Proposal

Confined Spaces Consolidation Proposal

Regulation Number(s):
Ontario Regulation 632/05
Ontario Regulation 213/91
Regulation 851
Regulation 854
Ontario Regulation 67/93
Instrument Type:
Proposal
Bill or Act:
Occupational Health and Safety Act
Summary of Decision:
Amendments have been approved to consolidate all regulatory requirements under the
Occupational Health and Safety Act (OHSA) into one regulation, namely O. Reg. 632/05 (Confined Spaces). As a result of the amendments, O. Reg. 632/05 (Confined Spaces), which already applies to almost all other workplaces covered by the OHSA, will now also apply to industrial establishments, construction projects, health care and residential facilities, and mines and mining plants.

At the same time, the provisions that apply with respect to confined spaces in the following four sector-specific regulations are revoked:
- Reg.851 Regulation for Industrial Establishments
- O. Reg. 213/91 Regulation for Construction Projects
- O. Reg. 67/93 Regulation for Health Care and Residential Facilities
- Reg. 854 Regulation for Mines and Mining Plants

The amendments to O. Reg. 632/05 (Confined Spaces) maintain the important differences between confined spaces provisions that apply on construction projects and those that apply for other workplaces.

The consolidation of the confined spaces requirements under O. Reg. 632/05 is not intended to significantly affect existing worker protections or employer obligations regarding confined spaces.
Further Information:
Proposal Number:
10-MOL018
Posting Date:
January 7, 2011
Summary of Proposal:
A confined space is a fully or partially enclosed space that is not designed and constructed for continuous human occupancy, and in which atmospheric hazards may occur because of its construction, location or contents or because of work that is done in it.

The confined spaces requirements, made under Occupational Health and Safety Act (OHSA), are found in the following five regulations:

1. Reg. 851 Regulation for Industrial Establishments
2. O. Reg. 213/91 Regulation for Construction Projects
3. O. Reg. 67/93 Regulation for Health Care and Residential Facilities
4. Reg. 854 Regulation for Mines and Mining Plants
5. O. Reg. 632/05 Regulation for Confined Spaces

Confined spaces requirements in these five regulations are similar; however, they vary a little for construction projects. The confined spaces requirements in each of the four sector-specific regulations (1 through 4 above) apply with respect to work at the specific workplaces governed by the relevant regulation. The requirements in O. Reg. 632/05 (Confined Spaces) apply to almost all other workplaces covered by the OHSA.

The Ministry of Labour proposes that all of the regulatory requirements respecting confined spaces appear in one regulation, namely O. Reg. 632/05 (Confined Spaces). This would involve amendments to the application section of O. Reg. 632/05 (Confined Spaces) to include industrial establishments, construction projects, health care and residential facilities, and mines and mining plants. At the same time, the proposal is to revoke the provisions that apply with respect to confined spaces in the four sector-specific regulations listed above.

In addition, the Ministry proposes that amendments to O. Reg. 632/05 (Confined Spaces) maintain the important differences between the current confined spaces provisions that apply on construction projects and those that apply to other workplaces.

These proposed changes will not significantly affect worker protections or employer obligations regarding confined spaces. Rather, consolidating all of these requirements into one regulation will increase accessibility and transparency of these provisions. The Ministry proposes that the amendments be implemented in 2011.
Contact Address:
Confined Spaces Consolidation Project
400 University Ave., 12th floor
Toronto, ON
M7A 1T7
Effective Date:
July 1, 2011
Decision:
Approved