This is an official version. Copyright ©2021: Queen's Printer, Important Information
Newfoundland and Labrador NEWFOUNDLAND AND LABRADOR Offshore
Area Occupational Health and Safety Regulations (Filed December 22, 2021) Under the authority of section 201.120 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. Johns, December 22, 2021. Krista Quinlan REGULATIONS Analysis 1. Short title PART
I 2. Interpretation 3. Inconsistency or conflict PART
II 4. Occupational health and safety policy 5. Occupational health and safety management system 6. Occupational health and safety program and audit 7. Workplace committee 8. Record keeping 9. Posting of documents PART
III 10. Report to supervisor or employer 11. Report to employer with control 12. Employer obligations 13. Notification of chief safety officer 14. Investigation PART
IV 15. Provision of general training 16. Competent person 17. Records PART
V 18. Emergency response plan 19. Posting of information 20. Instruction and training 21. Means of evacuation 22. Emergency equipment 23. Emergency alert system 24. Emergency power source 25. Emergency descent control 26. Fire and explosion 27. Firefighting equipment 28. Fire team equipment 29. Falls into ocean 30. Emergency drills and exercises PART
VI 31. Operator's obligations 32. Employer obligations 33. Medics 34. First aiders 35. Treatment records PART
VII 36. Occupational health and safety program 37. Impairment 38. Fatigue training 39. Rest periods 40. Thermal stress 41. Musculoskeletal injury 42. Workplace violence and harassment 43. Disruptive behaviour PART
VIII 44. Employee obligations 45. Requirements 46. Prescribed equipment 47. Respiratory protective equipment 48. Personal gas monitoring device 49. Records PART
IX 50. Transit by helicopter 51. Transit by vessel 52. Safe entry and exit PART
X 53. Contents 54. Occupational health and safety program 55. Employer obligations PART
XI 56. Application 57. Accommodations area 58. Washrooms 59. Portable toilet units 60. Handwashing facilities 61. Showers 62. Changing facilities 63. Sleeping quarters 64. Dining area 65. Smoking areas PART
XII 66. Waste material 67. Pests 68. Cleanliness and orderliness 69. Storage PART
XIII 70. Food safety 71. Potable water PART
XIV 72. Non-application 73. Minimum levels 74. Emergency lighting 75. Handling, storage and disposal PART
XV 76. Unimpeded communication 77. Noise PART
XVI 78. Air quality 79. Ventilation system 80. Internal combustion engine PART
XVII 81. Movement within workplace 82. Doors 83. Guard-rails 84. Wall and floor openings and open edges 85. Open-top enclosures 86. Structural openings PART
XVIII 87. Requirements 88. Removal from service 89. Hair, clothing and accessories 90. Pedestrian passage 91. Standards 92. Fuelling PART
XIX 93. Standards 94. Elevator documentation PART
XX 95. Application 96. Ship's ladder 97. Requirement to install 98. Stairs, ramps and fixed ladders 99. Temporary stairs 100. Ramps 101. Fixed ladders 102. Portable ladders PART
XXI 103. Definition 104. Use - general 105. Prevention of contact 106. Scaffolds 107. Elevating work platforms PART
XXII 108. Risk of falling 109. Means of protection 110. Rope access 111. Work permit 112. Instruction and training PART
XXIII 113. Risk of injury PART
XXIV 114. Definitions 115. Lifting risks 116. Work permit 117. Prohibitions 118. Hazardous conditions 119. Manual handling 120. Rated capacity 121. Materials handling equipment 122. Cranes and hoists 123. Wire rope clips 124. Mobile equipment 125. Additional standards 126. Personnel transfer 127. Signalling 128. Inspection 129. Instruction and training PART
XXV 130. Evaluation 131. Occupational health and safety program 132. Work permit 133. Entry and occupation requirements 134. Atmosphere 135. Attendants 136. Instruction and training 137. Completion of work PART
XXVI 138. Risks 139. Work permit 140. Requirements PART
XXVII 141. Definitions 142. Occupational health and safety program 143. Work permit 144. Employer obligations 145. Approach boundaries PART
XXVIII 146. Hose lines 147. Compressed gas cylinders 148. Portable compressed gas cylinders PART
XXIX 149. Employer obligations PART
XXX 150. Definition 151. Occupational health and safety program 152. Work permit 153. Employer obligations PART
XXXI 154. Definitions 155. Occupational health and safety program 156. Investigation and assessment 157. Employer obligations 158. Identification 159. Hazardous products - labelling 160. Hazardous products - safety data sheets 161. Exemption from requirement to disclose 162. Instruction and training 163. Provision of information in emergency PART
XXXII 164. Definitions 165. Occupational health and safety program 166. Prohibitions 167. Instruction 168. Dive safety specialists 169. Emergency response plan 170. Emergency drills and exercises 171. Dive project plan 172. Dive contractor obligations 173. Dive record PART
XXXIII 174. NLR 18/97 Amdt. 175. NLR 102/14 Rep. 176. Commencement SCHEDULE A SCHEDULE B Short title 1. These regulations may be cited as the Offshore Area Occupational Health and Safety Regulations. PART I Interpretation 2. (1) In these regulations (a) "accommodation area" means the area of a marine installation or structure that contains the sleeping quarters, dining areas, food preparation areas, general recreation areas, office areas and medical rooms and includes all washrooms in that area; (b) "Act" means the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act; (c) "advanced
first aid certificate" means a
certificate evidencing the holder's successful completion of a training program
whose curriculum conforms to the curriculum for advanced first aid set out in
CSA Group standard Z1210, "First
aid training for the workplace Curriculum and quality management
for training agencies", or, in the case of marine crew on a vessel,
whose curriculum conforms to Chapter 4 of the federal Department of Transport
publication TP 13008, "Training Standards for Marine First Aid and Marine Medical Care"; (d) "ANSI" means the American National Standards Institute; (e) "ASME"
means the American Society of Mechanical Engineers; (f) "biological exposure index" means the biological exposure index established for a substance or agent by the American Conference of Governmental Industrial Hygienists in its publication "TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices"; (g) "competent person" means a person who, in respect of a task, (i) has the knowledge,
training and experience necessary to do the task in a manner that protects the
health and safety of all persons at the workplace, and (ii) has knowledge of the provisions of the Act,
these regulations and the occupational health and safety program that apply to
the task and of the potential or actual danger that the task poses to the
health or safety of persons; (h) "confined space" means an enclosed
or partially enclosed space that (i) is not designed or intended for human
occupancy except on a temporary basis for the purpose of performing a specific
task, (ii) is or may become hazardous to a person in it,
including by reason of its design, construction, location or atmosphere or the
materials or substances it contains, without regard to any protection that may
be afforded to the person through the use of personal protective equipment or
additional ventilation, and (iii) has restricted means of access and egress, or
an internal configuration, that could make first aid, evacuation, rescue or
other emergency response services difficult to provide; (i) "de-energized" means, in respect of any
equipment, machine, device or system, or any component of one of those things,
that it is disconnected from all energy sources and void of any residual or
stored energy; (j) "dive project" means any work or
activity for which an authorization to dive has been issued; (k) "electrical equipment" means equipment
that uses electricity or that is used for the generation or distribution of
electricity; (l) "energized" means, in respect of an
electrical conductor, a circuit part or electrical equipment, that it is a
source of voltage or is electrically connected to a source of voltage; (m) "energy" includes electrical, mechanical,
hydraulic, pneumatic, chemical, radiant, thermal and gravitational energy; (n) "energy-isolating device" means a
device that physically prevents the transmission or release of energy or a
substance that is a source of energy, including (i) a manually operated electrical circuit breaker, (ii) a disconnect switch, (iii) a manually operated switch by means of which
the conductors of a circuit can be disconnected from all ungrounded supply
conductors, (iv) a valve, or (v) a blind, blank or blocking seal; (o) "environmental conditions" means meteorological,
oceanographical and other natural conditions, including ice conditions, that
may affect operations at a workplace; (p) "first aider" means a person who
holds a valid standard first aid certificate or advanced first aid certificate
or who meets the requirements referred to in subsection 33(1) but is not a
medic; (q) "hazard information" means, in
respect of a hazardous substance, information respecting the health and
physical hazards posed by the substance and respecting its proper and safe
storage, handling, use and disposal; (r) "hazardous product" has the same
meaning as in section 2 of the Hazardous
Products Act (Canada); (s) "high-pressure washing" means the
use of water or another liquid delivered from a pump at a pressure exceeding 10
megapascals, with or without the addition of solid particles, to remove
unwanted matter from a surface; (t) "hot work" means any work or
activity, other than the use of explosives, that involves the use of or is
likely to produce fire, sparks or another source of ignition; (u) "IMO Resolution MSC.81(70)" means the
annex to International Maritime Organization Resolution MSC.81(70), "Revised
Recommendation on Testing of Life-Saving Appliances"; (v) "lockout" means the securing, in
accordance with the procedures referred to in paragraph 142(b), of a lockout
device on an energy-isolating device that is being used to isolate the energy
source of a piece of equipment, machine, device or system; (w) "lockout device" means a device that
prevents the manipulation or removal of an energy-isolating device; (x) "LSA Code" means the annex to
International Maritime Organization Resolution MSC.48(66), "International Life-Saving Appliance (LSA)
Code"; (y) "materials handling equipment" means
equipment, other than an elevator or personnel lift, that is used to transport,
lift, move or position things or persons and includes gear and devices used in
conjunction with other equipment in carrying out those functions; (z) "medic" means a person designated
under subsection 33(1); (aa) "mobile equipment" means wheeled or
tracked materials handling equipment that is engine-powered or motor-powered,
together with any attached or towed equipment; (bb) "occupational health and safety
program" means the occupational health and safety program referred to in
section 201.17 of the Act; (cc) "piping system" means an assembly of
pipes, pipe fittings, valves or other control or safety devices, pumps,
compressors and other fixed equipment; (dd) "professional engineer" means a
competent person who is registered or licensed to engage in the practice of
engineering under the laws of the province in which they practise; (ee) "rated capacity" means the maximum
load that equipment can handle or support safely, including, where applicable,
in a given operational position or configuration, without regard to
environmental conditions; (ff) "safety data sheet" has the same
meaning as in section 2 of the Hazardous Products Act (Canada); (gg) "specialized dive physician" means a
physician who is licensed to practise medicine in Canada and (i) meets the competencies of a Level 3 Physician
set out in CSA Group standard Z275.4, "Competency standard for diving, hyperbaric chamber, and remotely
operated vehicle operations", or (ii) possesses a diploma in hyperbaric medicine
with a focus on diving medicine from the Royal College of Physicians and
Surgeons of Canada and has completed training in saturation diving medicine
that is recognized by that College; (hh) "standard first aid certificate"
means a certificate evidencing the holder's successful completion of a training
program whose curriculum conforms to the curriculum for intermediate first aid
set out in CSA Group standard Z1210, "First aid training for the workplace - Curriculum and quality
management for training agencies" or, in the case of marine
crew on a vessel, whose curriculum conforms to Chapter 3 of the federal Department
of Transport publication TP 13008, "Training Standards for Marine First Aid and Marine Medical Care"; (ii) "threshold limit value" means the
threshold limit value established for a substance or agent by the American
Conference of Governmental Industrial Hygienists in its publication "TLVs and BEIs: Based on the Documentation of
the Threshold Limit Values for Chemical Substances and Physical Agents &
Biological Exposure Indices"; (jj) "work area" means the specific area
in which an employee carries out their tasks; and (kk) "work permit" means a permit
referred to in section 53. (2) In Part III.1 of the Act (a) "diving operation" means any work or
activity related to a dive, including any work or activity involving a diver or
carried out by a person assisting a diver, that takes place from the start of
pressurization or descent to the end of depressurization or ascent; (b) "incident" means an event that
resulted in any of the following occurrences or in which any of the following
occurrences was narrowly avoided: (i) death, (ii) serious
injury within the meaning of subsection 201.14(5) of the Act, (iii) missing person, (iv) fire or explosion, (v) collision, (vi) exposure to a hazardous substance in excess of
the threshold limit value or biological exposure index for that substance, (vii) impairment of any structure, facility,
equipment or system critical to the safety of persons, or (viii) implementation of emergency response
procedures. (3) In these regulations, any incorporation by
reference of a document is an incorporation by reference of that document as
amended from time to time. (4) Notwithstanding subsection (3), if a document
that is incorporated by reference is available in both official languages, any
amendment to it is incorporated only when the amended version is available in
both official languages. Inconsistency or conflict 3. (1) In the event of an
inconsistency or conflict among provisions of these regulations, including
those that incorporate documents by reference, the provision that imposes the
most stringent requirement applies. (2) In the event of an inconsistency between an
obligation imposed by these regulations and an obligation in respect of
occupational health and safety that is imposed by the Offshore Petroleum Installations Newfoundland and Labrador Regulations
or the Offshore Petroleum Drilling and
Production Newfoundland and Labrador Regulations, 2009, these regulations
prevail, regardless of whether the obligations are imposed on the same person. PART
II Occupational health and safety policy 4. The occupational health
and safety policy referred to in section 201.8 of the Act shall contain (a) the commitment of the operator to cooperate
with any committee or coordinator, as the case may be, with regard to health
and safety; and (b) an overview of the duties of all persons under
Part III.1 of the Act. Occupational health and safety management system 5. (1) The occupational
health and safety management system referred to in section 201.12 of the
Act shall set out procedures for (a) setting goals for the improvement of workplace
health and safety, identifying specific targets against which the attainment of
those goals is to be measured and reviewing those goals and targets at least
annually; (b) ensuring that employees are (i) competent persons in respect of all tasks to
be carried out by them, (ii) kept aware of activities and occurrences that
may have an impact on their health or safety at the workplace, and (iii) supervised to ensure that they perform their
duties safely; (c) ensuring that the most recent versions of all
documents associated with the system are readily available to all persons at
the workplace; (d) collecting, managing and analyzing data with
respect to occupational health and safety, including hazards, occupational
disease, accidents, incidents and other hazardous occurrences, and identifying
trends in that data; and (e) keeping training and competency records in
respect of employees, including workplace committee members. (2) The audit referred to in paragraph 201.12(2)(g)
of the Act shall be carried out at as soon as practicable after each of the
following occurrences and, in any event, at least once every 3 years: (a) any change of circumstances that may affect
the health and safety of persons at the workplace; (b) a health and safety officer provides to the
operator a report under subsection 201.71(1) of the Act indicating
non-compliance with Part III.1 of the Act; and (c) the making by a health and safety officer of an
order under section 201.89 or 201.90 of the Act in relation to the
workplace. (3) The operator shall implement any improvements
identified during the audit referred to in paragraph 201.12(2)(g) of the
Act as soon as practicable. Occupational health and safety program and audit 6. (1) An occupational
health and safety program shall (a) set out procedures for ensuring that all
employees at the workplace comply with the program and with Part III.1 of the
Act and all regulations made under that Part; (b) set out procedures for ensuring that employees
are competent persons in respect of all tasks to be carried out by them and are
kept aware of activities and occurrences that may have an impact on their health
or safety at the workplace; (c) set out procedures for keeping training and
competency records in respect of employees; (d) set out procedures for keeping records
necessary for the auditing of the program; (e) set out procedures and schedules that conform
to paragraph 201.16(1)(p) of the Act for carrying out inspections for the
purpose of hazard identification; (f) prioritize the implementation of hazard
control measures in the following order: (i) measures that involve the elimination of
hazards, (ii) measures that involve the selection of less
hazardous means of carrying out work and activities, (iii) measures that involve the use of engineering
controls to reduce the risks posed by hazards, (iv) measures that involve the use of
administrative controls to reduce the risks posed by hazards, and (v) measures that involve protection from the
effects of hazards; (g) identify the persons responsible for
implementing hazard control measures, including after an occupational disease,
accident, incident or other hazardous occurrence; (h) set out procedures for (i) the reporting of hazards by persons at the
workplace to the employer, and (ii) the reporting, by the employer to a committee
or to the coordinator, of hazards, occupational diseases, accidents, incidents,
other hazardous occurrences and failures to comply with the provisions of Part
III.1 of the Act, the regulations made under that Part or the occupational
health and safety requirements of any authorization issued in relation to the
workplace; (i) set out procedures for the prompt
investigation of occupational diseases, accidents, incidents and other
hazardous occurrences to determine their root cause and identify any actions
that are necessary to prevent their reoccurrence; and (j) set out procedures for implementing corrective
and preventive measures following an occupational disease, accident, incident
or other hazardous occurrence and verifying the effectiveness of those
measures. (2) The audit referred to in paragraph 201.17(2)(h)
of the Act shall be carried out at as soon as practicable after each of the
following occurrences and, in any event, at least once every 3 years: (a) any change of circumstances that may affect
the health and safety of persons at the workplace; (b) any change made by the operator to its
management system; (c) a health and safety officer provides to the
employer a report under subsection 201.71(2) of the Act indicating
non-compliance with Part III.1 of the Act; and (d) the making by a health and safety officer of an
order under section 201.89 or 201.90 of the Act in relation to the workplace. (3) The employer shall implement any improvements
identified during the audit referred to in paragraph 201.17(2)(h) of the
Act as soon as practicable. Workplace committee 7. (1) A workplace
committee that establishes rules of procedure shall include among them (a) the quorum required for committee meetings; (b) the manner in which the committee will address
complaints or concerns of employees, work refusals, occupational diseases,
accidents, incidents and other hazardous occurrences that are reported to it; (c) a rule whereby a complaint or concern raised
with any committee member is to be considered a complaint or concern raised
with the committee as a whole; and (d) the time and manner in which complaints and
concerns are to be responded to and recommendations made under paragraph 201.40(5)(d)
of the Act. (2) A workplace committee shall, for the purpose
of paragraph 201.40(4)(d) of the Act, provide a copy of the minutes of its
committee meetings to any employee on request. Record keeping 8. All records that are
required under the Act to be kept and maintained shall be kept and maintained in
a manner that ensures their accessibility. Posting of documents 9. (1) The period for
which an operator or employer, as the case may be, shall ensure that a document
is posted under paragraph 201.94(4)(a) of the Act is at least
45 days. (2) Where a decision or order is appealed under
subsection 201.97(1) of the Act, the operator or employer, as the case may
be, shall ensure that all related documents referred to in paragraphs 201.94(1)(a)
to (d) of the Act remain posted until the 45th day after the day on
which the decision or order is revoked, confirmed or varied under
subsection 201.97(6) of the Act. PART
III Report to supervisor or employer 10. An employee who becomes
aware of an occupational disease or an accident, incident or other hazardous
occurrence at the workplace shall, without delay, report it to their supervisor
or their employer, orally or in writing. Report to employer with control 11. A supervisor to whom or
employer to which, where that employer does not have control over the workplace,
an occupational disease, accident, incident or other hazardous occurrence is
reported under section 10 shall, without delay, report it to the employer with
control over the workplace, orally or in writing. Employer obligations 12. An employer that becomes
aware of an occupational disease or an accident, incident or other hazardous
occurrence at a workplace under its control shall, without delay, (a) take all measures necessary to ensure the
health and safety of all persons at the workplace; and (b) provide to the operator, in writing, a brief
description of the occupational disease, accident, incident or other hazardous
occurrence, including the name of any affected persons and, where applicable,
the date on which and the time and location at which it occurred. Notification of chief safety officer 13. An operator that is
required under subsection 201.14(1) of the Act to notify the chief safety officer
of an occupational disease, accident, incident or other hazardous occurrence shall
do so in writing. Investigation 14. (1) An operator that
is required, under subsection 201.14(2) of the Act, to investigate an
occupational disease, accident, incident or other hazardous occurrence shall
obtain, within 14 days after the day on which it becomes known to the operator,
a report, prepared by a competent person and accompanied by supporting
documentation, that sets out, in respect of the disease, accident, incident or
other occurrence and to a level of detail that is proportional to its actual or
potential severity, (a) in the case of an accident, incident or other
hazardous occurrence, the date on which and the time and location at which it occurred; (b) the name of the affected employee, if any; (c) a description of it and of any resulting
symptoms or injury; (d) a description of the treatment provided, if
any; (e) its causal factors and root causes; (f) other information relevant to its nature or
impact; and (g) corrective and preventive measures that could
be taken to prevent a similar situation from reoccurring. (2) The operator shall submit a copy of the report
and supporting documentation without delay to (a) the workplace committee or the coordinator, as
the case may be; and (b) the chief safety officer. (3) Where the operator becomes aware of new
information that may result in a material change to the report, the operator shall
obtain an updated report and supporting documentation and submit a copy without
delay to the persons referred to in paragraphs (2)(a) and (b). (4) For the purpose of subsection 201.14(2)
of the Act, (a) the records that an operator shall keep
include all reports obtained under subsection (1) or (3) and their supporting
documentation; and (b) the period for which each record shall be
retained is (i) 40 years from the day on which it is
made, where it relates to an occupational disease or exposure or potential
exposure to a hazardous substance in excess of the threshold limit value or
biological exposure index for that substance, (ii) 10 years from the day on which it is
made, where it relates to an incident other than the exposure or potential
exposure referred to in subparagraph (i), or (iii) 5 years from the day on which it is made, where
it relates to any other accident or hazardous occurrence. PART
IV Provision of general training 15. The training that an
employer shall provide to each of its employees includes (a) before the employee is first transported to a
workplace and then as necessary to ensure the training remains valid for the
duration of the employee's employment at the workplace, (i) an offshore survival training program
appropriate to the workplace location and to the means of transportation to be
used to transport the employee to and from the workplace, (ii) training on the legislation applicable to
occupational health and safety, including the rights of employees and the
duties of operators, employers, supervisors and employees, and (iii) training on hydrogen sulfide safety, where
hydrogen sulfide may be present at the workplace; and (b) without delay on the employee's arrival at a
workplace at which they have not been present in the previous 6 months and
before they perform any work there, (i) an orientation to the hazards and emergency
procedures at the workplace, (ii) training in respect of any emergency duties
that may be assigned to them at the workplace, and (iii) where the workplace is a marine installation
or structure that is equipped with lifeboats, practice in boarding a lifeboat
and securing themselves on a seat. Competent person 16. An employer shall ensure
that all instruction and training that it is required to provide under the Act
is developed by and, where applicable, delivered by a competent person. Records 17. An employer shall retain
records of all instruction and training provided under the Act for (a) at least 5 years after the day on which the
person to whom the instruction or training is provided ceases to be employed at
any of the employer's workplaces; or (b) where the person to whom the instruction or
training is provided is not an employee of the employer, at least 5 years after
the instruction or training is provided. PART
V Emergency response plan 18. (1) An employer shall,
for every workplace under its control that is a marine installation or
structure and having regard to the risk assessment carried out by it for the
purpose of the occupational health and safety program, develop, implement and
maintain a written emergency response plan in preparation for any reasonably
foreseeable emergency that might compromise the health and safety of persons at
that workplace or at any other workplace under its control that is a workboat
or dive site associated with the marine installation or structure. (2) The emergency response plan shall (a) indicate the maximum number of persons who can
safely occupy the workplace; (b) indicate the minimum number of persons needed
at the workplace to be able to maintain safe operations in the event of an
emergency; (c) set out procedures for ensuring that the
personnel on board list, which sets out the total number of persons at the
workplace each day and the name, position, employer and, where applicable,
cabin number of each, is kept up to date; (d) set out the name and contact information of
the operator, where the operator is not the employer with control over the
workplace; (e) provide for the establishment of emergency
response teams; (f) set out the name, position and contact
information, including the usual location, of each person responsible for
overseeing the emergency response teams and the implementation of emergency
response procedures, as well as the name, position and contact information of
those persons' delegates; (g) set out the duties of employees, including
members of the emergency response teams, and the procedures to be followed by
all persons during an emergency; (h) indicate the muster station or other location
where each employee is required to report during an emergency; (i) identify the system to be used for counting
employees at each muster station and determining which employees, if any, are
missing; (j) include a description of all emergency alarm
signals that may be used, including how the order to abandon is to be given; (k) set out contact information for obtaining a
means of transportation to be used to evacuate the workplace; (l) identify and set out contact information for
all emergency response entities, and other entities operating nearby, that
could render assistance in the event of an emergency; (m) include verified drawings of the layout of the
workplace that clearly identify the person who verified them, indicate the scale
of the drawings and show (i) the location of all exits, fire escapes,
stairways, elevators, corridors and other exit routes, (ii) the location of all muster stations, temporary
refuge areas, evacuation stations and other locations where lifeboats and life
rafts are stored, (iii) the location, quantity and type of all
equipment that may be used or worn in implementing emergency response
procedures, (iv) the location of manual emergency shutdown and
activation devices for all safety critical systems, (v) the location, quantity and type of all
emergency communications equipment, (vi) the location of all first aid stations,
medical rooms and casualty clearing areas, and (vii) the location of all designated hazardous
substance storage areas; and (n) identify all resources necessary for the
plan's implementation. (3) The employer shall ensure that a copy of the
emergency response plan is made readily available to all employees at the
workplace. (4) Where an employer has employees at a workplace
not under its control, it shall ensure that those employees comply with (a) the duties and procedures set out in the
emergency response plan developed by the employer with control over the
workplace; or (b) emergency duties and procedures that the
employer has ensured are aligned with those referred to in paragraph (a). Posting of information 19. An employer shall ensure
that the following items are posted in the specified locations, separately from
the emergency response plan, at each workplace under its control that is a
marine installation or structure: (a) a station bill containing the information
referred to in subsection 7(1) of the Fire and Boat Drills Regulations (Canada)
as well as a description of any additional alarm signals, the membership of all
