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Guidelines Part 9

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Guidelines Part 9 - Hazard assessment and work procedures

G9.9-1 Hazard assessment

Issued August 1, 1999

The hazard assessment required by section 9.9 of the OHS Regulation must be performed by a "qualified person", as defined under section 9.11. Once the assessment has been done for a specific activity within a particular space or group of similar spaces, it may provide the basis for procedures for every occasion when workers enter those spaces. On each such occasion, the circumstances of the proposed job should be considered beforehand by the supervisor (who need not be a "qualified person" under section 9.11) to ensure that the criteria or conditions upon which the hazard assessment is based remain substantially the same. If the conditions are different in a way that might affect the outcome of the hazard assessment previously done by a qualified person, then the circumstances should be reviewed and entry procedures revised as necessary, by a "qualified person". The assessment of a "qualified person" cannot be changed without the concurrence of the same or another "qualified person".

Paragraph 9.9(2)(b) states that the hazard assessment required under section 9.9(1) must consider a list of specific circumstances as well as "other hazardous conditions". In general, the conditions referred to here represent requirements addressed in other parts of the OHS Regulation. These include, but are not limited to, fall protection, hearing conservation, radiation, heat stress, extreme climactic conditions such as flooding from heavy rains, and lockout of equipment and processes.

G9.9-2 Visiting employers

Issued August 1, 1999

The process of identifying confined spaces, assessing hazards and developing work procedures in a workplace is the responsibility of the employer who operates the business carried on at the workplace. However, employers commonly perform jobs at workplaces that they do not own or control. If an employer is sending a worker to another employer's or owner's operation, the following need to be considered to ensure the "visiting" employer meets their obligations under Part 9.

The visiting employer need not repeat the process of identifying and placing signs on confined spaces as required by sections 9.2 and 9.3 if this has already been done by an effective confined space entry program of the resident employer. The visiting employer should, however, inform its workers of the location and nature of any confined spaces that might affect their work and activities. The owner of a workplace, or the employer controlling a workplace, should provide this information. See also section 118 of the Workers Compensation Act and section 20.3 of the OHS Regulation.
If a visiting employer does work that requires one of their workers to enter a confined space, the visiting employer must have its own confined space entry program under section 9.5. The program may be generic in nature covering the general types of confined spaces its workers would be expected to enter in the course of their visits to different sites. Such generic procedures would then be supplemented by specific procedures for the activity and confined space to be entered, which may be developed in conjunction with the resident employer or site owner. All persons with duties related to confined space entry must be trained in these specific procedures before any entry into a confined space.
If a visiting employer is utilizing some aspects of the resident employer or owner's confined space entry program, the visiting employer has to undertake sufficient hazard identification and risk assessment to ensure their activity will be in compliance if the host employer or owner's confined space entry program is used. For example, a contractor doing welding or painting may create hazards the owner's confined space entry program did not consider in their hazard identification and risk assessment.

G9.11 Confined spaces - Qualified persons

Issued January 1, 2007

Regulatory excerpt
Section 9.11(1) of the OHS Regulation ("Regulation") requires a hazard assessment and written confined space entry procedures be prepared by a "qualified person who has adequate training and experience in the recognition, evaluation and control of confined space hazards"

Section 9.11(2) of the Regulation states "For the purposes of subsection (1)(a) qualifications which are acceptable as evidence of adequate training and experience include

(a) certified industrial hygienist (CIH) or registered occupational hygienist (ROH) with experience in confined space entry,

(b) certified safety professional (CSP), Canadian registered safety professional (CRSP) or professional engineer (P. Eng.), provided that the holders of these qualifications have experience in the practice of occupational hygiene as it relates to confined space entry, or

Purpose of guideline
The purpose of this guideline is to provide direction to employers on how to meet their obligations to select qualified persons to create confined space hazard assessments and work procedures. It also provides contact information on some of the accrediting agencies that issue professional certifications referenced in section 9.11.

