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LEGISLATIVE INTERPRETATIONS

OCCUPATIONAL HEALTH AND SAFETY ACT

Confined Space – Definition 2

Topic: Confined Space – Definition 2 Issued By: V.P.,WorkSafe Services
Statute: General Regulation 91-191 Date Issued: April 12, 1999
Section: 262 Date Revised:

262 In this part
“confined space” means (1) an enclosed or partially enclosed space (2) not designed or intended for continuous human occupancy (3) with restricted access or egress and (4) 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;

Question:
Are confined space entry requirements necessary for entry into a blender or flake storage bin?

Answer:
To require adherence to every measure in the confined space part, the vessel must meet all four of the conditions in the definition. Presence of one or more full sized doors, for instance, will eliminate criteria #3. Other factors may eliminate other criteria that would eliminate the need to take all the precautions set out in sections 263-272. It does not, however, eliminate the need to take precautions appropriate to the risks associated with entering the vessel. Officers should expect to see a list of precautions the employer requires before work can be done on such vessels that are less than full confined spaces, but are more restricted than normal work areas.

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