Amendments to the Industrial Establishments Regulation | Amendments to the Construction Projects Regulation |
Definition of Adequate |
The term “adequate” has been added to the definition of the Industrial Establishment’s Regulation Section 1(1): “adequate,” when used in relation to a procedure, plan, material, device, object or thing, means that it is: (a) sufficient for both its intended and its actual
use, and
(b) sufficient to protect a worker from
occupational illness or occupational injury. and “adequately” has a meaning that corresponds to the meaning of “adequate.” | The term “adequate” is already defined in Section 1(1) of the Construction Projects Regulations. This term is used throughout the new amendments. |
Acceptable Atmospheric Levels The definition of “acceptable atmospheric levels is slightly different in subsection (c). |
Section 119.1 “acceptable atmospheric levels,” means that, (c) the exposure to atmospheric containments
does not exceed any applicable level set out in
a regulation made under the Act and listed in
Table 1; | Section 221.2 “acceptable atmospheric levels” means that, (c) if atmospheric containments, 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; |
Multiple Employers |
The term “lead employer” is defined as “an employer who contracts for the services of one or more other employers or independent contractors in relation to one or more confined spaces that are located,
(a) in the lead employers own workplace, or
(b) in another employer’s workplace”
.
This term is used throughout section 119.3, which describes requirements where workers of more than one employer perform work in or in relation to the same confined space. | The term “constructor” is used instead of the term “lead employer” in section 221.4 to describe requirements where multiple employers are present.
The Occupational Health and Safety Act, Section 1(1), defines constructor as “a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer.” |
Coordination Document The coordination document ensures that in a multiple employer environment each of the employer’s duties are performed in a way that protects all of the workers performing a confined space entry or related work. |
Section 119.3 (3)
The coordination document may outline that one employer will perform certain duties on behalf of one or more other employers for some or all of their workers.
Section 119.3 (4)(b)
The co-ordination document must be provided to the Joint Health and Safety Committee (JHSC) or health and safety representative for each employer of workers. | No section similar to S. 119.3 (3) in the amendments to the Construction Projects Regulation.
Section 221.4(3)(b)
The coordination document must be provided to the project’s Joint Health and Safety Committee (JHSC) or health and safety representative. |
Confined Space Program |
Section 119.4(1)
If an employer’s workplace includes a confined space that workers may enter to perform work, a written program is needed, before a worker enters the confined space. | Section 221.5(1)
If a project includes a confined space that workers may enter to perform work, a written program is needed before a worker enters the confined space. |
Section 119.4(3)
The program must be developed and maintained in consultation with the JHSC or the health and safety representative.
Section 119.4(5)
The employer must provide a copy of
the program to the JHSC or health and
safety representative. | No requirement for consulting on the development and maintenance of the program with the project JHSC.
Section 221.5(4)
The employer must provide a copy of the written program to the constructor who must then provide a copy to the project’s JHSC or health and safety representative. |
Confined Space Hazard Assessment |
Section 119.5(5)
The employer must appoint a person who has adequate knowledge, training and experience to carry out the hazard assessment. | Section 221.6(5)
The employer must appoint a competent worker to carry out the hazard assessment.
The term “competent worker” is already defined in Section 1(1) of the Construction Projects Regulations. A “competent worker, in relation to specific work, means a worker who,
(a) is qualified because of knowledge, training
and experience to perform the work,
(b) is familiar with the Occupational Health and
Safety Act and with the provisions of the
regulations that apply to the work, and (c) has knowledge of all potential or actual
danger to health or safety in the work” |
Section 119.5(8)
On request, copies of the hazard assessment must be provided to the JHSC or health and safety representative, | Section 221.6(8)
On request, copies of the hazard assessment must be provided to the project’s .JHSC or health and safety representative. |
Confined Space Training |
The training requirements are divided into two sections:
Section 119.7
Every worker that enters confined spaces or performs related work must be given adequate training on the recognition of hazards and safe work practices.
Section 119.8
The employer must ensure that every worker who enters a confined space or performs related work receives adequate training on the plan and follows the plan.
The training required under both sections may be combined. | The training requirements are contained in one section:
Section 221.8
The employer must ensure that every worker that enters confined spaces or performs related work receives adequate training on the recognition of hazards and safe work practices. Training must be in accordance with the relevant plan.
|
Section 119.7(2)
The employer must appoint a person who has adequate knowledge, training and experience to conduct training.
Section 119.7(3)
The employer must ensure that training is developed in consultation with the JHSC or health and safety representative.
Section 119.7(4)
A requirement to ensure that the training is reviewed, in consultation with the JHSC or health and safety representative, as outlined. | Section 221.8
No requirements outlined for the employer to appoint an individual with certain skills (i.e., competent worker) to conduct the training. The employer must maintain a record of who provided the training
No requirement for collaboration with the project JHSC for developing the training. No requirement to ensure that training is reviewed. |
Rescue Equipment Inspection |
Section 119.11 (1)(c)
The employer must ensure that all rescue equipment is inspected by a person who has adequate knowledge, training and experience. | Section 221.11(1)(c)
The employer must ensure that all rescue equipment is inspected by a competent worker. |
Entry and Exit |
Section 119.15
All workers must be provided with an adequate means for entering and exiting the space. | No similar requirements for an adequate means of entering and exiting the confined space. |
Atmospheric Testing |
Section 119.17 (1)
The employer must appoint a person who has adequate knowledge, training and experience to perform the atmospheric tests. | Section 221.16(1)
The employer must appoint a competent worker to perform the atmospheric tests. |
Equipment Inspection |
Section 119.18(6) 1119.19(5)
Equipment shall be inspected by a person who has adequate knowledge, training and experience. | Section 221.171221.18
No specific requirements for equipment referred to in these sections to be inspected |
Retention of Records |
Section 119.20(1)
The employer must retain every assessment, plan, co-ordination document, record of training, entry permit, record of a testing etc. for the longer of one year after the document is created or to ensure that at least the two most recent
records of each kind that relate to a particular confined space are retained. | Section 221.19(1)
The employer must keep available for inspection at the project every assessment, plan, coordination document, record of training, entry permit, record of inspection, record of testing etc. |