confined spaces. Section 47(1) to (4).

Safety and Protection — Generally

(1) An employer must ensure that:

(a) if a lifeline is required in a confined space or a restricted space, it is used in a manner that does not create an additional hazard,

(b) the safety and personal protective equipment required under this Code is available to workers entering a confined space or a restricted space,

(c) a worker who enters, occupies or leaves a confined space or restricted space uses the safety and personal protective equipment,

(d) the personal protective equipment and emergency equipment required under this Code is available to workers undertaking rescue operations in a confined space or restricted space,

(e) equipment appropriate to the confined space or restricted space, including personal protective equipment, is available to perform a timely rescue, and

(f) a communication system is established that is readily available to workers in a confined space or a restricted space and is appropriate to the hazards.

(2) An employer must ensure that all personal protective equipment and emergency equipment required for use in a confined space or a restricted space is inspected by a competent person to ensure the equipment is in good working order before workers enter the confined space or the restricted space.

(3) An employer must ensure that written records of the inspections required by subsection (2) are retained as required by section 58. Section 48(1) to (3).

For more information:

Protection — hazardous substances and energy. Section 49(1) to (3).
Unauthorized entry. Section 50.
Traffic hazards. Section 51.
Testing the atmosphere. Section 52(1) to (6).
Ventilation and purging. Section 53(1) to (5).
Section 54(1)(2).
Emergency response. Section 55(1) to (3).
Tending worker. Section 56(1) to (7).
Entry and exit. Section 57.
Retaining records. Section 58.

Further details on the Occupational Health and Safety Code can be found at alberta.ca.

BRITISH COLUMBIA

In British Columbia, employers are required to address confined space safety under the Occupational Health and Safety Regulation, Part 9, Sections 9.2 to 9.40. Employers must identify confined spaces, prohibit unauthorized entry, and develop a written confined space entry program that includes hazard assessments, entry permits, supervision, and worker training. They are responsible for ensuring atmospheric testing, ventilation, personal protective equipment, and emergency rescue services. Risk controls must be in place to mitigate hazards, and detailed records of training and rescue drills must be maintained.

Part 9: Confined Spaces – General Requirements

Initial Determination

The employer must:

(a) ensure that each confined space in the workplace is identified, and

(b) determine whether any such space will require entry by a worker, either in scheduled work activities or as a result of foreseeable system failures or other emergencies. Section 9.2.

Prohibited Entry

If a confined space exists at a workplace but no worker entry is required, the employer must ensure that each point of access to the confined space is secured against entry or identified by a sign or other effective means which indicates the nature of the hazard and the prohibition of entry, and that workers are instructed not to enter. Section 9.3.

Control of Hazards

The employer must ensure that all confined space hazards are eliminated or minimized and that work is performed in a safe manner. Section 9.4.

Confined Space Entry Program

Before a worker is required or permitted to enter a confined space, the employer must prepare and implement a written confined space entry program which includes:

(a) an assignment of responsibilities,

(b) a list of each confined space or group of similar spaces and a hazard assessment of those spaces, and

(i) identification and entry permits,

(ii) lockout and isolation,

(iii) verification and testing,

(iv) cleaning, purging, venting, or inerting,

(v) ventilation,

(vi) standby persons,

(vii) rescue,

(viii) lifelines, harnesses, and lifting equipment,

(ix) personal protective equipment and other precautions, and

(x) coordination of work activities. Section 9.5.

Administration

The employer must assign overall responsibility for administration of the confined space entry program to a person or persons adequately trained to do so. Section 9.6.

Supervision

(1) The employer must assign responsibility for supervision to a person who is adequately trained to supervise the job before any worker enters a confined space.

(2) The responsible supervisor must ensure that:

(a) pre-entry testing and inspection is conducted based on the written procedures,

(b) the precautions identified in the written procedures and the precautions required by this Regulation or which are otherwise necessary for the health and safety of workers are followed, and

Isolation Points

(1) The employer must keep a record which identifies the location of every isolation point.

(2) Every isolation point must be visually checked or otherwise verified to ensure that the confined space is effectively isolated before a worker enters the space. Section 9.19.

For more information:

Blanks and blinds. Section 9.20.
Alternative measures of control or isolation of adjacent piping. Section 9.22.
Testing the atmosphere. Section 9.25.
Cleaning, purging and venting. Section 9.27.
Risk control. Section 9.28.
Section 9.29.
Low hazard atmospheres. Section 9.31.
Provision of rescue services. Section 9.37.
Equipment and training. Section 9.38.
Summoning rescue. Section 9.40.