emergency response teams and the location of all evacuation stations (i) in conspicuous places on every deck, and (ii) on the bridge, where the workplace is a
vessel, or at the location where the installation manager referred to in
section 189.2 of the Act is expected to be during an emergency, where the
workplace is not a vessel; (b) the personnel on board list referred to in
paragraph 18(2)(c), at the applicable location referred to in subparagraph
(a)(ii); and (c) a drawing identifying all emergency escape
routes from the location at which it is posted (i) at conspicuous locations around the workplace,
and (ii) in every person's sleeping quarters. Instruction and training 20. The instruction and
training that an employer shall provide to each of its employees includes (a) training in the procedures to be followed by
the employee in the event of an emergency; and (b) instruction on the location of any emergency
and fire protection equipment that the employee may be reasonably expected to
use and training in the use of that equipment. Means of evacuation 21. An employer shall ensure,
with respect to each workplace under its control that is a marine installation
or structure, that (a) all muster stations, escape routes, exits,
stairways and any other means of evacuation are maintained in serviceable
condition and, to the extent feasible, are accessible and ready for use at all
times; (b) all exits to the exterior, muster stations and
evacuation stations are clearly identified by illuminated signs or otherwise
clearly visible in all conditions; and (c) all escape routes are clearly identified with
light-reflecting or illuminated markings. Emergency equipment 22. (1) An employer shall
ensure that the location of all equipment to be used or worn in implementing
emergency response procedures at each workplace under its control is clearly
identified with light-reflecting or illuminated signs. (2) An employer shall provide, in all sleeping
quarters at a workplace under its control, a readily available grab bag for
each person assigned to the sleeping quarters containing a smoke hood,
heat-resistant gloves and a portable light source to enable the person to reach
muster stations, temporary refuge areas and evacuation stations in conditions
of fire, intense heat or smoke. (3) An employer shall ensure that the emergency
escape breathing devices or respirators that it provides in accordance with
paragraph 46(a) are provided in appropriate quantities and at appropriate locations
at the workplace to facilitate escape, having regard to (a) the maximum number of persons who may be at
the workplace; (b) how those persons are generally distributed
among various areas at the workplace; and (c) the configuration of the workplace and the potential
for a person's ability to move within it to be impeded by hazards arising from the
situation that requires escape or from the escape itself. (4) An employer shall ensure that the immersion
suits that it provides in accordance with paragraph 46(b) are provided in
appropriate quantities and sizes and at appropriate locations at the workplace to
facilitate abandonment, having regard to (a) the maximum number of persons who may be at
the workplace; (b) how those persons are generally distributed
among various areas at the workplace; (c) those persons' sizes; and (d) the configuration of the workplace and the potential
for a person's ability to move within it to be impeded by hazards arising from
the situation that requires abandonment or from the abandonment itself. (5) Notwithstanding subsection (4), the employer shall
provide the following minimum number of immersion suits: (a) in the case of a workplace that is a marine
installation or structure used for drilling or production or as a living
accommodation, (i) where it is normally attended, 2 immersion
suits for each person at the workplace, including one in the person's sleeping
quarters, and (ii) where it is normally unattended, one immersion
suit for each person at the workplace; (b) in the case of a workplace that is a marine
installation or structure used for construction, diving or geotechnical or
seismic work, one immersion suit for each person at the workplace, plus 2
additional suits in each of the bridge and the engine control room; and (c) in the case of any other workplace, one
immersion suit for each person at the workplace. Emergency alert system 23. An employer shall ensure
that each workplace under its control that is a marine installation or
structure is equipped with a public address and alarm system that is audible or
visible, as the case may be, in all areas of the workplace where a person may
be present and is to be used to warn persons where (a) the workplace has to be evacuated; (b) a fire is detected; (c) there is a malfunction of a mechanical ventilation
system provided for an area where toxic or combustible gases may accumulate to
hazardous levels; (d) there is a person overboard; or (e) there is any other threat to the health or
safety of persons at the workplace. Emergency power source 24. An employer shall ensure
that each workplace under its control that is a marine installation or
structure is equipped with an emergency power source that is sufficient to
operate the following to the degree necessary to allow for safe occupancy of or
egress from the workplace in the case of a failure of the main power system: (a) the public address and alarm system; (b) the emergency lighting system; (c) internal and external communications systems;
and (d) light and sound signals marking the location of
the workplace. Emergency descent control 25. (1) An employer shall
provide, on each derrick or other elevated part of a workplace under its
control that is a marine installation or structure, where there is only one usual
means of escape from that location, a device that would allow a person to
descend from the location by another means at a controlled speed in an
emergency. (2) The device shall be capable of being operated notwithstanding
the loss of the main source of power. (3) The employer shall ensure that written
instructions for operating the device are kept in a conspicuous place near the
location where the device is stored. Fire and explosion 26. (1) Fire and
explosion are prescribed risks for the purpose of paragraph 201.17(2)(a)
of the Act and an employer shall ensure that each workplace under its control
is designed, constructed, arranged and maintained to minimize those risks. (2) The occupational health and safety program in
respect of a workplace that is a marine installation or structure shall
identify (a) all areas at the workplace, as classified
according to a comprehensive and documented classification system, in which
flammable, explosive or combustible substances are or are likely to be present
in sufficient quantities and for sufficient periods of time to require special
precautions to be taken in the selection, installation or use of machinery and
electrical equipment to prevent a fire or explosion; and (b) the precautions applicable to those areas. (3) The employer with control over the workplace shall
ensure that signs are posted in conspicuous places at each of the areas
referred to in subsection (2), identifying them as areas in which there is a
risk of fire or explosion. (4) The employer shall ensure that a person does
not use an open flame or other source of ignition in an area referred to in
subsection (2) unless they are carrying out hot work in accordance with
Part XXVI. (5) An employer shall ensure that any temporary or
portable heating equipment that is used at a workplace under its control is
located, protected and used in a manner that prevents the equipment from being
overturned or damaged and any combustible materials in the vicinity from
igniting. Firefighting equipment 27. An employer shall equip
each workplace under its control with the firefighting equipment that is
appropriate for that type of workplace and all classes of fire that may occur
there. Fire team equipment 28. (1) The personal
protective equipment that an employer with control over a workplace that is a
marine installation or structure shall provide to each of its employees, and
any other individual at the workplace, who is tasked with fighting fires
includes (a) a self-contained breathing apparatus with 2
full spare cylinders that (i) is selected and maintained in accordance with
CSA Group standard Z94.4, "Selection,
use, and care of respirators", (ii) conforms to the design and performance
requirements in National Fire Protection Association Standard NFPA 1981, "Standard on Open-Circuit Self-Contained
Breathing Apparatus (SCBA) for Emergency Services", and (iii) is equipped with a personal distress alarm
device; (b) life safety ropes, belts and harnesses that
conform to the design and performance requirements in National Fire Protection
Association Standard NFPA 1983, "Standard on Life Safety Rope and Equipment for Emergency Services",
with the provisions of that standard pertaining to flame resistance being read
as mandatory; and (c) personal protective clothing, including boots,
gloves, helmet and visor, coat and trousers, that conforms to the design and
performance requirements in National Fire Protection Association Standard
NFPA 1971, "Standard on
Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting". (2) The employer shall also provide, (a) to each employee referred to in subsection
(1), (i) a portable electric safety lamp that can be
easily attached to the employee's clothing and will operate safely in
anticipated conditions for at least 3 hours, and (ii) an axe with an insulated handle and carrying
belt; and (b) to the fire team as a whole, at least 2 two-way
portable radiotelephone apparatus that are designed not to produce any spark or
other source of ignition. (3) Notwithstanding subsection (1) and paragraph
(2)(a), where a workplace is a ship used for construction or diving or for
geotechnical or seismic work, the employer may instead provide fire-fighter's
outfits that conform to the International Maritime Organization's "International Code for Fire Safety Systems". (4) The number of sets of equipment referred to in
subsections (1) and (2) or fire-fighter's outfits referred to in subsection
(3), as the case may be, that the employer shall provide at the workplace, and
their sizing, where applicable, is to be determined having regard to the risk
assessment carried out by the employer for the purpose of the occupational
health and safety program. (5) Notwithstanding subsection (4), the number of
sets of equipment or outfits, as the case may be, that the employer shall
provide is at least (a) 4, where the workplace is a ship used for
construction or diving or for geotechnical or seismic work; or (b) 10, in any other case. (6) The employer shall ensure that the equipment
provided in accordance with this section is kept ready for use and stored in a
place that is easily accessible, with at least 2 sets of equipment or 2
outfits, as the case may be, being easily accessible from the helicopter deck,
if any, of the marine installation or structure. Falls into ocean 29. The risk of a person at a
workplace falling into the ocean is a prescribed risk for the purpose of
paragraph 201.17(2)(a) of the Act and the employer with control over that
workplace shall (a) provide appropriate life-saving appliances and
ensure they are held in readiness; (b) ensure that a competent person is readily
available at all times to operate the life-saving appliances; and (c) ensure that a fast rescue boat that meets the
requirements of Chapter V of the LSA Code is provided, or available from a
standby vessel that is no more than 500 metres away, and held in readiness. Emergency drills and exercises 30. (1) An employer shall
establish, for each workplace under its control that is a marine installation
or structure and having regard to the risk assessment carried out by it for the
purpose of the occupational health and safety program, a plan that describes
the emergency drills and exercises that shall be conducted at the workplace in
relation to various scenarios and sets out the frequency with which they shall
be conducted. (2) Notwithstanding subsection (1), the employer shall
ensure that (a) a drill to practise mustering is conducted at
least once a week; (b) a fire drill is conducted at least once a
month; (c) a drill to practise escape to the location of
lifeboats or life rafts in preparation for abandonment of the workplace is
conducted at least once a month; (d) where the workplace is equipped with
lifeboats, (i) each employee participates, at least once
every 6 months, in a drill that requires them to board a lifeboat while wearing
an immersion suit and to secure themselves on a seat, and (ii) where feasible, a lifeboat launching drill is
conducted annually to test the integrity and operation of the lifeboats and
launching equipment; and (e) all drills and exercises are repeated as soon
as practicable after any significant change to the emergency plan or to the
work or activities carried out at the workplace with respect to which an
authorization has been issued. (3) Where compliance with subparagraph (2)(d)(ii)
is not feasible, the employer shall ensure that additional inspections and
testing of all components that would otherwise be tested by the launching drill
are carried out in consultation with the lifeboat manufacturer and with the
prior approval of the chief safety officer. (4) The employer shall schedule drills and
exercises to ensure the equitable participation of all employees, regardless of
their shift or rotation. (5) The employer shall ensure that any person
visiting the workplace who has not participated in the emergency drills or
exercises is accompanied throughout the visit by someone who has done so. (6) The employer shall keep a record of all
emergency drills and exercises conducted that contains (a) the date on which and the time at which the
drill or exercise was conducted; (b) a description of the drill or exercise
scenario; (c) a list of all persons who participated in the
drill or exercise; (d) the length of time taken to complete the drill
or exercise, including the length of time to achieve a full muster; and (e) observations regarding the execution of the
drill or exercise and opportunities for improvement. (7) The employer shall retain the records referred
to in subsection (6) for at least 3 years after the day on which the drill or
exercise is carried out. PART
VI Operator's obligations 31. An operator shall ensure
that (a) a physician who has specialized knowledge in
the treatment of illnesses and injuries that may arise at the workplace is
readily available at all times to provide medical advice, remotely from a
location in the province, to any medic or first aider at the workplace and to
be transported to the workplace, where necessary, to provide medical care,
unless the workplace has a medic who is a physician with that knowledge; (b) an emergency medical evacuation service is
available at all times for transporting an injured or ill person from the
workplace to a hospital onshore using a means of transportation that (i) is equipped with appropriate first aid and
medical supplies, (ii) is capable of accommodating and securing an
occupied stretcher, and (iii) has one or more competent persons available on
board to provide first aid or medical care to the injured or ill person during
transportation; and (c) persons at the workplace have a means of
quickly summoning the emergency medical evacuation service. Employer obligations 32. (1) An employer with
control over a workplace shall (a) when assessing the risk of illness or injury
at the workplace for the purpose of the occupational health and safety program,
consult with a medic, where one is required at the workplace, and take into
account (i) the location of the workplace and the expected
delay in obtaining emergency medical services, (ii) the layout of the workplace, and (iii) environmental factors, including thermal
considerations; (b) develop, in consultation with a medic, where one
is required at the workplace, and with a specialized dive physician, where a
dive project is to be carried out from the workplace, a written medical
emergency response plan that addresses all reasonably foreseeable emergencies
at the workplace and takes into account the location of the workplace, the time
of year at which the work is to be carried out, the expected number of persons
at the workplace during normal operations and the workplace's maximum capacity; (c) determine, in consultation with a medic, where
one is required at the workplace, and with a specialized dive physician, where
a dive project is to be carried out from the workplace, the type and quantity
of first aid and medical supplies and equipment, medication and facilities
needed to respond to all reasonably foreseeable injuries and illnesses at the
workplace and ensure that those supplies, that equipment, those medications and
those facilities are provided, maintained, replenished and replaced as
necessary; (d) establish and make readily available to all
persons at the workplace written procedures for promptly obtaining first aid or
medical care for any injury or illness, including procedures to follow while
awaiting that care; (e) keep a diagram indicating the location of all
first aid kits and medical rooms conspicuously posted at the workplace; (f) keep an up-to-date list of telephone numbers
for use in emergencies conspicuously posted near every fixed telephone at the
workplace; (g) keep a list of all medics and first aiders who
are present at the workplace, as well as information on how and when they may
be contacted and where they may be located, conspicuously posted in every
medical room at the workplace; (h) keep a list of all medics who are present at
the workplace, or, where a medic is not required, of the first aiders who hold
the highest level of first aid certificate held by any first aider at the
workplace, as well as information on how and when they may be contacted and
where they may be located conspicuously posted (i) on the bridge, where the workplace is a
vessel, or (ii) at the location where the installation manager
referred to in section 189.2 of the Act is expected to be during an
emergency, where the workplace is not a vessel; and (i) ensure that the number of first aiders and
medics set out in columns 2 to 4 of the following table that correspond to the
number of persons at the workplace set out in column 1 are present at the
workplace and readily available to provide prompt and appropriate first aid or
medical care to persons at the workplace:
(2) The first aid supplies referred to in
paragraph (1)(c) shall include first aid kits that (a) conform to CSA Group standard Z1220, "First aid kits for the workplace"; (b) contain only the supplies necessary for
rendering first aid, which are maintained in a clean, dry and serviceable
condition; (c) are inspected at least monthly; and (d) are clearly identified by conspicuous signs
and readily accessible at various locations throughout the workplace. (3) Where the workplace is a marine installation
or structure, the first aid equipment referred to in paragraph (1)(c) shall
include (a) at least one automated external defibrillator
in a common area accessible to all persons at the workplace; and (b) additional automated external defibrillators
in the quantities and locations that are necessary, having regard to the risk
assessment carried out by the employer for the purpose of the occupational
health and safety program. (4) Where the workplace is a marine installation or
structure, the facilities referred to in paragraph (1)(c) shall include a
medical room (a) whose location is clearly identified by
conspicuous signs; (b) that is supervised by a medic or, where a
medic is not required at the workplace, a first aider who holds the highest
level of first aid certificate held by any first aider at the workplace; (c) whose location and design allow patients on
stretchers to be easily transported to it from other locations at the workplace
and from it to any deck from which patients may be transported from the
workplace; (d) that allows for optimum ease of access to
persons carrying a patient on a stretcher; (e) that is maintained in an orderly and sanitary
condition and in which all surfaces are easily cleaned and disinfected; (f) that contains or is located adjacent to a
washroom; (g) that contains (i) a rectangular treatment table that is
accessible from both long sides and at least one short side, (ii) a medical lamp with an adjustable arm, (iii) a means of securing a stretcher in place when it
is occupied by a patient, (iv) a handwashing facility supplied with running
hot and cold water, (v) a hand-held shower head that can easily reach
the patient, (vi) a storage cupboard and counter, (vii) a separate cubicle or curtained-off area with
a cot or bed equipped with a moisture-protected mattress and 2
moisture-protected pillows, (viii) a table and at least 2 chairs, (ix) a lockable medical chest or cabinet, (x) a waste receptacle and a means of safely
disposing of biohazards and sharp objects, (xi) sufficient electrical outlets of the
appropriate voltage for the equipment to be used in the room, and (xii) all other medical supplies and equipment that
are determined to be necessary under paragraph (1)(c); (h) in which information is accessible regarding (i) first aid procedures in respect of any
reasonably foreseeable injury or illness at the workplace, (ii) all hazardous substances at the workplace,
including the procedures for treating exposure to them and, in the case of
hazardous products, their safety data sheets, if any, or other documents
containing hazard information in respect of them, and (iii) procedures for transporting injured or ill
persons within and from the workplace; and (i) that contains an effective means of hands-free
electronic communication with the physician referred to in paragraph 31(a)
and other emergency contacts, as well as an up-to-date list of the names and
contact information of those persons for use in emergencies. Medics 33. (1) An employer may
designate a person as a medic where that person (a) has experience with helicopter or fixed-wing
aircraft evacuation for medical purposes; (b) holds an advanced cardiac life support
certificate or basic cardiac life support instructor's certificate issued by an
entity that bases its training on International Liaison Committee on
Resuscitation guidelines; and (c) meets one of the following requirements: (i) they hold a licence to practise medicine in
Canada and have at least 2 years' clinical experience in intensive care or
emergency practice, (ii) they hold a registered nursing certificate
recognized by a provincial regulatory body and have at least 2 years' clinical
experience in intensive care or emergency practice, or (iii) they hold an advanced care paramedic
certificate or critical care paramedic certificate issued by a college in
Canada and have at least 3 years' experience as an advanced life support
provider. (2) The designation under subsection (1) shall be
made in writing. (3) The employer shall not assign to the medic any
other duties that will interfere with the prompt and adequate provision of
first aid and medical care. (4) When providing first aid or medical care to an
injured or ill person, a medic (a) shall not be overruled by anyone other than
the physician referred to in paragraph 31(a); and (b) shall follow any directions given by the
physician referred to in paragraph 31(a). First aiders 34. (1) An employer shall
allow any first aider, and any other employee that the first aider needs for
assistance, to provide prompt and adequate first aid to an injured or ill
person and ensure that they have adequate time to do so, with no loss of pay or
benefits. (2) When providing first aid to an injured or ill
person, a first aider (a) shall not be overruled by anyone other than a
physician, a medic or, where they hold a standard first aid certificate, a
first aider with an advanced first aid certificate; and (b) shall remain in charge of the person's care
until the first aid is complete or the person is under the care of a physician,
a medic or, where they hold a standard first aid certificate, a first aider
with an advanced first aid certificate. Treatment records 35. (1) A first aider or
medic who provides care to an injured or ill person or from whom treatment is
sought shall make and sign a record containing the following information: (a) the full name of the injured or ill person; (b) a brief description of the injury or illness, and
of the occurrence that gave rise to it, if any, including, as applicable, the
date on which and the time and location at which the injury or occurrence
occurred or the date on which and the time at which symptoms of the illness
were first experienced; (c) a brief description of any treatment provided
by the first aider or medic, including the date on which and time at which it
was provided; and (d) a brief description of any arrangements made
for the treatment or transportation of the injured or ill person. (2) The employer with control over the workplace
at which the record is made shall retain it, from the day on which the injury
or illness is first documented, for (a) 40 years, in the case of treatment for an
occupational disease or exposure to a hazardous substance; (b) 10 years, in the case of treatment for an
injury resulting from an incident, other than exposure to a hazardous substance,
or for a musculoskeletal injury, as defined in subsection 41(3); or (c) 5 years, in any other case. PART
VII Occupational health and safety program 36. An occupational
health and safety program shall set out measures for promoting mental health
and healthy lifestyles and shall address substance abuse, the effects on mental
health of working in a remote location and the management of mental illness. Impairment 37. (1) Impairment,
including as a result of fatigue, stress, injury, illness, another physical or
psychological condition, alcohol or drugs, is a prescribed risk for the purpose
of paragraph 201.17(2)(a) of the Act and an occupational health and safety
program shall (a) set out the roles and duties of all workplace
parties in identifying and preventing the consequences of impairment on the health
and safety of employees; (b) identify factors that may contribute to
impairment or its causes, such as work and workplace conditions, work
scheduling and task type and length; (c) require that the factors referred to in
paragraph (b) be regularly monitored at the workplace and taken into account,
in conjunction with incident reports, employee complaints, workplace committee
reports and records of excess work hours kept under paragraph (e) or
subsection 39(3), to identify any potential impairment; (d) require the development, maintenance and
implementation of an appropriate work shift design that allows adequate rest
periods; (e) require records to be kept of hours worked by
an employee beyond their usual shift or rotation; and (f) require that the risk of fatigue be taken into
account in developing all workplace procedures. (2) An employer shall ensure that no employee at a
workplace under its control is permitted to work where their ability to do so
is impaired in a manner that is likely to be hazardous to their health or
safety or that of any other person at the workplace. (3) Impairment shall be considered as a potential
causal factor in the investigation of all incidents at the workplace. Fatigue training 38. The instruction and
training that an employer shall provide to its employees includes instruction
and training on the factors that contribute to fatigue, procedures for
identifying and reporting fatigue and the role and duties of employees in
managing fatigue. Rest periods 39. (1) An employer shall
ensure that an employee does not work at a workplace under its control unless
they have been provided with a period of at least 11 consecutive hours of rest
in the previous 24 hours. (2) An employer may, in extenuating circumstances,
allow an employee to work without having had the rest period referred to in
subsection (1) where the employer has assessed the risk associated with the
employee working the extra hours and determined, in consultation with the
employee, that the work can be carried out without increased risk to their
health or safety. (3) Where an employer allows an employee to work
without having had the rest period referred to in subsection (1), the employer shall
ensure that a description of the work, the name of the employee, the hours
worked, the reason for the exception and the result of the risk assessment
referred to in subsection (2) are recorded. (4) Subsection (1) does not apply in the event of
an emergency at the workplace that may be hazardous to the health or safety of
employees. (5) Notwithstanding subsections (1) and (2), the
employer with control over a workplace for which an authorization has been
issued for a period of less than 6 months may alternatively comply, in respect
of the marine crew, with the daily hours of work and minimum rest requirements
outlined in the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers (STCW), 1978. Thermal stress 40. Thermal stress is a
prescribed risk for the purpose of paragraph 201.17(2)(a) of the Act and an
employer shall ensure, in respect of all persons at each workplace under its
control who may be exposed to heat or cold, that (a) their exposure is kept below the applicable
threshold limit value or action limit established by the American Conference of
Governmental Industrial Hygienists in its publication "TLVs and BEIs: Based on the Documentation of
the Threshold Limit Values for Chemical Substances and Physical Agents &
Biological Exposure Indices", as the case may be; (b) they are informed of the risk and advised of
measures to be taken to minimize their exposure to it; (c) they are regularly monitored for signs of
thermal stress; (d) they are provided with clothing and equipment
that offers protection against thermal stress; (e) screens or shelters are provided to protect
them against the elements, where applicable; (f) measures are taken to acclimatize them to
temperatures at the workplace; (g) hot or cold beverages, as the case may be, are
made available to them; and (h) work schedules, including rest periods, are
established having regard to thermal stress. Musculoskeletal injury 41. (1) Musculoskeletal
injury is a prescribed risk for the purpose of paragraph 201.17(2)(a) of
the Act and the procedures referred to in that paragraph shall include an
assessment, in consultation with the following persons, of the extent to which
that risk is associated with each type of work carried out at the workplace: (a) a representative sample of employees who are
required to carry out that type of work; and (b) employees who have signs or symptoms of musculoskeletal
injury. (2) The employer shall ensure that interim hazard
control measures are implemented without delay after the risks of
musculoskeletal injury are assessed and permanent measures, determined with
regard to the parameters established by the American Conference of Governmental
Industrial Hygienists in its publication "TLVs and BEIs: Based on the Documentation of the Threshold Limit Values
for Chemical Substances and Physical Agents & Biological Exposure Indices",
are implemented as soon as practicable. (3) In this section, "musculoskeletal
injury" means an injury to or disorder of the muscles,
tendons, ligaments, joints, nerves, blood vessels or related soft tissue,
including a sprain, strain or inflammation. Workplace violence and harassment 42. (1) Workplace
violence and harassment is a prescribed risk for the purpose of paragraph 201.17(2)(a)
of the Act and an employer shall develop and post at a place accessible to all
employees a policy setting out the employer's commitment to (a) provide a safe, healthy and violence and
