Confined Spaces

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Did you know a person who performs rescue operations in confined spaces must be trained at least once every year?

Confined spaces pose health and safety hazards as they are usually not designed to be areas where people work. Hazards in confined spaces are mainly associated with the atmosphere, restricted entry or exit, and the work tasks performed inside the confined space. Many people are injured and killed each year while working in confined spaces due to oxygen deficiency and toxic gases. Employers must identify confined spaces in the workplace, and take necessary control measures to reduce the risks.

What is a confined space?

The four criteria below need to be present for a space to consider as a confined space:

  1. an enclosed or partially enclosed space;
  2. not designed or intended for continuous human occupancy;
  3. with restricted access or exit; and
  4. a space that is, or may become hazardous to a person entering it due to its design, construction, location, atmosphere or the materials or substances in it, or other conditions.

Confined spaces are commonly found in tanks, vats, pits, storage bins, underground sewers, double hulls, sumps, vaults, containers, pressure vessels, silos, chimneys, wet or dry wells, shafts, trenches, pipelines, water reservoirs, or other similar enclosed or partially enclosed structures.

The potential health and safety hazards in the confined space can be divided into two groups: physical hazards and atmospheric hazards.

Physical hazards:

  • Small workspace
  • Materials that can engulf or drown the worker (liquid and free-flowing solids)
  • Rotating or moving equipment
  • Noise and vibration
  • Electrical conduits and energized equipment
  • Extreme temperatures

Atmospheric hazards:

  • Oxygen deficient or enriched atmosphere
  • Accumulation of combustible dust or explosive or flammable vapours that in the presence of an ignition source may explode or catch fire
  • Toxic gases or vapours
  • Biological hazards (for example: mould, mouse droppings)

Before entering a confined space, the employer must:

  • Make sure that a person entering the confined space has the information necessary to identify it.
  • Establish a written confined space entry procedure that includes:
    • an assessment and a written certificate of confined space conditions done by a competent person;
    • training required by a person entering a confined space and a person undertaking the rescue operations;
    • the process for notifying the entrant of the confined space of the specific type of work that may be performed in the confined space;
    • the method to be followed by a person entering into, exiting from or occupying the confined space;
    • the protective equipment to be used by every person entering the confined space and emergency equipment to be used by the rescue person;
    • the written emergency procedures to be followed during an accident or other emergencies in or near the confined space, including:
      1. a written rescue procedure,
      2. a determination of whether more than one person is required outside a confined space during the occupancy of any person, and
      3. immediate evacuation when an alarm is activated or there is any significant, unexpected and potentially hazardous change in the concentration, level or percentage of the substance in the confined space.
    • a written procedure for regular and continuous testing of the hazardous substance or physical agent in the confined space to ensure those are within safe limits.
    • a means of ventilating the confined space for the removal or dilution of all airborne hazardous substances from the confined space.
  • Designate a competent person to perform the assessment and to verify by tests that:
    • the concentration of a chemical substance or a mixture of chemical substances does not exceed its occupational exposure limit under Part 2: Occupational Health, of the Workplace Health and Safety Regulations or 50% of its lower explosive limit;
    • the level of the physical agent in the confined space is not hazardous;
    • the oxygen level in the atmosphere in the confined space is between 19.5% and 22.5%;
    • safe levels for the work environment can be maintained during the work inside the space;
    • any substance that has the potential of engulfment and entrapment has been removed and the entry of any liquid or free-flowing solids has been isolated by secure means;
    • all electrical equipment, machines, tools and installations have been locked out;
    • the opening for entry and exit from the confined space is sufficient to allow an employee using personal protective equipment or emergency equipment to have safe passage.*
  • Make sure the competent person uses the appropriate and properly calibrated instruments to perform the tests inside the space and maintains a written record of the functional and calibration tests.
  • Make sure the competent person testing the confined space conditions provides a certificate or entry permit in writing the findings of the tests conducted, assurance for maintaining the conditions during the occupancy, the type of work that is recommended and banned in the confined space.
  • Make sure that the certification is only valid for 24 hours after the time the required tests were performed.
  • Post a copy of the currently valid certification at the entrance to the confined space for the duration of the confined space occupancy and retain a copy for 12 months.
  • Provide each person entering the space and persons undertaking the rescue operations the protective equipment and emergency equipment.
  • Make sure the persons entering the confined space are trained at least once every two years and the person undertaking the rescue operations is trained at least once every year.
  • Review the confined space entry procedure at least once a year and update it as necessary.
  • Keep the assessment and the confined space entry procedure at the place of business near the confined space.
  • Make a copy of the confined space entry procedure available to all persons involved in the entry of a confined space.
  • Where the concentrations and percentage of oxygen and chemical substances noted above cannot be complied with, purge the confined space and have the competent person re-conduct the required tests.
  • Ventilate the confined space to remove air contaminants, and adjust oxygen levels by mechanical ventilation.
  • Make sure that the ventilation systems are designed, installed, operated, maintained and repaired by a competent person.
  • Permit employees to enter or remain inside a space only where the concentration of a chemical substance or mixture of chemical substances does not exceed 50% of the lower explosive limit.
  • Allow employees only do the cleaning or inspecting the space, and use explosion-proof lighting, where the concentration of the environment is between 10% and 50% of its lower explosive limit.
  • Make sure the confined space does not contain flammable and combustible material or dangerously reactive material, where the level of oxygen inside the space is more than 22.5% and a person is to work inside the space.
  • Have a competent person perform appropriate tests to verify that the atmosphere is confirmed inert and ensure a person is using appropriate protective equipment when the person has to work when the environment inside the space is hazardous.
  • Make sure that all protective equipment and emergency equipment identified above, and adequate rescue equipment, is provided at the entrance to the confined space.
  • Provide a person occupying and entering the confined space with a full-body harness that complies with the latest version of CSA standard CSA 259.10, “Full Body Harness” and make sure the life-line is secured to an anchor point and controlled by a competent person. .
  • Provide a person with appropriate respiratory equipment where the environment inside the space is hazardous and with positive pressure respiratory protective equipment when the concentration of oxygen is less than 19.5%.
  • Ensure that the compressed breathing air used in a respirator complies with or exceeds the latest version of CSA standard CAN3Z180.1, “Compressed Breathing Air and Systems”.
  • Make sure the selection, use, maintenance, testing of a respirator and training of users of a respirator complies with the latest version of CSA standard CSA Z94.4, “Selection, Use, and Care of Respirators”.
  • Where there is an electric shock hazard, that the electrical equipment taken into is battery operated, double insulated or bonded to ground or equipped with a tested GFCI as required in the latest version of CSA standard CSA C22.1, “Canadian Electrical Code Part 1, Safety Standard for Electrical Installations”.