Further details on the EMPLOYMENT STANDARDS ACT can be found at BClaws.gov.bc.ca.

MANITOBA

In Manitoba, employers must ensure worker safety in confined spaces under the Workplace Safety and Health Act and Regulation, Part 15 – Sections 15.1. to 15.13 Employers are required to develop and implement safe work procedures, conduct hazard assessments, and train workers on confined space risks and entry protocols. Unauthorized entry must be prevented, and hazardous confined spaces require entry permits, emergency response plans, continuous communication, and monitoring. Employers must control atmospheric hazards through ventilation and purging and provide personal protective equipment and rescue equipment.

Part 15 – Confined Spaces – General Requirements

Application

This Part applies to every workplace where a worker works in a confined space or a hazardous confined space. Section 15.1.

Safe Work Procedures

(1) An employer must:

(a) develop and implement safe work procedures for working in confined spaces and hazardous confined spaces;

(b) train workers in the safe work procedures; and

(2) The safe work procedures must include:

(a) procedures for recognizing the risks associated with working in confined spaces and hazardous confined spaces;

(b) procedures for isolating — including blanking, disconnecting, interrupting and locking out — pipes, lines and sources of energy from such spaces; and

(3) The safe work procedures must include the following additional requirements when workers are working in a hazardous confined space:

(a) procedures for communicating with a standby worker;

(b) an emergency response plan and rescue procedures to be implemented in the event of an accident or other emergency in the space;

General Requirements

(1) Before requiring or permitting a worker to enter or work in a confined space or a hazardous confined space, an employer must:

(a) identify and assess the risks to safety or health a worker is likely to be exposed to while in the space;

(b) identify and take measures to reduce, control or eliminate the risks to safety or health associated with the space, including

(i) using alternative means of performing the work to be done that will not require the worker to enter the space, and

(ii) making alterations to the physical characteristics of the space that may be necessary to ensure safe access to and egress from all accessible parts of the space;

(c) identify the appropriate type and frequency of tests and inspections necessary to determine the likelihood of a worker being exposed to any of the identified risks, and ensure those tests and inspections are completed by a competent person; and

(d) identify the safety and personal protective equipment required to be used or worn in the space by a worker while he or she performs work and ensure that equipment is at the site of the space.

(2) An employer must ensure that the structural integrity of a confined space or a hazardous confined space is maintained when its physical characteristics are altered in order to ensure safe access and egress by a worker. Section 15.3(1)(2).

For more information:

No unauthorized entry. Section 15.4.
Requirements before work can begin in hazardous confined space. Section 15.5(a) to (e).
Entry permit system requirements. Section 15.6(1)(2).
Review of entry permit. Section 15.7(1).
Standby worker. Section 15.8(1)(2).
Purging and ventilating unsafe atmosphere. Section 15.9(1)(2).
Personal protective equipment and other control measures. Section 15.10.
Entry prohibited. Section 15.11.
Emergency response plan for hazardous confined spaces. Section 15.12.
Emergency response — top entry into confined space. Section 15.13(1)(2).

Further details on the Manitoba Workplace Safety and Health Act and Regulation can be found at gov.mb.ca.

NEW BRUNSWICK

In New Brunswick, employers must ensure worker safety in confined spaces under the General Regulation – Occupational Health and Safety Act, Part XVII – Section 262 to 272. Employers are required to identify confined spaces, assess hazards, and appoint competent personnel to conduct atmospheric tests before entry. They must control hazardous substances, ensure proper ventilation, and provide protective equipment for workers.

Part XVII – Confined Space

Definition of “Confined Space”

In this Part, “confined space” means an enclosed or partially enclosed space not designed or intended for continuous human occupancy with restricted access or egress and which is or may become hazardous to a person entering it because of its design, construction, location, atmosphere or the materials or substances in it or other conditions, but does not include a development heading in an underground mine. Section 262.