harassment-free workplace; (b) dedicate sufficient attention, resources and
time to address factors that contribute to workplace violence and harassment; (c) communicate to its employees information in
its possession about the factors referred to in paragraph (b); and (d) assist employees who have been exposed to
workplace violence and harassment. (2) An occupational health and safety program shall (a) require that the assessment of the risk of
violence and harassment at the workplace take into account the nature of the
work carried out at the workplace, the conditions under which that work is
carried out and previous experiences at the workplace and other similar
workplaces; and (b) include procedures for (i) summoning immediate assistance in response to
violence that poses an immediate risk of physical injury, (ii) reporting incidents of workplace violence and
harassment to the employer or a supervisor, and (iii) investigating and addressing reports of
workplace violence and harassment. (3) The training that an employer shall provide to
each of its employees includes training on the factors that contribute to
workplace violence and harassment. (4) In this section, "workplace violence
and harassment" means any action, conduct or comment,
including of a sexual nature, that can reasonably be expected to cause offence,
humiliation or other physical or psychological injury or illness to an
employee. Disruptive behaviour 43. An employer shall
instruct all employees at each workplace under its control to refrain from
engaging in disruptive behaviour at the workplace that may be hazardous to
themselves or any other person. PART
VIII Employee obligations 44. (1) The personal
protective equipment that an employee shall use or wear for the purpose of
paragraph 201.24(b) of the Act includes, in respect of any hazard to which
they are exposed, all personal protective equipment that the employer or
operator provides to them for the purpose of preventing or reducing injury from
that hazard. (2) An employee shall ensure that any clothing
worn by them does not interfere with the proper functioning of any personal
protective equipment used or worn by them. Requirements 45. An employer shall ensure
that all personal protective equipment that it provides to its employees, or to
other individuals at a workplace under its control, (a) is designed to effectively protect the user or
wearer from the hazard for which it is provided; (b) is selected having regard to any other hazards
in the work area in which it is intended to be used or worn; (c) does not create a hazard when used or worn for
the purpose for which it is provided; (d) is compatible with all other personal
protective equipment that the employer provides to be used or worn at the same
time, so that one item of equipment does not make another item ineffective; and (e) is maintained in good working order and in a
clean and sanitary condition. Prescribed equipment 46. The personal protective
equipment that an employer shall provide to its employees and other individuals
at a workplace under its control includes (a) where the workplace is a marine installation
or structure, (i) emergency escape breathing devices that
conform to the International Maritime Organization's "International Code for Fire Safety Systems" and
that, where they are to be used for escape from an atmosphere that is
immediately dangerous to life and health, (A) have a rated service time in excess of the
anticipated time needed to reach the nearest temporary safe refuge or muster
station, and (B) where they are multifunctional self-contained
breathing apparatuses or airline respirators, have an auxiliary self-contained
air supply with a rated service time in excess of the anticipated time needed
to allow for escape by way of the planned escape route and, in any event, of
not less than 15 minutes, or (ii) respirators for the purpose of escape that are
selected in accordance with CSA Group standard Z94.4, "Selection, use, and care of respirators"; (b) where the workplace is a marine installation
or structure, immersion suits that (i) conform to (A) Chapter II of the LSA Code and IMO Resolution
MSC.81(70), with the provisions of that Resolution being read as mandatory, or (B) Underwriters Laboratories standard ANSI/CAN/UL
15027-2, "Standard for Immersion Suits Part 2: Abandonment Suits,
Requirements Including Safety", and (ii) are appropriate for all expected environmental
conditions in the vicinity of the workplace, all situations that may require
emergency evacuation and the time it would take for rescue operations to reach
the area and complete a rescue; (c) where the workplace is a workboat, an
anti-exposure suit for each employee or individual that (i) conforms to Chapter II of the LSA Code and IMO
Resolution MSC.81(70), with the provisions of that Resolution being read
as mandatory, and (ii) is appropriate for all expected environmental
conditions in the vicinity of the workplace; (d) where the employee or individual is in the
vicinity of moving equipment or loads, personal protective clothing that
conforms to CSA Group standard Z96, "High-visibility safety apparel", other than the provisions
of that standard that pertain to marking, and that is selected in accordance
with that standard's annex on selection, which is to be read as mandatory; (e) where the employee or individual may be
exposed to a risk of head injury, protective headwear that conforms to CSA
Group standard Z94.1, "Industrial
protective headwear Performance, selection, care, and use",
other than the provisions of that standard that pertain to marking; (f) where the employee or individual may be
exposed to a risk of injury to the eyes, face, ears or front of the neck, eye
or face protectors that conform to CSA Group standard Z94.3, "Eye and face protectors", other
than the provisions of that standard that pertain to marking, and that are
compatible with any corrective lenses worn by the employee or individual; (g) where the employee or individual may be
exposed to a risk of foot injury or electric shock through footwear, protective
footwear that conforms to (i) CSA Group standard Z195, "Protective footwear", other than
the provisions of that standard that pertain to marking, (ii) ASTM International standard F2413, "Standard Specification for Performance
Requirements for Protective (Safety) Toe Cap Footwear", other than
the provisions of that standard that pertain to marking, or (iii) International Organization for Standardization
standard ISO 20345, "Personal
protective equipment - Safety footwear", other than the provisions
of that standard that pertain to marking; (h) where the employee or individual may be
exposed to noise levels exceeding the threshold limit value for sound, other
than while diving, personal protective equipment that conforms to and is
selected and maintained in accordance with CSA Group standard Z94.2, "Hearing protection devices - Performance,
selection, care, and use"; (i) where the employee or individual may be
exposed to a hazard from a type of gas that can be monitored with a personal
gas monitoring device, a device of that type that is explosion-proof and has
been calibrated in accordance with the manufacturer's instructions; (j) where the employee or individual may be exposed
to fire or radiated heat from fire, personal protective clothing that conforms
to the design and performance requirements set out in Canadian General
Standards Board standard CAN/CGSB 155.20, "Workwear for protection against hydrocarbon flash fire and optionally
steam and hot fluids", or in Chapter 7 of National Fire
Protection Association standard NFPA 2112, "Standard on Flame-Resistant Clothing for Protection of Industrial
Personnel Against Short-Duration Thermal Exposures from Fire"; (k) where the employee or individual may be
exposed to respiratory hazards, respiratory protective equipment that is (i) selected and maintained in accordance with CSA
Group standard Z94.4, "Selection, use, and care of respirators", and (ii) in the case of a pressure-demand
self-contained breathing apparatus that is to be used in atmospheres that are
immediately dangerous to life and health, equipped with an audible alarm that
sounds when the air supply has diminished to 33 percent of its capacity; (l) where the employee or individual may be
exposed to a risk of injury to or through the skin, an effective shield,
screen, cream, lotion or body covering; and (m) where the employee or individual is exposed to
a risk of falling into the water, (i) a life jacket that is appropriate for all
expected environmental conditions and conforms to Chapter II of the LSA Code
and IMO Resolution MSC.81(70), with the provisions of that Resolution being
read as mandatory, (ii) a personal flotation device that is
appropriate for all expected environmental conditions and (A) has been approved by the federal Minister of
Transport, the Canadian Coast Guard or the United States Coast Guard, (B) is appropriate for the weight of the person
who will wear it, (C) has sufficient buoyancy to keep the person's
head afloat, and (D) is capable of being inflated manually,
regardless of whether it is also equipped with automated inflation technology,
or (iii) a fall-arrest system as described in
paragraph 109(1)(d). Respiratory protective equipment 47. (1) An employer shall
ensure that any respiratory protective equipment that they provide to employees
or other individuals at a workplace under its control is used in accordance
with CSA Group standard Z94.4, "Selection, use, and care of respirators". (2) The employer shall ensure that any respiratory
protective equipment that supplies air is used only where (a) that air conforms to either CSA Group standard
Z180.1, "Compressed
breathing air and systems" or European Committee for
Standardization (CEN) standard EN 12021, "Respiratory equipment Compressed gases for breathing
apparatus"; and (b) the system that supplies the air is tested,
operated and maintained in accordance with CSA Group standard Z180.1, "Compressed breathing air and systems". Personal gas monitoring device 48. An employer shall ensure
that each personal gas monitoring device used at a workplace under its control
is bump tested before each use. Records 49. Notwithstanding
subsection 87(2), an employer shall retain the records referred to in
paragraph 87(1)(f) in respect of all personal protective equipment that
they provide for as long as the equipment is in service. PART
IX Transit by helicopter 50. (1) The information
and instruction that an operator shall, for the purpose of paragraph 201.11(1)(a)
of the Act, ensure is provided to each of the employees and other passengers
being transported on a helicopter to or from any of its workplaces includes (a) an overview of the helicopter's layout and
features, including the location of emergency exits and equipment, including
life rafts; (b) instruction on precautionary measures to be
taken when embarking and disembarking and while en route; (c) the role of passengers during emergencies,
including the means by which passengers may communicate directly with the pilot
to alert them of an emergency; (d) a demonstration of the donning and doffing of
the helicopter passenger transportation suit systems provided in accordance
with subsection (3) and instruction on the use of the emergency underwater
breathing apparatus provided in accordance with that subsection; and (e) instruction on escape and abandonment
procedures, including the use of the life rafts referred to in paragraph
(2)(b). (2) The equipment and devices with which an
operator shall, for the purpose of paragraph 201.11(2)(b) of the Act,
ensure that any helicopter going to or from any of its workplaces is equipped
includes (a) equipment that permits the helicopter's flight
path to be tracked at all times; and (b) life rafts, each of which is equipped with 2
position indicating devices, in sufficient numbers to accommodate all
passengers on board, having regard to the passengers' space requirements and
weight while wearing helicopter passenger transportation suit systems. (3) The personal protective equipment that an
operator shall, for the purpose of paragraph 201.11(3)(a) of the Act,
ensure is provided to each of the employees and other passengers on a
helicopter going to or from any of its workplaces includes (a) a helicopter passenger transportation suit
system and life preserver that conform to the "Airworthiness Manual" published by the federal Department
of Transport; and (b) an emergency underwater breathing apparatus (EUBA)
that conforms to the Canadian Aviation Regulations. (4) The training that an operator shall, for the
purpose of paragraph 201.11(3)(b) of the Act, ensure is provided to each
of the employees and other passengers on a helicopter going to or from any of
its workplaces includes (a) practice in donning and doffing the helicopter
passenger transportation suit system that is provided to them; and (b) the training referred to in
paragraph 602.66(1)(c) of the Canadian Aviation Regulations in respect of the emergency
underwater breathing apparatus that is provided to them. (5) The requirements to provide or wear a
helicopter passenger transportation suit system or emergency underwater
breathing apparatus or to provide training in their use do not apply in respect
of any passenger in respect of whom there is an exemption, under
subsection 5.9(2) of the Aeronautics Act (Canada), from the requirements
under the Canadian Aviation Regulations respecting the wearing
of a helicopter passenger transportation suit system or the use of an emergency
underwater breathing apparatus. Transit by vessel 51. (1) The information
and instruction that an operator shall, for the purpose of paragraph 201.11(1)(a)
of the Act, ensure is provided to each of the employees and other passengers
being transported on a vessel to or from any of its workplaces includes (a) an overview of the vessel's layout and
features, including the location of muster stations and emergency exits and
equipment, including lifeboats and life rafts; (b) the meaning of alarms; (c) instruction on precautionary measures to be
taken when embarking and disembarking and while en route; (d) the role of passengers during emergencies; (e) a demonstration of the donning and doffing of
the immersion suits provided in accordance with subsection (3); and (f) instruction on escape and abandonment
procedures, including the use of the lifeboats and life rafts referred to in
paragraph (2)(b). (2) The equipment and devices with which an
operator shall, for the purpose of paragraph 201.11(2)(b) of the Act,
ensure that any vessel going to or from any of its workplaces is equipped
includes (a) equipment that permits the vessel's path to be
tracked at all times; and (b) lifeboats or life rafts, each of which is
equipped with 2 position indicating devices, in sufficient numbers to
accommodate all passengers on board, having regard to the passengers' space
requirements and weight while wearing immersion suits and the maximum weight
capacity of the boats' or rafts' launching appliances. (3) The personal protective equipment that an
operator shall, for the purpose of paragraph 201.11(3)(a) of the Act,
ensure is provided to each of the employees and other passengers on a vessel
going to or from any of its workplaces includes a properly fitted immersion suit
that conforms to paragraph 46(b). (4) The training that an operator shall, for the
purpose of paragraph 201.11(3)(b) of the Act, ensure is provided to each
of the employees and other passengers on a vessel going to or from any of its
workplaces includes practice in donning and doffing the immersion suit that is
provided to them. Safe entry and exit 52. (1) An operator shall
establish procedures for safe entry to and exit from each of its workplaces
that is a marine installation or structure, including procedures respecting the
use of gangways and fast rescue boats to transfer persons between marine
installations and structures. (2) The procedures shall not permit the use of
swing ropes for entry to or exit from a marine installation or structure. PART
X Contents 53. (1) A work permit
that is required by these regulations shall be issued, in either paper or
electronic form, by a competent person designated by the employer with control
over the workplace at which the activity to which the work permit relates is
carried out and shall be approved by a second competent person designated by
that employer. (2) A work permit shall set out (a) the name of the person who issued it and the
person who approved it; (b) the name of each person to whom it is issued; (c) the periods during which the permit is valid; (d) the activity to which the permit relates, the
location at which the activity is to be carried out and any restrictions to
which it is subject; (e) any circumstances under which the activity is
to be carried out that may have an effect on the health and safety risks
associated with it, including (i) environmental conditions, (ii) impediments to the proper use of any equipment
or other thing, and (iii) other activities being carried out in the
area, with reference to any permit or certificate associated with those
activities; (f) work procedures, including those that apply to
a specific space, task, material, type of equipment or system, that are
developed having regard to the circumstances referred to in paragraph (e) and
are to be followed to minimize the health and safety risks associated with the
activity, including (i) any equipment, machine, device or system that is
required to be locked out, (ii) any tests that are required to be performed
before, during and after the activity, (iii) the particulars of any tags or signs to be
used, (iv) any protective equipment to be used, (v) the procedures to be followed in the case of
an emergency or any other change in the conditions in which the activity is
carried out, the persons involved or the equipment being used, and (vi) procedures for addressing any impediment to
the proper use of any equipment or other thing; (g) any other engineering and administrative
control measures in relation to the activity that are necessary for the health
and safety of persons at the workplace; (h) the identification number of any lock used in
a lockout referred to in subparagraph (f)(i); (i) the results of any tests referred to in
subparagraph (f)(ii), the date on which and time at which they were
performed and the signature of the person who performed them; and (j) any other information or documentation that is
necessary to ensure that all persons involved in the activity are informed of
the health and safety risks associated with it. (3) The work permit shall be signed by the person
who issued it, the person who approved it and every person involved in the
activity to which it relates, to certify that they have read and understood its
contents. Occupational health and safety program 54. An occupational health
and safety program shall address the issuance and use of work permits,
including (a) activities that require a work permit; (b) the work permit issuance process, including
roles and responsibilities in obtaining or issuing a work permit, having regard
to the nature of the activity to which the permit relates; (c) methods of assessing hazards; (d) methods of communicating information about
work permits to affected employees; (e) the instruction and training to be given to
employees with respect to work permits; and (f) record-keeping requirements in relation to
work permits. Employer obligations 55. (1) An employer shall
ensure that (a) every activity that requires a work permit and
is carried out at a workplace under its control is carried out in accordance
with a work permit; and (b) every work permit issued at a workplace under
its control is made readily available to employees for the duration of the
activity to which it relates. (2) An employer shall retain a copy of each work
permit issued at a workplace under its control for at least 3 years after the
day on which the activity to which it relates is completed. PART
XI Application 56. This Part applies in
respect of a workplace that is a marine installation or structure. Accommodations area 57. (1) An employer shall
ensure that the accommodations area at each workplace under its control (a) is constructed in a manner that allows it to
be easily cleaned and disinfected; (b) is constructed so that sleeping quarters are
not exposed to sound levels in excess of 70 decibels; (c) is equipped with adequate water and sewage
systems; (d) is equipped with adequate heating,
air-conditioning and ventilation systems that ensure that (i) its thermal conditions conform to
ANSI/American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE)
standard 55, "Thermal
Environmental Conditions for Human Occupancy", and (ii) its ventilation rate conforms to ANSI/ American
Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standard
62.1, "Ventilation for
Acceptable Indoor Air Quality"; and (e) is maintained in a clean and sanitary
condition and in good repair. (2) The employer shall ensure that equipment is not
stored in an accommodations area unless the equipment (a) is intended to be used in the accommodations
area; and (b) is stored in a closet that is provided for
that purpose and fitted with a door. Washrooms 58. (1) An employer shall
make available a sufficient number of washrooms for use by persons of all gender
identities at each workplace under its control, in locations conveniently
accessible from all work areas. (2) Where there are multiple toilets within a
washroom, the employer shall ensure that (a) each toilet is partitioned in a separate stall
with a solid, properly closing door and fastener to ensure privacy; and (b) where the washroom is for use by persons of
more than one gender identity, the partitions and doors extend from floor to
ceiling. (3) The employer shall ensure that all washrooms (a) contain handwashing facilities as described in
subsection 60(2); (b) are, on their floors and the lower 15 centimetres
of their walls and partitions, watertight, except for drains, and impervious to
moisture; (c) are adequately heated; (d) are adequately ventilated; (e) are maintained in a clean and sanitary
condition and in good repair; (f) are provided with a sufficient supply of
toilet paper; and (g) are provided with a waste receptacle with a lid. Portable toilet units 59. (1) Where the number
of washrooms at a workplace is not sufficient to accommodate the number of
persons at that workplace during its commissioning or decommissioning, the
employer with control over the workplace may satisfy its obligations under
subsection 58(1) by supplementing the available washrooms with portable
toilet units. (2) The employer shall ensure that all portable
toilet units (a) are supplied with (i) soap in a dispenser, clean water and disposable
towels, or (ii) hand sanitizer; (b) are emptied and serviced at regular intervals
in accordance with good hygiene practice; and (c) satisfy the requirements set out in
paragraphs 58(3)(d) to (g). Handwashing facilities 60. (1) An employer shall
make available a sufficient number of handwashing facilities for use by persons
at each workplace under its control, in locations conveniently accessible from
all work areas. (2) The employer shall ensure that all handwashing
facilities (a) have a supply of either clean hot and cold or
clean warm water; (b) are supplied with soap in a dispenser; (c) are supplied with individual clean and
sanitary towels or another suitable means of drying hands; and (d) are maintained in a clean and sanitary
condition and in good repair. Showers 61. (1) An employer shall
make available a sufficient number of showers for use by persons at each
workplace under its control. (2) The employer shall ensure that all showers (a) are designed for use by one person at a time, with
walls, partitions or curtains in place as necessary to ensure privacy; (b) have floors and walls that are watertight, except
for drains, and impervious to moisture; (c) have a supply of clean hot and cold water; (d) are supplied with individual clean and
sanitary towels; and (e) are maintained in a clean and sanitary
condition and in good repair. Changing facilities 62. An employer shall
provide, at each workplace under its control, a changing facility that (a) is located adjacent to a washroom; (b) is of sufficient size to allow employees to
change in and out of work clothing; (c) has, for each employee at the workplace who is
on rotation, a locker with sufficient capacity to store the employee's personal
clothing while they are working and their work clothing and equipment while they
are not working; (d) has sufficient capacity to allow for storage
of personal protective equipment belonging to off-rotation employees, where
there is insufficient storage available to those employees in their sleeping
quarters; and (e) contains a means of drying wet clothing. Sleeping quarters 63. (1) An employer shall
ensure that the sleeping quarters at each workplace under its control contain,
for each person assigned to those quarters, (a) a standalone bed or bunk (i) that has inner dimensions of at least 1.98 metres
by 80 centimetres, (ii) that is not part of a unit that is more than
double-tiered, (iii) whose bottom is at least 30 centimetres off
the floor, where it is a standalone bed or the lower bunk in a double-tiered
unit, or approximately midway between the bottom of the lower bunk and the
ceiling, where it is the upper bunk in a double-tiered unit, (iv) that is equipped with an access ladder and a
suitable barrier to protect against falls, where it is the upper bunk in a
double-tiered unit, (v) that can be easily cleaned and disinfected,
and (vi) that is supplied with clean and sanitary
bedding; (b) a storage area fitted with a locking device to
hold the employee's personal belongings; and (c) a reading lamp. (2) An employer shall, to the extent feasible,
assign each person at a workplace under its control their own sleeping quarters
with direct access to their own washroom containing a shower. (3) Where compliance with subsection (2) is not feasible,
the employer shall (a) assign no more than 2 persons to sleep in the
same sleeping quarters at the same time, unless a greater number is approved in
advance by the chief safety officer on a short-term basis; and (b) where the workplace is a marine installation
or structure used for drilling or production or as a living accommodation,
ensure that all persons have direct access from their sleeping quarters to a
washroom containing a shower and that no more than 2 sleeping quarters have
direct access to the same washroom. Dining area 64. An employer shall ensure
the provision, at each workplace under its control, of a dining area that is (a) of sufficient size to allow individual seating
and table space for each employee expected to be using the area at one time; (b) separated from any place containing a
hazardous substance that may contaminate food, dishes or utensils; (c) provided with waste receptacles; and (d) maintained in a clean and sanitary condition
and in good repair. Smoking areas 65. (1) It is prohibited
to smoke or use a vaping device at a workplace other than in an area designated
for that purpose by the employer with control over the workplace. (2) An employer shall select any area that it
designates as an area in which smoking or the use of a vaping device is
permitted having regard to (a) the area's proximity to fire and explosion
hazards; and (b) the need to prevent exposure of other persons
at the workplace to emissions, both directly from the product and as exhaled by
the user, from smoking or the use of a vaping device. (3) It is prohibited to smoke or use a vaping
device, even within a designated area, on the deck of a marine installation or
structure where drilling or production activities are being carried out in the
vicinity. (4) The employer shall ensure, with respect to any
indoor area that it designates as an area in which smoking or the use of a
vaping device is permitted, that (a) the designated area is maintained under
negative pressure with respect to the adjacent area; (b) the designated area is separated from the
adjacent area by solid walls, floors and ceilings and solid doors equipped with
an automatic closing mechanism; and (c) air transfer into the designated area is
maintained at a rate of at least 24 litres per second per occupant, regardless
of whether the doors are open or closed, and air is not recirculated. (5) An employer shall ensure that signage is
posted outside each entrance to an area in which smoking or the use of a vaping
device is permitted, indicating (a) that persons entering the area may be exposed
to emissions from smoking or the use of a vaping device; and (b) the area's maximum occupancy level, as
determined with regard to its air transfer rate, where the area is indoors. (6) Where an employer removes the designation of
an area as an area in which smoking or the use of a vaping device is permitted,
it shall ensure that the signage referred to in paragraph (5)(a) remains posted
outside each entrance to the area until the area contains no residual
contaminants from the smoking or vaping activity. PART
XII Waste material 66. The risks associated with
the accumulation of and exposure to waste material, including garbage,
recyclable refuse, food waste and debris, are prescribed risks for the purpose
of paragraph 201.17(2)(a) of the Act and an employer shall ensure, at each
workplace under its control, that (a) waste material is collected, handled,
segregated and removed in a safe and hygienic manner; (b) waste receptacles and other facilities for
disposing of and storing waste material are provided to prevent its hazardous
accumulation; and (c) all waste receptacles that are provided in
dining and food preparation areas or that are intended to hold waste material
that could give rise to a hazard, including waste material that is flammable or
combustible, are (i) made of fire-rated material, (ii) leakproof, (iii) fitted with a tight-fitting lid, and (iv) maintained in good working order and in a
clean and sanitary condition. Pests 67. (1) The risks
associated with the presence of pests are prescribed risks for the purpose of
paragraph 201.17(2)(a) of the Act and an employer shall ensure that the
enclosed parts of each workplace under its control are constructed, equipped
and maintained in a manner that prevents, to the extent feasible, the entry of
pests. (2) Where pests have entered an enclosed part of
the workplace, the employer shall immediately take all steps necessary to
eliminate the pests and prevent their re-entry. (3) The occupational health and safety program shall
provide for the keeping of pest control inspection and pesticide application
records. Cleanliness and orderliness 68. The hazard control
measures set out in an occupational health and safety program shall include
procedures for (a) maintaining the workplace in a clean and
orderly state; (b) ensuring that all surfaces at the workplace on
which a person may stand are kept free of slipping and tripping hazards; and (c) ensuring that all cleaning of the workplace is
carried out in a manner that does not allow dust or any other substance that
may be harmful to employees' health or safety to contaminate the air. Storage 69. An employer shall ensure
that all things at each workplace under its control are stored or placed in a
manner that does not present a hazard to the health or safety of any person,
including by (a) impeding the safe movement of persons,
equipment or things through corridors, entrances or exits; (b) impeding access to or the use of firefighting,
first aid or other emergency equipment; (c) interfering with the operation of fixed fire
protection equipment; (d) impeding access to electrical panels,
equipment control panels or emergency disconnect switches or devices; (e) obstructing ventilation or illumination; (f) exceeding the maximum load-carrying capacity
