Canada Occupational Health and Safety Regulations (SOR/86-304)

PART XVHazardous Occurrence Investigation, Recording and Reporting

Interpretation

15.1 In this Part,

disabling injury

disabling injury means an employment injury or an occupational illness that

• (a) prevents an employee from reporting for work or from effectively performing all the duties connected with the employee’s regular work on any day subsequent to the day on which the injury or illness occurred, whether or not that subsequent day is a working day for that employee,

• (b) results in the loss by an employee of a body member or part thereof or in the complete loss of the usefulness of a body member or part thereof, or

• (c) results in the permanent impairment of a body function of an employee; (blessure invalidante)

district office

district office, in respect of a work place, means the office of the Department of Employment and Social Development that is responsible for the HRSDC Labour Program and that is

• (a) closest to the work place, and

• (b) in any of the Department’s administrative regions in which the work place is situated; (bureau de district)

minor injury

minor injury means an employment injury or an occupational illness for which medical treatment is provided and excludes a disabling injury. (blessure légère)

Application

• 15.2 (1) Subject to subsection (2), this Part does not apply in respect of employees employed in a coal mine or in an underground portion of any other type of mine.

• (2) Section 15.10 applies in respect of employees employed in a coal mine.

• (3) This Part does not apply in respect of occurrences of harassment and violence in the work place.

Reports by Employee

15.3 If an employee becomes aware of an accident or other occurrence arising in the course of or in connection with the employee’s work that has caused or is likely to cause injury to that employee or to any other person, the employee shall, without delay, report the accident or other occurrence to the employer.

Investigations

• 15.4 (1) Where an employer becomes aware of an accident, occupational illness or other hazardous occurrence affecting any of his employees in the course of employment, the employer shall, without delay,

  • (a) appoint a qualified person to carry out an investigation of the hazardous occurrence;

  • (b) notify the work place committee or the health and safety representative of the hazardous occurrence and of the name of the person appointed to investigate it; and

  • (c) take necessary measures to prevent a recurrence of the hazardous occurrence.

• (2) Where the hazardous occurrence referred to in subsection (1) is an accident involving a motor vehicle on a public road that is investigated by a police authority, the investigation referred to in paragraph (1)(a) shall be carried out by obtaining from the appropriate police authority a copy of its report respecting the accident.

• (3) As soon as feasible after receipt of the report referred to in subsection (2), the employer shall provide a copy of the report to the work place committee or the health and safety representative.

Telephone or Fax Reports

15.5 The employer shall report to the Head of Compliance and Enforcement, by telephone or fax, the date, time, location and nature of any accident, occupational illness or other hazardous occurrence referred to in section 15.4 that had one of the following results, as soon as feasible but not later than 24 hours after becoming aware of that result:

• (a) the death of an employee;

• (b) a disabling injury to two or more employees;

• (c) the loss by an employee of a body member or a part thereof or the complete loss of the usefulness of a body member or a part thereof;

• (d) the permanent impairment of a body function of an employee;

• (e) an explosion;

• (f) damage to a boiler or pressure vessel that results in fire or the rupture of the boiler or pressure vessel; or

• (g) any damage to an elevating device that renders it unserviceable, or a free fall of an elevating device.

Records

• 15.6 (1) The employer shall, within 72 hours after a hazardous occurrence referred to in paragraph 15.5(f) or (g), record in writing

  • (a) a description of the hazardous occurrence and the date, time and location of the occurrence;

  • (b) the causes of the occurrence; and

  • (c) the corrective measures taken or the reason for not taking corrective measures.

• (2) The employer shall, without delay, submit a copy of the record referred to in subsection (1) to the work place committee or the health and safety representative.

Minor Injury Records

• 15.7 (1) Every employer shall keep a record of each minor injury of which the employer is aware that is sustained by an employee in the course of employment.

• (2) A record kept pursuant to subsection (1) shall contain

  • (a) the date, time and location of the occurrence that resulted in the minor injury;

  • (b) the name of the employee affected;

  • (c) a brief description of the minor injury; and

  • (d) the causes of the minor injury.

Written Reports

• 15.8 (1) The employer shall make a report in writing, without delay, in the form set out in Schedule I to this Part setting out the information required by that form, including the results of the investigation referred to in paragraph 15.4(1)(a), where that investigation discloses that the hazardous occurrence resulted in any one of the following circumstances:

  • (a) a disabling injury to an employee;

  • (b) an electric shock, toxic atmosphere or oxygen deficient atmosphere that caused an employee to lose consciousness;

  • (c) the implementation of rescue, revival or other similar emergency procedures; or

  • (d) a fire or an explosion.

• (2) The employer shall submit a copy of the report referred to in subsection (1)

  • (a) without delay, to the work place committee or the health and safety representative; and

  • (b) within 14 days after the hazardous occurrence, to the Head of Compliance and Enforcement.

15.9 If an accident referred to in subsection 15.4(2) results in a circumstance referred to in subsection 15.8(1), the employer shall, within 14 days after the receipt of the police report of the accident, submit a copy of that report to the Head of Compliance and Enforcement.

Annual Report

• 15.10 (1) Every employer shall, not later than March 1 in each year, submit to the Head of Compliance and Enforcement a written report setting out the number of accidents, occupational illnesses and other hazardous occurrences of which the employer is aware affecting any employee in the course of employment during the 12 month period ending on December 31 of the preceding year.

• (2) The report shall be in the form set out in Schedule II to this Part, contain the information required by that form and be accompanied by a copy of any report made in accordance with subsection 19.8(1).

Retention of Reports and Records

15.11 Every employer shall keep a copy of

• (a) each report submitted under section 15.9 or subsection 15.10(1) for a period of 10 years following the submission of the report to the Head of Compliance and Enforcement; and

• (b) the record or report referred to in subsection 15.6(1), 15.7(1) or 15.8(1) for a period of 10 years following the hazardous occurrence.