2. For the purpose of interpreting any standard incorporated by reference into these Regulations, the use of “should” is to be read as denoting an obligation.
2.1 These Regulations apply to any person who is not an employee but who performs for an employer to which these Regulations apply activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of these Regulations must be read accordingly.
- SOR/2015-211, s. 4.
3. These Regulations apply to employees employed
(a) on vessels registered in Canada;
(b) on uncommissioned vessels of Her Majesty in right of Canada; and
(c) in the loading or unloading of vessels.
Records and Reports
4. (1) If an employer is required to keep and maintain a record, report or other document referred to in section 125 or 125.1 of the Act, the employer must keep and maintain the record, report or other document and make it readily available for examination by the Minister, the work place committee or the health and safety representative, as the case may be, and the policy committee, if one exists, for the vessel to which it applies.
(2) To comply with subsection (1), the employer may use any recording system, including electronic records, if
(a) measures are taken to ensure that the records contained in the recording systems are protected, by electronic or other means, against inadvertent loss or destruction and against tampering; and
(b) a copy of the records contained in the recording systems can be printed on paper and provided on reasonable notice at the request of the Minister.
- SOR/2014-148, s. 29.
5. In the event of an inconsistency between any standard incorporated by reference in these Regulations and any other provision of these Regulations, that other provision must prevail to the extent of the inconsistency.
Incorporation by Reference
6. Any reference to a standard incorporated by reference in these Regulations is a reference to the standard, as amended from time to time.
Health and Safety
7. (1) Every employer must
(a) arrange that work in a working area is carried out in a manner that does not endanger the health or safety of any person who is engaged or working in that area or in connection with the work; and
(b) adopt and carry out appropriate procedures and techniques designed or intended to prevent or reduce the risk of employment injury in the operation or carrying out of the work.
(2) Crew accommodation must meet the requirements and the related provisions on health and safety protection and accident prevention, with respect to preventing the risk of exposure to hazardous levels of noise and vibration and other ambient factors and chemicals on board vessels, and provide an acceptable occupational and on-board living environment for employees.
(3) Every employer or owner must ensure that a qualified person
(a) is in charge in every working area; and
(b) inspects every working area or structure and every item of machinery or equipment to ascertain that safe working conditions are maintained.
(4) A person must not use any structure, machinery or equipment that has been reassembled after being dismantled, in whole or in part, until it has been examined by a qualified person and found to be in a safe condition.
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