While the work in the confined space is happening the employer must:

  • Make sure that a competent person:
    • Is stationed near the confined space;
    • Has a means of adequate communication with a person inside the confined space;
    • Is provided with a means of activating the rescue procedure in an emergency;
    • Is adequately trained in the emergency response procedure; and
    • Maintains a record of who is in the confined space.
  • Make sure that adequate warning signs and barricades are installed or erected, when there is a hazard from any form of traffic.

An employee must:

  • Enter or work inside a confined space only after someone competent appointed by the employer verifies that the environment is not hazardous and the appropriate controls are taken.
  • Follow the written procedures and use the protective equipment and emergency equipment as required, if they enter into, exits from or occupy a confined space.
  • Not enter a confined space without applicable training as detailed in the confined space safe work procedure. 
  • Not enter a confined space if a new hazard is present that was not identified by the initial hazard assessment.
  • Remain alert at all times while working in the confined space.
  • Be aware of all potential hazards and any symptoms or warning signs of exposure.
  • Use communication methods established by the employer to immediately inform the attendant of any changes while working inside the space.
  • Immediately exit the confined space if conditions warrant it, an alarm sounds or if directed to do so.
  • Where required, wear a full-body harness attached to a lifeline.
  • Where required, use appropriate respiratory protective equipment.
  • Not obstruct by storing materials near or adjacent to a confined space access/egress.