(1) Where an employee is about to enter into a confined space, an employer shall appoint a competent person to verify by tests that:

(a) the concentration of airborne chemical agents or airborne dust in the confined space is not hazardous to the health or safety of the employee,

(b) the concentration of an airborne chemical agent or mixture of chemical agents or airborne dust in the confined space does not exceed 50% of its lower explosive limit,

(d) the percentage of oxygen in the atmosphere in the confined space is not less than 19.5% by volume and not more than 23% by volume,

(e) the concentration, level or percentage referred to in paragraphs (a) to (d) is able to be maintained during the period of proposed occupancy of the confined space by the employee,

(f) any liquid in which the employee may drown or any free flowing solid in which the employee may become entrapped has been removed from the confined space,

(g) the entry of any liquid, free flowing solid or any 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 disconnection or the fitting of blank flanges,

(h) all electrical equipment and machines that present a hazard to an employee entering into, exiting from or occupying the confined space have been locked out, with the machines being put in a zero energy state and locked out in accordance with sections 239 and 240, and

(i) the opening for entry into and exit from the confined space is sufficient to allow safe passage of an employee who is using protective equipment or emergency equipment.

(2) The competent person referred to in subsection (1) shall, when performing the tests required under paragraphs (1)(a) to (d), use appropriate and properly calibrated instruments that have been functionally tested.

(3) The competent person referred to in subsection (1) shall in a written report:

(a) set out

(i) the results of the tests made under subsection (1), and

(ii) an evaluation of the hazards of the confined space,

(b) set out the procedures to be followed by an employee entering into, exiting from or occupying the confined space,

(d) set out the emergency procedures to be followed in the event of an accident or other emergency in or near the confined space, including immediate evacuation of the confined space when an alarm is activated or there is any significant change in the concentration, level or percentage referred to in subsection (1), and

(e) identify the protective equipment and emergency equipment to be used by an employee who undertakes rescue operations in the event of an accident or other emergency.

(4) An employer shall provide to each employee entering the confined space the protective equipment referred to in paragraph (3)(c) and to each employee who may undertake rescue operations the protective equipment and emergency equipment referred to in paragraph (3)(e).

(5) An employer shall ensure that the written report referred to in subsection (3) and any procedures set out in the report are explained to an employee who is about to enter into the confined space or who may undertake a rescue operation in the confined space and the employee shall read the report and acknowledge that the report and the procedures were explained to the employee by signing a dated copy of the report.

(6) An employer shall ensure that an employee who is about to enter into the confined space is instructed and trained in the procedures referred to in subsection (3) and in the use of the protective equipment referred to in paragraph (3)(c) and that an employee who may undertake rescue operations is instructed and trained in the procedures referred to in subsection (3) and in the use of the protective equipment and emergency equipment referred to in paragraph (3)(e).

(7) Every employee who enters into, exits from or occupies the confined space shall follow the procedures referred to in subsection (3) and use the protective equipment and emergency equipment referred to in subsection (3) as required. Section 263(1) to (7).

For more information:

Employer purging of confined spaces. Section 264(1)(2).
Confined space monitoring by a competent person for hazards. Section 265.
Employer responsibilities. Section 266(a) to (f).
More employer responsibilities. Section 267(1) to (3).
Concentration of airborne chemical plants, mixture of chemical agents or airborne dust in confined space. Section 268.
Electrical equipment in wet confined spaces. Section 270.
Competent person written reports. Section 271.
Warning signs and barricades in confined spaces. Section 272.

Further details on the General Regulation – Occupational Health and Safety Act can be found at laws.gnb.ca.

NEWFOUNDLAND & LABRADOR

In Newfoundland and Labrador, employers must ensure worker safety in confined spaces under the Occupational Health and Safety Regulations, 2012, Part XXVII – Section 511 to 516. Employers are required to assess work areas for confined spaces, identify hazards, and ensure workers complete a confined space entry program. Before entry, they must conduct atmospheric tests, implement safety controls, and provide a written work permit and safe work procedures.

Part XXVII – Confined Space Entry

Confined Space Entry

(1) An employer shall perform an assessment of the work area to determine whether it contains a confined space.

(2) For the purpose of this Part, “confined space” means an enclosed or partially enclosed space that:

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

(b) has restricted means of access and egress; and

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

(ii) the materials or substances in it, or

(iii) any other conditions relating to it.

(3) A worker shall not work in a confined space after January 1, 2013 unless the worker has completed a confined space entry program prescribed by the commission.

(4) An employer shall inform a worker who may have to work in a confined space of a hazard by posting signs or other equally effective means of advising of the existence of and dangers posed by confined spaces. Section 511(1) to (4).

