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Newfoundland and Labrador
Regulation 2022


NEWFOUNDLAND AND LABRADOR REGULATION 43/22

NEWFOUNDLAND AND LABRADOR
REGULATION 43/22

Occupational Health and Safety Regulations, 2012 (Amendment)
under the
Occupational Health and Safety Act
(O.C. 2022-187)

(Filed July 28, 2022)

Under the authority of section 65 of the Occupational Health and Safety Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, July 28, 2022.

Krista Quinlan
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.9 Amdt.
Notifiable occupational diseases

        2.   S.10 Amdt.
Serious injury

        3.   S.14 Amdt.
General duties of employers

        4.   S.17 Amdt.
General duties of workers

        5.   S.18 Amdt.
Safety inspections

        6.   S.22 Amdt.
Interpretation

        7.   S.24.1 Amdt.
Harassment prevention plan

        8.   S.26 Amdt.
Personal conduct

        9.   S.35 Amdt.
Barriers

      10.   S.38 Amdt.
Emergency plan risk assessment

      11.   S.41 Amdt.
Emergency training

      12.   S.43 Amdt.
Health surveillance

      13.   S.46 Amdt.
Silica regulation

      14.   S.47 Amdt.
Silica medical surveillance

      15.   S.55 Amdt.
Seating or standing work

      16.   S.75 Amdt.
Eye and face protection

      17.   S.81 Amdt.
High visibility apparel

      18.   S.106 Amdt.
Powder actuated tool use

      19.   S.116 Amdt.
Self-propelled drills

      20.   S.132 Amdt.
Worker responsibilities

      21.   S.133 Amdt.
Removal of locks

      22.   S.134 Amdt.
Group lockout procedure

      23.   S.139 Amdt.
Training requirement

      24.   S.142 Amdt.
Fall arrest system

      25.   S.252 Amdt.
Competency and testing operators

      26.   S.313 Amdt.
Unsafe lift

      27.   S.360 Amdt.
Spooling tape

      28.   S.374 Amdt.
Traffic control person

      29.   S.383 Amdt.
Supervision

      30.   S.405 Amdt.
Entrapment danger

      31.   S.411 Amdt.
Underground workings

      32.   S.422 Amdt.
Records

      33.   S.423 Amdt.
Suspension or seizure of certificate

      34.   S.424 R&S
Custody of certificates

      35.   S.426 Amdt.
Prohibitions

      36.   S.438 Amdt.
Firing

      37.   S.461 Amdt.
Definitions

      38.   S.466 Amdt.
Personal flotation devices

      39.   S.468 Amdt.
Instruction

      40.   S.471 Amdt.
Circular saws

      41.   S.474 Amdt.
Felling

      42.   S.511 Amdt.
Confined space entry

      43.   S.513 Amdt.
Work procedures

      44.   S.528 Amdt.
Water accumulation in mine workings

      45.   S.550 Amdt.
Cap lamps

      46.   S.594 Amdt.
Operating vehicles

      47.   S.685 Amdt.
Trailing and cable repair


NLR 5/12
as amended

        1. Subsection 9(2) of the Occupational Health and Safety Regulations, 2012 is amended by deleting the words "in his or her employ" and substituting the words "employed by the employer".

 

        2. (1) Paragraph 10(6)(a) of the regulations is amended by deleting the words "his or her" and substituting the words "the worker's".

             (2)  Paragraph 10(6)(b) of the regulations is amended by deleting the words "he or she" and substituting the words "the worker".

 

        3. Subsection 14(2) of the regulations is amended by deleting the words "his or her" and substituting the words "the employer's".

 

        4. (1) Section 17 of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the words "the worker's". 

             (2)  Subsection 17(2) of the regulations is amended by deleting the words "he or she" and substituting the words "the worker".

 

        5. Subsection 18(1) of the regulations is amended by deleting the words "his or her" and substituting the words "the employer's".

 

        6. Subsection 22(1) of the regulations is amended by deleting the words "he or she" and substituting the words "the worker".

 

        7. (1) Paragraph 24.1(2)(i) of the regulations is amended by deleting the words "his or her" and substituting the words "the worker's".

             (2)  Subsection 24.1(5) of the regulations is amended by deleting the words "he or she" and substituting the words "the officer".