An attendant must:

  • Remain alert at all times outside and near the entrance.
  • Monitor the safety of the entrant in the confined space.
  • Control and monitor the lifeline of the entrant.
  • Provide assistance to the entrant.
  • Maintain continuous 2-way communication with the entrant.
  • Initiate an emergency response when necessary. Perform non-entry emergency rescue if safe to do so.
When assessing whether a space is, or may become hazardous to a person entering it because of its atmosphere, a person must not take into account the protection afforded to a person through the use of personal protective equipment or ventilation.
Competent person” means a person who is
(i) qualified because of their knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and
(ii) knowledgeable about the provisions of the Act and regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work.
Training includes:
- Proper use of personal protective equipment;
- Written rescue procedures;
- Maintaining contact between an entrant and entrant (a competent person in the immediate vicinity);
- Means by which the written rescue procedure is initiated in the event of an emergency in the confined space;
- Limitations on the type of work that may be performed in the confined space; and,
- The means of identifying a hazard while in a confined space.
Entrant means a person entering a confined space
“Hazardous Substance” means chemical or biological material, dangerous goods within the meaning of the Dangerous Goods Transportation Act or a controlled product within the meaning of the Hazardous Products Act  (Canada) that is likely to, because of its harmful nature, cause injury or damage to the health or safety of a person exposed to it.
"Physical Agent", in relation to threshold limit values for occupational exposure, means an agent of acoustic, electromagnetic, ergonomic, mechanical or thermal nature;
"threshold limit values" means the threshold limit values established by the TLVs and BEIs that represent
(i) for chemical substances, the airborne concentrations of chemical substances and conditions under which it is believed that nearly all healthy workers may be repeatedly exposed, day after day, over a working lifetime, without adverse health effects,
(ii) for physical agents, the levels of exposure and conditions under which it is believed that nearly all healthy workers may be repeatedly exposed, day after day, without adverse health effects,
"TLVs and BEIs" means the latest version of the publication of the American Conference of Governmental Industrial Hygienists of threshold limit values and biological exposure indices.
Secure Means
Includes disconnection, the fitting of blank flanges or the implementation of a double block and bleed written procedures established by the employer or similar positive actions.
Locked out” means to have
(i) isolated the energy source or sources from a machine, equipment, tool or electrical installation,
(ii) dissipated any residual energy in a system, and
(iii) secured the isolation of the energy source or sources by an inhibiting device that is operated by a key or other process,
and to have performed a “lock-out” has a similar meaning.
This requirement does not apply where there is no possibility of a hazard identified during the assessment related to chemical substance, physical agent and oxygen level.
Certificate must include:
a) the signature of the competent person;
b) the date and time of when the tests were performed;
c) the type of work that
i) can be performed in the confined space, and
ii) explicitly banned in the confined space;
d) the means by which the work is to be performed;
e) the expiry date and time of the certification; and
f) a record of the tests performed and of the test results.
Some recommended PPE and devices include hearing protection, eye protection, foot protection, fall arrest equipment, respirator equipment, skin protection, and gas detector. Source: https://constructionsafetyns.ca/ Confined Spaces - Safe Work Practice
Viewing CSA Standards as Referenced in NS Legislation
Certain CSA standards are available for online viewing or purchase from the CSA Group. To access these, you must first create an account with "CSA Communities". Go to: https://community.csagroup.org/
Once you are logged in, click on the "OHS Standards / View Access" option. Click on Nova Scotia to see the CSA Standards as referenced in N.S. legislation.
Positive pressure respiratory protective equipment
a)Has an air line and an independent 5-minute supply of air; or
b)Is self-contained and equipped with an audible alarm that sounds when the air supply has diminished to
i)20% of the capacity of the unit, or
ii)A 5-minute reserve.
.
Not exceeding 30v and 100 volt-amps
Ground Fault Circuit Interrupter

Workplace Health and Safety Regulations
N.S. Reg. 52/2013

Part 1 INTERPRETATION AND APPLICATION

Section 1.2 Definitions for these regulations

1.2 In these regulations,

"Act" means the Occupational Health and Safety Act ;

"adequate" means sufficient to protect a person from injury or damage to health;

"ANSI" means the American National Standards Institute;

"anchorage" means a secure connecting point capable of safely withstanding the impact forces, as prescribed in these regulations or an applicable standard, applied by a fall-protection system;

"approved" means approved by the Department or by an agency or authority designated or selected by the Department to make approvals;

"competent person" means a person who is

(i) qualified because of their knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and

(ii) knowledgeable about the provisions of the Act and regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work,

"CSA" means the Canadian Standards Association;

"certified" means meeting the requirements of a standard as attested to by a certification organization accredited by the Standards Council of Canada or an engineer;

"Department" means the Department of Labour and Advanced Education;

"designated" means, in relation to an employer, appointed in writing by the employer;

