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ontario regulation 95/11

made under the

occupational health and safety act

Made: March 23, 2011
Filed: March 29, 2011
Published on e-Laws: March 31, 2011
Printed in The Ontario Gazette: April 16, 2011

Amending O. Reg. 632/05

(Confined Spaces)

1. The definition of “acceptable atmospheric levels” in section 1 of Ontario Regulation 632/05 is amended by striking out “and” at the end of clause (b) and by striking out clause (c) and substituting the following: 

(c) in the case of a workplace that is not a project, the exposure to atmospheric contaminants does not exceed any applicable limit set out in Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents) made under the Act or Ontario Regulation 490/09 (Designated Substances) made under the Act, and

(d) in the case of a workplace that is a project, if atmospheric contaminants, including gases, vapours, fumes, dusts or mists are present, their concentrations do not exceed what is reasonable in the circumstances for the protection of the health and safety of workers; (“niveaux atmosphériques acceptables”)

2. Subsection 3 (1) of the Regulation is revoked and the following substituted:

Exceptions

(1) This Regulation does not apply to work performed underwater by a diver during a diving operation as defined in Ontario Regulation 629/94 (Diving Operations) made under the Act.

3. (1) Subsection 4 (2) of the Regulation is amended by striking out “lead employer shall” and substituting “lead employer or, in the case of a project, the constructor, shall”.

(2) Subsection 4 (3) of the Regulation is revoked and the following substituted:

(3) Without restricting the generality of subsection (2), in the case of a workplace that is not a project, the co-ordination document may provide for the performance of a duty or duties referred to in that subsection by one or more employers on behalf of one or more other employers with respect to some or all of the workers. 

(3) Subsection 4 (4) of the Regulation is revoked and the following substituted:

(4) A copy of the co-ordination document shall be provided to,

(a) each employer of workers who perform work in the same confined space or related work with respect to the same confined space;

(b) in the case of a workplace that is not a project, the joint health and safety committee or health and safety representative, if any, for each employer of workers who perform work in the same confined space or related work with respect to the same confined space; and

(c) in the case of a workplace that is a project, the joint health and safety committee or health and safety representative, if any, for the project. 

4. Section 5 of the Regulation is revoked and the following substituted: 

Program

5. (1) If a workplace includes a confined space that workers may enter to perform work, the employer shall ensure that a written program for the confined space is developed and maintained in accordance with this Regulation before a worker enters the confined space. 

(2) A program described in subsection (1) may apply to one or more confined spaces. 

(3) In the case of a workplace that is not a project, the program described in subsection (1) shall be developed and maintained in consultation with the joint health and safety committee or the health and safety representative, if any. 

(4) A program described in subsection (1) shall be adequate and shall provide for,

(a) a method for recognizing each confined space to which the program applies;

(b) a method for assessing the hazards to which workers may be exposed, in accordance with section 6;

(c) a method for the development of one or more plans, in accordance with section 7;

(d) a method for the training of workers, in accordance with section 8 or section 9.1, as the case may be; and

(e) an entry permit system that sets out the measures and procedures to be followed when work is to be performed in a confined space to which the program applies. 

(5) In the case of a workplace that is not a project, the employer shall provide a copy of the program to the joint health and safety committee or the health and safety representative, if any. 

(6) In the case of a workplace that is a project, the employer shall provide a copy of the program to the constructor, who shall provide a copy of it to the project’s joint health and safety committee or the health and safety representative, if any. 

(7) The employer or constructor, as the case may be, shall ensure that a copy of the program is available to,

(a) any other employer of workers who perform work to which the program relates; and

(b) every worker who performs work to which the program relates, if the workplace has no joint health and safety committee or health and safety representative. 

5. Clause 6 (8) (a) of the Regulation is revoked and the following substituted:

(a) the joint health and safety committee or the project’s joint health and safety committee, as the case may be, or the health and safety representative, if any; or

6. Section 8 of the Regulation is amended by adding the following subsection:

Hazard recognition and other general training — workplaces other than projects

(0.1) This section does not apply to workplaces that are projects.

7. Section 9 of the Regulation is amended by adding the following subsection:

Plan-specific training — workplaces other than projects

(0.1) This section does not apply to workplaces that are projects. 

8. The Regulation is amended by adding the following section:

Training — projects

9.1 (1) This section applies only to workplaces that are projects. 

(2) The employer shall ensure that every worker who enters a confined space or who performs related work receives adequate training to perform the work safely, in accordance with the relevant plan.

(3) Training under subsection (2) shall include training in,

(a) the recognition of hazards associated with confined spaces; and

(b) safe work practices for working in confined spaces and for performing related work.

(4) The employer shall maintain up-to-date written records showing who provided and who received training under this section and the date when it was provided. 

(5) The employer shall provide the training records under subsection (4) to the project’s joint health and safety committee or health and safety representative, if any, on request. 

(6) The records may be incorporated into an entry permit under section 10. 

9. Section 17 of the Regulation is amended by striking out “the employer shall” in the portion before clause (a) and substituting “the employer, or in the case of a project, the constructor, shall”. 

10. Section 21 of the Regulation is revoked and the following substituted: 

Records

21. (1) In the case of a workplace that is not a project, the employer shall retain every assessment, plan, co-ordination document under section 4, record of training under subsection 8 (5) or 9 (2), entry permit under section 10, record of an inspection under subsection 12 (2) and record of a test under section 18, including records of each sample, for the longer of the following periods:

1. One year after the document is created.

2. The period that is necessary to ensure that at least the two most recent records of each kind that relate to a particular confined space are retained.

(2) In the case of a workplace that is a project, the constructor or employer, as the case may be,

(a) shall keep available for inspection at the project every assessment, plan, co-ordination document under section 4, record of training under subsection 9.1 (4), entry permit under section 10, record of an inspection under subsection 12 (2) and record of a test under section 18, including records of each sample; and

(b) shall retain the documents described in clause (a) for one year after the project is finished. 

(3) If section 4 applies,

(a) the documents described in subsection (1) shall be retained by the employer responsible for creating them; and

(b) the documents described in clause (2) (a) shall be retained by the constructor or employer, as the case may be, responsible for creating them. 

Commencement

11. This Regulation comes into force on the later of July 1, 2011 and the day it is filed.

 

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