 

        8. Subsection 26(2) of the regulations is repealed and the following substituted:

             (2)  An employer, supervisor or worker shall not enter or remain on the premises of a workplace or at a job site while the employer’s, supervisor’s or worker’s ability to perform work responsibilities is impaired by intoxicating substances or another cause that endangers the health or safety of the employer, supervisor or worker or that of other workers.

 

        9. Section 35 of the regulations is amended by deleting the words "he or she" and substituting the words "the worker".

 

      10. Subsection 38(4) of the regulations is amended by deleting the words "he or she" and substituting the words "the employer".

 

      11. Subsection 41(1) of the regulations is amended by deleting the words "his or her" and substituting the word "the".

 

      12. (1) Subsection 43(1) of the regulations is amended by deleting the words "his or her" and substituting the words "the employer's".

             (2)  Paragraph 43(8)(a) of the regulations is amended by deleting the words "his or her" and substituting the words "the employee's".

 

      13. (1) Subsection 46(10) of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the words "the worker's".

             (2)  Paragraph 46(12)(c) of the regulations is amended by deleting the words "he or she" and substituting the words "the officer".

             (3)  Subsection 46(19) of the regulations is amended by deleting the words "he or she" wherever they appear and substituting the words "the examining physician".

 

      14. (1) Subsection 47(1) of the regulations is amended by deleting the words "his or her".

             (2)  Paragraph 47(2)(a) of the regulations is amended by deleting the words "he or she" and substituting the words "the employee".

 

      15. (1) Subsection 55(1) of the regulations is repealed and the following substituted:

Seating or standing work

      55. (1) Where a worker in the course of work has a reasonable opportunity to sit without detriment to the work, an employer shall provide and maintain suitable seating for the worker's use to enable the worker to take advantage of that opportunity.

             (2)  Subsection 55(3) of the regulations is amended by deleting the words "his or her".

 

      16. Section 75 of the regulations is amended by deleting the words "he or she" and substituting the words "the worker".

 

      17. Section 81 of the regulations is amended by deleting the words "he or she" and substituting the words "the worker".

 

      18. Subsection 106(7) of the regulations is amended by

             (a)  deleting the words "he or she" wherever they appear and substituting the words "the worker"; and

             (b)  deleting the words "his or her" and substituting the words "the worker's".

 

      19. Subsection 116(1) of the regulations is amended by deleting the words "he or she" and substituting the words "the operator or other worker".

 

      20. Paragraph 132(b) of the regulations is amended by deleting the words "his or her".

 

      21. Subsection 133(3) of the regulations is amended by deleting the words "his or her" and substituting the words "the worker's".

 

      22. Subsection 134(5) of the regulations is repealed and the following substituted:

             (5)  On completion of work, a worker referred to in subsections (3) and (4) shall remove the worker's personal lock from the key securing system.

 

      23. Section 139 of the regulations is amended by deleting the words "he or she" and substituting the words "the worker".

 

      24. (1) Subparagraph 142(1)(b)(ii) of the regulations is repealed and the following substituted:

                     (ii)  that complies with

                            (A)  CSA Standard Z259.11 "Personal Energy Absorbers and Lanyards", or

                            (B)  CSA Standard Z259.2.2 "Self-Retracting Devices".

             (2)  Subparagraph 142(1)(c)(i) of the regulations is amended by replacing the words "Energy Absorbers and Lanyards" with the words "Personal Energy Absorbers and Lanyards".

             (3)  Subsection 142(1) of the regulations is amended by deleting the word "and" at the end of paragraph (c), by deleting the period at the end of paragraph (d) and substituting a semi-colon, by adding the word "and" at the end of paragraph (d) and by adding immediately after paragraph (d) the following:

             (e)  include connecting components that comply with CSA Standard Z259.12 “Connecting Components for Personal Fall Arrest Systems".

             (4)  Paragraph 142(2)(a) of the regulations is repealed and the following substituted:

             (a)  comply with CSA Standard Z259.2.5 "Fall Arresters and Vertical Lifelines";

             (5)  Subsection 142(4) of the regulations is repealed and the following substituted:

             (4)  Where a fall arrest system provided to a worker includes a ropegrab, the ropegrab used shall comply with 

             (a)  CSA Standard Z259.2.4 "Fall Arresters and Vertical Rigid Rails"; and

             (b)  CSA Standard Z259.2.5 "Fall Arresters and Vertical Lifelines".