"emergency services agency" means an agency operating within the Province for the purpose of responding to emergencies, including

(i) a municipal police force required to be maintained under the Police Act, including the Royal Canadian Mounted Police,

(ii) fire departments,

(iii) ambulance services;

"engineer" means a person who is registered as a member or licensed to practise under the Engineering Profession Act and is competent to do the work being performed;

"latest version" means, in relation to a standard or other publication, the latest edition of the standard or publication as supplemented, amended, added to, replaced or superseded;

"manufacturer's specifications" means

(i) the written instructions of a manufacturer of a machine, material, tool or equipment that outline the manner in which the machine, material, tool or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, carried, maintained, repaired, inspected, serviced, tested, cleaned or dismantled, and

(ii) a manufacturer's instruction, operating or maintenance manual and drawings respecting a machine, tool or equipment;

"temporary highway workplace" means a temporary workplace on a highway, as defined in Part 24;

"work area" means a location at a workplace where an employee or self-employed person is working or may be required to work.

Part 2 OCCUPATIONAL HEALTH

Section 2.1 Definitions for Part 2

2.1 In this Part,

"physical agent", in relation to threshold limit values for occupational exposure, means an agent of acoustic, electromagnetic, ergonomic, mechanical or thermal nature;

"threshold limit values" means the threshold limit values established by the TLVs and BEIs that represent

(i) for chemical substances, the airborne concentrations of chemical substances and conditions under which it is believed that nearly all healthy workers may be repeatedly exposed, day after day, over a working lifetime, without adverse health effects,

(ii) for physical agents, the levels of exposure and conditions under which it is believed that nearly all healthy workers may be repeatedly exposed, day after day, without adverse health effects,

"TLVs and BEIs" means the latest version of the publication of the American Conference of Governmental Industrial Hygienists of threshold limit values and biological exposure indices.

Occupational Safety General Regulations
N.S. Reg. 44/99

Part 1 Title and Definitions

Section 2 Definitions

2. In these regulations,

(a) "Act" means the Occupational Health and Safety Act ;

(aa) "adequate" means sufficient to protect a person from injury or damage to health;

(b) "ALI" means the Automotive Lift Institute;

(ba) "angle of repose" means the angle with the horizontal at which material will no longer flow freely;

(c) "ANSI" means the American National Standards Institute;

(ca) "approved" means approved by the Department or by an agency or authority designated or selected by the Department to make approvals;

(d) "ASME" means the American Society of Mechanical Engineers;

(e) "ASTM" means the American Society for Testing and Materials;

(ea) "CGA" means the Compressed Gas Association;

(f) "CGSB" means the Canadian General Standards Board;

(g) "competent person" means a person who is

(i) qualified because of their knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and

(ii) knowledgeable about the provisions of the Act and regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work;

(ga) "compressed air" means air mechanically raised to a pressure higher than atmospheric pressure;

(h) "CSA" means the Canadian Standards Association;

(i) "demolition" means the destruction or removal of all, or part, of an existing building or structure;

(ia) "Department" means the Department of Labour and Advanced Education;

(j) "designated" means, in relation to an employer, appointed in writing by the employer;

(k) "electrical installation" means the wires, machinery, apparatus, appliances, devices, material and equipment used or intended for use for the generation, transmission, distribution, supply and use of electrical power or energy, and includes a power line and power line equipment;

(l) "engineer" means a person who is registered as a member or licensed to practise under the Engineering Profession Act and is competent to do the work being performed;

(m) "firefighter" means

(i) an employee who provides fire suppression services to the public from a fire department within a municipality or local service district, or

(ii) an industrial firefighter;

(n) "guardrail" means a fall protection system consisting of vertical and horizontal members that

(i) are capable of withstanding concentrated forces, as prescribed in these regulations or an applicable standard,

(ii) warn of a fall hazard, and

(iii) reduce the risk of a fall;

(o) "hazardous substance" means chemical or biological material, dangerous goods within the meaning of the Dangerous Goods Transportation Act or a controlled product within the meaning of the Hazardous Products Act (Canada) that is likely to, because of its harmful nature, cause injury or damage to the health or safety of a person exposed to it;

(p) "hoist" means a device or equipment and its structure used for lifting or lowering material, including cranes, an automotive lift, a winch, a chain fall or other similar device, but does not include a lift truck, a power operated elevating work platform, a device to which the Elevators and Lifts Act applies or a hoist that operates in a shaft in the underground at a mine;

