Maritime Occupational Health and Safety Regulations (SOR/2010-120)

AMENDMENTS NOT IN FORCE

• — SOR/2026-10, s. 43

  • 43 The definition National Fire Code in section 209 of the Maritime Occupational Health and Safety RegulationsFootnote ⁴ is replaced by the following:

    • Return to footnote ⁴SOR/2010-120

    National Fire Code

    National Fire Code means the National Fire Code of Canada 2020, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada. (Code national de prévention des incendies)

• — SOR/2026-10, s. 44

  • 44 Subsection 238(1) of the Regulations is replaced by the following:

    • • 238 (1) Every enclosed working area in which materials handling equipment powered by an internal combustion engine is used must be ventilated in a manner such that the carbon monoxide concentration in the atmosphere is not in excess of the value established for carbon monoxide by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

• — SOR/2026-10, s. 45

  • 45 Section 243 of the Regulations is amended by adding the following in alphabetical order:

    engineered nanomaterials

    engineered nanomaterials means materials that are designed for a specific purpose or function and that have at least one external dimension in the nanoscale or an internal structure or surface structure in the nanoscale. (nanomatériaux d’ingénierie)

    thermal stress

    thermal stress means all of the adverse health effects experienced by an employee as a result of their exposure to hot or cold working conditions. (stress thermique)

• — SOR/2026-10, s. 46

  • 46 Section 244.1 of the Regulations is replaced by the following:

    Record of Hazardous Substances

    • • 244.1 (1) Every employer must keep a record of each hazardous substance that is used, produced or handled in the work place by the employer, employees or contractors or that is stored in the work place by the employer, employees or contractors for use in the work place.

      • (2) For the purposes of subsection (1), the employer may keep the record in the work place or may keep a centralized record in one work place in respect of several work places where the hazardous substance is used, produced, handled or stored.

      • (3) The employer must keep each record referred to in subsection (1) for a period of 30 years after the day on which the substance that is the subject of the record is last used, produced, handled or stored.

• — SOR/2026-10, s. 47

  • 47 Section 246 of the Regulations is replaced by the following:

    • • 246 (1) A hazardous substance must not be used in a work place if a non-hazardous substance can be used instead.

      • (2) If a non-hazardous substance cannot be used in place of a hazardous substance, the substance that is the least hazardous that can be used must be used.

• — SOR/2026-10, s. 48

  • 48 Subsection 250(5) of the Regulations is replaced by the following:

    • (5) If a hazardous substance is present in a work place and there is a possibility that a fire or explosion may occur due to static electricity, the employer must implement the practices set out in the United States National Fire Protection Association publication NFPA 77, entitled Recommended Practice on Static Electricity, as amended from time to time.

• — SOR/2026-10, s. 49

  • • 49 (1) The portion of subsection 255(1) of the English version of the Regulations before paragraph (a) is replaced by the following:

      • • 255 (1) An employee must be kept free from exposure to

    • (2) Paragraph 255(1)(a) of the Regulations is replaced by the following:

      • (a) a concentration of a chemical agent in the air, other than airborne grain dust, airborne flour dust and airborne asbestos fibres, in excess of the value established for that chemical agent by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time;

    • (3) Paragraphs 255(1)(b) to (d) of the English version of the Regulations are replaced by the following:

      • (b) a concentration of airborne grain dust in excess of 4 mg/m³;

      • (c) a concentration of airborne flour dust in excess of 3 mg/m³; or

      • (d) a concentration of an airborne hazardous substance, other than a chemical agent, that is hazardous to the health and safety of the employee.