Work Procedures

(1) An employer shall ensure that a worker who is required or permitted to enter a confined space in which a harmful atmosphere exists or may develop or the worker may become entrapped by material:

(a) wears appropriate retrieval equipment which would keep the worker in a position to be rescued; and

(b) has a life-line attached to the retrieval equipment which is tended at all times by a person, stationed outside the entrance to the confined space who shall be equipped for and capable of effecting rescue and the employer shall prevent entanglement of life-lines and other equipment where one or more workers enter the confined space.

(2) Notwithstanding subsection (1), the use of a lifeline is not required where an obstruction or other condition makes its use impractical or unsafe but, in that case, an employer shall implement procedures to ensure the safety of the worker.

(3) Where a worker is required to enter a confined space the employer shall ensure that an attendant:

(a) is assigned to the worker;

(b) is stationed outside and near

(i) the entrance to the confined space, or

(ii) where there is more than one entrance to the confined space, the one that best allows the attendant to perform the attendant’s duties under subsection (4);

(c) is in continuous communication with the worker using the means of communication described in the relevant safe work procedure; and

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

(4) An attendant shall not enter a confined space and shall, in accordance with the required safe work procedure,

(a) monitor the safety of the worker in the confined space;

(b) provide assistance to the worker; and

Entry Into Confined Space

A confined space shall be entered only where:

(a) the opening for entry and exit is sufficient to allow safe passage of a person wearing personal protective equipment;

(b) mechanical equipment in the confined space is

(i) disconnected from its power source, and

(ii) locked out and tagged;

(d) measures have been taken to ensure that, where appropriate, the confined space is continuously ventilated;

(e) liquid in which a person may drown or a free-flowing solid in which a person may become entrapped has been removed from the confined space;

(f) adequate explosion-proof illumination is provided where appropriate; and

(g) adequate barriers are erected to prohibit unauthorized entry. Section 514(a) to (g).

For more information:

Corrective precautions. Section 512(1) to (17).
Explosives or flammable atmosphere. Section 515.
Rescue from confined space. Section 516.

Further details on the Occupational Health and Safety Regulations, 2012 can be found at assembly.nl.ca.

NOVA SCOTIA

In Nova Scotia, employers are required to ensure worker safety in confined spaces under the Occupational Safety General Regulations, Part 12 – Section 129 to 137. Employers must identify confined spaces, establish written entry procedures, and provide necessary training. Before entry, a competent person must conduct a hazard assessment and certify that conditions remain safe, including testing for oxygen levels, chemical substances, and other hazards.

Part 12 – Confined Space Entry

Application and Interpretation

(1) In this Part, “confined space” means an enclosed or partially enclosed space:

(a) not designed or intended for regular human occupancy;

(b) with restricted access or exit; and

(c) that is or may become hazardous to a person entering it because of its design, construction, location, atmosphere or the materials or substances in it or other conditions.

(1A) When assessing whether a space is or may become hazardous to a person entering it because of its atmosphere under clause (1)(c), a person must not take into account the protection afforded to a person through the use of personal protective equipment or ventilation.

(2) Sections 130 to 137 do not apply to:

(a) a development heading in an underground mine; and

(b) a firefighter engaged in structural fire-fighting or rescue, if the firefighter has received adequate training for confined space entry and rescue. Section 129(1)(2).

Certification of Confined Space Conditions

(1) Subsequent to performing the tests required in clauses 130(8)(a), (b) and (c), a competent person shall certify, in writing, that the conditions tested in the confined space are likely to be maintained within a predicted and recorded range for the entire time the certification is valid, and the certification shall include:

(a) the signature of the competent person;

(b) the date and time of when the tests were performed;

(i) can be performed in the confined space, and

(ii) is explicitly banned in the confined space;

(d) the means by which the work is to be performed;

(e) the expiry date and time of the certification; and

(f) a record of the tests performed and of the test results.

(2) No certification issued under subsection. (1) shall be valid for longer than 24 hours after the time the tests required by clauses 130(8)(a), (b) and (c) were performed.

(3) An employer shall post a copy of the currently valid certification required in subsection. (1) at the entrance to the confined space for the duration of the confined space occupancy.

(4) An employer shall maintain a copy of the certification required in subsection. (1) for 12 months. Section 131(1) to (4).

Response to Hazardous Condition

(1) An employer shall ensure that no person enters or remains in a confined space where the tests conducted under clause 130(8)(a) indicate that a concentration of a chemical substance or mixture of chemical substances in the confined space equals or exceeds 50% of the lower explosive limit of the chemical substance or mixture of chemical substances.