(pa) "ITSDF" means the Industrial Truck Standards Development Foundation;

(q) "industrial firefighter" means an employee who

(i) is designated to fight fires at the employee's place of employment, and

(ii) is employed by an employer who does not, in the normal course of its business, provide fire suppression services to the public;

(qa) "latest version" means, in relation to a standard or other publication, the latest edition of the standard or publication as supplemented, amended, added to, replaced or superseded;

(r) "lift truck" means a lift truck as defined in the latest version of ANSI standard ANSI/ITSDF B56.1, "Safety Standard for Low Lift and High Lift Trucks";

(s) "locked out" means to have

(i) isolated the energy source or sources from a machine, equipment, tool or electrical installation,

(ii) dissipated any residual energy in a system, and

(iii) secured the isolation of the energy source or sources by an inhibiting device that is operated by a key or other process,

and to have performed a "lock-out" has a similar meaning;

(t) "machine" Repealed. [N.S. Reg. 52/2000, s. 1]

(u) "manufacturer's specifications" means

(i) the written instructions of a manufacturer of a machine, material, tool or equipment that outline the manner in which the machine, material, tool or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, carried, maintained, repaired, inspected, serviced, tested, cleaned or dismantled, and

(ii) a manufacturer's instruction, operating or maintenance manual and drawings respecting a machine, tool or equipment;

(ua) "mobile crane" means a mobile crane to which the latest version of CSA standard CSA Z150 , "Safety Code on Mobile Cranes" applies;

(v) "NFPA" means the National Fire Protection Association;

(va) "overhead crane" means any mechanical device or structure that is used to raise, lower and move material that travels overhead and that incorporates a

(i) power driven drum, bridge and cable or rope,

(ii) single or multiple girder, and

(iii) moveable bridge carrying a moveable or fixed hoisting mechanism,

but does not include wall cranes, cantilever gantry cranes and semi-gantry cranes;

(vb) "personal flotation device" means personal protective equipment that is capable of supporting a person with their head above water without the direct effort of the person wearing the equipment;

(w) "power line" means the above-ground or underground wiring that is used to distribute electricity;

(x) "power line equipment" means the components that are required to distribute electricity by means of a power line;

(y) "power operated elevating work platform" means a mobile horizontal working surface that provides access and support to a person at a workplace, and that is elevated and lowered by means of a mechanism and [that complies with] Part 23: Scaffolds and Other Elevated Work Platforms, of the Workplace Health and Safety Regulations made under the Act, including a standard listed in subsection (4) thereof;

(z) "powered mobile equipment" means self-propelled equipment that is designed to operate on land in conditions other than a public highway, but does not include equipment primarily designed to transport persons, a lift truck or a power operated elevating work platform;

(aa) "SAE" means the Society of Automotive Engineers;

(ab) "structural fire-fighting" means the activities of rescue, fire suppression and conservation of property from fires involving buildings, structures, vehicles, vessels, aircraft or other large objects constructed by human effort;

(ac) "surface mine" means a work or undertaking, other than a trench, for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel by means of an open excavation, and includes a pit or quarry;

(ad) "tower crane" means any mechanical device or structure that

(i) incorporates a power-driven drum and cable or rope and a vertical mast or tower and a jib,

(ii) is of the traveling, fixed or climbing type, and

(iii) is used exclusively for raising, lowering and moving material;

(ae)"trench" means an excavation in which the excavation depth exceeds the excavation width;

(af) "work area" means a location at the workplace at which an employee or self-employed person is or is likely to be working;

(ag) "worked" means drilled, blasted, extracted, excavated, loaded or subjected to other similar work.

[N.S. Reg. 52/2000, s. 1; 151/2003; 53/2013, ss. 1, 93]

Part 3 Personal Protective Equipment

Section 13 Respiratory hazard

13. (1) Where a person is exposed to a respiratory hazard that may cause injury or disease, an employer shall provide and ensure the use of an adequate respirator that is appropriate to the hazard.

(2) An employer shall ensure that the compressed breathing air used in a respirator complies with or exceeds the latest version of CSA standard Z180.1 , "Compressed Breathing Air and Systems".

