WHMIS

New Brunswick Legislation

New Brunswick Confined Space

This material has been extracted from the Acts and Regulations of the Province to help students understand the subject. It is not an official source of information and must not be used for any other purpose.

The following is © QUEEN’S PRINTER FOR NEW BRUNSWICK. All rights reserved.

NEW BRUNSWICK REGULATION 91-191
under the
OCCUPATIONAL HEALTH AND SAFETY ACT
(O.C. 91-1035)



PART XVII
CONFINED SPACE

262 In this Part
"confined space" means an enclosed or partially enclosed space not designed or intended for continuous human occupancy with restricted access or egress and which 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, but does not include a development heading in an underground mine;
"physical agent" means an energy or influence, such as noise, heat, cold or radiation that may affect the body or a part of the body or a function of the body.

262.1 This Part does not apply to a firefighter engaged in structural fire-fighting or rescue.
97-121
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.

264(1) Where the tests referred to in subsection 263(1) indicate that paragraphs 263(1)(a) to (d) cannot be complied with, an employer shall, where practicable, purge the confined space to eliminate the hazards referred to in paragraphs 263(1)(a) to (d) and have the competent person re-conduct the tests required under subsection 263(1).

264(2) An employer is not required to purge a confined space more than once.

265 Where the competent person referred to in subsection 263(1) is unable to ensure that the concentration, level or percentage referred to in paragraphs 263(1)(a) to (d) is able to be maintained or where there is a possibility that a hazard referred to in paragraphs 263(1)(a) to (d) may occur while an employee is in the confined space, the competent person shall ensure that the confined space is continuously monitored for the hazard while the employee is in the confined space.

266(1An employer shall ensure that
(a)  all protective equipment and emergency equipment identified under subsection 263(3)
(i) have been inspected by a competent person,
(ii) are in good working order, and
(iii) are at the entrance to the confined space before an employee enters the confined space;
(b)  a competent employee trained in the procedures referred to in subsection 263(3) is
(i) in attendance outside the confined space,
(ii) in constant communication with the employee inside the confined space, and
(iii) provided with a suitable alarm for summoning assistance;
(c) the competent employee referred to in paragraph (b)
(i) holds a valid standard-level first aid certificate issued by the Canadian Red Cross Society or St. John Ambulance, and
(ii) is trained in artificial respiration and cardiopulmonary resuscitation;
(d) where required under subsection 263(3), every employee entering into, exiting from and occupying the confined space wears a full body harness attached to a life line that is attached to a secure anchor outside the confined space and is controlled by the competent employee referred to in paragraph (b);
(e) where there is more than one employee in the confined space, steps are taken to ensure that any life lines attached to body harnesses worn by the employees do not become entangled; and
(f)  an employee who is trained in the emergency procedures referred to in subsection 263(3) and who is fully informed of the hazards in the confined space is in the immediate vicinity of the confined space to assist in the event of an accident or other emergency.

266(2) An employer shall ensure that the full body harness referred to in paragraph (1)(d) meets the requirements for Group E harnesses in CSA standard CAN/CSA-Z259.10-M90, "Full Body Harness".
2001-33

267(1) An employer shall not permit an employee to enter or remain in a confined space where the concentration of an airborne chemical agent or mixture of chemical agents or airborne dust in the confined space exceeds 50% of the lower explosive limit of the chemical agent or mixture of chemical agents or dust.

267(2) Where the concentration of an airborne chemical agent or mixture of chemical agents or airborne dust in a confined space does not exceed 50% of its lower explosive limit, an employer shall ensure that

(a)  explosion proof lighting is used, and
(b)  the only work performed by the employee in the confined space is that of cleaning or inspecting and is of such a nature that it does not create any source of ignition.

267(3)  Where the concentration of an airborne chemical agent or mixture of chemical agents or airborne dust in a confined space does not exceed 10% of its lower explosive limit, an employer shall ensure that

(a)  explosion proof lighting is used, and
(b) the only work performed in the confined space is cold work using non-sparking equipment.

268 Where the concentration of airborne chemical agents or mixture of chemical agents or airborne dust in a confined space is hazardous to the health or safety of an employee or where the percentage of oxygen in the confined space is less than 19.5% by volume, an employer shall ensure that an employee who enters the confined space uses appropriate respiratory protective equipment capable of providing at least five minutes reserve of unaided life support beyond the time the employee is expected to be in the confined space.

269 Where the percentage of oxygen in a confined space is more than 23% by volume and an employee is to enter or work in the confined space, an employer shall ensure that the confined space does not contain any substance specified as flammable and combustible material or as dangerously reactive material in the Controlled Products Regulations under the Hazardous Products Act (Canada).

270 An employer shall ensure that electrical equipment taken into a wet or solidly grounded confined space is
(a) battery operated,
(b) double insulated,
(c) bonded to ground, extra low voltage and not exceeding 30 volts and 100 volt-amps, or
(d) bonded to ground and equipped with a ground fault circuit interrupter of the Class A type, which is tested before each use.

271(1) An employer shall ensure that the written report of a competent person required under subsection 263(3) is kept at the place of business of the employer nearest to the place of employment at which the confined space is located for a period of two years from the date on which the competent employee signed the report.

271(2) An employer shall make the written report referred to in subsection (1) available to an officer on request.

272 An employer shall ensure that adequate warning signs and barricades are installed to protect an employee in a confined space if a hazard from any form of traffic exists.
 

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