of the thing on which they are stored or placed; or (g) being stacked in a manner that makes them
unstable. PART
XIII Food safety 70. The risks arising from
the consumption of unsafe food are, in respect of every workplace at which food
is served, prescribed risks for the purpose of paragraph 201.17(2)(a) of
the Act and the employer with control over the workplace shall ensure that (a) all preparation, storage, handling or serving
of food is done in accordance with the Codex Alimentarius Commission's "Recommended
International Code of Practice: General Principles of Food Hygiene", as
set out in its publication "Food
Hygiene (Basic Texts)", with the recommendations in the Code being
read as mandatory; (b) foods that require refrigeration to prevent
them from becoming hazardous to health are maintained at a temperature of 4
degrees Celsius or lower; (c) foods that require freezing to prevent them
from becoming hazardous to health are maintained at a temperature of -18
degrees Celsius or lower; and (d) temperature logs are maintained for hot and
cold holding units, including refrigerators and freezers. Potable water 71. (1) An employer shall
provide, to all persons at each workplace under its control, potable water for
drinking and food preparation and shall ensure that clean and sanitary cups are
provided for drinking water that is not provided from a drinking fountain. (2) The risks associated with the consumption of
non-potable water are prescribed risks for the purpose of paragraph 201.17(2)(a)
of the Act and an occupational health and safety program shall (a) provide for on-site oversight by a competent
person of the daily operation of the system by which potable water is provided; (b) require notification of the workplace
committee or coordinator, as the case may be, of any samples taken from that
system that fail to meet the requirements for potable water; (c) set out procedures for addressing any failures
of the system to provide water that meets the requirements for potable water;
and (d) address the keeping of records relating to the
system, its oversight and its performance. (3) In this section, "potable water" means water that
conforms to the federal Department of Health's "Guidelines for Canadian Drinking Water
Quality". PART
XIV Non-application 72. This Part does not apply
to the lighting of the bridge of a mobile offshore drilling unit or the bridge
of any ship used for construction, production or diving or for geotechnical or
seismic work. Minimum levels 73. An employer shall, in
respect of each workplace under its control, ensure that (a) all persons at the workplace have sufficient
lighting, in terms of both quantity and quality, to perform all of their tasks
safely; and (b) where the workplace is a marine installation
or structure, the average level of lighting at a work position or in an area
referred to in column 1 of the following table is not less than that set out in
column 2 when the workplace's primary lighting system is operational. TABLE
Emergency lighting 74. (1) An employer shall
ensure that each workplace under its control that is a marine installation or
structure is equipped with an emergency lighting system that (a) turns on automatically where the primary
lighting system fails; and (b) provides sufficient dependable illumination to
enable all emergency measures to be carried out, including emergency shutdown
procedures and evacuation of persons from the workplace. (2) The employer shall ensure that the emergency
lighting system is verified to be in working order at least once a month. Handling, storage and disposal 75. An employer shall ensure
that lighting components and bulbs at each workplace under its control are
handled, stored and disposed of in accordance with the manufacturer's instructions
and in a manner that does not pose a risk to any person. PART
XV Unimpeded communication 76. An employer shall ensure
that sound levels at each workplace under its control do not impede
communication during normal or emergency operations. Noise 77. (1) Excessive noise
is a prescribed risk for the purpose of paragraph 201.17(2)(a) of the Act
and an employer shall ensure, with respect to each workplace under its control,
other than an underwater area, that (a) noise surveys are carried out in accordance
with CSA Group standard Z107.56, "Measurement of noise exposure"; (b) to the extent feasible, the threshold limit
value for sound is not exceeded; and (c) where it is not feasible to reduce sound
levels at the workplace to within the threshold limit value, (i) signs are posted at the entrances to or on the
periphery of areas where employees may be exposed to excessive sound levels
that clearly indicate the presence of a noise hazard and identify the personal
protective equipment that is required in that area, and (ii) every employee at the workplace undergoes an
audiometric test every 2 years, or more frequently as recommended by an
audiologist or occupational physician. (2) The employer shall retain the results of all
noise surveys for at least 10 years after the day on which they were
carried out. (3) The instruction and training that an employer shall
provide to its employees includes instruction and training on the risks posed
by excessive noise. PART
XVI Air quality 78. (1) Poor air quality
is a prescribed risk for the purpose of paragraph 201.17(2)(a) of the Act
and an employer shall ensure that all contaminants in the air at each workplace
under its control are kept below the applicable threshold limit values, including,
where the workplace is a marine installation or structure, through the
installation, use, maintenance and testing of appropriate ventilation systems
and other engineering controls. (2) The ventilation systems shall, where feasible,
include local exhaust ventilation systems where necessary to prevent
contaminants from entering an employee's breathing zone while the employee is working. Ventilation system 79. An employer shall ensure,
with respect to any ventilation system installed at a workplace under its
control, that (a) it is equipped with a device that provides a
warning where the system is not working properly; (b) all contaminants that it removes are exhausted
clear of the area from which they are drawn and prevented from entering any
work area or accommodations area; (c) it and any humidification equipment that forms
a part of it (i) are constructed and maintained in a manner
that minimizes the growth and dissemination through the system of micro-organisms,
insects and mites, and (ii) where feasible, are readily accessible for
cleaning and inspection; and (d) unless it is installed in an accommodations
area, its minimum ventilation rate conforms to American Conference of
Governmental Industrial Hygienists standard "Industrial Ventilation: A Manual of Recommended Practice for Design". Internal combustion engine 80. Where mobile equipment
powered by an internal combustion engine is operated indoors or in an enclosed
work area, the employer with control over the workplace at which it is operated
shall ensure that the engine is maintained in a manner that ensures conformity
with the requirements of American Conference of Governmental Industrial
Hygienists standard "Industrial
Ventilation: A Manual of Recommended Practice for Design" relating
to vehicle exhaust ventilation. PART
XVII Movement within workplace 81. An employer shall ensure,
to the extent feasible, that all persons at each workplace under its control
that is a marine installation or structure are able to move around the
workplace, including through corridors, without bending, sidling or tripping
and shall ensure that any changes in floor elevation and ceiling height that
pose a risk of injury and cannot be eliminated are clearly marked. Doors 82. An employer shall ensure,
at each workplace under its control that is a marine installation or structure,
that (a) any swinging door that opens onto a stairway
does so over a floor or landing that extends under the full swing of the door;
and (b) the use of any double-action swinging door
that does not permit persons approaching from one side of the door to be aware
of persons on the other side is restricted to a single direction. Guard-rails 83. Any guard-rail that is
required under these regulations shall (a) include (i) a horizontal rail, cable or chain positioned not
less than 90 centimetres and not more than 1.1 metres above the working
surface, (ii) unless the guard-rail is located at the top of
a fixed ladder, one or more additional horizontal rails, cables or chains
positioned below the one referred to in subparagraph (i) so that the distance
between the working surface and the nearest rail, cable or chain or between any
2 adjacent rails, cables or chains does not exceed half the distance between
the working surface and the rail, cable or chain referred to in subparagraph
(i), and (iii) vertical supports spaced not more than 3 metres
apart at their centres; (b) be capable of withstanding the greater of (i) the maximum load that is likely to be imposed
on it, and (ii) a static load of not less than 890 newtons
applied in any direction at any point on the rail, cable or chain referred to
in subparagraph (a)(i); and (c) be capable of withstanding the effects of
fire. Wall and floor openings and open edges 84. An employer shall ensure
that, in any area on a marine installation or structure under its control to
which a person might have access, (a) every opening in a wall, partition or bulkhead
that measures at least 75 centimetres high and 30 centimetres wide and from
which there is a drop of more than 1.2 metres, or that otherwise poses a hazard
to any person, and every opening in a floor, platform or deck whose smallest
dimension measures at least 30 centimetres is (i) protected by a guard-rail, or (ii) covered with material that is (A) securely fastened to a supporting structural
member of the marine installation or structure, and (B) capable of withstanding all loads that are
likely to be imposed on it; and (b) every other open edge from which there is a drop
of more than 1.2 metres, other than on a helicopter deck, is protected by a
guard-rail. Open-top enclosures 85. (1) An employer shall
ensure, at each workplace under its control, that, where an employee has access
to the top of a bin, hopper, tank, vat, pit or similar enclosure with an
opening at the top that is large enough for a person to fit through, (a) the enclosure's opening is covered with a
grating, screen or other covering; or (b) there is a walkway over or adjacent to the
opening that is not less than 50 centimetres wide and is fitted with
guard-rails. (2) The grating, screen, covering or walkway shall
be capable of supporting the greater of (a) the maximum load that is likely to be imposed
on it, and (b) a live load of 6 kilonewtons. (3) Where an employee is required to access the
inside of an open-top enclosure from its top, the employer shall ensure, where
feasible, that there is a fixed ladder on the inside wall of the enclosure that
permits the employee to safely enter and exit. Structural openings 86. An employer shall ensure,
before any opening is made in the structure of a marine installation or
structure under its control, including in any floor or wall, that the locations
of all pipes, cable and conduits in the area where the opening is to be made
are clearly marked. PART XVIII Requirements 87. (1) An operator and
employer shall ensure, with respect to any equipment, machine or device that
that operator or employer provides for use at a workplace, including any part
of or accessory used with one of those things, that (a) only a competent person installs, assembles,
uses, handles, stores, adjusts, modifies, maintains, repairs, inspects, tests,
cleans or dismantles it; (b) the activities referred to in paragraph (a)
are carried out in accordance with its manufacturer's instructions and, where
they are carried out outdoors, having regard to existing environmental
conditions; (c) the manufacturer's instructions respecting its
operation and maintenance are made readily available to any person carrying out
an activity referred to in paragraph (a); (d) adequate space is provided around it to allow
the activities referred to in paragraph (a) to be carried out safely; (e) it is subject to (i) a brief visual inspection before each use by
the person using it, and (ii) a thorough safety inspection at least once
each year where (A) its purpose is to preserve or protect life, (B) its use would, in the absence of any hazard
control measures, pose a risk to the health or safety of persons at the
workplace, or (C) it is subject to degradation over time that
could affect its safety; (f) any person who maintains, repairs, modifies,
tests or inspects it, other than by carrying out a brief visual inspection, makes
and signs a record that clearly identifies the equipment, machine or device,
describes the activity carried out and provides the person's name, the date of
the activity and, where applicable, the person's observations regarding the
safety of the equipment, machine or device; (g) a person does not use it in a manner that may
compromise the health or safety of a person at the workplace, including by (i) maintaining, repairing or cleaning any powered
equipment, machine or device while it is operational, or (ii) operating any equipment, machine or device
that is equipped with a guard while the guard is not in its proper position;
and (h) a person does not intentionally tamper or
interfere with it such that the health and safety of any person at the workplace
could be compromised, including, unless done in accordance with these regulations,
by impairing or rendering inoperative a safety device or system that is used
with it. (2) The operator or employer that provides the
equipment, machine or device shall (a) retain the records referred to in paragraph
(1)(f), as well as a record setting out the date that they acquired the
equipment, machine or device, until the day that is 5 years after the day on
which the equipment, machine or device is taken out of service at the workplace;
and (b) ensure that those records are made readily
available to any person who uses, inspects, tests, maintains, repairs or
modifies the equipment, machine or device. (3) Notwithstanding subparagraph (1)(g)(i), a
person is permitted to maintain, repair or clean a powered piece of equipment,
machine or device while it is operational where (a) its continued operation is essential to the
maintenance, repair or cleaning; and (b) where feasible, the energy source for any of
its parts whose operation is not essential is controlled in accordance with
Part XXVII or those parts are equipped with guards. (4) Notwithstanding subparagraph (1)(g)(ii), a
person is permitted to operate any equipment, machine or device without its
guard in the proper position where necessary to (a) permit the release of any part of a person
that is trapped in the equipment, machine or device; or (b) test, maintain, repair or clean the equipment,
machine or device where (i) its energy source is, where feasible,
controlled in accordance with Part XXVII, and (ii) the person who performs the work does not
leave the equipment, machine or device until the guard has been replaced and
verified to be functioning properly. (5) An employer shall establish, and shall instruct
all employees to follow, procedures for minimizing the risk of injury where
equipment, machines or devices at a workplace under the employer's control are
required to be maintained, repaired, cleaned or tested while operational and
without a guard in place and it is not feasible to control their energy source
as described in paragraph (3)(b) or subparagraph (4)(b)(i). Removal from service 88. An employer shall ensure
that any equipment, machine or device at a workplace under its control that it
has reason to doubt is safe for use is taken out of service and identified in a
manner that ensures it is not inadvertently returned to service until a
competent person determines it to be safe for use. Hair, clothing and accessories 89. An employer shall ensure
that all persons at each workplace under its control not wear long hair,
loose-fitting clothing, dangling accessories, jewellery or other similar items unless
those items are tied, covered or otherwise secured as necessary to prevent them
from coming into contact with equipment or machines or from otherwise
presenting a risk to health or safety. Pedestrian passage 90. An employer shall ensure,
at each workplace under its control, that a path for pedestrian use is clearly
identified with floor markings or physical means through any area in which
mobile equipment or other equipment that presents a risk of injury to persons
passing through is being used. Standards 91. (1) An employer shall
ensure, in respect of each workplace under its control, that (a) all equipment and machines conform to and are
used in accordance with all applicable provisions of CSA Group standard
Z432, "Safeguarding of
machinery"; (b) the starting and stopping controls of all
equipment and machines are located within easy reach of the person operating
the equipment or machine; (c) all access doors on equipment or machines that
expose moving parts when opened are, where feasible, equipped with interlocks
that (i) prevent the access door from opening while the
moving parts are in motion, or (ii) immediately disconnect the power from the
driving mechanism when the door is opened, causing the moving parts to stop and
preventing them from restarting until the door is closed; (d) all controls on equipment, machines and
devices are (i) clearly marked with their functions in a
manner and location that ensures the markings remain visible to the person
operating the equipment, machine or device, and (ii) designed, positioned or shielded to prevent
inadvertent activation; (e) all insulated equipment and devices are
protected against damage to their insulating material; (f) all portable hand-held motor-operated electric
tools conform to CSA Group standard C22.2 No. 60745, "Hand-Held Motor-Operated Electric
Tools Safety", or CSA Group standard C22.2
No. 62841, "Electric
motor-operated hand-held tools, transportable tools and lawn and garden
machinery Safety", as applicable; (g) all powder-actuated fastening tools, fasteners
and powder loads conform to and are used in accordance with ANSI/American
Society of Safety Professionals (ASSP) standard A10.3, "Safety Requirements for Powder-Actuated
Fastening Systems", except with respect to the required eye
protection, which shall instead conform to paragraph 46(f); (h) all power presses conform to and are used in
accordance with CSA Group standard Z142, "Code for power press operation: Health, safety, and safeguarding
requirements"; (i) all electric tools that plug into an
electrical receptacle are grounded, unless they (i) have a protective system of double insulation,
or (ii) are used in a location where reliable
grounding cannot be obtained and are supplied from a double-insulated portable
ground fault circuit interrupter of the class A type that conforms to CSA Group
standard C22.2 No. 144, "Ground
Fault Circuit Interrupters", on a 125-volt or 15-, 20- or 30-ampere
circuit; (j) all equipment, machines and devices that are a
potential source of ignition are, where they are used in an area referred to in
subsection 26(2), rated by their manufacturer as appropriate for use in
such an area and used only with control measures in place to minimize the risk
of fire or explosion; (k) all hoses that contain a substance under
pressure and that are connected to equipment or to a machine or device are
equipped with restraining devices as necessary to prevent the hoses' hazardous
movement, including in the event of accidental disconnection; (l) all abrasive blasting or high-pressure washing
machines have operating controls that (i) are located near the nozzle, (ii) are hand-operated, and (iii) require continuous pressure by the person
operating them to permit the flow of material; (m) all abrasive wheels are (i) inspected by a competent person and determined
to be free from defects, cracks or other problems before being installed, (ii) mounted between flanges, (iii) used only on machines that are equipped with
machine guards, including, in the case of a bench grinder, a wheel guard and a
work rest or other device that, without making contact with the abrasive wheel,
prevents the work piece from jamming between the abrasive wheel and the wheel
guard, and (iv) used only on machines whose number of
revolutions per minute does not exceed the maximum speed rating of the abrasive
wheel; (n) all equipment and machines whose operation may
cause the ejection of material that may pose a hazard to a person are, where
feasible, equipped with a means of safely containing the material; (o) all equipment and machines that have exposed
moving, electrically charged or hot parts or that process, transport or handle
material that constitutes a hazard are, where feasible, equipped with (i) a guard that is not readily removable without
the use of tools and that physically prevents persons from coming into contact
with the parts or material or from being exposed to the hazard they present, or (ii) where rendering the equipment or machine
inoperative would minimize the hazard, a device that renders the equipment or
machine inoperative where a person or their clothing comes into contact with or
comes too close to a part of the equipment or machine that is likely to cause
injury; (p) all wire rope in tension, other than on a
crane or hoist, is protected by a guard, where feasible; and (q) where the workplace is a marine installation
or structure, all temporary or portable heating equipment that is used in an
enclosed area (i) provides complete combustion of the fuel used
in it or is equipped with an exhaust system that discharges the products of
combustion outside the enclosed area, and (ii) is used only while carbon monoxide levels in
the enclosed area are being continuously monitored. (2) Where it is not feasible for equipment or a
machine to be equipped as described in paragraph (1)(c), (n) or (o), or for
wire rope in tension to be protected as described in paragraph (1)(p), the
employer shall ensure that another guard, safety device or awareness barrier is
put in place to protect against the hazard. Fuelling 92. (1) An employer
shall ensure that equipment or a machine at a workplace under its control is
not fuelled, and fuel is not transferred between containers, (a) in the following locations: (i) a place where the vapours from the fuel are
not readily dissipated, or (ii) the hold of a vessel or any other enclosed
space at the workplace; or (b) in the following circumstances: (i) subject to subparagraph (ii), while there is
any source of ignition in the vicinity that presents a risk of fire or
explosion, or (ii) in the case of equipment, while the
equipment's engine is running, unless it is designed to be fuelled in that
manner. (2) Notwithstanding subparagraph (1)(a)(ii),
equipment may be fuelled in the hold of a vessel or another enclosed space where (a) an employee who has a suitable fire
extinguisher ready for use is in the hold or space; (b) no one other than the employee referred to in
paragraph (a) and those employees engaged in the fuelling are in the hold or
space; (c) the fuelling is carried out by transferring
fuel directly into the equipment's fuel tank or, in the case of liquefied gas,
by replacing spent cylinders; (d) no more fuel than is necessary to fill the
equipment's fuel tank, or, in the case of liquefied gas, no more than the
number of cylinders in need of replacement, is taken into the hold or space;
and (e) atmospheric gas levels in the hold or space
are continuously monitored. (3) An employer shall develop procedures to be
followed respecting the fuelling of equipment to protect the health and safety
of employees. PART
XIX Standards 93. (1) An employer shall
ensure that each elevator at a workplace under its control is designed,
maintained, tested, inspected and used in accordance with ASME standard
A17.1/CSA Group standard B44, "Safety
code for elevators and escalators", and that each personnel lift at
a workplace under its control is designed, installed, maintained, tested,
inspected and used in accordance with CSA Group standard CAN/CSA-B311, "Safety Code for Manlifts". (2) The employer shall ensure that every elevator
and personnel lift is inspected and tested (a) before the elevator or personnel lift is
placed in or returned to service; (b) after any alteration to the elevator or
personnel lift; and (c) at least once a year. (3) An inspection ceases to be valid one year
after the day on which it is carried out. (4) The employer shall ensure that the person who
inspects an elevator or personnel lift includes in the record referred to in
paragraph 87(1)(f) the date on which the inspection ceases to be valid. Elevator documentation 94. An employer shall ensure
that a document is posted in each elevator at a workplace under its control
that identifies the elevator and its location, indicates its capacity and sets
out the date on which its most recent inspection ceases to be valid. PART
XX Application 95. This Part applies in
respect of a workplace that is a marine installation or structure. Ship's ladder 96. For the purposes of this
Part, a reference to stairs includes a permanently installed structure,
commonly known as a ship's ladder, that has a steep pitch, rigid treads
supported by rigid side rails and a handrail on each side. Requirement to install 97. Where an employee in the
course of routine work is required to move between levels that are more than 45
centimetres apart, the employer with control over the workplace shall ensure
that a fixed ladder, fixed stairs or a fixed ramp is installed between the
levels. Stairs, ramps and fixed ladders 98. (1) An employer shall
ensure that all stairs, ramps and fixed ladders that are installed at each
workplace under its control, as well as all cages, landings and platforms used
with the fixed ladders, are designed and maintained to support any load that is
likely to be imposed on them and to safely accommodate all persons who are
likely to use them and all equipment that is likely to pass over them. (2) Where stairs, a ramp or a fixed ladder end in
direct proximity to anything that would pose a risk of injury to a person were
they to inadvertently come into contact with it, the employer shall ensure that
a barricade is installed to protect persons using the stairs, ramp or ladder
from that hazard. Temporary stairs 99. An employer shall ensure
that all temporary stairs installed at a workplace under its control are
securely fastened in place and have (a) uniform steps in the same flight; (b) a slope of not more than 1.2 to 1; and (c) a hand rail not less than 90 centimetres and
not more than 1.1 metres above the stair level (i) on at least one side, and on every open side, where
the stairs are not more than 1.12 metres wide, or (ii) on both sides, where the stairs are more than
1.12 metres wide. Ramps 100. An employer shall ensure
that every ramp installed at a workplace under its control is (a) securely fastened in place; (b) braced where necessary to ensure its
stability; and (c) equipped with cleats or surfaced in a manner
that provides a safe footing for users. Fixed ladders 101. (1) An employer shall
ensure that any fixed ladder installed at a workplace under its control, other
than one installed as part of a scaffold, (a) is installed with its underside angled not
less than 75 degrees and not more than 90 degrees from the ground; (b) is securely held in place at the top and
bottom and at intervals of not more than 3 metres; (c) has rungs that are at least 15 centimetres
from the wall, at uniformly spaced intervals of not more than 30 centimetres,
and do not impede any employee from safely exiting the ladder onto a platform
or landing; (d) has side rails that extend not less than 90 centimetres
above each landing or platform; (e) is not coated with material that may hide
flaws affecting its integrity; (f) where it is more than 6 metres in length, is
fitted, where feasible, with a protective cage for the portion of its length
that is more than 2.5 metres above its bottom; and (g) where it is more than 9 metres in length, is
equipped with landings or platforms, at intervals of no more than 6 metres,
that are (i) at least 0.36 square metres in area, and (ii) fitted at their outer edges with a guard-rail
and toe board. (2) While ascending or descending a fixed ladder
at a workplace, an employee shall (a) face the ladder; (b) maintain a three-point contact with the
ladder; and (c) carry any tools, equipment or materials in a
pouch or holster or in another secure manner. (3) An employee shall not use a metal or
wire-bound fixed ladder where there is a risk of it coming into contact with an
energized electrical conductor or circuit part or with energized electrical
equipment. Portable ladders 102. (1) An employer shall
ensure that any portable ladder used at a workplace under its control (a) conforms to CSA Group standard Z11, "Portable ladders"; (b) has a minimum load rating of 113.4 kilograms; (c) where used, other than as part of a scaffold
system, on a marine installation or structure that is used for the drilling for
or production of petroleum products, is made of a non-combustible material; and (d) is not coated with material that may hide
flaws affecting its integrity. (2) An employee who uses a portable ladder at a
workplace shall do so in accordance with CSA Group standard Z11, "Portable ladders", and shall
ensure that, while the ladder is in use, (a) it is placed on a firm and stable footing and
positioned so that it is not necessary to use the underside; (b) it is secured in such a manner that it cannot
be dislodged accidentally from its position; and (c) unless it is a self-supporting ladder, the upper
portion of its side rails rests on a bearing surface capable of safely
withstanding the load imposed on it. (3) An employee shall not (a) position a portable ladder in an elevator
shaft or hoistway when that space is being used for hoisting; (b) position a portable ladder near moving
equipment that is under a load; (c) use a portable ladder in a manner that may
compromise its stability or the stability of any person on it; or (d) use a metal or wire-bound portable ladder where
there is a risk of it coming into contact with an energized electrical
conductor or circuit part or with energized electrical equipment. PART
XXI Definition 103. In this Part, "elevating work
platform" means a type of integral chassis aerial platform that has
an adjustable position platform that is supported from ground level by an
articulating or telescoping boom or by a vertically oriented, telescoping or
elevating mast. Use - general 104. (1) An employer shall
ensure that an employee does not use a scaffold, suspended work platform or
elevating work platform at a workplace under the employer's control unless (a) the employer has authorized its use; (b) the employee has been trained and instructed
in its safe and proper use; and (c) it has been inspected and certified by a
competent person as being fit for the use to which the employee intends to put
it. (2) The employer shall ensure that an employee does
not use a scaffold, suspended work platform or elevating work platform in
environmental conditions that are likely to increase the risk to the health or
safety of the employee unless its use in those conditions is necessary to
remove a hazard or rescue a person. Prevention of contact 105. The employer shall
ensure that, where there is a risk of a person or equipment coming into contact
with a scaffold, suspended work platform or elevating work platform in a manner
that would pose a hazard, a barricade is installed or, where that is not
feasible, another means of preventing the contact is provided. Scaffolds 106. (1) An employer shall
ensure, with respect to any scaffold used at a workplace under its control,
