Canada Occupational Health and Safety Regulations (SOR/86-304)

Regulations are current to 2016-08-15 and last amended on 2016-06-14. Previous Versions

Precaution

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

  • SOR/92-544, s. 1.

Hot Work

  •  (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

    • (b) oxygen in a concentration in excess of 23 per cent.

  • (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

    • (a) section 11.10 is complied with; or

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

  • SOR/92-544, s. 1;
  • SOR/95-286, s. 9;
  • SOR/2002-208, s. 43(F).

Ventilation Equipment

  •  (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

    • (a) the ventilation equipment is

      • (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.

  • SOR/92-544, s. 1.

Training

  •  (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).

  • SOR/92-544, s. 1;
  • SOR/95-286, s. 10(F).

Record Keeping

 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

  • (b) any report made pursuant to subsection 11.4(2)

    • (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.

  • SOR/92-544, s. 1.

PART XIISafety Materials, Equipment, Devices and Clothing

General

 Where

  • (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.

  • SOR/94-263, s. 44(F);
  • SOR/95-533, s. 2(F);
  • SOR/2002-208, s. 39.

 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

  • (b) shall not in itself create a hazard.

 All protection equipment provided by the employer shall

  • (a) be maintained, inspected and tested by a qualified person; and

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

Protective Headwear

 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.

Protective Footwear

  •  (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.

Eye and Face Protection

 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.

Respiratory Protection

  •  (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).

  • SOR/88-68, s. 14;
  • SOR/94-263, s. 45;
  • SOR/99-151, s. 1;
  • SOR/2002-208, s. 43(F).
 
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