New Confined Space Regulations

The new rules kick in Sep. 20, 2006

Section 60 to 63 of the current Construction Regulation deal with work in confined spaces. These sections will be replaced by new requirements effective Sep. 30, 2006.

Major changes include:

• New definitions;
• Requirement that employers have a written program for confined space entry, including how to recognize a confined space, hazard assessment, hazard controls, worker training and an entry permit system;
• Requirement that constructors have a written coordination document when workers from more than one employer work in the same confined space.

DEFINITIONS

Confined Space – effective Sep. 30, 2006, “confined space” means a fully or partially enclosed space (a) which is neither designed nor constructed for continuous human occupancy and (b) in which atmospheric hazards may occur because of its construction, location or contents, or because of work that is done in it.

Confined spaces include vaults, chambers, vessels and tanks. Structures designed and constructed for human occupancy such as houses and apartment buildings are not deemed confined spaces, though they may contain such spaces.

Atmospheric levels – effective Sep. 20, 2006, the following are acceptable:

• Concentration of any explosive or flammable gas or vapour less than 25 per cent of its lower explosive limit for inspection activities (reduced from 50 per cent in current regulation); 10 per cent of its lower explosive limit for cold work; and five per cent of its lower explosive limit for hot work.
• Oxygen content at least 19.5 per cent but not more than 23 per cent by volume (changed from current level of 18 to 23 per cent).
• Concentration of atmospheric contaminants not to exceed what is reasonable for the protection of workers.
  

Atmospheric hazards – effective Sep. 30, 2006, the following are considered hazardous:

• Any accumulation of flammable, combustible or explosive agents.
• Oxygen level below 19.5 per cent or greater than 23 per cent by volume.
• Accumulation of atmospheric contaminants, including gases, vapours, fumes, dusts or mists, which can (a) result in acute health effects that pose an immediate threat to life; or (b) interfere with a person's ability to escape unaided from the confined space.
  

PROGRAM

Before workers enter a confined space, there employer must have a written program in place. The program can apply to one or more confined spaces, but must include methods for:

• Recognizing each confined space;
• Assessing hazards to which workers may be exposed – (bld)assessment(endbold);
• Developing hazard controls – (bld) plan (endlbd)
• Training workers.
  

In addition, the program must include an entry permit system setting out work procedures in the confined space.

Employers must give a copy of the program to the constructor of a project. The constructor in turn must give copies to the project's joint health and safety committee (JHSC) or health and safety representative, if any. The constructor must also make a copy of the program available to any other employer of workers who perform work to which the program relates. If there is no JHSC or health and safety representative, the constructor must make a copy of the program available to every worker to which the program relates.

For confined spaces of similar construction and presenting the same hazards, a single assessment and plan can be used. But the individual confined spaces must be identified in each assessment and plan.

The plan is the program element with the most requirements – 11 in all:

1. Duties of workers.
2. Constructor's coordination document when workers from more than one employer will work in the confined space.
3. On-site rescue procedures.
4. Rescue equipment (inspected by competent worker) and methods of communication.
5. Protective clothing and personal protective equipment.
6. Isolation of energy and control of material movement.
7. Attendants
8. Adequate means of access and egress.
9. Atmospheric testing by a competent worker.
10. Adequate procedures for working in the presence of explosive or flammable substances, and
11. Ventilation and purging.

Eight of these items entail further requirements.

Regarding item “7”, for example, the employer must ensure than an attendant is assigned and stationed outside or near the entrance to the confined space. The attendant must be in constant communication with all workers in the space and be able to summon an adequate rescue response in an emergency.

Regarding item “10”, workers may enter a confined space where flammable, combustible or explosive agents have accumulated, provided that:

• Only inspection work is performed and the concentration of explosive or flammable gas or vapour is less than 25 per cent of its lower explosive limit;
• Only cold work is performed and the concentration of explosive or flammable gas or vapour is less than 10 per cent of its lower explosive limit;
• Hot work is performed only when:

- the concentration of explosive or flammable gas or vapour is less than five per cent of its lower explosive limit;

- oxygen content is not greater than 23 per cent;

- the atmosphere is monitored continuously;

- the entry permit covers hot work and corresponding controls

- an appropriate alarm system and exit procedure are in place.

Alternatively, work may be carried out in a confined space if the atmosphere is rendered inert by an inert gas, is continuously monitored to ensure that it remains inert, and workers in the space use adequate respiratory equipment and are equipped to allow persons outside the space to locate and rescue them.

TRAINING

Employers must provide every worker who enters a confined space with adequate training in accordance to their plan. Furthermore, the training must include hazard recognition and safe work practices.

Employers must maintain a written record of who provided and who received the training as well as the date it was delivered. The record of training can be incorporated in the entry permit.

ENTRY PERMITS

Many requirements under the program – such as assessment, plan and inspection of rescue equipment – can be incorporated in the entry permit.

As a minimum, the entry permit must include:

1. Location of confined space;
2. Description of work to be performed;
3. Description of hazards and control measures;
4. Time period for which the permit applies;
5. Name of the attendant assigned;
6. Record of the worker's entries and exits;
7. List of equipment required for entry and rescue;
8. Verification that entry and rescue equipment;
9. Results of atmospheric testing;
10. Provisions and controls for hot work, where applicable.

Before any worker enters a confined space, a competent person must verify that the entry permit complies with the plan. The entry permit must be readily available to every person who enters the confined space or performs related work.

RECORD KEEPING

For inspection at the project, employers must keep every plan, assessment, coordination document, record of training, entry permit, record of inspection and record of tests.

For detailed information on the new requirements, go to www.csao.org and click on the green book. Click on “Contents” and choose the Regulations for Construction Projects. Click on “Part II.1 Confined Spaces.”

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