(3) An employer shall ensure compliance with the latest version of CSA standard CSA Z94.4 , "Selection, Use, and Care of Respirators", in respect of

(a) the selection, use, maintenance and testing of a respirator; and

(b) the training of users of a respirator.

(4) Repealed. [N.S. Reg. 53/2013, s. 11]

[N.S. Reg. 52/2000, s. 7; 53/2013, s. 11]

Part 4 Ventilation, Lighting, Sanitation and Accommodation

Section 15 Ventilation

15. An employer shall

(a) provide for a supply of fresh air into, and the removal of air from, a workplace or part thereof that is, so far as is reasonably practicable, sufficient to

(i) keep the air reasonably pure, and

(ii) render harmless all gases, vapours, dust or other impurities that are likely to endanger the health or safety of any person therein;

(b) where a process is carried on that produces a gas, vapour, dust or other impurity that is likely to be inhaled to an injurious extent by a person in the workplace, provide and use such mechanical means as are capable of

(i) preventing such inhalation so far as is reasonably practicable,

(ii) effectively carrying off and disposing of the impurity, and

(iii) preventing the recirculation and re-entry into the workplace of air containing the impurity; and

(c) ensure that all ventilation systems used for controlling the dissemination of gases, vapours, dust or other impurities, including their collection systems and emptying processes, are designed, installed, operated, maintained and repaired in an adequate manner by a competent person.

[N.S. Reg. 52/2000, s. 8]

Section 24 Waste material and debris

24. An employer must ensure that, on a regular basis, waste material and debris are

(a) collected or positioned so as to prevent a hazard; and

(b) removed from a workplace to a suitable disposal area.

[N.S. Reg. 53/2013, s. 17]

Part 12 Confined Space Entry

Section 129 Application and interpretation

129. (1) In this Part, "confined space" means an enclosed or partially enclosed space

(a) not designed or intended for regular human occupancy;

(b) with restricted access or exit; and

(c) that is or may become hazardous to a person entering it because of its design, construction, location, atmosphere or the materials or substances in it or other conditions.

(1A) When assessing whether a space is or may become hazardous to a person entering it because of its atmosphere under clause (1)(c), a person must not take into account the protection afforded to a person through the use of personal protective equipment or ventilation.

(2) Sections 130 to 137 do not apply to

(a) a development heading in an underground mine; and

(b) a firefighter engaged in structural fire-fighting or rescue, if the firefighter has received adequate training for confined space entry and rescue.

[N.S. Reg. 52/2000, s. 66; 53/2013, s. 53]

Section 130 Assessment and written procedures

130. (1) An employer shall ensure that no person enters a confined space until the employer has fulfilled the requirements of this Section and a competent person has provided a written certificate, in accordance with Section 131.

(2) Where a workplace includes a confined space, the employer shall ensure that a person who may be required to enter the confined space has the information necessary to identify it as such.

(3) Where at least one confined space has been identified, an employer shall establish a written confined space entry procedure that includes provision

(a) that prior to the entry of a person into the confined space, an assessment of the confined space is

(i) done in accordance with subsection (8), and

(ii) recorded by the person conducting the assessment in accordance with Section 131;

(b) for the training required by a person who may enter a confined space in the course of the person's work, and for the training required by a person who may undertake rescue operations with regard to a confined space, including training on

(i) proper use of personal protective equipment,

(ii) written rescue procedures,

(iii) maintaining contact between a person in the confined space and an attendant required under clause 134(2)(a) and the means by which the written rescue procedure is initiated in the event of an emergency in the confined space,

(iv) the limitations on the type of work that can be performed in the confined space, and

(v) the means of identifying a hazard while in a confined space;

(c) for the process for notifying a person entering a confined space of the specific type of work that may be performed in the confined space;

(d) for the method to be followed by a person entering into, exiting from or occupying the confined space;

(e) for the protective equipment that is to be used by every person entering the confined space;

(f) for the written emergency procedures to be followed in the event of an accident or other emergency in or near the confined space, including

(i) immediate evacuation of the confined space when an alarm is activated or there is any significant, unexpected and potentially hazardous change in the concentration, level or percentage referred to in subsection (8),

(ii) a determination of whether more than one person is required to be present outside a confined space during the occupancy of any person, and

(iii) a written rescue procedure;

(g) for the protective equipment and emergency equipment to be used by a person who undertakes rescue operations in the event of an accident or other emergency;

(h) for a written procedure for testing the confined space in an adequate manner, at regular intervals and on a continuous basis, if necessary, to ensure the concentration or level of a hazardous substance or physical agent complies with the limits in subsection (8); and

(i) for a means of ventilating the confined space to ensure the removal or dilution of all airborne hazardous substances from the confined space.

