Oil and Gas Occupational Safety and Health Regulations (SOR/87-612)

Exemptions from Disclosure

• 11.44 (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

• 11.45 (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.

Information Required in a Medical Emergency

11.46 For the purposes of subsection 125.2(1) of the Act, a medical professional is

• (a) a registered nurse registered or licensed under the laws of a province; or

• (b) a medic.

DIVISION IV[Repealed, SOR/94-165, s. 45]

PART XIIConfined Spaces

Interpretation

12.1 In this Part, confined space means a storage tank, process vessel, ballast tank or other enclosure not designed or intended for human occupancy, except for the purpose of performing work,

• (a) that has poor ventilation;

• (b) in which there may be an oxygen deficient atmosphere; or

• (c) in which there may be an airborne hazardous substance. (espace clos)

General

• 12.2 (1) If a person is about to enter into a confined space, the employer shall appoint a qualified person to verify by tests that

  • (a) the concentration of any chemical agent in the confined space

    • (i) to which the person is likely to be exposed does not exceed the limit referred to in subsection 11.23(1), and

    • (ii) does not exceed the limit referred to in section 11.24;

  • (b) the concentration of airborne hazardous substances, other than chemical agents, in the confined space is not hazardous to the safety or health of the person;

  • (c) the concentration of oxygen in the atmosphere in the confined space is not less than 18% by volume and not more than 23% by volume, at normal atmospheric pressure, and in any case the partial pressure of oxygen is not less than 135 mm Hg;

  • (d) the requirements set out in paragraphs (a) to (c) are maintained during the entire period of proposed occupancy of the confined space by the person;

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

  • (f) the entry of any liquid, free-flowing solid or hazardous substance into the confined space has been prevented by a secure means of disconnection or the fitting of blank flanges;

  • (g) all electrical and mechanical equipment that presents a hazard to a person entering into, exiting from or occupying the confined space has been disconnected from its power source and locked out; and

  • (h) the opening for entry into and exit from the confined space is sufficient in size to allow safe passage of a person who is using protection equipment.

• (2) The qualified person referred to in subsection (1) shall, in a signed written report,

  • (a) set out

    • (i) the location of the confined space,

    • (ii) a record of the results of the tests made in accordance with subsection (1), and

    • (iii) an evaluation of the hazards of the confined space;

  • (b) if the employer has established procedures to be followed by a person entering into, exiting from or occupying the confined space, identify which of those procedures are to be followed;

  • (c) if the employer has not established the procedures referred to in paragraph (b), set out the procedures to be followed by a person referred to in that paragraph;

  • (d) identify the protection equipment referred to in Part XIII that is to be used by every person granted access to the confined space;

  • (e) identify which of the emergency procedures are to be followed if the employer has established 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

    • (i) an alarm is activated, or

    • (ii) there is any significant change in the limit or concentration referred to in subsection (1);

  • (f) if the employer has not established emergency procedures referred to in paragraph (e), set out emergency procedures to be followed, including immediate evacuation of the confined space in the circumstances referred to in that paragraph; and

  • (g) specify the protection equipment, emergency equipment and any additional equipment to be used by an employee who undertakes rescue operations in the event of an accident or other emergency.

• (3) The employer shall provide the protection equipment referred to in subsection (2) to each person granted access to the confined space.

• (4) The written report referred to in subsection (2) and any procedures identified in it shall be explained to an employee who is about to enter into the confined space, other than the qualified person referred to in subsection (1), and the employee shall acknowledge by signing a dated copy of the report that he or she has read it and that the report and the procedures were explained to him or her.

• (5) The employee referred to in subsection (4) shall be instructed and trained in the procedures and in the use of the protection equipment referred to in subsection (2).

• (6) Every employee who enters into, exits from or occupies the confined space shall follow the procedures and use the protection equipment referred to in subsection (2).

12.3 Where conditions in the confined space or the nature of the work to be performed in the confined space are such that subparagraph 12.2(1)(a)(i) and paragraphs 12.2(1)(c), (e) and (f) cannot be complied with, the following procedures shall apply:

• (a) a qualified person trained in the procedures referred to in subsection 12.2(2) shall be

  • (i) in attendance outside the confined space,

  • (ii) in communication with the person inside the confined space, and

  • (iii) provided with a suitable alarm device for summoning assistance;

• (b) every person granted access to the confined space shall be provided with and trained in the use of the protection equipment referred to in subsection 12.2(2);

• (c) every employee entering into, exiting from and occupying the confined space shall wear a safety harness that is securely attached to a life line that

  • (i) is attached to a secure anchor outside the confined space, and

  • (ii) is controlled by the qualified person referred to in paragraph (a);

• (d) two or more employees shall be in the immediate vicinity of the confined space to assist in the event of an accident or other emergency; and

• (e) one of the employees referred to in paragraph (d) shall

  • (i) be trained in the emergency procedures referred to in subsection 12.2(2),

  • (ii) be a first aid attendant who has successfully completed a CPR course, and

  • (iii) be provided with the protection equipment and emergency equipment referred to in subsection 12.2(2).