(2) Where the concentration of a chemical substance or mixture of chemical substances may cause a flammable or explosive hazard, and where the tests conducted under clause 130(8)(a) indicate that the concentration of the substance or substances in a confined space is between 10% and 50% of the lower explosive limit, an employer shall:

(a) provide explosion-proof lighting and ensure that it is used where necessary; and

(b) ensure that the only work performed in the confined space is cleaning or inspecting and is of such a nature that it does not create any source of ignition.

(3) Where the level of oxygen in a confined space is more than 22.5% and a person is to work in the confined space, an employer shall ensure that the confined space does not contain any substance which would be classified as flammable and combustible material or as dangerously reactive material under theControlled Products Regulations made under theHazardous Products Act (Canada).

(4) Despite subsection. (1), where the tests conducted under clause 130(8)(a) indicate that the concentration of a chemical substance or mixture of chemical substances in the confined space exceeds, or is likely to exceed, 50% of the lower explosive limit, measured at atmospheric conditions containing 20.9% oxygen, of the chemical substance or mixture of chemical substances and cannot be lowered below that prescribed threshold level, a person may enter the confined space if the employer ensures that:

(a) the atmosphere is confirmed inert by a competent person after the performance of appropriate tests; and

(b) the person is using appropriate protective equipment when working in the confined space. Section 133(1) to (4).

Respiratory Protective Equipment

(1) An employer shall provide:

(a) appropriate respiratory protective equipment to a person who enters a confined space where the concentration of a chemical substance or a mixture of chemical substances in a confined space is hazardous to the health or safety of a person; and

(b) positive pressure respiratory protective equipment to a person who enters a confined space where the concentration of oxygen is less than 19.5 %.

(2) An employer shall ensure that the respiratory protective equipment referred to in clause (1)(b):

(a) has an air line and an independent 5-minute supply of air; or

(b) is self-contained and equipped with an audible alarm that sounds when the air supply has diminished to

(i) 20% of the capacity of the unit, or

(ii) a 5-minute reserve. Section 135(1)(2).

For more information:

Assessment and written procedures. Section 130(1) to (11).
Purging and further testing. Section 132(a)(b).
Protective equipment and security measures. Section 134(1) to (4).

Further details on the Occupational Safety General Regulations can be found at novascotia.ca.

NORTHWEST TERRITORIES & NUNAVUT

In Northwest Territories, employers are required to address confined space entry under the Occupational Health and Safety Regulations, Part 18 – Section 273 to 281. Employers must identify confined spaces and assess potential hazards before permitting worker entry. If entry is necessary, they must ensure safe access and egress, hazard elimination or control, and proper ventilation.

Part 18 – Confined Space Entry

Interpretation

In this Part, “hazardous confined space” means a confined space that endangers or could endanger a worker entering into or already in the confined space, due to:

(a) the design, construction or atmosphere of the space,

(b) the materials or substances in the space,

(c) the work activities or processes used in the space, or (d) any other conditions relating to the space. (espace restreint dangereux) Section 273(a)(b)(c).

Identification of Confined Spaces and Hazards

If a worker could be required or permitted to work in a confined space, an employer, in consultation with the Committee or representative, shall identify:

(a) types of confined spaces at the work site that the worker could be required or permitted to enter;

(b) types of hazards that are or could be present at each confined space;

(c) alternative means to perform the work to be performed in the confined spaces that need not require the worker to enter the confined spaces; and

(d) alterations to the physical characteristics of the confined spaces that could be necessary to ensure safe entrance to and exit from all accessible parts of each confined space. Section 274(a) to (d).

Avoidance of Entry into Hazardous Confined Space

(1) If reasonably possible, an employer shall use an alternative means to perform work that will not require a worker to enter a hazardous confined space.

(2) An employer shall take reasonable steps to prevent unauthorized entry into a hazardous confined space. Section 275(1)(2).

Requirements Before Confined Space Entered

(1) If a worker will be required or permitted to work in a confined space, an employer shall, before requiring or permitting the worker to enter the confined space,

(a) ensure that there is a safe entrance to and exit from all accessible parts of the confined space; and

(b) make reasonable alterations to the physical characteristics of the confined space necessary to ensure a safe entrance to and exit from all accessible parts of the confined space.

