11.1 In this Part,

“class of confined spaces”

“class of confined spaces” means a group of at least two confined spaces that are likely, by reason of their similarity, to present the same hazards to persons entering, exiting or occupying them; (catégorie d’espaces clos)

“confined space”

“confined space” means an enclosed or partially enclosed space that

• (a) is not designed or intended for human occupancy except for the purpose of performing work,

• (b) has restricted means of access and egress, and

• (c) may become hazardous to any person entering it owing to

  • (i) its design, construction, location or atmosphere,

  • (ii) the materials or substances in it, or

  • (iii) any other conditions relating to it; (espace clos)

“hot work”

“hot work” means any work where flame is used or a source of ignition may be produced. (travail à chaud)

• 11.2 (1) Where it is likely that a person will, in order to perform work for an employer, enter a confined space and an assessment pursuant to this subsection has not been carried out in respect of the confined space, or in respect of the class of confined spaces to which it belongs, the employer shall appoint a qualified person

  • (a) to carry out an assessment of the physical and chemical hazards to which the person is likely to be exposed in the confined space or the class of confined spaces; and

  • (b) to specify the tests that are necessary to determine whether the person would be likely to be exposed to any of the hazards identified pursuant to paragraph (a).

• (2) The qualified person referred to in subsection (1) shall, in a signed and dated report to the employer, record the findings of the assessment carried out pursuant to paragraph (1)(a).

• (3) The employer shall make a copy of any report made pursuant to subsection (2) available to the work place committee or the health and safety representative.

• (4) Subject to subsection (5), the report made pursuant to subsection (2) shall be reviewed by a qualified person at least once every three years to ensure that its assessment of the hazards with which it is concerned is still accurate.

• (5) If a confined space has not been entered in the three years preceding the time when the report referred to in subsection (4) should have been reviewed and no entry is scheduled, the report need not be reviewed until it becomes likely that a person will, in order to perform work for an employer, enter the confined space.