that (a) its configuration at the workplace is designed
by a competent person; (b) it is erected, used, inspected, dismantled and
stored in accordance with CSA Group standard CAN/CSA-Z797, "Code of practice for access scaffold"; (c) where used to support a temporary floor or
subjected to loads that could cause it to overturn, it is erected and used in
accordance with written instructions approved by a professional engineer; (d) either it is capable of supporting at least 4
times the load that is likely to be imposed on it or it has been approved by a
professional engineer and consists of components that have been manufactured in
accordance with a quality management system; (e) its footings and supports are capable of
supporting all static and dynamic loads that are likely to be imposed on them; (f) to the extent feasible, it uses only
manufactured platforms; (g) its platforms or planks are adequately secured
and installed in a manner that avoids gaps and overlapping; (h) all of its wooden components are treated with
a transparent fire retardant coating and are stored and maintained so that
their integrity and fire retardant properties are preserved; (i) all of its components are compatible with each
other; (j) where it is a continuous run scaffold or a
double-pole tube and coupler scaffold, it has internal horizontal cross-bracing
installed in the bay immediately adjacent to and at the level of a building
tie, unless equivalent bracing is achieved using manufactured scaffold planks
secured by end hooks to provide a fully decked work platform at that level; and (k) any vertical ladder more than 9 metres in
length that is used with it has a landing or platform at least every 6 metres. (2) An employer shall ensure that a ladder jack
scaffold is not used at a workplace under its control. Elevating work platforms 107. An employer shall
ensure, with respect to any elevating work platform at a workplace under its
control, that (a) its rated capacity is marked on it in a
location that is clearly visible to any person using it; (b) it is equipped with controls of a continuous
pressure type that return to the neutral or stop position when released; (c) it is equipped with an emergency stop device
that is red in colour and located within easy reach of the person operating it; (d) where its lifting mechanism creates a shear
hazard to employees, that mechanism is adequately guarded or identified with
signs, decals or similar markings warning of the hazard; and (e) where it is self-propelled or mobile, it is
used only with the approval of the chief safety officer. PART
XXII Risk of falling 108. The risk of a person
falling from any of the following locations is a prescribed risk for the
purpose of paragraph 201.17(2)(a) of the Act: (a) 3 metres or more above the nearest safe
surface or above water; (b) any distance above a surface or thing that
could cause injury or illness to the person; or (c) a portable ladder where (i) there are high wind or wave conditions, (ii) the person is performing a task that does not
permit them to maintain their centre of gravity between the ladder's side
rails, (iii) the person is performing a task that is not a
light duty task, or (iv) the person is performing a task for more than
a short duration at any one location. Means of protection 109. (1) An employer shall
ensure that whichever of the following means of fall protection is most
appropriate in the circumstances is provided whenever a person at a workplace
under its control is in a location referred to in section 108: (a) a guard-rail; (b) temporary flooring; (c) a travel restraint system that conforms to and
has been selected in accordance with, and every component of which
conforms to and has been selected in accordance with, all applicable CSA Group
standards in the Z259 series; (d) a fall-arrest system that conforms to and has
been selected in accordance with, and every component of which conforms to and
has been selected in accordance with, all applicable CSA Group standards in the
Z259 series; or (e) a safety net that, unless it is to be used in
or around the helicopter landing deck area of a marine installation or
structure, conforms to ANSI/American Society of Safety Professionals (ASSP)
standard A10.11, "Safety
Requirements for Personnel Nets" and has been installed,
inspected and tested in accordance with that standard. (2) An occupational health and safety program shall (a) set out factors, including efficacy and
feasibility, to be considered by the employer in determining the most
appropriate means of fall protection for the purpose of subsection (1); (b) address the assembly, maintenance, inspection,
use and disassembly, as the case may be, of all means of fall protection
provided and their components, including by establishing a schedule for their
inspection; and (c) where fall-arrest systems are to be provided
at the workplace, address the risks associated with the potential for swing as
a result of anchorage placement when a fall-arrest system is being used. (3) Notwithstanding subsection (1) and paragraph
(2)(a), the employer shall ensure that a fall-arrest system described in
paragraph (1)(d) is provided to every person (a) who is on a fixed ladder more than 6 metres in
length; (b) who is on an elevating work platform, as defined in section 103; or (c) who uses a work-positioning system. (4) The employer shall ensure that any means of
protection referred to in paragraphs (1)(c) to (e) that it provides is used in
accordance with the standards referred to in those paragraphs and, in the case
of a fall-arrest system provided to a person referred to in paragraph (3)(b),
is secured to an anchorage point that is approved by the platform's
manufacturer or a professional engineer. (5) The employer shall ensure that any safety net
provided (a) is positioned as close as feasible to, and in
any case no further than 4.6 metres below, the area from which there is a risk
of a fall; (b) extends at least 2.4 metres beyond that area
on all sides or, where the area is a gangway, at least 1.8 metres beyond both
sides; (c) is positioned and maintained so that its
maximum deflection does not permit any portion of a person who falls into it to
come into contact with any other surface; (d) is kept free of debris, obstructions or
intervening objects that could be struck by a person falling into it; and (e) is, where connected to another safety net,
connected using splice joints that are at least as strong as the weakest of the
nets. (6) The employer shall ensure that (a) all anchorages used in a means of fall
protection are capable of withstanding the following forces in any direction in
which the force may be applied: (i) 22 kilonewtons, in the case of non-engineered
anchorages, and (ii) twice the maximum arresting force anticipated,
in the case of engineered anchorages; (b) any self-retracting device used in a means of
fall protection is (i) anchored above the user's head, unless the
manufacturer's instructions allow for a different anchorage location, and (ii) used in a manner that (A) minimizes the hazards of swinging, and (B) limits the distance that a user who fell would
drop to less than 1.2 metres; and (c) any lanyard used in a fall-arrest system is
equipped with an energy absorber, unless (i) the lifeline used is self-retracting, or (ii) the fall-arrest system is designed by a
competent person to (A) limit the free fall to less than 1.2 metres and
the arresting force to less than 4 kilonewtons, and (B) prevent the user from coming into contact with
any unsafe surface. Rope access 110. (1) Notwithstanding
subsections 109(1), (3) and (4), an employer shall ensure that any rope
access carried out at a workplace under its control, or by any of its employees
at a workplace not under its control, conforms, subject to subsection (3), to
the "IRATA International
code of practice for industrial rope access", published by the
Industrial Rope Access Trade Association. (2) For the purpose of subsection (1), all
recommendations in the code are mandatory, unless compliance with the measure
is not feasible, in which case the employer shall demonstrate to the chief safety
officer, before any non-conforming rope access is carried out, that other
controls are in place to mitigate or eliminate the risk that the measure is
intended to address. (3) A requirement in the code to conform to a
standard in respect of equipment is satisfied by instead conforming, as
applicable, to (a) CSA Group standard Z259.1, "Body belts and saddles for work positioning
and travel restraint"; (b) CSA Group standard Z259.10, "Full body harnesses"; (c) CSA Group standard Z259.11, "Personal energy absorbers and lanyards"; (d) CSA Group standard Z259.12, "Connecting components for personal
fall-arrest systems (PFAS)"; (e) European Committee for Standardization (CEN)
standard EN 567, "Mountaineering
equipment Rope clamps Safety requirements and test
methods"; or (f) European Committee for Standardization (CEN)
standard EN 353-2, "Personal
protective equipment against falls from a height Part 2:
Guided type fall arresters including a flexible anchor line". (4) The personal protective equipment that an
employer is required to provide to any of its employees, and to any other
individual at a workplace under its control, who is engaged in rope access
includes headwear that conforms to (a) CSA Group standard Z94.1, "Industrial protective
headwear Performance, selection, care, and use"; (b) ANSI/International Safety Equipment
Association (ISEA) standard Z89.1, "American National Standard for Industrial Head Protection";
or (c) European Committee for Standardization (CEN)
standard EN 12492, "Mountaineering
equipment Helmets for mountaineers Safety requirements
and test methods". (5) In this section, "rope access" means the use of
ropes, in combination with other devices, to get to or from a work area or to
maintain one's position in a work area. Work permit 111. A work permit is required
for any activity at a workplace that requires the use of a fall-arrest system
or travel restraint system. Instruction and training 112. (1) The instruction
and training that an employer shall provide to its employees and other
individuals at a workplace under its control who are involved in activities
requiring the use of a fall-arrest system or travel restraint system includes (a) an overview of the provisions of all
applicable health and safety legislation and standards that relate to fall
protection, including those relating to the roles and responsibilities of
workplace parties; (b) training on the identification of fall
hazards; (c) an overview of the hierarchy of controls that
may be used to minimize the risk of falling and of injury from a fall; (d) training on the different means of fall
protection and the most suitable application of each; (e) instruction on selecting all relevant
components of the fall-arrest system or travel restraint system, including
connecting hardware; (f) instruction on assessing and selecting
specific anchors for use with the fall-arrest system or travel restraint
system; (g) training on the effects on the human body of a
fall, including free fall and swing fall, and fall-arrest, which shall address
maximum arresting force and the purpose of energy absorbers; (h) instruction and training on the use, storage,
maintenance and inspection, including pre-use inspection, of fall-arrest
systems, travel restraint systems and their components, including practice in
inspecting, fitting, adjusting and connecting the systems and components; and (i) instruction and training on emergency response
procedures to be used where a fall occurs, including practice in carrying them
out. (2) The instruction and training shall be provided (a) before the work that requires the use of the
fall-arrest system or travel restraint system begins; and (b) at least once every 3 years. PART
XXIII Risk of injury 113. (1) The risk of
injury from falling objects and material at the workplace, whether they are
falling over or from a height, is a prescribed risk for the purpose of
paragraph 201.17(2)(a) of the Act. (2) An employer shall ensure, at each workplace
under its control, that wherever there is a risk of objects or material falling
from a raised work area onto a person below, a toe board or other solid or mesh
panel that extends from the floor of the raised area to a sufficient height to
prevent the objects or material from falling from the raised area is installed. (3) Notwithstanding subsection (2), where the
installation of a toe board or panel is not feasible, the employer shall ensure
that (a) the objects or material are fastened to
something in a manner that would, if they were to fall, prevent them from
reaching a person below; (b) a safety net is positioned below the raised
area to catch the objects or material; or (c) the area below and adjacent to the raised area
is barricaded so that a person may not enter it while work is underway. PART
XXIV Definitions 114. In this Part (a) "personnel transfer" means the
transfer by crane of persons between a vessel and marine installation or
structure, between vessels or between marine installations or structures; and (b) "signaller" means a person who
directs, by means of visual or auditory signals, the safe movement and
operation of materials handling equipment. Lifting risks 115. (1) The risks
associated with the use of materials handling equipment, including to lift
persons or things, are prescribed risks for the purpose of paragraph 201.17(2)(a)
of the Act and the occupational health and safety program in respect of a
workplace at which materials handling equipment is to be used for lifting shall (a) identify the types of lifts that are expected
to be performed at the workplace; (b) set out criteria for classifying lifts by risk
level, including criteria relating to the type of lift, its complexity, its
physical elements, the expertise of those involved in carrying it out and the
environmental conditions in which it is carried out; (c) set out procedures for the preparation and
performance of lifts by type and risk level, including (i) communication requirements among all persons
involved in the lifts, (ii) in the case of lifts of persons, the required
use of personal protective equipment by the person being lifted, and (iii) in the case of lifts of persons over the
water, the availability of fast rescue boats; (d) identify any operational limits on lifting
operations and any environmental conditions, such as wind, sea state and
temperature, that may affect those operations, including by reducing the load
that the materials handling equipment is able to safely handle or support; (e) set out procedures for the maintenance,
inspection, testing, repair and replacement of lifting equipment, fixed pad
eyes and loose lifting gear; and (f) set out procedures for communicating the
provisions of the program that relate to lifting operations to all persons who
are involved in carrying them out and all other persons in the vicinity who may
be affected by them. (2) For the purpose of paragraph (1)(b), a
personnel transfer shall not be classified as a low risk lift. Work permit 116. A work permit is
required for all lifts carried out at a workplace using materials handling
equipment, except those classified under the occupational health and safety
program as low risk. Prohibitions 117. It is prohibited for (a) an employee to use or attempt to use materials
handling equipment at a workplace where they have reason to doubt they can do
so safely; or (b) a signaller to direct any movement of
materials handling equipment that would pose a risk to the health or safety of
any person. Hazardous conditions 118. The employer shall
ensure that a person does not use materials handling equipment at a workplace
under its control in conditions in which that use presents a risk to the health
or safety of any person unless necessary to prevent a greater risk to the
health or safety of any person. Manual handling 119. An employer shall ensure
that, where the manual handling of any thing may be hazardous to the health or
safety of an employee, including because of its weight, size, shape or
toxicity, that thing is, to the extent feasible, handled only using materials
handling equipment. Rated capacity 120. (1) An employer shall
ensure that a competent person who is independent of the operator and employer
inspects and proof tests all materials handling equipment that is to be used at
a workplace under the employer's control where (a) the equipment is to be used at the workplace
for the first time; (b) repairs or modifications have been made to the
equipment's load-carrying components; (c) the equipment has been in contact with an
electric arc or current; or (d) there is any other reason to doubt that the
rated capacity of the equipment that was most recently certified under
subsection (2) or the limitations that were most recently indicated under that
subsection continue to be accurate, including as a result of damage sustained
by the equipment or modifications made to it. (2) The employer shall ensure that the competent
person, on the basis of the inspection and proof test, certifies in writing the
rated capacity of the equipment and indicates in writing any limitations that shall
be imposed on its use having regard to environmental conditions. Materials handling equipment 121. (1) An employer shall
ensure, with respect to all materials handling equipment used at a workplace
under its control, that (a) the equipment is, to the extent feasible, (i) designed and constructed to prevent the
failure of any of its parts, and (ii) equipped with safety devices that will ensure
that any such failure does not result in a loss of control of the equipment or
its load or in any other hazardous situation; (b) the equipment is marked in a manner that
identifies its manufacturer and model; (c) the equipment's rated capacity, or, in the
case of equipment that can be operated in a range of positions or
configurations, the greatest of its rated capacities, is clearly marked on a
permanent part of it, in a position where the mark can be easily read; (d) where the equipment can be operated in a range
of positions or configurations, a chart indicating the rated capacities across
that range is posted within view of the person operating it; (e) the equipment's use in existing environmental
conditions, including wind, sea state and temperature, is continually assessed
by the person operating it, having regard to the limitations indicated under subsection 120(2),
to determine whether those conditions have reduced the load that the equipment
is able to safely handle or support to below its rated capacity and, if so, the
extent to which the load has been reduced; (f) the equipment is operated in accordance with
its rated capacity or, where applicable, its reduced capacity as determined
under paragraph (e); (g) any braking, steering and other control
systems with which the equipment is equipped can safely control and stop the
load's movement; (h) where the equipment is used for lifting,
moving or positioning persons, it is equipped with at least 2 independent
braking systems and a fail-safe control system; (i) where the equipment is used for lifting,
moving or positioning persons, it has, before its first use and after any
repair or modification, been certified by a competent person who is independent
of the operator and employer as being safe for that use, including in
conjunction with any other equipment or device with which it is used; (j) where the equipment is powered, it is equipped
with (i) an audible signalling device within easy reach
of the person operating the equipment, and (ii) an emergency stopping device that, when
engaged, will immediately shut down and isolate the equipment and that is
within easy reach of the person operating it as well as at any other location
from which it is reasonably foreseeable that a person may need to stop the
equipment; (k) where operation of the equipment could result
in a fire, it is equipped, in a location that is readily accessible to the
person operating it, with firefighting equipment that is appropriate to all
fire hazards that may arise; (l) the equipment is designed and constructed, to
the extent feasible, so that any vibration, jolting or other uneven movement of
it will not cause injury to any person or impair the ability of the person
operating the equipment to control it; (m) any glass in the equipment's doors, windows
and other parts is of a type that will not shatter into dangerous pieces on
impact; (n) where the equipment is regularly used outdoors
and has an operator's compartment or position that would expose the person
operating it to an environmental condition that could be hazardous to their
health or safety, the compartment or position is fitted with a roof or other
structure that will protect the person from the environmental condition and is
constructed from non-combustible or fire-resistant material; (o) any hook with which the equipment is used or
equipped has (i) where it is used for lifting persons, a
spring-loaded latch that is locked and pinned in the closed position before use
to prevent the connecting shackle from dislodging from the hook, or (ii) in any other case, a spring-loaded latch or
other equally effective means of preventing the load from falling off the hook; (p) any self-locking eye hooks with triggers with
which the equipment is used or equipped are designed to prevent the trigger
from being accidentally activated; (q) where there is a risk that the person operating
the equipment or a person being lifted, moved or positioned by it could be
struck by an intruding, falling or flying object or a shifting load, it is
equipped, where feasible, with a structure that is constructed from
non-combustible or fire-resistant material and that will, under all foreseeable
conditions, protect the person from that risk; (r) any place on the equipment to which an
employee requires regular access, including any operator's compartment or
position, is equipped with a safe means of access and egress that (i) does not require the employee to jump, (ii) would permit the emergency evacuation and
rescue of the employee, and (iii) can accommodate the employee's body dimensions
while they are wearing personal protective equipment; (s) any item used in any operator's compartment or
at any operator's position on the equipment provides an adequate range of
adjustability to accommodate the person using it; (t) the placement and design of any displays and
controls on the equipment do not hinder or prevent the person operating the
equipment from doing so safely; (u) any pendant control with which the equipment
is equipped is not hung or supported solely by its electrical wiring; (v) any wire rope drum or sheave with which the
equipment is equipped has a spooling device or other device to maintain the
wire rope in the groove; (w) all loads handled by the equipment are secured
as necessary to prevent them from sliding or falling in a manner that would
present a risk to the health or safety of any person; (x) where the equipment is operated remotely, it
is operated at a safe distance from the load being lifted; (y) all tools, tool boxes, spare parts or other
items carried on the equipment are securely stored; (z) the equipment is not left unattended unless
adequate measures have been taken to prevent it from moving; (aa) where the person operating the equipment does
not have a clear and unobstructed view of the load and the area in which it is
being operated, including the area through which the load is being moved, that
person is directed by a competent person designated by the employer as a
signaller who (i) is clearly recognizable as a signaller, (ii) has a continuous view of the person operating
the equipment and remains in that person's line of sight, (iii) has a clear and unobstructed view of the load
and the area in which the equipment is being operated, including the area
through which the load is being moved, or, where that is not feasible, a
continuous view of another signaller who has a clear and unobstructed view of,
as the case may be, the load or the portions of the area that are not within the
first signaller's view, and (iv) has no duties other than signalling while the
equipment under their direction is in motion; (bb) any fuel tank, compressed gas cylinder or
similar container containing a hazardous substance mounted on the equipment is (i) located or protected so that it is not
hazardous to the health or safety of any employee who operates or rides on the
equipment, (ii) connected to fuel overflow and vent pipes that
are located to ensure that fuel spills and vapours (A) cannot be ignited by hot exhaust pipes or
other hot or sparking parts, and (B) are not hazardous to the health or safety of any
employee who operates or rides on the equipment, and (iii) marked on its caps or covers as to its
contents; and (cc) the equipment is not used in an area in which
it may come into contact with an electrical cable, pipe or other supply line,
structure or other thing that could, where struck, constitute a hazard to the
health or safety of persons unless the person operating the equipment and, where
applicable, the signaller have been informed of (i) the hazard and its location, and (ii) the distance that shall be maintained to avoid
accidental contact with the thing that constitutes the hazard. (2) Notwithstanding paragraph (1)(f), the
materials handling equipment may be used to handle a load in excess of its
rated capacity or reduced capacity for the purposes of testing and inspection. (3) Where the employer is unable to determine with
reasonable certainty the location of the hazard referred to in paragraph (1)(cc)
or the distance referred to in subparagraph (1)(cc)(ii), or where it is
necessary for the materials handling equipment to be used in closer proximity
than that distance, the materials handling equipment may be used in the area
only where (a) every electrical cable with which there is a
risk of coming into contact is de-energized; (b) every pipe or other supply line containing a
hazardous substance with which there is a risk of coming into contact has been
shut down and drained; and (c) every other thing that could, where struck,
pose a hazard is protected against impact from the equipment. Cranes and hoists 122. (1) An employer shall
ensure, with respect to each lift by a crane or hoist that is carried out at a
workplace under its control, that (a) a competent person inspects the load before
the lift to ensure that it is adequately secured by means of appropriate loose
lifting gear; (b) tag lines or similar devices are used to
control the load's swing unless their use poses a hazard to the safety of any
person; (c) the person operating the crane or hoist does
not leave the load suspended from the equipment while they are not at the
controls; (d) the load is safely landed and stabilized
before being detached; and (e) only persons who are essential to the conduct,
supervision or safety of the lift are, while it is in progress, in the area in
which it is being carried out. (2) For the purpose of paragraph (1)(e), the
employer shall ensure that all approaches to the area in which the lift is
being carried out are posted with universally recognized warning signs
prohibiting access by unauthorized persons and are secured to prevent
inadvertent access. (3) A person who operates a crane or hoist shall
not start a lift where a non-essential person is in the area in which the lift
is being carried out. (4) Where a non-essential person enters an area in
which a lift is being carried out while a lift is in progress, the person
operating the crane or hoist shall immediately take measures to mitigate the
risk to all persons, discontinue the lift as soon as it is safe to do so and
not resume the lift until the area is cleared of non-essential persons. (5) An employer shall ensure that, when a
helicopter is landing or taking off, any crane at a workplace under its control
that could pose a physical or visual hazard to the helicopter or its crew
remains stationary and, where feasible, has its boom stowed. (6) An employer shall ensure that every offshore
pedestal crane used at a workplace under its control (a) is equipped with (i) appropriate travel limiting devices for its
boom, hoist, blocks and slewing mechanism, (ii) a device for measuring and indicating the
weight of its load, (iii) a device for measuring and indicating its boom
extension or load radius, where its rated capacity varies on that basis, (iv) a device for accessing anemometer readings, where
the load that it is able to safely handle or support is susceptible to being
reduced by wind, and (v) a gross overload protection system, where it
is used to move persons or things to or from a supply vessel; and (b) has posted conspicuously and, where feasible,
inside the crane control cab, the location of all approved laydown areas and
restricted areas, the limitations indicated under subsection 120(2) and
the chart referred to in paragraph 121(1)(d). (7) An employer shall ensure, with respect to any
manually operated hoist used at a workplace under its control, that (a) it is equipped with a mechanism to hold the
load at the desired height; and (b) where it is equipped with a crank handle and
not equipped with automatic load brakes, (i) it is equipped with a means of preventing the
crank handle from slipping off the crank shaft while in use, and (ii) a load is not lowered on it unless the crank
handle has been removed from the shaft or the hoist has otherwise been designed
to eliminate the risk of a person being struck by the handle. Wire rope clips 123. An employer shall ensure
that any wire rope clips used at a workplace under its control are (a) of sufficient strength to withstand the full
weight that the wire rope with which they are used is capable of supporting;
and (b) made from a material that is suitable for the
environmental conditions to which they are exposed. Mobile equipment 124. (1) An employer shall
ensure, with respect to all mobile equipment that is used at a workplace under
its control, that (a) it is equipped with seat belts, a rear-view
mirror and operating and warning lights; (b) it is used only in areas in which the overhead
and side clearances are sufficient to permit the equipment and its load to be
manoeuvred safely; (c) while it is in motion, (i) a person does not get on or off it except in
the case of an emergency, and (ii) nothing is picked up from or placed on it
unless expressly permitted by the manufacturer's instructions; and (d) any load that is transported by it while raised
or suspended is carried as close to the floor as feasible and, in any case, not
in a manner that renders the equipment unstable. (2) The employer shall ensure that mirrors are
installed at all blind corners that may be taken by mobile equipment to permit
the person operating that equipment to see any approaching person or equipment. (3) Where mobile equipment is used on the deck of
a marine installation or structure or on an elevated area, the employer shall
ensure that guards sufficient to prevent the equipment from falling over the
edge are installed at the edge of the deck or area. (4) The employer shall ensure that (a) any unitized load that is transported on a
forklift projects a distance no greater than half the height of the load above
the top of the fork carriage, back rest or back rest extension of the forklift;
and (b) a part of a load that is transported on a
forklift and consists of loose objects does not project above the top of the
fork carriage, back rest or back rest extension of the forklift. Additional standards 125. (1) An employer shall
ensure, at each workplace under its control, that (a) the design, use, maintenance, inspection and
testing of overhead, jib and gantry cranes, monorails and hoists conform to CSA
Group standard B167, "Overhead
cranes, gantry cranes, monorails, hoists, and jib cranes"; (b) the design, construction, installation, use,
