3. Application
Who is covered by the new and amended confined spaces provisions?
The confined space requirements provide for the protection of most workers in Ontario covered by the OHSA. Confined space provisions found in each sector regulation have been amended:
- Reg.851 Regulations for Industrial Establishments as amended by O. Reg. 629/05.
- O. Reg. 213/91 Regulations for Construction Projects, as amended by O. Reg. 628/05
- O. Reg. 67/93 Regulation for Health Care and Residential Facilities as amended by O. Reg. 631/05,
- Reg. 854 Regulations for Mines and Mining Plants as amended by O. Reg. 630/05
In addition, the following is a new regulation for confined spaces for most other workplaces that are covered by the OHSA but not by one of the specific sector regulations.
Confined space provisions in all five regulations are similar. However, the confined space provisions for construction projects contain a few more variations; this guideline will highlight these variations, where they exist.
The OHSA and its regulations can be found at www.e-laws.gov.on.ca and at the Ministry of Labour web site www.labour.gov.on.ca
Who is not covered by these provisions?
Workers in federally regulated workplaces, such as federal public servants, railway workers and airline workers are covered by federal labour legislation.
The OHSA, with certain limitations, applies to farm workers as of June 30, 2006. Farm workers are not covered by a confined space regulation. However, the Ministry of Labour (MOL) has worked with farming stakeholders to develop health and safety guidelines to help employers, supervisors and workers on farms to recognize hazards. One of the guidelines addresses hazardous atmospheres and confined spaces. Separate activities on a farm that are not part of the farming operations and to which the Regulations for Construction Projects (O.Reg. 213/91), Industrial Establishments (Reg.851), Mines and Mining Plants (Reg.854), or Health Care and Residential Facilities (O. Reg. 67/93) apply will continue to fall under those regulations and as such the confined space requirements would apply to those activities.
Why is there a separate regulation called "Confined Spaces, O. Reg. 632/05"?
Regulation 632/05 applies to almost all workplaces covered by the OHSA but not covered by the mining, industrial, construction or health care regulations (with the main exceptions being farming operations and diving operations). The MOL generally refers to these types of workplaces as "extended workplaces", meaning that although the OHSA applies to them, there is no specific sector regulation that applies. Some examples of workers in extended workplaces are provincially regulated truck drivers when on the road, sewer service workers and teachers in classrooms.
Why are there exceptions?
Only a firefighter as defined in the Fire Protection and Prevention Act, 1997 and a person who holds a certificate under the Technical Standards and Safety Act, 2000 working under the direction of a fire department may perform emergency work. Hazard recognition and other general training requirements continue to apply.
"Emergency work", as defined in each Regulation, means "work performed in connection with an unforeseen event that involves an imminent danger to the life, health or safety of any person."
There may be situations in which these workers must enter a confined space in order to perform emergency work, and it would not be reasonable to require that all of the administrative steps be taken prior to entry. In order for the exception to apply, the employer of the firefighter or gas technician must provide written procedures and other measures, confined space training, and personal protective equipment, clothing and devices to protect the workers during the emergency work.
I am an employer and my workplace has a confined space. I contract out work to be done in the confined space. Do these provisions apply to me?
Yes. Contracting out work for services makes you an employer, as defined under the OHSA. The general duties of the employer under the OHSA would apply, regardless of the situation. Therefore you have to ensure that workers who you have hired comply with the confined spaces provisions.
Refer to the multiple employer section when there are workers of more than one employer required to work in the same confined space.
Constructor duties, as defined under the OHSA would apply on construction projects.
I am a provincially regulated employer, who often is contracted by a federally regulated business, for federal business. Sometimes, we may also work with federal companies but for our own business. How would the regulations apply?
Provincially regulated workers, who occasionally work at or on a federal undertaking, are still subject to the authority of the OHSA and may also be subject to federal safety legislation. However, jurisdiction is determined on a case-by-case basis, and employers may wish to contact the local office of the Ministry of Labour for further information pertaining to their specific situations.
Please refer to the Blue Pages of your telephone directory to find the local MOL office.