Employer due diligence
Employers are responsible for selecting qualified persons, as defined in s. 9.11 of the Regulation, to undertake confined space hazard assessments and written entry procedures. The employer must exercise due diligence in the selection of the qualified person. This is especially necessary if the person being engaged does not hold one of the certifications or the license credentials specified in section 9.11(2) (a) or (b). While each case must be considered on its merits, reliance by an employer on a person holding a certification or license specified in section 9.11(2) as being a "qualified person" for the purposes of section 9.11 would normally be considered reasonable, however, due diligence in all cases includes a review of the person's experience as well as their accredited credentials.

Section 9.11(2)(c) permits persons not certified or licensed to be considered qualified for the purposes of this section. Anyone experienced, knowledgeable and capable of doing the required hazard assessments and writing appropriate safe work procedures may be considered to be a "qualified person." The education, training and experience required to complete a particular confined space entry assessment and to write appropriate procedures will depend on the complexity of each situation and the hazards to be controlled.

Factors employers should evaluate in determining whether a person selected to undertake the confined space hazard assessment and entry procedures under 9.11(2)(c) is qualified include:

Specific education and training the person has received, and relevance to the industry or type of space the person will encounter
Extent of experience with confined space entry relevant to the industry and type of space the person will encounter
Experience with specific elements or tasks related to confined space entry, such as:
- lockout and isolation
- air monitoring
- ventilation
- use of lifeline, harness and lifting equipment
- the use of personal protective equipment
- participation in rescue drills
- previous assessments conducted and procedures written.
Proficiency with applying exposure limits

A deficient confined space risk assessment or work procedure may be an indication the person selected was not qualified to do the hazard assessment and/or develop the written confined space entry procedures. In all such situations, whether the person selected purports to be a qualified person under subsection (a), (b) or (c), prevention officers will enquire what steps the employer took to assess the person's qualifications. It should be noted that when evaluating the qualifications of a person who has prepared a hazard assessment and confined space procedures, the officer's primary focus will be the quality of the assessments and procedures rather than the person's credentials.

Where prevention officers encounter hazard assessments and work procedures that are deficient and the person selected meets the definition of "qualified person" in s. 9.11 (2) (a) or (b), the employer who engaged the "qualified person" may file a complaint with the accrediting agency.

Note that in addition to engaging qualified persons, employers are also responsible for ensuring that the confined space hazard assessment contains the required elements, and that the written confined space entry procedures have been developed based on the hazard assessment (see s. 9.9(2) and s. 9.10).

Prevention officers will also assess the extent to which the employer knew or should have known that the assessment and/or procedures were deficient. In particular, prevention officers will enquire into what steps the employer took to ensure that ss. 9.9 and 9.10 were complied with.

Contact with accrediting agencies
Among other things, accrediting agencies often maintain web sites with contact information on accredited persons. For example, the Canadian Registration Board of Occupational Hygienists maintains contact information on persons with ROH's, which can be accessed at http://www.crboh.ca/page.cfm?onumber=1. A list of persons with CIHs can be found on the American Board of Industrial Hygiene web site at http://www.abih.org. Lists of persons with CRSPs, which are issued by the Board of Canadian Registered Safety Professionals, are available at http://www.bcrsp.ca

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Disclaimer: The Worker and Employer Services Division issues Guidelines to help with the application and interpretation of sections of the Occupational Health and Safety Regulation and with divisions of the Workers Compensation Act that relate to health and safety. Guidelines are not intended to provide exclusive interpretations but to assist with compliance. WorkSafeBC ("Workers' Compensation Board of B.C.") does not warrant the accuracy or the completeness of the online version of the Guidelines and neither WorkSafeBC nor its board of directors, employees or agents shall be liable to any persons for any loss or damage of any nature, whether arising out of negligence or otherwise, which may be occasioned as a result of the use of the online version of the Guidelines.