maintenance and inspection of conveyors, cableways or other similar materials
handling equipment conform to ASME standard B20.1, "Safety Standard for Conveyors and Related
Equipment"; and (c) the design, construction, use, maintenance and
inspection of forklifts conform to CSA Group standard B335, "Safety standard for lift trucks". (2) An employer shall ensure that the
construction, use, maintenance, inspection and testing of all loose lifting
gear used at a workplace under its control conforms to the following standards,
as applicable: (a) ASME standard B30.9, "Slings"; (b) ASME standard B30.10, "Hooks"; (c) ASME standard B30.20, "Below-the-Hook Lifting Devices";
and (d) ASME standard B30.26, "Rigging Hardware". Personnel transfer 126. (1) An employer shall
ensure, with respect to every personnel transfer at, to or from a workplace
under its control, that (a) the loading and landing areas are clear of all
obstacles; (b) the personnel transfer device is raised and
lowered, to the extent feasible, over water; (c) there is continuous communication between both
points of transfer; (d) a fast rescue boat and crew are available
nearby and prepared to launch where needed; (e) each person assigned to plan, manage,
participate in or supervise the personnel transfer has been trained or
instructed on the procedures applicable to their role in the transfer,
including with respect to the use of any equipment; (f) the personnel transfer device is (i) non-collapsible, (ii) made of corrosion-resistant material suitable
for use in the environmental conditions in which it is used, (iii) designed to be buoyant, (iv) designed to protect the persons being
transferred in it from falling and landing impact, (v) designed to allow persons to ride securely
inside of it, either standing or seated, (vi) large enough to accommodate a person on a
medical stretcher and one other person, and (vii) used only for carriage of persons and, where
designed for that purpose, their personal baggage; and (g) the safety devices referred to in
subparagraph 121(1)(a)(ii) with which the crane used to carry out the
transfer is equipped include a retention device installed from above the load
block to the upper master link of the sling assembly. (2) An employer shall ensure that at least 2
personnel transfer devices that meet the requirements set out in paragraph
(1)(f) are available at all times at each workplace under its control that is a
marine installation or structure used for drilling or production or as a living
accommodation. (3) The personal protective equipment that an
employer shall provide to a person who is being transferred by personnel
transfer includes either a helicopter passenger transportation suit system that
conforms to the "Airworthiness
Manual" published by the federal Department of Transport or a
properly fitted immersion suit that conforms to paragraph 46(b). Signalling 127. (1) An employer shall
ensure, before any materials handling equipment is used at a workplace under
its control, that (a) all persons at the workplace know the hand
signal for "emergency stop"; and (b) where the equipment is to be used in
circumstances that will require the use of a signaller, (i) a code of hand signals is established, and (ii) every signaller and every person operating the
equipment is instructed in the use of that code. (2) A person who operates materials handling
equipment at a workplace shall obey the signal for "emergency stop"
given by any person. (3) Where it is not feasible for a signaller to
use hand signals to communicate to a person operating materials handling
equipment, including due to the distance between them, the employer shall
ensure that (a) the signaller and the person operating the
equipment are provided with a primary and backup telephone, radio or other
device that provides the signaller with a continuous means of communicating
with the person operating the equipment while the equipment is in use; (b) any radio codes used by the signaller to
communicate with the person operating the equipment are included in the code
referred to in paragraph (1)(b); and (c) where the signalling is to be done by means of
a two-way radio system, it is operated on a dedicated radio channel. (4) The employer shall ensure that a copy of the
code referred to in paragraph (1)(b) is kept readily available for
examination by all persons at the workplace. (5) Any person who does not understand a direction
given to them by a signaller shall consider it to be a direction to stop. Inspection 128. (1) The competent
person who carries out the thorough safety inspection referred to in
subparagraph 87(1)(e)(ii) in respect of materials handling equipment shall
be independent of the operator and the employer. (2) An employer shall ensure, notwithstanding
subparagraph 87(1)(e)(ii), that (a) the thorough safety inspection referred to in
that subparagraph is also carried out in respect of materials handling equipment (i) before the equipment is used at the workplace
for the first time, (ii) before it is returned to service after repairs
or modifications have been made to its load carrying components, and (iii) before it is returned to service after being
in contact with an electric arc or current; and (b) all loose lifting gear, personnel transfer
devices and safety devices that are used in conjunction with personnel transfer
devices are subject to the thorough safety inspection referred to in that
subparagraph at least once every 6 months. (3) The employer shall implement, at each
workplace under its control, a system that facilitates the identification of
materials handling equipment that is due for inspection. Instruction and training 129. The instruction and
training that an employer shall provide to an employee who uses materials
handling equipment in the course of their work includes instruction and
training on the effects of environmental conditions on the equipment's safe and
proper use. PART
XXV Evaluation 130. (1) The risks to
which a person in a confined space is exposed are prescribed risks for the
purpose of paragraph 201.17(2)(a) of the Act and an employer shall ensure
that, before any work begins at a workplace under its control, a competent
person evaluates the workplace and makes a record of all confined spaces in it. (2) The employer shall ensure that each workplace
is re-evaluated by a competent person at least once every 3 years, as well as
on the creation or elimination of a confined space, and that the competent
person records any changes in respect of the confined spaces at the workplace
from the last evaluation. (3) An employer shall ensure that each confined
space at a workplace under its control, other than a confined space that has
been made inaccessible with bolted blind flanges, is visibly identified at each
point of access as (a) being a confined space; (b) being a space to which access is restricted to
authorized persons; and (c) containing a danger. Occupational health and safety program 131. An occupational health
and safety program shall, with respect to the various confined spaces at the
workplace and the types of work that could be carried out in them, (a) identify the personal protective equipment
that is to be used or worn by employees in the confined space; (b) set out measures to be taken to prevent the
entanglement of lifelines and other equipment used by employees in the confined
space; (c) identify the atmospheric hazards that may be
present in the confined space and the equipment to be used for atmospheric
testing and monitoring in the confined space; (d) address the calibration and testing of the
equipment referred to in paragraph (c) and the appropriate frequency of atmospheric
testing; (e) set out a plan for responding to emergencies
in the confined space that, among other things, (i) identifies the situations that would trigger
emergency response procedures, (ii) identifies the equipment, including personal
protective equipment, to be used or worn in carrying out those procedures, (iii) sets out procedures for ensuring the immediate
evacuation of the confined space when an alarm is activated or where there is
any potentially hazardous change in the atmospheric concentration of a
hazardous substance, oxygen or another flammable, explosive or combustible
substance, and (iv) sets out procedures for retrieving persons
from the confined space, including alternate procedures that will ensure they
can be retrieved safely where an obstruction or other condition makes the use
of certain retrieval procedures or equipment unsafe for them or for those
carrying out the retrieval; (f) identify the means by which persons inside and
outside the confined space are to communicate among themselves, including in an
emergency; (g) identify all resources necessary for ensuring
the health and safety of employees in the confined space, including by setting
out the manner of determining the number of attendants whose presence is
necessary at the confined space; (h) set out the manner in which persons designated
under paragraph 133(1)(i) are to be notified of the time and location at
which their assistance might be required; and (i) provide for the regular conduct of emergency
response drills and exercises. Work permit 132. (1) A work permit
is required for any occupation of a confined space at a workplace. (2) In addition to the information that is
required to be set out in a work permit under subsection 53(2), the
following information shall be included in a work permit for the occupation of
a confined space: (a) the method of entering and exiting the
confined space; (b) the escape route from the confined space,
which, where persons are required to use a self-contained breathing apparatus
or airline respirator, shall allow for escape before the air supply is expected
to be exhausted; and (c) a record of all persons signing in and out of
the confined space. (3) A work permit for the occupation of a confined
space ceases to be valid 12 hours after the most recent testing conducted
under subsection 134(2). (4) The employer shall ensure that a copy of the
work permit is posted at every entrance to the confined space for the duration
of its occupation and is updated as new information referred to in paragraph
(2)(c) or paragraph 53(2)(i) becomes available. Entry and occupation requirements 133. (1) An employer shall
ensure that a person does not enter or remain in a confined space at a
workplace under its control unless (a) the person is knowledgeable about the provisions
of the occupational health and safety program that pertain to confined spaces; (b) the person is wearing a full body harness to
facilitate their retrieval or, where wearing the harness would pose a greater
risk to them than not wearing one, measures are in place to ensure that the
person can be retrieved safely in accordance with the alternate procedures
referred to in subparagraph 131(e)(iv); (c) the opening to be used for entry into and exit
from the confined space is sufficiently large to allow safe passage of persons
wearing personal protective equipment; (d) any mechanical and electrical equipment that
is in the confined space but not required to carry out any work there is (i) disconnected from its energy source, and (ii) isolated, locked out and tagged in accordance
with Part XXVII; (e) all sources of ignition are eliminated, where
a flammable, explosive or combustible substance is present in the confined
space; (f) any liquid in which a person may drown or
free-flowing solid in which a person may become entrapped has been removed from
the confined space; (g) engineering controls are in place to prevent any
inadvertent discharge from any source, including a pipe or other supply line,
that may be hazardous to the health or safety of any person in the confined
space; (h) measures have been taken to ensure that, where
an atmospheric hazard arises while the confined space is occupied, the confined
space will be continuously ventilated; (i) persons have been designated to respond to any
emergency that may arise in the confined space and have been notified of the
time and location at which their assistance may be required; (j) sufficient equipment referred to in
paragraph 131(a) and subparagraph 131(e)(ii) is provided as close as
feasible to the entrance to the confined space for use by the persons referred
to in paragraph (i); and (k) a drill has been completed simulating an
emergency rescue from the confined space. (2) The engineering controls referred to in
paragraph (1)(g) shall, with respect to a pipe containing a hazardous
substance or a substance under pressure or at a high temperature, consist of a
blank or blind in conjunction with valves or other blocking seals that are
secured in the closed position, using a positive mechanical device that is
designed to resist being opened inadvertently, other than as a result of
excessive force, to prevent the substance from reaching the blank or blind. (3) The employer shall ensure that a pipe referred
to in subsection (2) is clearly marked to indicate the location of the blank or
blind and that the valves or seals are clearly marked as being closed. (4) The employer shall ensure that adequate
barriers are erected to prevent unauthorized entry to the confined space. (5) An employer shall ensure that every person
entering and exiting a confined space signs in and out. Atmosphere 134. (1) An employer shall
ensure, where feasible, in respect of every occupied confined space at a
workplace under its control, and every area whose atmosphere may be affected
by, or may affect, the atmosphere in an occupied confined space, that (a) a person's exposure to a hazardous substance
in the atmosphere does not exceed the threshold limit value for that substance,
as adjusted where necessary to reflect the length of time the person is in the
confined space or area, or the biological exposure index for that substance,
without regard to any protection that may be afforded to the person through the
use of personal protective equipment; (b) the concentration of oxygen in the atmosphere
is not less than 19.5 percent and not more than 22.5 percent; and (c) the concentration of any other flammable,
explosive or combustible substance in the atmosphere is less than 10
percent of its lower explosive limit. (2) The employer shall ensure that a competent
person conducts atmospheric testing, and records the results, at times and
frequencies appropriate to the hazards in the atmosphere, including (a) before each time the confined space becomes
occupied, unless the atmosphere in the space was, while the space was
unoccupied, continuously monitored for any accumulation of contaminants that
could pose an immediate threat to life or that could interfere with a person's
ability to escape unaided from the space and that monitoring shows no
irregularities; (b) after any change in the work or to the
confined space that may affect its atmosphere; and (c) in any case, no less frequently than every
12 hours while the confined space remains occupied. (3) The employer shall ensure that the competent
person does not enter the confined space to carry out testing unless they have
first carried out preliminary testing of its atmosphere from outside the space. (4) In addition to the testing required under
subsection (2), the employer shall ensure that the atmosphere in the
confined space is continuously monitored for any accumulation of contaminants
that could pose an immediate threat to life or that could interfere with a
person's ability to escape unaided from the confined space and shall ensure
that all persons in the space are alerted to any such accumulation with
sufficient warning to be able to exit the space safely. (5) Where it is not feasible to comply with
subsection (1), the employer shall ensure that every person in the
confined space who wears a full body harness in accordance with paragraph 133(1)(b)
has securely attached to it a lifeline that is secured outside the confined
space and is monitored and controlled by an attendant, unless the risk of using
the lifeline would pose a greater risk to the person than not using it. Attendants 135. (1) An employer shall
ensure that attendants are stationed outside and near all entrances to each
confined space at a workplace under its control while the space is occupied to (a) maintain a record of all persons entering and
exiting the confined space and communicate that information among themselves; (b) maintain communication with and monitor the
safety of persons in the confined space; and (c) provide emergency assistance to persons in the
confined space and summon additional assistance where needed. (2) The employer shall ensure that attendants are
provided with a means of communicating continuously with persons in the
confined space, communicating with other attendants at the confined space and
summoning additional assistance. (3) Attendants shall not enter the confined space. (4) The employer shall ensure that attendants are
not assigned any duties beyond those referred to in subsection (1) while
stationed outside a confined space. (5) Where a single attendant is responsible for
monitoring more than one entrance to a confined space, the employer shall
ensure that they are stationed in the location that best allows them to perform
their duties in respect of each of those entrances. Instruction and training 136. (1) The instruction
and training that an employer shall provide to employees whose work relates to
confined spaces at a workplace under its control, including employees whose
work involves entering, evaluating, attending at, supervising persons in
or carrying out emergency response procedures in relation to a confined space,
includes (a) training on the legislation applicable to
confined spaces, including as it pertains to rights and duties; (b) training on the identification of confined
spaces; (c) training on and practice in the assessment of
risks associated with confined spaces, including the particular risks of
carrying out hot work in confined spaces; (d) training on the issuance and use of work
permits for the occupation of confined spaces; (e) an overview of the operation of personal gas
monitoring devices; (f) training on atmospheric testing, including
practice in selecting appropriate testing methods and equipment; (g) training on methods to safely ventilate or remove
unwanted substances from confined spaces; (h) training on the measures required under
paragraphs 133(1)(d) and (g) for isolating energy and substances; (i) training on methods of emergency
response; and (j) training on and practice in the selection and
use of appropriate personal protective equipment and rescue equipment in a
confined space. (2) The training required under
subsection (1) shall be provided to every employee before the first time
they do any work relating to confined spaces at the workplace and then at least
once every 3 years. (3) The employer shall also provide any employee
who may be required to carry out emergency response procedures in relation to a
confined space with training and instruction in (a) appropriate emergency response procedures for
that confined space; and (b) first aid at a level appropriate to the types
of situations that may arise in that confined space. Completion of work 137. An employer shall ensure
that, once work in a confined space at a workplace under its control is
complete, a competent person verifies that all persons have left the confined
space and all tools, equipment and other material not intended to remain in the
confined space have been removed. PART
XXVI Risks 138. The risks arising from
hot work are prescribed risks for the purpose of paragraph 201.17(2)(a) of
the Act. Work permit 139. (1) A work permit
is required for all hot work carried out at a workplace. (2) The circumstances referred to in
paragraph 53(2)(e) that shall be set out in the work permit include (a) the location where the hot work is to be
carried out, in particular, relative to any areas referred to in
subsection 26(2); (b) the presence of any flammable, explosive or
combustible material; and (c) the presence of any material that could
produce toxic or flammable vapours. (3) The work procedures referred to in
paragraph 53(2)(f) that shall be set out in the work permit shall
identify, among other things, the tools and equipment to be used in carrying
out the hot work. Requirements 140. (1) An employer shall
ensure that hot work is not carried out at a workplace under its control unless (a) the atmosphere in the work area and any
adjacent area that may be affected by the hot work is continuously monitored
for flammable, explosive or combustible substances, where there is a risk of
them being present in those areas, and all persons in those areas are alerted where
there is a risk of any of those substances being present in concentrations
exceeding the values referred to in paragraphs (b) and (c); (b) the atmospheric concentration of oxygen is
less than 22.5 percent; (c) the atmospheric concentration of any other
flammable, explosive or combustible substance is less than 5 percent of
its lower explosive limit; (d) all potential sources of flammable, explosive
or combustible substances have been identified, isolated and locked out; (e) the work area and any adjacent area that may
be affected by the hot work are free of all materials that could produce a
toxic, flammable, explosive or combustible vapour when heated; (f) a competent person maintains a fire watch
patrol; and (g) firefighting equipment appropriate to all fire
hazards that may arise is readily accessible. (2) The employer shall ensure that welding, cutting
and allied processes are carried out, to the extent feasible, in accordance
with the requirements set out in CSA Group standard W117.2, "Safety in welding, cutting, and allied
processes". (3) The employer shall ensure that, where gas is
used in the carrying out of hot work, (a) all hose lines or pipes that convey gases to
the burner, and all couplings, are clearly identified to ensure they are not
interchanged; (b) only standard fittings are used and those
fittings, as well as any regulator or automatic reducing valve on the equipment
being used, are designed for the gas being used; (c) safety devices that prevent the reverse flow
of fuel, gas, oxygen or air from the torch end of the equipment being used to
the supply lines and that prevent a flame from burning back from the torch end
into the supply lines are used; (d) all gas cylinders, piping and fittings are
located to prevent them from being damaged or are otherwise protected against
damage; (e) all regulators and associated flexible
connecting hoses are tested for leaks, using a substance that is not oil-based,
fat-based or grease-based, immediately after being connected to a gas cylinder
or other gas supply; (f) while the hot work is being carried out, a
person is stationed in a location that allows them to immediately cut off the
gas supply in an emergency; (g) the gas supply is immediately cut off where a
leak is detected during the test referred to in paragraph (e) or during
the hot work and no further work is carried out until the leak has been
repaired and another test has been carried out to verify the success of the
repair; (h) all parts of the equipment being used are free
from defects, leaks, oil and grease; (i) the torch is ignited only with a device that
is designed for that purpose; and (j) hot metal parts and electrode stubs are
disposed of or otherwise dealt with when not in use in a manner that dissipates
heat and minimizes the potential for ignition and fire. PART
XXVII Definitions 141. In this Part (a) "electrical hazard" means a danger
of electric shock, arc flash burn, thermal burn or blast injury resulting from
contact with electrical equipment or failure of that equipment; (b) "hazardous energy" means any energy
that can harm a person; (c) "limited approach boundary" means (i) in respect of an exposed energized electrical
conductor, (A) where it is part of an alternating current
system, the distance set out in column 2 of Schedule A that
corresponds to the conductor's voltage in column 1, and (B) where it is part of a direct current system,
the distance set out in column 2 of Schedule B that corresponds to
the conductor's voltage in column 1, and (ii) in respect of an exposed energized circuit
part, (A) where it is part of an alternating current system,
the distance set out in column 3 of Schedule A that corresponds to
the part's voltage in column 1, and (B) where it is part of a direct current system,
the distance set out in column 3 of Schedule B that corresponds to
the part's voltage in column 1; and (d) "restricted approach boundary" means,
in respect of an exposed energized electrical conductor or circuit part, (i) where it is part of an alternating current
system, the distance set out in column 4 of Schedule A that
corresponds to the conductor's or part's voltage in column 1, and (ii) where it is part of a direct current system,
the distance set out in column 4 of Schedule B that corresponds to
the conductor's or part's voltage in column 1. Occupational health and safety program 142. Exposure to hazardous
energy, including as a result of the unexpected start-up of any equipment,
machine, device or system or as a result of contact with or a failure of
electrical equipment, is a prescribed risk for the purpose of paragraph 201.17(2)(a)
of the Act and an occupational health and safety program shall (a) set out, for each piece of equipment, machine,
device and system at the workplace that may present such a risk, (i) the nomenclature by which it is to be
identified, which shall be consistent with any associated design documents, (ii) detailed procedures for de-energizing it and
isolating its energy source using an energy-isolating device at all possible
locations, both local and remote, and (iii) detailed procedures for verifying and testing
that the de-energization and isolation are complete; (b) set out detailed procedures for securing and
removing lockout devices and for affixing tags or signs to those devices; (c) set out the method by which persons in the
vicinity of any equipment, machine, device or system are to be notified of its
lockout; (d) set out procedures for the orderly transfer of
control of lockout devices between outgoing and incoming employees during shift
or personnel changes; (e) set out measures for ensuring that, before any
equipment, machine, device or system that has been locked out is re-energized,
all persons are clear of, and have been instructed to remain clear of, the area
in which they would be at risk of exposure to hazardous energy; (f) set out procedures for the inspection and
testing of electrical equipment and circuits, including the selection of
appropriate testing equipment, having regard to the electrical code to which
the workplace is designed; (g) set out procedures for maintaining the
integrity of any electrical equipment's insulation and its enclosure; (h) set out procedures for all work involving
hazardous energy, including in relation to (i) the selection of appropriate tools, (ii) the use of personal protective equipment and
other protective devices, and (iii) communication with persons in the vicinity of
the location where the work is being carried out to ensure the safe
coordination of the work with other activities; (i) identify the limited approach boundaries and
restricted approach boundaries that apply to all locations at the workplace
where shock hazards exist; (j) identify the arc flash boundary for every
piece of electrical equipment at the workplace that gives rise to an arc flash
hazard; (k) address the number of persons, including
electrical safety watchers, needed to safely carry out electrical work and the
competencies those persons are required to meet; (l) set out procedures for carrying out work
involving multiple power systems, where applicable; (m) set out procedures for responding to
emergencies involving hazardous energy, including with respect to the use of
emergency equipment; and (n) address precautions to be taken with respect
to battery rooms. Work permit 143. A work permit is
required for all work at a workplace that presents a risk of exposing any
person to hazardous energy, including any work carried out closer to an exposed
energized electrical conductor or circuit part than the applicable limited
approach boundary or restricted approach boundary. Employer obligations 144. (1) An employer shall
ensure, at each workplace under its control, that (a) hazardous energy is controlled in accordance
with CSA Group standard Z460, "Control of hazardous energy Lockout and other methods"; (b) every energy-isolating device is (i) designed and located to permit its quick and
safe operation at all times, and (ii) marked to identify, in the manner referred to
in subparagraph 142(a)(i), the equipment, machine, device or system whose
energy source it isolates; (c) lockout devices and locks for securing them
are readily available to employees who may need to carry out a lockout; (d) every lock used to secure a lockout device is (i) marked with a unique identification number,
and (ii) openable only with a unique key; (e) a lockout device is not secured on an
energy-isolating device in a manner that prevents access to any other
energy-isolating device; (f) an employee who secures a lockout device
affixes to it a tag or sign containing only the following information: (i) the equipment, machine, device or system whose
energy source has been isolated and the type of energy that has been isolated, (ii) words or a symbol prohibiting any person from
starting or operating the equipment, machine, device or system, (iii) the date and time of the lockout, (iv) the name of the employee who secured the
lockout device, and (v) the reason for the lockout; (g) a tag or sign is not removed from a lockout
device by anyone other than the employee who affixed it or to whom control of
the device has been transferred in accordance with the procedures referred to
in paragraph 142(d); (h) any equipment, machine, device or system that
has been locked out is inspected before being returned to service; (i) all electrical equipment is adequately
guarded, insulated and, subject to paragraph 91(1)(i), grounded to prevent
electrical hazards; (j) all grounded electrical equipment that plugs
into an electrical receptacle meets the following requirements: (i) its cord, if any, contains a grounding conductor, (ii) its plug and the receptacle into which the
plug is inserted are not (A) connected or altered in a manner that might
interrupt the continuity of the grounding conductor, or (B) altered to allow for use in a manner not
intended by the manufacturer, and (iii) it is not used with an adapter that would
interrupt the continuity of the grounding conductor; (k) work is not carried out on electrical
equipment while it is energized unless necessary due to equipment design or
operational limitations; (l) a competent person identifies, using an arc
flash analysis, all electrical equipment that poses an arc flash hazard and
that equipment has affixed to it a warning label setting out the date of the
analysis and the following information reflecting the analysis: (i) the equipment's nominal voltage, (ii) the arc flash boundary for the equipment, and (iii) an indication of (A) the available incident energy and
corresponding working distance in respect of the equipment, (B) the arc flash category of personal protective
equipment that shall be used with the equipment, (C) the minimum arc rating of personal protective
equipment that shall be used with the equipment, or (D) the site-specific level of personal protective
equipment that shall be used with the equipment; (m) only the following persons work on energized
electrical equipment used for the generation or distribution of electricity or
install, repair, alter or test electrical equipment: (i) a person who is certified as an electrician
under the laws of a province, (ii) a person who has qualifications from a
