Acts and Regulations

91-191 - General

Section 263
Disposition versions

Full text
Testing, protective equipment and entry
Repealed: 2022-79
2022-79
263Repealed: 2022-79
2022-79
Testing, protective equipment and entry
263(1)Where an employee is about to enter into a confined space, an employer shall appoint a competent person to verify by tests that
(a) the concentration of airborne chemical agents or airborne dust in the confined space is not hazardous to the health or safety of the employee,
(b) the concentration of an airborne chemical agent or mixture of chemical agents or airborne dust in the confined space does not exceed 50% of its lower explosive limit,
(c) the level of physical agents in the confined space is not hazardous to the health or safety of the employee,
(d) the percentage of oxygen in the atmosphere in the confined space is not less than 19.5% by volume and not more than 23% by volume,
(e) the concentration, level or percentage referred to in paragraphs (a) to (d) is able to be maintained during the period of proposed occupancy of the confined space by the employee,
(f) any liquid in which the employee may drown or any free flowing solid in which the employee may become entrapped has been removed from the confined space,
(g) the entry of any liquid, free flowing solid or any hazardous substance into the confined space in a quantity that could endanger the health or safety of the employee has been prevented by a secure means of disconnection or the fitting of blank flanges,
(h) all electrical equipment and machines that present a hazard to an employee entering into, exiting from or occupying the confined space have been locked out, with the machines being put in a zero energy state and locked out in accordance with sections 239 and 240, and
(i) the opening for entry into and exit from the confined space is sufficient to allow safe passage of an employee who is using protective equipment or emergency equipment.
263(2)The competent person referred to in subsection (1) shall, when performing the tests required under paragraphs (1)(a) to (d), use appropriate and properly calibrated instruments that have been functionally tested.
263(3)The competent person referred to in subsection (1) shall in a written report
(a) set out
(i) the results of the tests made under subsection (1), and
(ii) an evaluation of the hazards of the confined space,
(b) set out the procedures to be followed by an employee entering into, exiting from or occupying the confined space,
(c) identify the protective equipment that is to be used by every employee entering the confined space,
(d) set out the 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 an alarm is activated or there is any significant change in the concentration, level or percentage referred to in subsection (1), and
(e) identify the protective equipment and emergency equipment to be used by an employee who undertakes rescue operations in the event of an accident or other emergency.
263(4)An employer shall provide to each employee entering the confined space the protective equipment referred to in paragraph (3)(c) and to each employee who may undertake rescue operations the protective equipment and emergency equipment referred to in paragraph (3)(e).
263(5)An employer shall ensure that the written report referred to in subsection (3) and any procedures set out in the report are explained to an employee who is about to enter into the confined space or who may undertake a rescue operation in the confined space and the employee shall read the report and acknowledge that the report and the procedures were explained to the employee by signing a dated copy of the report.
263(6)An employer shall ensure that an employee who is about to enter into the confined space is instructed and trained in the procedures referred to in subsection (3) and in the use of the protective equipment referred to in paragraph (3)(c) and that an employee who may undertake rescue operations is instructed and trained in the procedures referred to in subsection (3) and in the use of the protective equipment and emergency equipment referred to in paragraph (3)(e).
263(7)Every employee who enters into, exits from or occupies the confined space shall follow the procedures referred to in subsection (3) and use the protective equipment and emergency equipment referred to in subsection (3) as required.
Testing, protective equipment and entry
263(1)Where an employee is about to enter into a confined space, an employer shall appoint a competent person to verify by tests that
(a) the concentration of airborne chemical agents or airborne dust in the confined space is not hazardous to the health or safety of the employee,
(b) the concentration of an airborne chemical agent or mixture of chemical agents or airborne dust in the confined space does not exceed 50% of its lower explosive limit,
(c) the level of physical agents in the confined space is not hazardous to the health or safety of the employee,
(d) the percentage of oxygen in the atmosphere in the confined space is not less than 19.5% by volume and not more than 23% by volume,
(e) the concentration, level or percentage referred to in paragraphs (a) to (d) is able to be maintained during the period of proposed occupancy of the confined space by the employee,
(f) any liquid in which the employee may drown or any free flowing solid in which the employee may become entrapped has been removed from the confined space,
(g) the entry of any liquid, free flowing solid or any hazardous substance into the confined space in a quantity that could endanger the health or safety of the employee has been prevented by a secure means of disconnection or the fitting of blank flanges,
(h) all electrical equipment and machines that present a hazard to an employee entering into, exiting from or occupying the confined space have been locked out, with the machines being put in a zero energy state and locked out in accordance with sections 239 and 240, and
(i) the opening for entry into and exit from the confined space is sufficient to allow safe passage of an employee who is using protective equipment or emergency equipment.
263(2)The competent person referred to in subsection (1) shall, when performing the tests required under paragraphs (1)(a) to (d), use appropriate and properly calibrated instruments that have been functionally tested.
263(3)The competent person referred to in subsection (1) shall in a written report
(a) set out
(i) the results of the tests made under subsection (1), and
(ii) an evaluation of the hazards of the confined space,
(b) set out the procedures to be followed by an employee entering into, exiting from or occupying the confined space,
(c) identify the protective equipment that is to be used by every employee entering the confined space,
(d) set out the 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 an alarm is activated or there is any significant change in the concentration, level or percentage referred to in subsection (1), and
(e) identify the protective equipment and emergency equipment to be used by an employee who undertakes rescue operations in the event of an accident or other emergency.
263(4)An employer shall provide to each employee entering the confined space the protective equipment referred to in paragraph (3)(c) and to each employee who may undertake rescue operations the protective equipment and emergency equipment referred to in paragraph (3)(e).
263(5)An employer shall ensure that the written report referred to in subsection (3) and any procedures set out in the report are explained to an employee who is about to enter into the confined space or who may undertake a rescue operation in the confined space and the employee shall read the report and acknowledge that the report and the procedures were explained to the employee by signing a dated copy of the report.
263(6)An employer shall ensure that an employee who is about to enter into the confined space is instructed and trained in the procedures referred to in subsection (3) and in the use of the protective equipment referred to in paragraph (3)(c) and that an employee who may undertake rescue operations is instructed and trained in the procedures referred to in subsection (3) and in the use of the protective equipment and emergency equipment referred to in paragraph (3)(e).
263(7)Every employee who enters into, exits from or occupies the confined space shall follow the procedures referred to in subsection (3) and use the protective equipment and emergency equipment referred to in subsection (3) as required.