(4) An employer shall provide to each person entering the confined space and a person who may undertake rescue operations the protective equipment and emergency equipment referred to in this Section.

(5) An employer shall ensure that

(a) a person who enters a confined space is trained at least once every 2 years in accordance with the procedures set out in clause (3)(b); and

(b) a person who undertakes rescue operations is trained at least once every year in accordance with the procedures set out in clause (3)(b).

(6) Every person who enters into, exits from or occupies the confined space shall follow the written procedures and use the protective equipment and emergency equipment as required.

(7) An employer shall review the confined space entry procedure at least once a year and amend it, if necessary.

(8) An employer shall designate a competent person who shall perform the assessment required in clause (3)(a), which shall include

(a) where the level of a chemical substance or a mixture of chemical substances may constitute a hazard, tests to ensure that the concentration of a chemical substance or a mixture of chemical substances in the confined space does not exceed its occupational exposure limit under Part 2: Occupational Health, of the Workplace Health and Safety Regulations made under the Act or 50% of its lower explosive limit;

(b) where the level of a physical agent may constitute a hazard, tests to ensure that the level of the physical agent in the confined space is not hazardous;

(c) tests to ensure that the level of oxygen in the atmosphere in the confined space is not less than 19.5 % and not more than 22.5 %, unless the employer can demonstrate that an unsafe oxygen level is not a possibility in the circumstance;

(d) a determination of whether the concentrations, levels or percentages referred to in clauses (a), (b) and (c) can be maintained during the period of proposed occupancy of the confined space;

(e) a confirmation that any liquid in which the person may drown or any free flowing solid in which a person may become entrapped has been removed from the confined space or that work practices have been established that specifically address the presence of the liquid or solid;

(f) a confirmation that entry of any liquid, free flowing solid or hazardous substance into the confined space that could endanger the health or safety of a person has been prevented by a secure means of disconnection, the fitting of blank flanges or the implementation of a double block and bleed written procedure established by the employer or similar positive actions;

(g) confirmation that a machine, equipment, tool or electrical installation that presents a hazard to a person entering into, exiting from or occupying the confined space has been locked out; and

(h) confirmation that the opening for entry into and exit from the confined space is sufficient to allow safe passage of a person who is using personal protective equipment or emergency equipment.

(9) Where there is no possibility that a hazard identified in clauses (8)(a), (b) and (c) may occur, the requirements of clause (3)(h) do not apply.

(10) The competent person referred to in subsection (8) shall, when performing the tests required under clauses (8)(a), (b) and (c), use appropriate and properly calibrated instruments that have been functionally tested and maintain a written record of the functional and calibration tests.

(11) An employer shall keep the assessment and the confined space entry procedure required under subsection (3) at the place of business of the employer nearest to the workplace at which the confined space is located.

(12) An employer shall make available a copy of the confined space entry procedure to all persons involved in the entry of a confined space.

[N.S. Reg. 52/2000, s. 67; 53/2013, s. 54]

Section 131 Certification of confined space conditions

131. (1) Subsequent to performing the tests required in clauses 130(8)(a), (b) and (c), a competent person shall certify, in writing, that the conditions tested in the confined space are likely to be maintained within a predicted and recorded range for the entire time the certification is valid, and the certification shall include

(a) the signature of the competent person;

(b) the date and time of when the tests were performed;

(c) the type of work that

(i) can be performed in the confined space, and

(ii) is explicitly banned in the confined space;

(d) the means by which the work is to be performed;

(e) the expiry date and time of the certification; and

(f) a record of the tests performed and of the test results.

(2) No certification issued under subsection. (1) shall be valid for longer than 24 hours after the time the tests required by clauses 130(8)(a), (b) and (c) were performed.

(3) An employer shall post a copy of the currently valid certification required in subsection. (1) at the entrance to the confined space for the duration of the confined space occupancy.

(4) An employer shall maintain a copy of the certification required in subsection. (1) for 12 months.