jurisdiction outside of Canada equivalent to those of a person referred to in
subparagraph (i), and (iii) a person who is undergoing on-the-job training
under the direct supervision of a person referred to in subparagraph (i)
for the purpose of becoming such a person and who has demonstrated an ability
to perform tasks safely at their level of training; (n) electrical equipment is installed in a
location that minimizes risk to the safety of persons and in a manner that
protects the equipment from mechanical and other damage; (o) the working space around and the path of
access to every electrical switch, energy-isolating device or meter are free
from obstruction and arranged to give authorized persons ready access to them; (p) electrical rooms are not used for storing
flammable, explosive or combustible materials or materials that are unrelated
to electrical work; (q) volatile flammable substances are not used in
any electrical room or other enclosed area through which high-voltage
electrical current passes; (r) all electrical equipment that is used in an
area referred to in subsection 26(2) has been certified by a competent
person who is independent of the operator, employer and manufacturer as being
safe for use in such an area; (s) any electrical receptacle or extension cord
that is used in an area referred to in subsection 26(2) is equipped with a
terminal that interrupts the circuit before a connecting device is withdrawn; (t) all electrical receptacles that may be exposed
to weather are weatherproof; (u) all electrical receptacles in an area in which
persons may be exposed to water, including within 1.5 metres of faucets
and showers, are designed or equipped to prevent ground faults; (v) precautions are taken to prevent a plug from
being inserted into an electrical receptacle of the incorrect voltage; (w) electrical drawings, produced by a competent
person and containing line diagrams indicating the position and voltage rating
of all electrical components at the workplace, are made readily available to
all persons at the workplace and are updated after any repair or alteration to
the electrical system; (x) legible warning signs, written in the official
operating language of the workplace with symbols to convey the same meaning,
are posted wherever an electrical hazard exists; and (y) a non-conductive rescue hook is kept readily
available for use wherever a person is carrying out work that may expose them
to a shock hazard. (2) Where the energy source being isolated is
electric, the tag or sign referred to in paragraph (1)(f) shall be made of
non-conductive material. (3) The employer shall ensure that (a) an energy-isolating device used on a pipe that
contains a substance that may release hazardous energy, other than in a
confined space, (i) consists of a blank or blind in conjunction
with valves or other blocking seals that are secured and locked out in the
closed position to prevent the substance from reaching the blank or blind, (ii) consists of a double block and bleed system
consisting of 2 valves or other blocking seals that are secured and locked out
in the closed position and located on each side of a valve or other mechanism
that is secured and locked out in the open position to allow for bleed-off
between the 2 seals, or (iii) has been approved by a professional engineer; (b) the location of any blank or blind referred to
in subparagraph (a)(i) is clearly marked on the pipe; (c) all valves or other seals or mechanisms
referred to in subparagraph (a)(i) or (ii) are clearly marked to
indicate the position they are in; and (d) any energy-isolating device referred to in
subparagraph (a)(ii) or (iii) is monitored for leaks. (4) The employer shall ensure that electrical
equipment that is taken out of service under section 88 is de-energized
until a competent person determines it to be safe for use. Approach boundaries 145. (1) An employer shall
ensure that a person at a workplace under its control is not closer to an exposed
energized electrical conductor or circuit part than (a) the applicable restricted approach boundary,
unless they are a person referred to in paragraph 144(1)(m); or (b) the applicable limited approach boundary,
unless they are a person referred to in paragraph 144(1)(m) or are
accompanied by such a person. (2) In any case, a person may not be closer to an
exposed energized electrical conductor or circuit part than is necessary to
carry out their work. (3) Where a person is required to work closer to
an exposed energized electrical conductor or circuit part than the applicable
limited approach boundary but does not require access to the conductor or part,
or where a person working outside that boundary is at risk of inadvertently
moving within it, the employer shall ensure that (a) temporary barriers that do not touch the
equipment to which the conductor or circuit part belong are installed to
prevent access to the conductor or part; and (b) the work is constantly observed by an
electrical safety watcher designated by the employer. (4) Where a person is required to work closer to
an exposed energized electrical conductor or circuit part than the applicable
restricted approach boundary, or where a person working outside that boundary
is at risk of inadvertently moving within it, the employer shall ensure that
any tools and equipment that the person uses that could make contact with the
electrical conductor or circuit part are insulated. (5) An employer shall ensure that, where a person
at a workplace under its control is required to work within an arc flash
boundary identified under paragraph 142(j), (a) that person has received training in the
recognition and mitigation of arc flash hazards; (b) that person wears arc-rated personal
protective equipment that is selected having regard to the information set out
on the label referred to in paragraph 144(1)(l); and (c) the work is constantly observed by an
electrical safety watcher designated by the employer. (6) An employer shall ensure that any electrical
safety watcher whom it designates for the purpose of paragraph (3)(b)
or (5)(c) (a) is knowledgeable of the hazards associated
with the work; (b) is trained in methods of release and rescue
and has the equipment necessary for carrying them out, including all personal
protective equipment necessary for their own health and safety; (c) has first aid qualifications at least
equivalent to a standard first aid certificate; (d) is knowledgeable in the procedures to be
followed to obtain medical and other emergency assistance and is provided with
a means of summoning that assistance without delay; (e) has the authority to immediately stop any part
of the work that they consider dangerous; (f) warns the persons carrying out the work of the
hazards associated with it; (g) remains in the area in which the work is being
carried out for its duration; (h) ensures that all safety precautions and
procedures are complied with; and (i) is free of any other duties that might
interfere with their duties as a watcher. PART
XXVIII Hose lines 146. An employer shall ensure
that all hose lines for conveying flammable gas or oxygen from supply piping or
compressed gas cylinders to torches at a workplace under its control have
threads that conform to Compressed Gas Association standard CGA V-1, "Standard for Compressed Gas Cylinder Valve
Outlet and Inlet Connections". Compressed gas cylinders 147. (1) An employer shall
ensure that all compressed gas cylinders at a workplace under its control, and
all equipment used with them, including regulators, automatic reducing valves,
gauges and hose lines are compatible for use with one another, as indicated in
the manufacturers' specifications. (2) The employer shall ensure that equipment
referred to in subsection (1) that is provided for use with a compressed
gas cylinder containing a particular gas or group of gases is not used at a
workplace under its control with a compressed gas cylinder containing a
different gas, unless that use is approved by the persons who supplied the
compressed gas cylinder and the equipment. (3) The employer shall ensure, with respect to
every compressed gas cylinder at a workplace under its control, that (a) the cylinder's connections to piping,
regulators and other components are kept sufficiently tight to prevent leakage;
and (b) the cylinder's valves are kept closed at all
times unless (i) gas is flowing from the cylinder, (ii) the gas in the cylinder is maintaining
pressure in a supply line, or (iii) the cylinder is on standby during and between
operations using gas and is not left unattended. Portable compressed gas cylinders 148. (1) An employer shall
ensure that all portable compressed gas cylinders at a workplace under its
control (a) are not (i) rolled on their sides, (ii) subjected to rough handling, or (iii) moved using a lifting magnet or sling; (b) are protected from (i) exposure to corrosive materials or
corrosion-aiding substances, (ii) exposure to excessive heat or fire, and (iii) falling and impact; (c) where they are not equipped with appropriate
lifting mechanisms, are lifted only while held by a suitable cradle, platform
or other device; (d) are transported in a manner that will prevent
damage to them and their components, including by (i) being fastened securely in an upright
position, unless designed for transport in another orientation, and (ii) having in place a protective cap or other
means of preventing damage to their valves; and (e) are stored (i) securely in place, using securing devices capable
of withstanding a fire, (ii) in a well-ventilated storage area where the
cylinders are not exposed to temperature extremes, in accordance with the specifications
of the cylinder manufacturer and the person who supplied the gas, (iii) with the cylinders grouped by type of gas and
the groups arranged having regard to the gases they contain, (iv) with full and empty cylinders separated, (v) at a safe distance from all operations that
produce flames, sparks or molten metal or that would result in excessive
heating of the cylinder, and (vi) with all protective devices with which they
are equipped in place. (2) The employer shall ensure that signs are
posted in a conspicuous place in each storage area in which portable compressed
gas cylinders are stored, indicating the names of the gases stored. PART
XXIX Employer obligations 149. (1) The risks
associated with abrasive blasting, high-pressure washing or any similar
operation are prescribed risks for the purpose of paragraph 201.17(2)(a)
of the Act and an employer shall, where such an operation is carried out at a
workplace under its control, ensure that (a) every enclosure and other work area in which
the operation is carried out is identified by warning signs or similar means; (b) only employees who are necessary for the
operation are permitted in the enclosure or other work area in which the
operation is carried out; and (c) every enclosure is provided with exhaust
ventilation and makeup air to reduce the exposure of persons inside the
enclosure, where applicable, to air contaminants and prevent the uncontrolled
release of air contaminants from the enclosure. (2) For the purpose of subsection (1), "enclosure" means
a temporarily or permanently contained work area in which abrasive blasting,
high-pressure washing or any similar operation is carried out, and includes an
unoccupied contained work area in which such an operation is carried out by a
person located outside that area. PART
XXX Definition 150. In this Part, "activity involving
an explosive" includes the storage, handling, transportation,
preparation or use of an explosive. Occupational health and safety program 151. The risks associated
with the carrying out of activities involving an explosive are prescribed risks
for the purpose of paragraph 201.17(2)(a) of the Act and the occupational
health and safety program in respect of a workplace at which those activities
may be carried out shall (a) address the designation of areas in which
those activities may be carried out; (b) set out procedures respecting (i) the loading and recovery of explosives,
including measures to be taken prior to loading and recovery to address stray
electrical energy and radiofrequency, (ii) the secure storage of explosives, including
their protection from heat, impact and electrical charge, (iii) the selection and use of appropriate tools,
including non-sparking tools, (iv) the management of misfires, and (v) the disposal of waste explosive materials; and (c) address the possible effects of weather
conditions on the activities. Work permit 152. A work permit is
required for any activity involving an explosive that is carried out at a
workplace. Employer obligations 153. (1) An employer shall
ensure, with respect to each workplace under its control, that (a) only competent persons designated by the
employer are involved in any activity involving an explosive or have access to
explosives; (b) only persons who are directly involved in the
activity are permitted in the area in which it is carried out; (c) the quantity of explosives stored at the
workplace is kept to a minimum and does not, in any event, exceed 75 kilograms
unless otherwise authorized by the chief safety officer; (d) detonators are not stored with any other
explosive other than a detonator of the same type; (e) containers in which explosives are stored are (i) constructed to safely contain the explosives
during all potential emergencies, or (ii) constructed and located in a manner that allows
them to be safely jettisoned in an emergency; and (f) a competent person maintains and keeps in a
readily accessible location a register of all explosives stored, removed from
storage, used, misfired, destroyed or transferred outside the workplace, setting
out (i) the competent person's name, (ii) the name of the person who stored, removed,
used, destroyed or transferred the explosive, (iii) the date of the storage, removal, use,
destruction or transfer, (iv) the type and amount of explosive stored,
removed, used, misfired, destroyed or transferred, and (v) particulars of the explosive's use, intended
use, destruction or transfer. (2) The employer shall retain the register
referred to in paragraph (1)(f) for at least 2 years after the last day on
which information is recorded in it. PART
XXXI Definitions 154. In this Part (a) "fugitive emission" means a
hazardous product in any form that escapes into the workplace from processing
equipment, emission control equipment or a product; (b) "hazardous waste" means a hazardous
product that is intended to be recycled, recovered or disposed of; and (c) "product identifier" means, in
respect of a hazardous substance, including a hazardous product, its brand
name, chemical name, common name, generic name or trade name. Occupational health and safety program 155. (1) Exposure to
hazardous substances is a prescribed risk for the purpose of paragraph 201.17(2)(a)
of the Act and the associated control measures set out in the occupational
health and safety program shall be commensurate to the risks associated with
each hazardous substance present at the workplace. (2) An occupational health and safety program shall
set out procedures for (a) managing the introduction of new hazardous substances
into the workplace; (b) identifying and substituting, to the extent
feasible, non-hazardous or less hazardous substances for more hazardous
substances used at the workplace; (c) ensuring that all safety data sheets and other
documents containing hazard information with respect to hazardous substances at
the workplace are kept up to date; (d) developing and implementing any medical
monitoring program that may be required under paragraph 156(1)(c); (e) identifying and implementing means, potentially
including protective reassignment, of eliminating all workplace exposure to
a respiratory sensitizer or skin sensitizer, as those terms are
defined in section 8.4 of the Hazardous Products Regulations (Canada), for any employee who is or
is likely to be sensitized to that substance; (f) informing employees of the hazards posed by
any substance that is a germ cell
mutagen, as defined in section 8.5 of the Hazardous
Products Regulations (Canada),
or toxic to reproduction,
as defined in section 8.7 of those regulations, to which they may be
exposed at the workplace; and (g) determining levels of safe exposure to the
substances referred to in paragraph (f) for persons who are pregnant or
breastfeeding or intend to conceive a child and identifying and implementing
means, potentially including protective reassignment, of ensuring that those
levels are not exceeded in respect of any employee who has advised the employer
that they are such a person. Investigation and assessment 156. (1) The employer shall,
for the purpose of investigating and assessing potential exposure to hazardous
substances under paragraph 201.19(f) of the Act, before the work that
gives rise to the potential exposure begins, (a) obtain from a competent person designated by
it, in consultation with the workplace committee or coordinator, as the case
may be, a signed written report that (i) addresses the following factors in respect of
each hazardous substance to which employees may be exposed: (A) the substance's chemical, biological and physical
properties, (B) the routes of exposure to the substance, (C) the acute and chronic effects on health of
exposure to the substance, (D) the manner in which the substance is produced,
stored, used, handled and disposed of at the workplace, (E) the control methods used to eliminate or
reduce the employees' exposure to the substance, and (F) the quantity, concentration or level of
substance to which the employees may be exposed, including, in the case of an
airborne chemical agent, whether that concentration is likely to exceed 50
percent of the threshold limit value for that agent referred to in
paragraph 157(1)(a), and (ii) sets out the competent person's
recommendations regarding compliance with the provisions of the Act and these regulations
respecting hazardous substances, including recommendations in respect of
sampling, testing and medical examinations of employees; (b) where the report referred to in paragraph (a)
recommends the medical examination of employees, (i) obtain from a physician with specialized
knowledge of the hazardous substance to which the employees may be exposed a
written opinion, to be retained with the report, as to whether the medical
examination is necessary, and (ii) where it is confirmed that the examination is
necessary, obtain the results of a medical examination of each employee,
carried out by a physician acceptable to that employee and at the employer's
expense, indicating whether the employee is fit to be exposed to the substance
and, if so, any restrictions that ought to be imposed on their exposure; and (c) assess whether and to what extent medical
monitoring of employees is necessary and, where the employer determines that it
is necessary, or where requested by the board under paragraph 201.63(1)(f)
of the Act, implement a program for the medical monitoring of the employees. (2) Where 2 or more hazardous substances have a
similar toxicological effect on the same target organ or system, their combined
effect shall be considered for the purpose of the investigation and assessment,
using the additive mixture formula set out in the American Conference of
Governmental Industrial Hygienists publication "TLVs and BEIs: Based on the Documentation of
the Threshold Limit Values for Chemical Substances and Physical Agents &
Biological Exposure Indices". (3) Where it is likely that the concentration of
an airborne chemical agent referred to in clause (1)(a)(i)(F) exceeds the
threshold limit value for that agent referred to in paragraph 157(1)(a),
the concentration shall be determined using a test that conforms to the United
States National Institute for Occupational Safety and Health's "NIOSH Manual of Analytical Methods",
where such a test exists for that agent. Employer obligations 157. (1) An employer shall
ensure, in respect of each workplace under its control, that (a) an employee's exposure to a hazardous
substance does not exceed the threshold limit value for that substance, as
adjusted where necessary to reflect the length of the employee's work period,
or the biological exposure index for that substance; (b) automated detection and warning systems are in
place, where feasible, to alert employees of any potential exposure to a
hazardous substance; (c) hazardous substances are stored (i) in an area, designated by the employer for
that purpose, that is (A) designed and constructed to provide for the
safe containment and protection of its contents, (B) clearly identified by appropriate signage, (C) designed and maintained, including through the
provision of adequate ventilation and lighting, to allow for its safe occupancy
and the safe movement of employees, equipment and material, and (D) designed and equipped to permit effective
emergency response having regard to the nature of each substance being stored,
including, where any of the substances is flammable or combustible, by being
equipped with a suitable fire suppression system, (ii) in containers that are designed and
constructed to protect persons from the substances' hazardous effects, and (iii) in a manner that ensures that (A) the substances and their containers cannot
readily fall, become dislodged, suffer damage or be exposed to extreme
temperatures, and (B) where the mixing of multiple substances would
create a health or safety hazard to persons, those substances are prevented
from mixing in the event of container leakage, breakage or other similar
circumstance; (d) any storage area designated under
subparagraph (c)(i) in which a flammable or combustible substance is to be
dispensed or transferred also meets the following criteria: (i) its ventilation conforms to the applicable
provisions of National Fire Protection Association publication NFPA 30, "Flammable and Combustible Liquids Code", (ii) its exhaust air is discharged outdoors, to an
area in which the exhaust will not pose a risk to the health or safety of any
person, and the storage area is provided with makeup air, (iii) any makeup air duct that passes through a fire
separation is equipped with a fire damper that is fitted to close automatically
on detection of fire or the arming of a related fire suppression system, and (iv) any doors to or within the area are
self-closing; (e) hazardous substances are removed from storage
and used in as small a quantity as is feasible; (f) any hazard posed by a hazardous substance,
including as a result of its production, storage, handling, use or disposal, is
confined to as small an area as is feasible; (g) signs warning of the presence of hazardous
substances are posted in conspicuous places, including all access points to the
area in which the substances are present; (h) any production, storage, handling, use or
disposal of a hazardous substance is done in accordance with the safety data
sheet for that substance, if any, or another document containing hazard
information in respect of that substance; (i) any handling, storage or use of a hazardous
substance that is at risk of igniting from static electricity conforms to the
National Fire Protection Association publication NFPA 77, "Recommended Practice on Static Electricity"; (j) any words or symbols that identify the
contents of a container as a hazardous substance are removed once the container
has been completely cleaned of that substance; (k) where an employee's skin, hair or clothing is
likely to become contaminated by a hazardous substance in the course of their
work, (i) a shower is available to them, outside of the
accommodations area, for the purpose of decontamination, and (ii) they are allowed sufficient time during their
normal working hours to use the decontamination shower or other cleaning
facilities; (l) appropriate emergency eye-wash stations and
showers that conform to and have been installed in accordance with
ANSI/International Safety Equipment Association (ISEA) standard Z358.1, "American National Standard for Emergency
Eyewash and Shower Equipment" are provided in any work area
where a person's eyes or skin may be exposed to a hazardous substance, having
regard to the risk of exposure and the hazard information for that substance; (m) a person does not enter any accommodations
area while wearing clothing that is likely to have been contaminated by a
hazardous substance, other than a space within that area that has been
designated by the employer for the removal of contaminated clothing; (n) any person who handles, cleans or disposes of
clothing at a workplace does so in a manner that minimizes exposure of persons
to hazardous substances, including by (i) storing clothing that is wet or likely to have
been contaminated with a hazardous substance separately from clothing that is
not wet or contaminated, and (ii) laundering clothing that is likely to have
been contaminated with a hazardous substance separately from other clothing; (o) any use of a device that is capable of emitting
energy in the form of electromagnetic waves conforms to the applicable safety
code, including any addendums, published by the federal Department of Health; (p) any non-destructive testing activity that
involves a device that is capable of emitting energy in the form of
electromagnetic waves is carried out by a person certified by the federal Department of Natural
Resources' National Non-Destructive Testing Certification Body; (q) every piping system that contains a hazardous
substance is (i) designed to control static electricity, (ii) fitted with valves or other safety devices to
ensure its safe operation, (iii) marked using any method, including
colour-coding or signage, to identify the hazardous substance it contains and, where
applicable, the direction of the flow, and (iv) notwithstanding paragraph 87(1)(e),
inspected before it is placed in service and then at least once a year; and (r) where an employee is carrying out work on a
piping system that contains a hazardous substance, (i) the following engineering controls are fitted
on pipes as necessary to prevent the inadvertent discharge of the substance: (A) a blank or blind, in conjunction with valves
or other blocking seals that are secured in the closed position to prevent the
substance from reaching the blank or blind, (B) a double block and bleed system, consisting of
2 valves or other blocking seals that are secured in the closed position and
located on each side of a valve or other mechanism that is secured in the open
position to allow for bleed-off between the 2 seals, or (C) another engineering control that has been
approved by a professional engineer, (ii) the location of any blank or blind referred to
in clause (i)(A) is clearly marked on the pipe and all valves and other seals and
mechanisms referred to in clause (i)(A) or (B) are clearly marked to indicate
the position they are in, and (iii) any engineering control referred to in clause
(i)(B) or (C) is monitored for leaks throughout the work. (2) Each valve or other seal or mechanism referred
to in subparagraph (1)(r)(i) shall be secured in the open or closed position,
as the case may be, using a positive mechanical device that is designed to
resist being opened inadvertently, other than as a result of excessive force. (3) An employer shall retain all records of
exposure referred to in paragraph 201.19(g) of the Act for 40 years
after the day on which the exposure is first documented. Identification 158. (1) For the purpose
of paragraph 201.19(c) of the Act, any container that contains a hazardous
substance, other than a hazardous product, is to be clearly marked with the substance's
generic name and hazardous properties. (2) Where a safety data sheet or other document
that identifies and sets out hazard information in respect of a hazardous
substance, other than a hazardous product, that is stored, handled or used at a
workplace may be obtained from the supplier by the employer with control over
the workplace, the employer shall obtain that document and make it available to
every employee at the workplace. Hazardous products - labelling 159. (1) Paragraph 201.19(d)
of the Act does not apply in respect of (a) a manufactured
article, as defined in section 2 of the Hazardous Products Act (Canada); (b) wood or any product made of wood; (c) hazardous waste, or the container that
contains it, where a sign that clearly and legibly sets out the product
identifier and up-to-date hazard information in respect of the waste is posted
in a conspicuous place near it; (d) a portable container containing a hazardous
product that is filled from a container that is labelled in accordance with the
Act and these regulations where (i) the hazardous product is to be used
immediately, or (ii) the hazardous product is to be used only
during the work shift in which the portable container is filled, it remains
under the control of the employee who filled the portable container and is used
only by them and the portable container has applied to it a label that sets out
the product identifier for the product; (e) a laboratory
sample, as defined in subsection 5(1) of the Hazardous Products
Regulations (Canada), that
is not in a container received from the supplier,
as defined in section 2 of the Hazardous Products Act (Canada), where the hazardous product
in question is identified with sufficient clarity to permit employees to obtain
hazard information in respect of it; (f) a hazardous product that the employer intends
to export, or the container that contains it, where a sign that clearly and
legibly discloses the following information is posted in a conspicuous place
near the product: (i) the product identifier for the hazardous
product, (ii) up-to-date hazard information in respect of
the hazardous product, and (iii) the fact that a document referred to in
paragraph 201.19(e) of the Act or paragraph 160(1)(c) in respect of the
hazardous product is available at the workplace; (g) any of the following hazardous products, where
a sign that clearly and legibly discloses the product identifier is posted in a
conspicuous place near the product: (i) a fugitive emission produced at the workplace, (ii) a hazardous product in a process or reaction
vessel, (iii) a hazardous product in a pipe or piping
system, or (iv) a bulk
shipment, as defined in subsection 5.5(1) of the Hazardous
Products Regulations (Canada),
that has been received at the workplace and has not been transferred to a
container; or (h) any other hazardous product that is not in a
container, where a sign that clearly and legibly discloses the information
referred to in subparagraphs (f)(i) to (iii) is posted in a conspicuous place
near the product. (2) For the purpose of paragraph 201.19(d) of the
Act, the information that each label shall disclose is the information that is
required to be disclosed on a label under the Hazardous Products
Regulations (Canada) and
the hazard symbols that the label shall have displayed on it, and the manner of
displaying those symbols, are those required by those regulations. (3) Notwithstanding subsection (2), the label need
only set out (a) the product identifier and up-to-date hazard
information in respect of hazardous waste or the container that contains it; (b) the information referred to in subparagraphs
(1)(f)(i) to (iii) in respect of (i) a hazardous product that is produced at the
workplace or the container that contains it, (ii) a container that is not received from a supplier, as defined in section 2 of
the Hazardous Products Act
(Canada), or the hazardous product that it contains, (iii) a hazardous product or container that was
previously labelled in accordance with subsection (2) where that label became
illegible or was lost, or (iv) a hazardous product or container for which the
employer is actively seeking a label that conforms to subsection (2); or (c) the information referred to in subparagraphs
