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

Signs

10.40 The information disclosed on a sign referred to in subsection 10.36(1), paragraph 10.36(3)(a), section 10.38 or paragraph 10.43(b) shall be of such a size that it is clearly legible to employees.

Replacing Labels

• 10.41 (1) If, in a work place, a label applied to a hazardous product or the container of a hazardous product becomes illegible or is removed from the hazardous product or the container, the employer shall replace the label with a work place label that discloses the following information:

  • (a) the product identifier;

  • (b) the hazard information in respect of the hazardous product; and

  • (c) a statement indicating that a safety data sheet for the hazardous product is available in the work place.

• (2) An employer shall review the accuracy of the information on a work place label and update it as soon as feasible after new hazard information or significant new data becomes available to the employer.

Exemptions from Disclosure

• 10.42 (1) Subject to subsection (2), if an employer has filed a claim for exemption from the requirement to disclose information on a safety data sheet or on a label under subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall disclose, in place of the information that the employer is exempt from disclosing,

  • (a) if there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was filed and the registry number assigned to the claim under section 10 of the Hazardous Materials Information Review Regulations; and

  • (b) if the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

• (2) If a claim for exemption is in respect of a product identifier, the employer shall, on the safety data sheet or label of the hazardous product, disclose, in place of that product identifier, a code name or code number specified by the employer as the product identifier for that hazardous product.

Hazardous Waste

• 10.43 (1) If a hazardous product in the work place is hazardous waste, the employer shall disclose the generic name and hazard information in respect of the hazardous product by

  • (a) applying a label to the hazardous waste or its container; or

  • (b) posting a sign in a conspicuous place near the hazardous waste or its container.

• (2) The employer shall provide education and training to employees regarding the safe storage and handling of hazardous waste that is found in the work place.

Information Required in a Medical Emergency

10.44 For the purposes of subsection 125.2(1) of the Act, a medical professional is a nurse who is registered or licensed under the laws of a province.

Fire and Explosion Prevention

• 10.45 (1) [Repealed, SOR/98-427, s. 9]

• (2) For the purpose of interpreting the standards referred to in sections 10.46 to 10.49,

  • (a) [Repealed, SOR/2000-374, s. 4]

  • (b) dangerous goods means hazardous products used in these Regulations; and

  • (c) in respect of a hazardous product classified under the Hazardous Products Regulations,

    • (i) flammable liquids means flammable liquids used in these Regulations,

    • (ii) combustible liquids means combustible liquids used in these Regulations,

    • (iii) compressed gases means compressed gases used in these Regulations,

    • (iv) reactive substances means reactive flammable materials used in these Regulations,

    • (v) aerosol products means flammable aerosols used in these Regulations,

    • (vi) poisonous and infectious substances means poisonous and infectious materials used in these Regulations,

    • (vii) corrosive substances" means corrosive materials used in these Regulations, and

    • (viii) oxidizing substances means oxidizing materials used in these Regulations.

10.46 Hazardous products shall be stored in accordance with subsections 3.2.7, 3.2.8, 3.2.9 and 3.3.4 of the National Fire Code.

10.47 Flammable aerosols shall be stored in accordance with subsection 3.2.5 of the National Fire Code.

10.48 The provisions of Part 3 of the National Fire Code apply as follows:

• (a) compressed gases shall be stored and handled in accordance with subsections 3.2.8 and 3.3.5;

• (b) reactive flammable materials shall be stored and handled in accordance with subsections 3.2.7 and 3.3.4;

• (c) poisonous and infectious materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4;

• (d) corrosive materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4; and

• (e) oxidizing materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4.

10.49 The provisions of Part 4 of the National Fire Code apply as follows:

• (a) areas used for the storage, handling and use of flammable liquids and combustible liquids shall meet the standards set out in subsection 4.1.5, with the exception of article 4.1.5.6;

• (b) the drainage and disposal of flammable liquids and combustible liquids shall be in accordance with subsection 4.1.6;

• (c) flammable liquids and combustible liquids shall be stored in storage tanks meeting the standards set out in subsection 4.1.8;

• (d) maintenance and operating procedures shall be established to prevent the escape of flammable liquids and combustible liquids, as required by subsection 4.1.6;

• (e) general container storage and handling of flammable liquids and combustible liquids shall be in accordance with subsections 4.2.1 to 4.2.8, with the exception of paragraph 4.2.8.4(d);

• (f) rooms used for container storage of flammable liquids and combustible liquids shall conform with subsection 4.2.9, with the exception of article 4.2.9.3;

• (g) cabinets used for container storage of flammable liquids and combustible liquids shall conform with subsection 4.2.10;

• (h) outdoor container storage of flammable liquids and combustible liquids shall be in accordance with subsection 4.2.11;

• (i) storage tanks for flammable liquids and combustible liquids shall conform with section 4.3, with the exception of paragraph 4.3.13.1(1)(d), articles 4.3.13.5 and 4.3.15.2 and sentences 4.3.16.1(3) and (4);

• (j) piping and transfer systems for flammable liquids and combustible liquids shall conform with section 4.4, with the exception of articles 4.4.6.2, 4.4.11.1 and 4.4.11.2; and

• (k) flammable liquid and combustible liquid installations on piers and wharves shall conform with section 4.7, with the exception of article 4.7.10.2.

PART XIConfined Spaces

Interpretation

11.01 The following definitions apply in this Part.

class of confined spaces

class of confined spaces means a group of at least two confined spaces that are likely, because of their similarity, to present the same hazards to persons entering, exiting or occupying them. (catégorie d’espaces clos)

confined space

confined space means a space that

• (a) is enclosed or partially enclosed;

• (b) is not designed or intended for continuous human occupancy; and

• (c) has a limited or restricted means of entry or exit or an internal configuration that could complicate provision of first aid, evacuation, rescue or other emergency response. (espace clos)

hazardous confined space

hazardous confined space means a confined space that, when entered, occupied or exited by persons, presents hazards likely to cause injury, illness or other adverse health effects to persons entering, exiting or occupying it because of

• (a) its design, construction, location or atmosphere;

• (b) the materials or substances in it; or

• (c) any other conditions relating to it. (espace clos dangereux)

hot work

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

Confined Space Identification

• 11.02 (1) The employer must, in consultation with the work place committee or health and safety representative,

  • (a) survey the work place 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

  • (c) appoint a qualified person to determine whether a confined space is a hazardous confined space.

• (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 work place or keep a centralized record of confined spaces in respect of several work places in one work place.

• (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.

Hazard Assessment

• 11.03 (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.

Confined Space Procedures

• 11.04 (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.