DIVISION IVGeneral Requirements for Machine Guards
10.21 (1) Every machine on rolling stock that has exposed moving, rotating, electrically charged or hot parts or that processes, transports or handles material that constitutes a hazard to an employee shall be equipped with a machine guard that
(a) prevents the employee or any part of his body from coming into contact with the parts or material;
(b) prevents access by the employee to the area of exposure to the hazard during the operation of the machine; or
(c) makes the machine inoperative if the employee or any part of his clothing is in or near a part of the machine that is likely to cause injury.
(2) To the extent that is reasonably practicable, a machine guard referred to in subsection (1) shall not be removable.
(3) A machine guard shall be so constructed, installed and maintained that it meets the requirements of subsection (1).
- SOR/95-105, s. 46(F).
(2) A machine may be operated when the machine guard is not in its proper position in order to permit the repair of the machine or the removal of an injured person from the machine.
PART XIHazardous Occurrence Investigation, Recording and Reporting
11.1 In this Part,
- disabling injury
disabling injury means an employment injury or an occupational disease 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 disease 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 of one or in the complete loss of the usefulness of a body member or part of one, or
(c) results in the permanent impairment of a body function of an employee; (blessure invalidante)
- minor injury
minor injury means an employment injury or an occupational disease for which medical treatment is provided and excludes a disabling injury. (blessure légère)
- SOR/95-105, s. 47.
Report by Employee
11.2 The employee’s report of every accident or other occurrence arising in the course of their work that has caused injury to the employee or to any other person shall be made to the employer without delay, either orally or in writing.
- SOR/2015-143, s. 59.
(a) take necessary measures to prevent a recurrence of the hazardous occurrence;
(b) appoint a qualified person to carry out an investigation of the hazardous occurrence; and
(c) report the occurrence and the name of the person appointed to investigate it to the work place committee or the health and safety representative.
(2) If the hazardous occurrence referred to in subsection (1) is an accident that involves a motor vehicle on a public road and that is investigated by a police authority,
(a) the investigation shall be carried out by obtaining from that police authority a copy of its report respecting the accident; and
(b) as soon as practicable after receipt of the report, the employer shall provide a copy of the report to the work place committee or the health and safety representative.
- SOR/95-105, s. 48;
- SOR/2015-143, s. 60.
11.4 An employer shall report the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in subsection 11.3(1) by telephone to the Minister as soon as practicable but not later than 24 hours after becoming aware of the occurrence, if the occurrence results in
(a) the death of an employee;
(b) a disabling injury to two or more employees;
(b.1) the loss by an employee of a body member or a part of it or the complete loss of the usefulness of a body member or a part of it;
(b.2) the permanent impairment of a body function of an employee;
(c) an explosion; or
(d) damage to a boiler or pressure vessel that results in fire or the rupture of the boiler or pressure vessel.
- SOR/95-105, s. 49;
- SOR/2014-148, s. 18;
- SOR/2015-143, s. 61.
11.5 The employer shall, within 72 hours after a hazardous occurrence referred to in paragraph 11.4(d), record in writing
(a) a description of the hazardous occurrence and the date, time and location of the occurrence;
(b) the causes of the hazardous occurrence; and
(c) the corrective action that was taken, if any.
- SOR/95-105, s. 54(F).
Minor Injury Record
(2) A record made pursuant to subsection (1) shall contain
11.7 (1) An employer shall make a report in writing, without delay, in the form set out in Schedule I to this Part setting out the information that is required by that form, including the results of the investigation referred to in paragraph 11.3(1)(b), if that investigation discloses that the hazardous occurrence resulted in any one of the following circumstances:
(2) The employer shall submit a copy of the report referred to in subsection (1)
- SOR/95-105, s. 50;
- SOR/2014-148, s. 19;
- SOR/2015-143, s. 62.
11.7.1 If an accident referred to in subsection 11.3(2) results in a circumstance referred to in subsection 11.7(1), the employer shall, within 14 days after the receipt of the police report respecting the accident, submit a copy of that report to the Minister.
- SOR/2015-143, s. 62.
11.8 An employer shall, not later than March 1 in each year, submit a written report to the Minister, in the form set out in Schedule III to this Part, setting out the number of accidents, occupational diseases and other hazardous occurrences of which the employer is aware that affected any employee in the course of their work during the 12-month period ending on December 31 of the preceding year.
- SOR/95-105, s. 51;
- SOR/2014-148, s. 20;
- SOR/2015-143, s. 63.
Retention of Reports and Records
11.9 The employer shall keep a copy of
(a) each report submitted under section 11.7.1 or 11.8 for a period of 10 years after the day on which the report is submitted to the Minister; and
(b) the record or report referred to in section 11.5 or subsection 11.6(1) or 11.7(1) for a period of 10 years after the day on which the hazardous occurrence occurred.
- SOR/95-105, s. 52;
- SOR/2014-148, s. 21;
- SOR/2015-143, s. 64.
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