(1)(f)(i) and (ii) in respect of (i) a product listed in Schedule 1 to the Hazardous
Products Act (Canada) or the container that contains it, or (ii) a nuclear
substance, as defined in section 2 of the Nuclear Safety and Control
Act (Canada), or the
container that contains it. Hazardous products - safety data sheets 160. (1) Paragraph 201.19(e)
of the Act does not apply in respect of (a) a manufactured
article, as defined in section 2 of the Hazardous Products Act (Canada); (b) wood or any product made of wood; (c) the following hazardous products, where the
employer makes available a document containing the product identifier and
detailed, up-to-date hazard information in respect of the product: (i) a product listed in Schedule 1 to
the Hazardous Products Act (Canada),
or (ii) a nuclear
substance, as defined in section 2 of the Nuclear Safety and
Control Act (Canada); (d) a hazardous product that is produced at the
workplace and is a fugitive emission or an intermediate product undergoing
reaction within a process or reaction vessel; (e) hazardous waste; or (f) any hazardous product for which the employer
is actively seeking the document referred to in that paragraph, as long as any
label affixed to, printed on or attached to the product or container that
contains information about the product is not removed, defaced, modified or
altered. (2) The information that shall be disclosed for
the purpose of subparagraph 201.19(e)(v) of the Act is all information not
referred to in subparagraphs 201.19(e)(i) to (iv) of the Act that is
required to be included on a safety data sheet under the Hazardous
Products Regulations (Canada). Exemption from requirement to disclose 161. (1) Where an
employer has filed a claim under subsection 11(2) of the Hazardous
Materials Information Review Act (Canada) for an exemption from a
requirement under that Act to disclose information, it shall disclose in place
of that information on any safety data sheet or other document, label or sign (a) where there has been no final determination in
respect of the claim, the date on which the claim for exemption was filed and
the registry number assigned to the claim under section 10 of the Hazardous
Materials Information Review Regulations (Canada); or (b) where the final determination in respect of
the claim is that the claim is valid, a statement that an exemption has been
granted and the date on which the exemption was granted. (2) Notwithstanding subsection (1), where the
claim for exemption is in respect of a product identifier, the employer shall
disclose, in place of the product identifier on any safety data sheet or other
document, label or sign, a code name or code number assigned by the employer to
identify the hazardous product. Instruction and training 162. The instruction and
training that an employer shall provide to its employees includes (a) where the employee is likely to handle or be
exposed to a hazardous substance, training with respect to the content required
on labels and safety data sheets and the purpose and significance of that
content; (b) where the employee installs, operates,
maintains or repairs a piping system that contains a hazardous substance, or
any component of such a system, training with respect to the significance of
the colour-coding, signage or other markings referred to in subparagraph 157(1)(q)(iii);
and (c) where the employee is one referred to in
paragraph (a) or (b), instruction with respect to procedures for the safe
storage, handling, use and disposal of the hazardous substances to which they
may be exposed, including procedures to be followed in an emergency involving a
hazardous substance or when a fugitive emission is present. Provision of information in emergency 163. For the purpose of
subsection 201.20(1) of the Act, a medic is a prescribed medical
professional. PART
XXXII Definitions 164. In this Part (a) "decompression table" means a table
or set of tables that shows a schedule of rates for safe descent and ascent and
decompression stop times, having regard to the breathing mixture to be used by
a diver during a dive; (b) "dive contractor" means an employer
that exercises direction and control over diving operations at a workplace; (c) "dive team" means all divers,
standby divers, dive support personnel and dive supervisors on a dive project;
and (d) "dive safety specialist" means a
person designated under subsection 168(1). Occupational health and safety program 165. The risks associated
with diving operations are prescribed risks for the purpose of paragraph 201.17(2)(a)
of the Act and the occupational health and safety program in respect of a
workplace from which a dive project is carried out shall include (a) procedures for consulting with employees who perform
a variety of roles in the diving operations, including members of the dive
team, with respect to the management of risks to divers' health and safety; (b) procedures for obtaining the agreement of the
dive safety specialists designated in respect of the dive project with respect
to the hazards identified, the risks assessed and the hazard control measures
to be implemented; (c) procedures for safely carrying out each task
associated with the dive project, including with regard to the equipment to be
used; (d) procedures for ensuring divers' safe and
controlled entry into and exit from the water; (e) procedures for carrying out decompression in a
manner that will minimize decompression sickness or other adverse effects on
divers, including having regard to repetitive factor and residual inert gases; (f) procedures for treating decompression
sickness, including decompression sickness that results from planned or
unplanned omitted decompression, and communicating with a specialized dive
physician in respect of that treatment; (g) procedures for responding to hazardous weather
or water conditions; (h) procedures for aborting and resuming dives; (i) procedures for calculating, in a manner that
allows for leakage, waste and other unplanned depletions, the quantities of
breathing mixtures required by divers, including for both primary and secondary
use and for therapeutic treatment; (j) procedures for storing breathing mixtures
that, among other things, identify a single Canadian or international standard
to be used for the colour-coding of all gas cylinders and quads or other banks
associated with the dive project; (k) procedures for providing breathing mixtures to
divers; (l) procedures for ensuring that all materials or
objects introduced into or used in diving bells or compression chambers do not
contain or produce gases or vapours that may be harmful to divers; (m) procedures for maintaining divers' thermal
balance and comfort, including by heating their breathing mixtures where
necessary and ensuring the continued supply of heat in the event of any failure
of the primary thermal control system; (n) procedures for installing barriers or
isolating energy sources as necessary to protect divers from contact with
hazards; (o) procedures for ensuring that the dive
contractor is made aware of any seismic work being carried out in the vicinity
of the workplace that may pose a risk to divers' health or safety and for
communicating with the persons carrying out that seismic work; (p) procedures for assessing seabed or seawater
contamination levels in areas in which contamination is a known hazard; and (q) where the workplace is a dynamically
positioned vessel, (i) procedures for responding to changes in its
station keeping status, (ii) procedures for operating in close proximity to
marine installations or structures or other physical obstacles, (iii) procedures for guarding against thruster wash
and suction effect, (iv) procedures for preventing equipment
entanglement, and (v) procedures for repositioning the vessel that
address, among other things, the maximum increments for repositioning and
heading change while divers are in the water. Prohibitions 166. It is prohibited to
carry out the following diving activities at or from any workplace: (a) diving using a self-contained underwater
breathing apparatus; and (b) surface-supplied diving using a breathing
mixture that contains helium. Instruction 167. The instruction that a
dive contractor shall provide to all dive team members includes instruction on
the hazards of diving in cold water and the appropriate emergency response to
any loss of heating to a diver, their breathing mixture or their equipment. Dive safety specialists 168. (1) The operator of
a workplace from which a dive project is to be carried out and the dive
contractor that exercises direction and control over the diving operations at
that workplace shall each designate in writing a competent person as a dive
safety specialist, to be present at the workplace for the duration of the dive
project and be available during all dives to advise on any matter related to
the safety of the project. (2) Each dive safety specialist shall (a) conform to the competencies set out for
offshore dive safety specialists in CSA Group standard Z275.4, "Competency standard for diving, hyperbaric
chamber, and remotely operated vehicle operations"; and (b) have no other duties that will interfere with
their ability to provide prompt advice. (3) The dive safety specialist designated by the
operator shall be independent of the dive contractor and the dive safety
specialist designated by the dive contractor shall be independent of the
operator. (4) The same person shall not be designated as a
dive safety specialist by both the operator and dive contractor in respect of
the same dive project. Emergency response plan 169. (1) The emergency
response plan developed under section 18 in respect of a workplace from
which a dive project is carried out shall include provisions developed by the
dive contractor, in consultation with the dive safety specialists for the
project and, as the case may be, the installation manager referred to in
section 189.2 of the Act or the offshore construction manager and dive
vessel master, that (a) set out procedures for responding to all
vessel or dive system emergencies that have the potential to compromise divers'
safety; (b) set out procedures for responding to chamber
system emergencies, including fire, loss of pressure, atmospheric contamination
and life-support system malfunction; (c) set out procedures to be followed in the case
of any loss of communication; (d) set out procedures for ensuring that any
emergency at the workplace does not impede the provision of life support to
divers, including during evacuation, recovery, decompression and observation
for decompression sickness; (e) set out procedures in relation to the rescue
of a diver; (f) where the dive project involves saturation
diving, set out procedures (i) for locating and recovering a lost diving
bell, (ii) for responding to the loss of atmospheric
pressure within a diving bell, and (iii) in relation to emergency hyperbaric
evacuation, including the recovery and transport to a hyperbaric reception
facility of self-propelled hyperbaric lifeboats, their reception at that
facility and the replenishment of resources on the lifeboats; and (g) address any other matters that are necessary
for preparing for and responding to emergencies that have the potential to
compromise divers' safety. (2) The dive contractor shall ensure that detailed
emergency response procedures covering all reasonably foreseeable emergencies
are readily available to all persons at the workplace who may have a role in
carrying them out. (3) In addition to conforming to
subsection 18(3), a dive contractor shall ensure that the emergency
response plan for the workplace from which the dive project for which it
exercises direction or control over diving operations is carried out is made
readily available to all persons, including those not at the workplace, who may
have a role in responding to a dive emergency. Emergency drills and exercises 170. The plan established
under section 30 for any workplace from which a dive project is carried
out shall include provisions, developed by the dive contractor, requiring the
conduct of exercises and drills with respect to all reasonably foreseeable dive
emergencies, including (a) diver evacuation drills, including, where the
dive project involves saturation diving, drills involving the boarding of a
self-propelled hyperbaric lifeboat, to be conducted prior to the first dive
being carried out under the dive project and then at least once a month; (b) exercises involving the simulation by the
members of the dive team of the procedures for dealing with a diver who has
suffered injury or decompression sickness, including communication with a
specialized dive physician, to be conducted at least once a month; (c) where the dive project involves the use of
dynamic positioning equipment, drills completed on the diving vessel simulating
the loss of dynamic positioning capability, to be conducted at least once a
month; (d) where the dive project involves saturation
diving, (i) drills involving the location and recovery of
a lost diving bell, to be conducted prior to the first dive being carried out
under the dive project and then at least once every 3 months, and (ii) drills involving the launch and manoeuvring of
self-propelled hyperbaric lifeboats, to be conducted at least once every 6
months; and (e) drills or exercises in respect of all other
reasonably foreseeable diving emergencies, to be conducted at least once a
month. Dive project plan 171. (1) A dive
contractor shall, in respect of each dive project for which it exercises
direction or control over the diving operations, in consultation with the dive
safety specialists for the project and, as the case may be, the installation
manager referred to in section 189.2 of the Act or the offshore
construction manager and dive vessel master, establish, maintain and implement
a written dive project plan that sets out, in detail, all operational and
safety elements of the proposed dive project, including (a) a description of each dive to be carried out
that includes an indication of (i) the diving technique to be used, (ii) the tasks to be carried out, (iii) any specialized equipment to be used, (iv) the estimated and maximum time to be spent at
each depth, (v) the number of divers involved, and (vi) the hours each diver will be expected to work,
including the frequency and duration of their breaks; (b) the composition of the dive team and the
qualifications and any specialized training required of its members; (c) the hierarchy of command for the project; (d) a list of legislation, standards and codes of
practice that are applicable to any aspect of the dive project; (e) a list of all vessels to be used in the dive
project, including rescue vessels to be on standby; (f) the decompression tables to be used; (g) the types of equipment, including personal
protective equipment, that are to be worn or used by members of the dive team
and the quantity of each that is required to ensure sufficient availability for
standby divers; (h) procedures, approved by a specialized dive
physician, for carrying out the medical checks referred to in paragraphs 172(2)(b)
and (3)(b); (i) schematic diagrams indicating, for each vessel
to be used, the distance at various depths from a diver to the vessel's
propulsion system components and other hazards to the diver and their
umbilical, as well as the corresponding safe umbilical lengths; (j) a description of the diving system and any
dynamic positioning equipment to be used; (k) a description of the potential failure modes
of the diving system and any dynamic positioning equipment to be used, the
consequences of such failures and the mitigation measures to be taken,
including an indication of which of the system's or equipment's components
require redundancy, as determined on the basis of a failure modes and effects
analysis; (l) schedules for inspecting the diving system and
its components and the positions of those responsible for carrying out those
inspections; (m) a description of all subsea lifts planned; (n) the means of communication to be used among
members of the dive team and employees on the bridge, at the dive control
station and at the dynamic positioning control station, and to support the
provision of medical and emergency response services, including secondary means
to be used in the case of a failure of the primary means or a loss of power,
and procedures to be followed in the case of a total loss of communication; (o) a copy of the emergency response plan
developed in respect of the workplace under section 18; (p) the method by which the dive project plan is
to be communicated to the dive team and any other persons who may be affected
by the plan; (q) procedures for managing any changes that
require deviation from the plan; and (r) any other information that is necessary to
plan for safe diving operations. (2) For the purpose of paragraph (1)(b), the
composition of the dive team shall be determined having regard to the risk
assessment carried out in accordance with the occupational health and safety
program and that team shall include (a) no fewer than 2 dive supervisors on shift at
the dive control station at all times during a dive, with the exception of
breaks, during which one supervisor may be replaced at the dive control station
by another competent person; (b) sufficient dive support personnel to support
the divers and operate and maintain all equipment; and (c) in the case of surface-supplied diving,
sufficient divers to ensure the availability of standby divers who satisfy the
requirements set out in paragraph 172(2)(c). (3) All means of communication referred to in
paragraph (1)(n) shall be dedicated and continuous and, where used between
a dive supervisor and diver, shall (a) have sufficient sound quality to permit
breathing and speech to be clearly heard without distortion; (b) where the diver is using a breathing mixture
that contains a substance that distorts the voice, be equipped with a voice
descrambler; and (c) be equipped with a recording device that
continuously records all transmissions while a dive is in progress. Dive contractor obligations 172. (1) A dive
contractor shall ensure, with respect to all diving operations under its
direction and control, that (a) the diving system used conforms to the annex
to International Maritime Organization Resolution A.831(19), "Code of Safety for Diving Systems, 1995"; (b) each member of the dive team and the pilot of
any remotely operated vehicle being deployed conforms to the applicable
competencies set out in CSA Group standard Z275.4, "Competency standard for diving, hyperbaric
chamber, and remotely operated vehicle operations"; (c) each diver and dive supervisor holds a valid
standard first aid certificate or advanced first aid certificate and a valid
certificate in first aid oxygen administration; (d) each diver has been certified, within the 12-month
period ending on the last day of the diving operation, as being medically fit
to dive by one of the following physicians and has confirmed that their medical
condition has not changed since their most recent certification: (i) a physician who is licensed to practise
medicine in Canada and meets the competencies of a Level 1 Physician set out in
CSA Group standard Z275.4, "Competency
standard for diving, hyperbaric chamber, and remotely operated vehicle
operations", or (ii) a specialized dive physician who bases their
certification on their review of a medical fitness certification issued in a
jurisdiction outside of Canada within the same 12-month period; (e) a specialized dive physician is readily
available at all times to provide medical advice from a remote location in the
province and to be transported to the workplace, where necessary, to provide
medical treatment, including to a diver in a compression chamber; (f) any person performing first aid on a diver has
unimpeded access to a means of communicating with the specialized dive
physician; (g) appropriate equipment is available at the
workplace to permit the specialized dive physician, from a remote location, to (i) communicate directly with a diver inside a
compression chamber, (ii) observe and examine a diver inside a
compression chamber by means of visual and auditory aids, and (iii) use available monitoring or clinical
assessment technologies on a diver; (h) the data transfer rate at the workplace is
sufficient to permit continuous monitoring of a person inside a compression
chamber and to allow the results of ongoing medical testing, such as
electrocardiograms, to be transferred to the specialized dive physician, as
determined through testing before the start of the diving operations; (i) breathing mixtures that conform to CSA Group
standard Z275.2, "Operational
safety code for diving operations" or European Committee for
Standardization (CEN) standard EN 12021, "Respiratory equipment Compressed gases for breathing
apparatus" are available in the quantities calculated in
accordance with paragraph 165(i); (j) each diver has independent primary and
secondary breathing mixture supplies, each of which can be isolated from the
supplies of other divers; (k) breathing mixtures are available to divers at
a rate appropriate to the depth and circumstances of the dive but no less than
62.5 litres per minute; (l) breathing mixtures are stored in compressed
gas cylinders that have been certified by a competent person who is independent
of the operator, dive contractor and manufacturer as being safe for that use; (m) the applicable colour code referred to in
paragraph 165(j) is posted in a conspicuous place in all breathing mixture
storage areas; (n) the oxygen content of each breathing mixture
is analyzed by a member of the dive team on receipt of the mixture and
immediately prior to each dive for which that mixture is to be used and any
breathing mixture found to contain more than 25 percent oxygen by volume is
handled as if it were pure oxygen; (o) where a remotely operated vehicle is deployed
while divers are in the water, there is a dedicated and continuous means of
communication between the dive supervisor and the vehicle's pilot and a monitor
at the dive control station displays the same picture as seen by the pilot; (p) where a dive is being carried out from a
dynamically positioned vessel, (i) the vessel is equipped with (A) an indicator that continuously displays its
station keeping status, (B) a visual and audible alarm system that warns
of station keeping status changes, and whose alarms are visible and audible on
the bridge, at the dive control station and in any other location where
knowledge of such a change would be important for ensuring diver safety, and (C) a fixed means of communication between the
vessel's bridge and the dive control station and between the dive control
station and the dynamic positioning control station that is capable of working
even in the event of a total loss of power to the vessel, and (ii) there is a dedicated and continuous means of
communication between the dive control station and the dynamic positioning
control station for the duration of the dive and employees at each station
inform those at the other station immediately of any changes in operational
circumstances; (q) divers' breathing patterns are continuously
monitored and their activities continuously observed and recorded for the
duration of each dive; (r) every diver's location in the water is
continuously monitored for the duration of each dive; (s) effective means of assisting and recovering
divers are available for the duration of each dive; (t) any dive during which a diver loses thermal
balance or there is a failure of a thermal control system is immediately
suspended and all divers are returned to the diving bell, where safe, or to the
surface, even where the loss or failure is expected to be temporary; (u) decompression is carried out only in
accordance with the applicable decompression table identified in the dive
project plan, except in extenuating circumstances and in consultation with a
specialized dive physician; (v) a diver does not travel by air within 24 hours
after a dive or while suffering from decompression sickness, unless approved by
a specialized dive physician; and (w) the medical report associated with each
diver's certification under paragraph (d) is readily available, in the case of
an emergency, to members of the dive team who hold a diving medical technician
certificate and to the specialized dive physician referred to in
paragraph (e), in an official language understood by that physician. (2) Where the diving operation involves
surface-supplied diving, the dive contractor shall also ensure that (a) there is, at all times, at least one member of
the dive team who holds a valid diving medical technician certificate and is
not on a mandatory rest period on the surface and readily available to provide
assistance to the divers; (b) medical checks are carried out by a member of
the dive team who holds a diving medical technician certificate, or by a medic
under the direction of the specialized dive physician, on each diver at the
beginning and end of each shift during which they dive; (c) except in the case of an emergency, each
standby diver has had 12 consecutive hours of rest since their most recent dive
and has no residual inert gas in their tissue as calculated in accordance with
the applicable decompression table set out in the dive project plan; (d) a dive is not carried out at pressures greater
than 50 metres sea water or where the partial pressure of oxygen exceeds
1.4 atmospheres absolute; (e) sufficient double-lock deck compression
chambers that have an inside diameter of at least 1.524 metres and that can
accommodate all divers who need to undergo decompression at any one time, as
well as all other persons needing to be in the chamber with the divers to carry
out the decompression procedures or provide medical care to them, are available
at the workplace to allow for decompression in accordance with the applicable
decompression table identified in the dive project plan; and (f) where diving occurs from a light dive craft,
the time needed to transport a diver from the surface to the deck compression
chamber or medical room on the primary vessel from which the light dive craft
is deployed does not exceed 15 minutes. (3) Where the diving operation involves saturation
diving, the dive contractor shall also ensure that (a) each diver holds a valid diving medical
technician certificate; (b) medical checks are carried out by a member of
the dive team who holds a diving medical technician certificate, or by a medic
under the direction of the specialized dive physician, on each diver
immediately before they enter the compression chamber and immediately after they
exit it after decompression; (c) at least 2 diving bells are available, each of
which (i) is capable of sustaining the lives of the
divers in it and protecting them against hypothermia for at least 24 hours, (ii) is equipped with an emergency locating device
whose signals the marine installation or structure from which the dive
operation is carried out, and all rescue vessels on standby, are equipped to
receive and interpret, (iii) has suitable protective devices fitted to its
main umbilical to control loss of atmospheric pressure in the diving bell where
any of the components in the umbilical are ruptured, and (iv) has its internal atmosphere continuously
monitored for contaminants and oxygen and carbon dioxide levels by both a
primary and secondary monitoring system for the duration of each dive, with the
data displayed both in the diving bell and at the dive control station, and the
oxygen and carbon dioxide levels being recorded at least hourly; (d) the relative humidity in all living chambers
is maintained between 40 percent and 60 percent at all depths, regardless of
the number of divers in the chamber; (e) pressurization is not scheduled to last more
than 28 days; and (f) a hyperbaric evacuation system that includes
the following is readily available for the evacuation and reception of all
divers: (i) a hyperbaric reception facility, and (ii) self-propelled hyperbaric lifeboats that are
equipped with a life support package sufficient to sustain the lives of the
divers and for which a mating trial with the reception facility has been
conducted. Dive record 173. (1) A dive
contractor shall make and sign a record that sets out, in respect of each dive
carried out under its direction or control, (a) the date and location of the dive; (b) the names of all divers, standby divers and
dive supervisors; (c) the task carried out; (d) a list of the tools and equipment used that
includes, in respect of each piece of equipment that is part of the diving
apparatus, its type and serial number; (e) the breathing mixture used; (f) the time the diver began their descent from
the surface; (g) the maximum depth attained; (h) the time spent at the maximum depth; (i) the time the diver began their ascent from the
maximum depth; (j) the time the diver reached the surface; (k) the surface interval, in the case of a
repetitive dive; (l) the type of decompression carried out and the
decompression table used; (m) the environmental conditions during the dive;
and (n) any remarks, including with respect to any
unusual occurrences during the dive. (2) The dive contractor shall retain the record
for 5 years after the day on which the dive is completed. (3) The dive contractor shall retain all
recordings referred to in paragraphs 171(3)(c) and 172(1)(q) for 48 hours
after the diver has returned to the surface or living chamber, as the case may
be, or any longer period that is necessary to enable the operator to
investigate an occupational disease, accident, incident or other hazardous
occurrence under subsection 201.14(2) of the Act. PART
XXXIII NLR 18/97 174. (1) Subparagraph 4(2)(a)(i) of the Offshore Certificate of Fitness Newfoundland and Labrador Regulations
is repealed and the following substituted: (i) is designed, constructed, transported,
installed, established, maintained or equipped in accordance with (A) Parts I to III of the Offshore Petroleum Installations Newfoundland and Labrador Regulations, and (B) the provisions of the Offshore Area Occupational Health and Safety Regulations listed in Part I of the schedule, (2) Part I of the Schedule to the regulations is repealed
and the following substituted: PART I PROVISIONS OF OFFSHORE
AREA OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 1. Sections 23 to 25 2. Subsection 26(1) 3. Section 27 4. Subsection 32(2) and paragraphs 32(4)(a), (c), (d), (f), (g) and (i) 5. Paragraphs 57(1)(a) and (c) to (e) 6. Subsections 58(1) and (2) and paragraphs 58(3)(a) to (e) 7. Subsection 60(1) and paragraphs 60(2)(a) and (d) 8. Subsection 61(1) and paragraphs 61(2)(a) to (c) and (e) 9. Sections 62 to 64 10. Paragraphs 66(b) and (c) 11. Subsection 67(1) 12. Section 73 13. Subsection 74(1) 14. Sections 78 to 80 15. Paragraph 82(b) 16. Sections 83 to 85 17. Paragraphs 91(1)(a), (d) and (o) 18. Subsection 93(1) 19. Sections 97 and 98 20. Section 100 21. Subsection 101(1) 22. Paragraphs 107(a) to (d) 23. Subsections 113(2) and (3) 24. Paragraphs 121(1)(a) and (c), subparagraph 121(1)(j)(ii) and paragraphs 121(1)(l) to (o), (r) and (t) 25. Subsection 122(6), paragraph 122(7)(a) and subparagraph 122(7)(b)(i) 26. Subsections 124(2) and (3) 27. Subsection 125(1) 28. Paragraphs 144(1)(b), (d), (o), (r), (s) and (x) 29. Paragraph 157(1)(b) and subparagraph 157(1)(k)(i) 30. Paragraphs 172(1)(a), (g), (l), (m), (o), (p) and (s), 172(2)(e) and 172(3)(c) and (f) (3) Part II of the Schedule to the regulations is repealed. NLR 102/14 Rep. 175. The
Transitional Regulations,
Newfoundland and Labrador Regulations 102/14, are repealed. Commencement 176. These
regulations come into force on January 1, 2022. SCHEDULE A Approach Boundaries for Alternating Current Systems
SCHEDULE B Approach Boundaries for Direct Current Systems
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