12.4 Before a confined space is sealed, the person in charge of the area surrounding the confined space shall ascertain that no person is inside the confined space.

Hot Work Operations

• 12.5 (1) Hot work shall not be performed in a confined space where an explosive or flammable hazardous substance may be present unless a qualified person has determined that the work can be safely performed therein.

• (2) Where hot work is to be performed in a confined space,

  • (a) a qualified person shall patrol the area surrounding the confined space and maintain therein a fire protection watch until all hazard of fire is passed; and

  • (b) fire extinguishers shall be provided in the area referred to in paragraph (a).

Ventilation Equipment

• 12.6 (1) If a hazardous substance is likely to be produced by hot work in a confined space,

  • (a) the confined space shall be ventilated in accordance with subsection (2); or

  • (b) every employee who enters into, exits from and occupies the confined space shall use respiratory protective equipment that meets the requirements of section 13.7.

• (2) If the requirements set out in subsection 12.2(1) have been maintained with the use of ventilation equipment, no person shall be granted access to the confined space 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 any person in the confined space, or

    • (ii) monitored by an employee who is in constant attendance at the equipment; and

  • (b) in the event of a failure of the ventilation equipment, sufficient time is available for the person to escape from the confined space before

    • (i) the person’s exposure to or the concentration of a hazardous substance in the confined space exceeds the limit prescribed in paragraph 12.2(1)(a),

    • (ii) the concentration of airborne hazardous substances, other than chemical agents, in the confined space is hazardous to the safety or health of the person, or

    • (iii) the concentration of oxygen in the atmosphere ceases to meet the requirements of paragraph 12.2(1)(c).

• (3) The employee referred to in subparagraph (2)(a)(ii) shall activate an alarm in the event of a failure of the ventilation equipment.

Reports and Procedures

12.7 The written report referred to in subsection 12.2(2) shall be kept by the employer for one year after the date on which the qualified person signs the report.

12.8 Where the employer establishes procedures or emergency procedures referred to in paragraph 12.2(2)(b) or (e), he shall keep a copy of them at his place of business nearest to the work place in which the confined space is located.

PART XIIISafety Materials, Equipment, Devices and Clothing

General

13.1 Where

• (a) it is not reasonably practicable to eliminate or control a safety or health 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.

13.2 All protection equipment

• (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.

13.3 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

13.4 Where there is a hazard of head injury in a work place, the employer shall provide 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.

Protective Footwear

• 13.5 (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

13.6 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

• 13.7 (1) Subject to subsection (4), if there is a risk of injury or disease due to exposure to an oxygen deficient atmosphere in a work place, the employer shall provide every person who is granted access to the work place with respiratory protective equipment by means of which air will be supplied and that meets the following requirements:

  • (a) it is listed in the United States National Institute for Occupational Safety and Health publication entitled Certified Equipment List, as amended from time to time; and

  • (b) it protects the respiratory tract against the oxygen deficiency.

• (2) Subject to subsection (4), if there is a risk of injury or disease due to exposure to an airborne hazardous substance in a work place, the employer shall provide every person who is granted access to the work place with respiratory protective equipment that meets the following requirements:

  • (a) if air is supplied by means of the respiratory protective equipment, it is listed in the United States National Institute for Occupational Safety and Health publication entitled Certified Equipment List, as amended from time to time;

  • (b) if air is not supplied by means of the respiratory protective equipment, it is listed

    • (i) in the United States National Institute for Occupational Safety and Health publication entitled Certified Equipment List, as amended from time to time, or

    • (ii) in the CSA Group publication entitled CSA Group Product Listing, as amended from time to time;

  • (c) for respiratory protective equipment referred to in subparagraph (b)(ii), it meets the requirements set out in CSA Standard Z94.4.1, Performance of filtering respirators, as amended from time to time; and

  • (d) it protects the respiratory tract against the hazardous substance.

• (3) Respiratory protective equipment referred to in subsection (1) or (2) shall be selected, fitted, cared for, used and maintained in accordance with CSA Standard Z94.4, Selection, use, and care of respirators, as amended from time to time.

• (3.1) The employer must ensure that air that is supplied by means of respiratory protective equipment referred to in paragraph (1)(a) or (2)(a), and the system that supplies the air, including its cylinders, meet the requirements set out in CSA Standard Z180.1, Compressed breathing air and systems, as amended from time to time.

• (4) Where there is a likelihood of exposure to hydrogen-sulphide gas or combustible gases at a drilling rig, drilling unit or production facility, the employer shall provide, at a readily accessible location

  • (a) on the drill floor, at least one self-contained positive pressure breathing device for each employee normally employed on the drill floor or an air manifold equipped with a face mask for each such employee;

  • (b) at least two portable hydrogen-sulphide gas detectors; and

  • (c) at least two portable combustible gas detectors.

• (5) Where employee sleeping quarters are located adjacent to a drilling rig or on a drilling unit or production facility, at least four self-contained positive pressure breathing devices shall be located in a readily accessible location.

• (6) [Repealed, SOR/2022-94, s. 10]