Stronger Confined Space Safety Rules

Summary#

This is a proposed change to the Canada Occupational Health and Safety Regulations (Part XI) that updates rules for working in confined spaces (like tanks, sewers, vaults and ship holds). The proposal, put forward by Employment and Social Development Canada, would add clearer definitions, new record‑keeping and training rules, higher minimum oxygen limits, and some continuous monitoring and emergency‑planning requirements. This is a proposal, not law yet; there is a comment period of 60 days after publication (June 20, 2020).

What it does#

• Redefines what counts as a confined space by focusing on physical features (enclosed/partly enclosed, not for continuous occupancy, limited entry/exit).
• Adds a new category called hazardous confined space for spaces that present extra risk because of atmosphere, materials, design or other conditions.
• Requires employers to:
  • survey workplaces and make an inventory of all confined spaces and keep it up to date and accessible;
  • appoint one or more qualified person(s) to assess and report on hazards and whether spaces are hazardous;
  • re‑inspect a confined space after structural or use changes or if new hazard information appears.
• Strengthens air‑quality and monitoring rules:
  • raises the minimum oxygen level in a confined space to 19.5% (and the maximum to 23%);
  • requires continuous atmospheric monitoring when the hazard assessment says continuous ventilation is needed;
  • requires testing equipment to be used, calibrated and maintained per the manufacturer.
• Expands emergency planning and rescue requirements:
  • emergency procedures required for all hazardous confined spaces (not just those with atmospheric hazards);
  • mandatory safety harnesses, lifelines and trained rescue attendants for certain entries.
• Tightens training and record rules:
  • employers must train anyone who will enter and keep records of training; training records must be kept while the person works for the employer or for two years after they stop (some reports and procedures must be kept for ten years).
• Clarifies that employers must share procedures with contractors and ensure contractors receive the required training.

Who's affected#

• Employers and workers in workplaces under federal jurisdiction — about 8% of the Canadian workforce. This includes sectors such as:
  • banking, telecommunications and broadcasting;
  • air, interprovincial rail and road transportation (except on‑board employees), shipping and related services;
  • grain elevators, mills, pipelines, tanker trucks and similar operations;
  • uranium mining, Crown corporations and the federal public administration.
• Contractors and anyone granted access to federal confined spaces.
• Small businesses under federal jurisdiction: the analysis estimates 1,949 small businesses would be affected.
• If you’re not in a federally regulated workplace (most provincial workplaces), these federal changes do not apply — provinces have their own rules, though the proposal aims to align with provincial standards.

Why it matters#

• Confined‑space work is high‑risk. The rules aim to reduce deaths and serious injuries by making it easier to identify confined spaces, by separating lower‑risk and higher‑risk spaces, and by improving prevention, monitoring and rescue preparations.
• Practical effects for workplaces include modest administrative and operational costs to create inventories, update hazard assessments, keep training records and, in some cases, add continuous monitoring. The government’s cost estimate shows annualized compliance costs around $195,000 and a present value of about $1.37 million over the analysis period. Small businesses would face relatively small per‑firm costs (about $378 per affected small business over 10 years, present value).
• The changes align federal rules with updated industry standards (including CSA Z1006‑16) and with provincial norms (e.g., the 19.5% oxygen threshold), which can make rules more consistent for companies that operate across jurisdictions.
• This is a proposed regulation. Stakeholders had a consultation process, and the government invited public comments for 60 days after the notice was published.