 

      25. Subsection 252(1) of the regulations is amended by deleting the words "he or she" wherever they appear and substituting the words "the person".

 

      26. Section 313 of the regulations is amended by deleting the words "he or she" and substituting the words "the operator".

 

      27. Subsection 360(1) of the regulations is amended by deleting the words "his or her" and substituting the words "the worker's".

 

      28. Subsection 374(5) of the regulations is amended by deleting the words "he or she" and substituting the words "the person".

 

      29. Subsection 383(2) of the regulations is amended by deleting the words "he or she" and substituting the words "the worker".

 

      30. Subsection 405(1) of the regulations is amended by deleting the words "he or she" and substituting the words "the worker".

 

      31. Subsection 411(2) of the regulations is amended by deleting the words "he or she" and substituting the words "the employer".

 

      32. (1) Subsection 422(1) of the regulations is amended by deleting the words "his or her" and substituting the words "the blaster's". 

             (2)  Subsection 422(3) of the regulations is amended by deleting the words "his or her" and substituting the word "the". 

 

      33. Subsection 423(3) of the regulations is amended by deleting the words "he or she" and substituting the words "the minister". 

 

      34. Section 424 of the regulations is repealed and the following substituted:

Custody of certificates

   424. A blaster shall

             (a)  retain the blaster's certificate and keep it in a safe place at the workplace while carrying out the blaster's duties; and

             (b)  upon the request of an officer, produce the blaster's certificate.

 

      35. Subsection 426(4) of the regulations is amended by deleting the words "his or her" and substituting the words "the person's".

 

      36. Subsection 438(2) of the regulations is amended by deleting the words "he or she" and substituting the words "the blaster".

 

      37. Paragraph 461(a) of the regulations is amended by deleting the words "keep him or her" and substituting the words "keeps the wearer".

 

      38. Subsection 466(1) of the regulations is repealed and the following substituted:

Personal flotation devices

   466. (1) Where a worker is employed under conditions which expose the worker to a risk of drowning, the worker shall wear a personal flotation device appropriate to the work environment and hazards.

 

      39. (1) Subsection 468(2) of the regulations is amended by deleting the words "his or her" and substituting the words "the crewmember's".

             (2)  Subsection 468(3) of the regulations is amended by deleting the words "he or she" and substituting the words "the crewmember".

 

      40. (1) Subsection 471(5) of the regulations is amended by deleting the words "him or her" and substituting the words "the worker".

             (2)  Subsection 471(11) of the regulations is amended by deleting the words "his or her" and substituting the words "the operator's".

 

      41. Subsection 474(2) of the regulations is amended by deleting the words "he or she" and substituting the words "the worker".

 

      42. Subsection 511(3) of the regulations is amended by deleting the words "he or she" and substituting the words "the worker".

 

      43. (1) Subsection 513(1) of the regulations is amended by deleting the words "he or she" and substituting the words "the worker".

             (2)  Subsection 513(3) of the regulations is repealed and the following substituted:

             (3)  Where a worker is required to enter a confined space the employer shall ensure that an attendant

             (a)  is assigned to the worker;

             (b)  is stationed outside and near

                      (i)  the entrance to the confined space, or

                     (ii)  where there is more than one entrance to the confined space, the one that best allows the attendant to perform the attendant's duties under subsection (4);

             (c)  is in continuous communication with the worker using the means of communication described in the relevant safe work procedure; and

             (d)  is provided with a device for summoning an adequate rescue response.

             (3)  Paragraph 513(4)(b) of the regulations is amended by deleting the words "him or her" and substituting the words "the worker".

 

      44. Subsection 528(2) of the regulations is amended by deleting the words "his or her" and substituting the word "the".

 

      45. Subsection 550(1) of the regulations is repealed and the following substituted:

Cap lamps

   550. (1) An employer shall provide every person entering an underground place of employment with an approved cap lamp and the person shall keep the lamp in the person's possession while underground.

 

      46. Paragraph 594(3)(e) of the regulations is amended by repealed and the following substituted:

             (e)  ensure that each passenger is seated with the seatbelt secured before moving the vehicle; and

 

      47. Subsection 685(3) of the regulations is amended by deleting the words "he or she" and substituting the words "the person".