(2) In making alterations under paragraph (1)(b), an employer shall ensure that the structural integrity of the confined space is maintained. Section 276(1)(2).

Requirements Before Hazardous Confined Space Entered

(1) Before a worker is required or permitted to enter a hazardous confined space, an employer shall appoint a competent individual:

(a) to assess the hazards;

(b) if a potentially hazardous atmosphere has been identified, to test the atmosphere of the hazardous confined space for

(i) oxygen enrichment or deficiency,

(ii) the presence of flammable or explosive substances, and

(iii) the presence and concentration of hazardous airborne chemical substances; and

(i) work activities or processes will result in the release of toxic, flammable or explosive concentrations of substances during the worker’s occupation of the confined space,

(ii) measures have been taken to ensure that the worker will not drown or become entrapped in liquid or free-flowing solid present in the confined space,

(iii) the entry of liquid, free-flowing solid or hazardous substance into the confined space in a quantity that could endanger the health or safety of the worker has been prevented,

(iv) all energy sources that present a hazard to the worker entering into, exiting from or occupying the confined space have been locked out, with the energy sources being put in a zero energy state,

(v) any hazards from biological substances are present in the confined space, and

(vi) the opening for entry into and exit from the confined space is sufficient to allow safe passage of the worker who is using personal protective equipment required by these regulations.

(2) When testing the atmosphere of a hazardous confined space in accordance with paragraph (1)(b), a competent individual shall use appropriate and properly calibrated instruments that have been tested to ensure that the instruments are capable of operating safely and effectively.

(3) A competent individual who carries out the activities described in paragraphs (1)(a) to (c) shall prepare a report in writing that sets out:

(a) the results of the assessment, tests and determinations;

(b) any recommended special precautions and procedures to reduce the risk to a worker, that are to be followed by the worker entering into, exiting from or occupying the confined space; and

(c) any recommended personal protective equipment to be used by a worker entering the confined space. Section 277(1) to (3).

For more information:

Notice If No Hazard Found. Section 278(a)(b)(c).
Entry Plan. Section 279(1) to (3).
Purging and Ventilating of Unsafe Atmosphere. Section 280(1)(2).
Precautions If Safe Atmosphere Not Possible. Section 281(1) to (7).

Further details on the Official Consolidation of Occupational Health and Safety Regulations can be found at canlii.org.

NUNAVUT

In Nunavut, employers are required to address confined space entry under the Occupational Health and Safety Regulations, Part 18 – Section 273 to 281. Employers must identify confined spaces and assess potential hazards before permitting worker entry. If entry is necessary, they must ensure safe access and egress, hazard elimination or control, and proper ventilation.

Part 18 – Confined Space Entry

Interpretation

In this Part, “hazardous confined space” means a confined space that endangers or could endanger a worker entering into or already in the confined space, due to:

(a) the design, construction or atmosphere of the space,

(b) the materials or substances in the space,

(c) the work activities or processes used in the space, or (d) any other conditions relating to the space. (espace restreint dangereux) Section 273(a)(b)(c).

Identification of Confined Spaces and Hazards

If a worker could be required or permitted to work in a confined space, an employer, in consultation with the Committee or representative, shall identify:

(a) types of confined spaces at the work site that the worker could be required or permitted to enter;

(b) types of hazards that are or could be present at each confined space;

(c) alternative means to perform the work to be performed in the confined spaces that need not require the worker to enter the confined spaces; and

Avoidance of Entry into Hazardous Confined Space

(1) If reasonably possible, an employer shall use an alternative means to perform work that will not require a worker to enter a hazardous confined space.

(2) An employer shall take reasonable steps to prevent unauthorized entry into a hazardous confined space. Section 275(1)(2).

Requirements Before Confined Space Entered

(1) If a worker will be required or permitted to work in a confined space, an employer shall, before requiring or permitting the worker to enter the confined space,

(a) ensure that there is a safe entrance to and exit from all accessible parts of the confined space; and

(b) make reasonable alterations to the physical characteristics of the confined space necessary to ensure a safe entrance to and exit from all accessible parts of the confined space.

(2) In making alterations under paragraph (1)(b), an employer shall ensure that the structural integrity of the confined space is maintained. Section 276(1)(2).

Requirements Before Hazardous Confined Space Entered

(1) Before a worker is required or permitted to enter a hazardous confined space, an employer shall appoint a competent individual