On Board Trains Occupational Health and Safety Regulations (SOR/87-184)

Regulations are current to 2017-12-11 and last amended on 2017-06-20. Previous Versions

On Board Trains Occupational Health and Safety Regulations

SOR/87-184

CANADA LABOUR CODE

Registration 1987-03-26

On Board Trains Occupational Health and Safety Regulations

P.C. 1987-586 1987-03-26

Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to sections 82Footnote * and 83Footnote * and subsection 106(2)Footnote * of the Canada Labour Code, is pleased hereby to approve the annexed Regulations respecting occupational safety and health of employees on trains while in operation made under Part IV of the Canada Labour Code by the Minister of Labour on the recommendation of the Canadian Transport Commission, effective April 2, 1987.

 [Repealed, SOR/2015-143, s. 2]

PART IGeneral

Interpretation

 In these Regulations,

Act

Act means Part II of the Canada Labour Code; (Loi)

CSA

CSA means the Canadian Standards Association; (CSA)

Commission

Commission[Repealed, SOR/95-105, s. 3]

dangerous substance

dangerous substance[Repealed, SOR/88-200, s. 1]

electrical equipment

electrical equipment means equipment for the generation, distribution or use of electricity; (outillage électrique)

first aid

first aid[Repealed, SOR/2015-143, s. 3]

maintenance of way equipment

maintenance of way equipment means track motor cars and other rolling stock used for maintaining rails and tracks; (véhicule d’entretien)

medical practitioner

medical practitioner[Repealed, SOR/88-200, s. 1]

on-board accommodation

on-board accommodation means living, eating or sleeping quarters provided on rolling stock by an employer for the accommodation of employees; (logement à bord)

oxygen deficient atmosphere

oxygen deficient atmosphere means an atmosphere in which there is less than 18% by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 135 mm Hg; (air à faible teneur en oxygène)

protection equipment

protection equipment means safety materials, equipment, devices and clothing; (équipement de protection)

qualified person

qualified person means, in respect of a specified duty, a person who, because of his knowledge, training and experience, is qualified to perform that duty safely and properly; (personne qualifiée)

regional safety officer

regional safety officer[Repealed, SOR/2014-148, s. 15]

rolling stock

rolling stock means a locomotive, caboose, self-propelled car, box car, tank car, maintenance of way equipment, snow-plow, flanger and other mobile equipment designed to move on wheels on rails or tracks; (matériel roulant)

toilet room

toilet room means a room that contains a toilet. (cabinet de toilette)

  • SOR/88-200, s. 1;
  • SOR/95-105, s. 3;
  • SOR/2014-148, s. 15;
  • SOR/2015-143, s. 3.

Prescription

 These Regulations are prescribed for the purposes of sections 125, 125.1, 125.2 and 126 of the Act.

  • SOR/88-200, s. 2;
  • SOR/95-105, s. 4.

Application

 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. 2.

 These Regulations apply in respect of employees on trains while in operation and in respect of all persons granted access to such trains by the employer.

  • SOR/95-105, s. 4.

Records and Reports

 An employer’s keeping and maintenance of health and safety records and records of exposure to hazardous substances shall be done in such a manner that the records are readily available for examination by the Minister and by the policy committee or, if there is no policy committee, the work place committee or the health and safety representative for the work place to which they apply.

  • SOR/88-200, s. 3;
  • SOR/95-105, s. 4;
  • SOR/2014-148, s. 16;
  • SOR/2015-143, s. 4.

Inconsistent Provisions

 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 of these Regulations shall prevail to the extent of the inconsistency.

 [Repealed, SOR/2015-143, s. 5]

PART IIElevating Devices

Interpretation

 In this Part, elevating device means an escalator, elevator or other device for moving passengers or freight and that is installed on rolling stock. (appareil de levage)

  • SOR/95-105, s. 5(E).

Use and Operation

 No elevating device shall be used or operated with a load in excess of the load that it was designed and installed to move safely.

  •  (1) Subject to subsection (3), no elevating device shall be used or placed in service while any safety device attached thereto is inoperative.

  • (2) Subject to subsection (3), no safety device attached to an elevating device shall be altered, interfered with or rendered inoperative.

  • (3) Subsections (1) and (2) do not apply to an elevating device or a safety device that is being inspected, tested, repaired or maintained by a qualified person.

Inspection and Testing

 Every elevating device and every safety device attached thereto shall be inspected and tested by a qualified person to determine that it is in a safe operating condition and is capable of carrying any load that is likely to be imposed on it

  • (a) before the elevating device and the safety device attached thereto are placed in service;

  • (b) after an alteration to the elevating device or a safety device attached thereto; and

  • (c) once every 12 months.

  •  (1) A record of each inspection and test made in accordance with section 2.4 shall

    • (a) be signed by the qualified person who made the inspection and test;

    • (b) include the date of the inspection and test and the identification and location of the elevating device and safety device that were inspected and tested; and

    • (c) set out the observations of the qualified person inspecting and testing the elevating device and safety device on the safety of the devices.

  • (2) Every record referred to in subsection (1) shall be kept by the employer for a period of two years after the date on which it is signed in accordance with paragraph (1)(a).

Repair and Maintenance

 Repair and maintenance of elevating devices and safety devices attached thereto shall be performed by a qualified person appointed by the employer.

PART IIILighting

[SOR/2015-143, s. 6]

Interpretation

  •  (1) The following definitions apply in this Part.

    task position

    task position means a position at which a visual task is performed. (poste de travail)

    VDT

    VDT means a visual display terminal. (TEV)

  • (2) For the purposes of this Part, 1 lx is equal to 0.0929 foot candle.

  • SOR/2015-143, s. 7.

General

  •  (1) The levels of lighting prescribed in this Part shall, where reasonably practicable, be provided by a lighting system installed by the employer.

  • (2) Where it is not reasonably practicable to comply with subsection (1), the employer shall provide portable lanterns that give the prescribed levels of lighting.

  • SOR/95-105, s. 6(F);
  • SOR/2015-143, s. 8(F).

Measurement of Levels of Lighting

[SOR/2015-143, s. 9(F)]

 For the purposes of this Part, the average level of lighting at a task position or in an area shall be determined

  • (a) by making one measurement at four different places that are representative of the level of lighting at the task position or that, in an area, are representative of the level of lighting 1 m above the floor of the area; and

  • (b) by dividing the aggregate of the results of those measurements by four.

  • SOR/2015-143, s. 10.

Minimum Levels of Lighting

[SOR/2015-143, s. 11(F)]

 The level of lighting in an area referred to in Column I of an item of Schedule I to this Part shall be not less than the level set out in Column II.

  • SOR/2015-143, s. 12.
 
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