5. The Program
| Regulation & Section Number |
Wording in the Regulation |
| Industrial Establishments:Section 119.4 |
- (1) If an employer's 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 [Part/Regulation] before a worker enters the confined space.
- (2) The program may apply to one or more confined spaces.
- (3) The program shall be developed and maintained in consultation with the joint health and safety committee or the health and safety representative, if any.
- (4) The program 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 [referring to assessment section]
- (c) a method for the development of one or more plans, in accordance with section [referring to plan section];
- (d) a method for general training of workers, in accordance with section [referring to general training section]; 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) 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) The employer 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.
|
| Health Care and Residential Facilities: Section 43.3 |
| Mines and Mining Plants: Section 297 |
| Confined Spaces: Section 5 |
| Construction Projects: Section 221.5 |
- (1) If a project 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 Part before a worker enters the confined space.
- (2) The program may apply to one or more confined spaces.No requirement for the program to be developed and maintained in consultation with the JHSC or HS Representative.
- (3) The program shall be adequate and shall provide for,
- (a) Same as the other regulations
- (b) Same as the other regulations
- (c) Same as the other regulations
- (d) a method for the training of workers, in accordance with section 221.8; and
- (e) Same as the other regulations
- (4) 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 health and safety representative, if any.
- (5) Similar to (6) above, though note use of 'constructor' instead of 'employer' and 'project JHSC' instead of 'workplace JHSC.
|
What does a confined space program include?
A confined space program is a written document that includes: a method for recognizing each confined space to which the program applies; a method for assessing the hazards to which workers may be exposed; a method for the development of confined space entry plans (which include on-site rescue procedures); a method for training workers; and, an entry permit system.
A method is a process which the employer will use to implement the various elements of the program.
May I have an outside contractor develop a confined space program in order for workers to enter my confined space?
Yes, you may have an outside contractor develop a confined space program for your workplace; however, as an employer or a contractor, you retain your responsibilities under the OHSA, and are ultimately accountable for the health and safety of all workers at your workplace.
All employers who have a confined space into which workers may enter to perform work are required to develop and maintain a confined space program. Where there are multiple employers of workers in a space, then the multi-employer provisions would apply.
When a confined space is part of a construction project, which employer is responsible for developing and maintaining the program?
Each employer of workers entering the confined space or each employer who contracts out entry to a confined space is responsible for ensuring compliance with the confined space requirements. A copy of the program or programs for the confined space must be developed by the employer(s) and provided to the constructor.
Where there are multiple employers of workers who will enter a confined space see Section 8.
May I have one program for all confined spaces in my workplace?
Yes, the program is intended for all confined spaces in the workplace and as such it is important to adequately address all confined spaces in that workplace. For employers with multiple locations, the regulations do not prohibit the development of one program as long as it adequately addresses the confined spaces in each location. The employer must consult with the joint health and safety committee (JHSC) or health and safety representative, if any, on the development and maintenance of the program for each specific workplace to which it applies (except for construction projects).
