Canada Occupational Health and Safety Regulations

11.2 (1) If a person could be required to enter a confined space in order to perform work for an employer and an assessment under this subsection has not been carried out in respect of the confined space or in respect of the class of confined spaces to which it belongs, the employer shall appoint a qualified person

• (a) to carry out an assessment of the physical and chemical hazards to which the person is likely to be exposed in the confined space or the class of confined spaces; and

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

(2) The qualified person referred to in subsection (1) shall, in a signed and dated report to the employer, record the findings of the assessment carried out pursuant to paragraph (1)(a).

(3) The employer shall make a copy of any report made pursuant to subsection (2) available to the work place committee or the health and safety representative.

(4) Subject to subsection (5), the report made pursuant to subsection (2) shall be reviewed by a qualified person at least once every three years to ensure that its assessment of the hazards with which it is concerned is still accurate.

(5) If a confined space has not been entered in the three years preceding the time when the report referred to in subsection (4) should have been reviewed and no entry is scheduled, the report need not be reviewed until it becomes likely that a person will, in order to perform work for an employer, enter the confined space.