[N.S. Reg. 53/2013, ss. 55, 93]

Section 132 Purging and further testing

132. Where the tests required in clauses 130(8) (a), (b) and (c) indicate that the concentration level or percentage referred to in those clauses cannot be complied with, an employer shall

(a) ensure that, where reasonably practicable, the confined space is purged until concentrations are below the hazards referred to in clauses 130(8)(a) to (d); and

(b) after the purging, ensure that the tests required under subsection 130(8) are conducted again.

[N.S. Reg. 53/2013, s. 56]

Section 133 Response to hazardous condition

133. (1) An employer shall ensure that no person enters or remains in a confined space where the tests conducted under clause 130(8)(a) indicate that a concentration of a chemical substance or mixture of chemical substances in the confined space equals or exceeds 50% of the lower explosive limit of the chemical substance or mixture of chemical substances.

(2) Where the concentration of a chemical substance or mixture of chemical substances may cause a flammable or explosive hazard, and where the tests conducted under clause 130(8)(a) indicate that the concentration of the substance or substances in a confined space is between 10% and 50% of the lower explosive limit, an employer shall

(a) provide explosion-proof lighting and ensure that it is used where necessary; and

(b) ensure that the only work performed in the confined space is cleaning or inspecting and is of such a nature that it does not create any source of ignition.

(3) Where the level of oxygen in a confined space is more than 22.5% and a person is to work in the confined space, an employer shall ensure that the confined space does not contain any substance which would be classified as flammable and combustible material or as dangerously reactive material under the Controlled Products Regulations made under the Hazardous Products Act (Canada).

(4) Despite subsection. (1), where the tests conducted under clause 130(8)(a) indicate that the concentration of a chemical substance or mixture of chemical substances in the confined space exceeds, or is likely to exceed, 50% of the lower explosive limit, measured at atmospheric conditions containing 20.9% oxygen, of the chemical substance or mixture of chemical substances and cannot be lowered below that prescribed threshold level, a person may enter the confined space if the employer ensures that

(a) the atmosphere is confirmed inert by a competent person after the performance of appropriate tests; and

(b) the person is using appropriate protective equipment when working in the confined space.

[N.S. Reg. 52/2000, s. 68]

Section 134 Protective equipment and security measures

134. (1) An employer must ensure that all of the following is provided as close as reasonably practicable to the entrance to the confined space before a person enters the confined space:

(a) all protective equipment and emergency equipment identified under subsection 130(3); and

(b) adequate rescue equipment including a yoke and adequate means to lift an unconscious person.

(2) Where a person enters a confined space, an employer shall ensure that a competent person

(a) is in attendance in the immediate vicinity of the confined space;

(b) has a means of adequate communication with a person inside the confined space;

(c) is provided with a means of activating the rescue procedure in an emergency;

(d) is adequately trained in the emergency response procedure; and

(e) maintains a record of who is in the confined space.

(3) An employer shall

(a) where reasonably practicable, provide a person entering into and occupying a confined space with a full body harness;

(b) ensure that a full body harness provided under clause (a) is worn; and

(c) where it does not present a hazard, ensure that an attached life line is

(i) securely fastened to an anchor point, and

(ii) controlled by the competent person referred to in subsection (2).

(4) An employer shall ensure that the full body harness referred to in subsection (3) complies with the requirements for Group E harnesses in the latest version of CSA standard CSA 259.10 , "Full Body Harnesses".

[N.S. Reg. 52/2000, s. 69; 53/2013, ss. 57, 93]

Section 135 Respiratory protective equipment

135. (1) An employer shall provide

(a) appropriate respiratory protective equipment to a person who enters a confined space where the concentration of a chemical substance or a mixture of chemical substances in a confined space is hazardous to the health or safety of a person; and

(b) positive pressure respiratory protective equipment to a person who enters a confined space where the concentration of oxygen is less than 19.5 %.

(2) An employer shall ensure that the respiratory protective equipment referred to in clause (1)(b).

(a) has an air line and an independent 5-minute supply of air; or

(b) is self-contained and equipped with an audible alarm that sounds when the air supply has diminished to

(i) 20% of the capacity of the unit, or

(ii) a 5-minute reserve.

[N.S. Reg. 52/2000, s. 70]

Section 137

137. An employer shall ensure that adequate warning signs and barricades are installed or erected to protect a person working as part of a confined space entry, if a hazard from any form of traffic exists.