Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (S.C. 1988, c. 28)

Act current to 2016-05-12 and last amended on 2016-02-27. Previous Versions

Marginal note:Specific duties  — passenger craft
  •  (1) Every operator shall, each time before employees or other passengers are transported on a passenger craft to or from any of its workplaces,

    • (a) ensure that the employees and other passengers are provided with any information and instruction — including any that are prescribed — necessary for their health and safety; and

    • (b) ensure that the employees are provided with the operator’s contact information for the purposes of subsection 210.054(2).

  • Marginal note:Specific duty  — passenger craft

    (2) Every operator shall ensure that a passenger craft going to or from any of its workplaces

    • (a) meets the requirements of any Act or other law that relates to the health or safety of the employees and other passengers on the passenger craft; and

    • (b) is equipped with any equipment, devices and materials necessary to ensure the health and safety of the employees and other passengers, including any that are prescribed.

  • Marginal note:Specific duties  — personal protective equipment

    (3) Every operator shall ensure that all employees and other passengers on a passenger craft going to or from any of its workplaces

    • (a) are provided with any personal protective equipment necessary to ensure their health and safety, including any that is prescribed; and

    • (b) are provided with the information and training — including any that are prescribed —  required for the proper use of personal protective equipment provided under paragraph (a) and the equipment, devices and materials referred to in paragraph (2)(b).

  • 2014, c. 13, s. 84.
Marginal note:Occupational health and safety management system
  •  (1) Every operator shall develop, implement and maintain an occupational health and safety management system that fosters a culture of workplace safety and that is adapted to the circumstances of the work or activity specified in each authorization issued to the operator, for the purposes of

    • (a) implementing its occupational health and safety policy;

    • (b) ensuring that the provisions of this Part and the regulations made under this Part are complied with; and

    • (c) complying with the occupational health and safety requirements of each of those authorizations, and those undertaken in a declaration related to any of those authorizations.

  • Marginal note:Contents

    (2) The system shall be set out in writing and include provisions regarding

    • (a) the management of risks to the health and safety of employees — including any prescribed risks — and procedures for

      • (i) the ongoing and systematic identification and reporting of all hazards,

      • (ii) the assessment of risks associated with identified hazards, and

      • (iii) the implementation of hazard control measures;

    • (b) the role of any committee established for any of the operator’s workplaces and the interaction between those committees;

    • (c) the roles and accountability of the employers, employees, providers of services and suppliers that are responsible for implementing the operator’s occupational health and safety policy and occupational health and safety management system;

    • (d) the allocation of sufficient resources to ensure that employees continue to be qualified and competent, that there is proper quality control of documents, facilities, equipment and materials and that there is effective cooperation among employers;

    • (e) the procedures for carrying out work or activities, dealing with changes in operations and responding to emergencies;

    • (f) the procedures for dealing with failures to comply with the system and the procedures for the reporting and investigating of occupational diseases and of accidents, incidents and other hazardous occurrences and the keeping of related records and statistical analysis;

    • (g) the auditing of the adequacy and effectiveness of the system, including

      • (i) determining the ability of the system to achieve the purposes set out in subsection (1), and

      • (ii) identifying improvements that could be made to the system; and

    • (h) the implementation of the improvements identified during the audit referred to in paragraph (g).

  • Marginal note:Duty to review

    (3) The operator shall review the system at least every three years in consultation with each workplace committee that it establishes.

  • Marginal note:Limitation

    (4) If the regulations establish requirements in respect of anything described in any of paragraphs (2)(a) to (h), the system shall meet the requirements of those regulations.

  • 2014, c. 13, s. 84.
Marginal note:Power to require code of practice
  •  (1) The Chief Safety Officer may, in writing, require an operator to establish a code of practice in respect of occupational health and safety, or to adopt a code of practice in respect of occupational health and safety that is specified by the Chief Safety Officer, in respect of

    • (a) any of its workplaces or any work or activity carried out at any of its workplaces; or

    • (b) the transportation of employees to or from any of its workplaces.

  • Marginal note:Revision of code of practice

    (2) The code of practice may be revised by the Chief Safety Officer from time to time, or the Chief Safety Officer may require the operator to revise it from time to time.

  • 2014, c. 13, s. 84.
Marginal note:Notification of accidents, etc.
  •  (1) Every operator shall, as soon as it becomes known to the operator, notify the Chief Safety Officer of

    • (a) any occupational disease at any of its workplaces; or

    • (b) any accident, incident or other hazardous occurrence at any of its workplaces, or on a passenger craft going to or from any of those workplaces, that causes a death or serious injury or in which a death or serious injury is narrowly avoided.

  • Marginal note:Investigation of accidents, etc.

    (2) Every operator shall investigate any occupational disease, or any accident, incident or other hazardous occurrence, described in paragraph (1)(a) or (b) and shall keep adequate records of its investigation — including any records that are prescribed — for the period that is prescribed.

  • Marginal note:Report

    (3) An operator shall, no later than April 1 of each year, submit to each workplace committee that it establishes, to the Chief Safety Officer and, on request, to any special committee established for any of its workplaces, a written report for the immediately preceding calendar year, in a form determined by that Officer.

  • Marginal note:Contents of report

    (4) The report shall set out data on all occupational diseases, and all accidents, incidents and other hazardous occurrences, that have occurred at any of the operator’s workplaces or on a passenger craft going to or from any of those workplaces during the calendar year covered by the report, including the number of deaths, the number of serious injuries and the number of minor injuries.

  • Definition of serious injury

    (5) In this section, serious injury means an injury that

    • (a) results in the loss by an individual of a body member or part of a body member or in the complete loss by an individual of the usefulness of a body member or part of a body member;

    • (b) results in the permanent impairment of a body function of an individual; or

    • (c) prevents an employee from reporting for work or from effectively performing all the functions connected with their regular work on any day subsequent to the day on which the injury occurred, whether or not that subsequent day is a working day for them.

  • 2014, c. 13, s. 84.

Duties of Employers

Marginal note:Duty to take reasonable measures

 Every employer shall take all reasonable measures to ensure

  • (a) the health and safety of its employees and other individuals at a workplace under its control;

  • (b) the health and safety of its employees at a workplace that is not under its control, to the extent that it controls their activities at the workplace; and

  • (c) the health and safety of its employees while — and immediately before — they are transported on a passenger craft.

  • 2014, c. 13, s. 84.
 
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