    • (4) Subsection 255(1.1) of the English version of the Regulations is replaced by the following:

      • (1.1) An employer must ensure that an employee’s exposure to a concentration of airborne asbestos fibres is as close to zero as possible, but in any event the employer must ensure that the concentration does not exceed the value for airborne asbestos fibres adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

    • (5) Subsections 255(2) and (3) of the Regulations are replaced by the following:

      • (2) If the concentration of an airborne chemical agent is likely to exceed the value referred to in paragraph (1)(a), (b) or (c) for that chemical agent or the concentration of airborne asbestos fibres is likely to exceed zero, an employer must ensure that a qualified person measures the concentration of the chemical agent or asbestos fibres in the breathing zone of the employees who are most likely to be exposed to the highest concentration of the chemical agent or asbestos fibres in accordance with

        • (a) any method that consists of taking and analyzing samples of the chemical agent or asbestos fibres for the purpose of establishing, for that chemical agent or those asbestos fibres, the threshold limit values TLV-TWA, TLV-STEL or TLV-C as defined in the American Conference of Governmental Industrial Hygienists publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time, and that fulfills the following conditions:

          • (i) it is provided for in the United States National Institute for Occupational Safety and Health publication entitled Occupational Exposure Sampling Strategy Manual, as amended from time to time, and

          • (ii) it is appropriate for that chemical agent or those asbestos fibres;

        • (b) a method of taking and analyzing samples that is set out, for the chemical agent or asbestos fibres, in the United States National Institute for Occupational Safety and Health publication entitled NIOSH Manual of Analytical Methods, as amended from time to time;

        • (c) a method of taking and analyzing representative samples of the chemical agent or asbestos fibres with accuracy and with detection levels at least equal to those that would be attained if a method referred to in paragraph (b) for that chemical agent or those asbestos fibres were used; or

        • (d) a scientifically proven method of taking and analyzing representative samples of the chemical agent or asbestos fibres, if no method is set out for that chemical agent or those asbestos fibres in the publication referred to in paragraph (b) and no method is available under paragraph (c) for that chemical agent or those asbestos fibres.

      • (3) An employer must keep a paper or electronic record of each measurement taken under subsection (2) on board the vessel on which the samples to effect the measurement were taken for a period of 30 years after the day on which the last sample to effect that measurement was taken.

    • (6) Paragraphs 255(4)(a) to (e) of the Regulations are replaced by the following:

      • (a) the date, time and location of each sampling;

      • (b) the hazardous substance in respect of which the samples were taken;

      • (c) the sampling and analysis method used, including the duration of each sampling and the name, precision, detection limits and flow rate of the equipment used;

      • (d) the sampling results obtained; and

      • (e) the name and occupation of the qualified person who took the samples and analyzed them.

• — SOR/2026-10, s. 50

  • 50 The Regulations are amended by adding the following after section 255:

    • 255.1 The employer must ensure that the concentration in the air of a chemical agent, other than airborne grain dust, airborne flour dust and airborne asbestos fibres, to which employees are exposed and for which the value has not been established by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time, is maintained at levels that are as low as feasible.

    • 255.2 If engineered nanomaterials are present in the work place, the employer must ensure that, in accordance with CSA Standard Z12885, entitled Nanotechnologies — Exposure control program for engineered nanomaterials in occupational settings, a qualified person

      • (a) establishes objectives with respect to the development of protection and prevention measures; and

      • (b) controls the exposure associated with the handling, use and storage of engineered nanomaterials.

    • • 255.3 (1) The employer must, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop procedures to reduce the risk of thermal stress that include

        • (a) engineering controls, such as temporary equipment, shields, insulation and fans;

        • (b) administrative controls, such as fluid replacement, work practices, work-rest cycles, acclimatization, physiological monitoring and the scheduling and organization of work;

        • (c) the monitoring of environmental factors, such as humidity and wind speed;

        • (d) the protective clothing and equipment to be worn or used;

        • (e) employee education and training with respect to the signs and symptoms associated with thermal stress; and

        • (f) the reporting in the record kept under section 244.1 of any incident associated with thermal stress, which must set out

          • (i) the date and time of the incident,

          • (ii) the thermal conditions at the time of the incident,

          • (iii) the protective measures in effect at the time of the incident and the protective measures actually employed at that time, and

          • (iv) the symptoms experienced by and treatment given to affected persons.

      • (2) The employer must implement the procedures developed to reduce the risk of thermal stress if an employee is exposed to conditions that reach

        • (a) the thresholds set out in the table entitled “Screening Criteria using WBGT_eff (°C) for Acclimatized and Unacclimatized Workers” under the heading “Heat Stress and Strain” in the American Conference of Governmental Industrial Hygienists publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time; or

        • (b) the thresholds set out under the heading “Cold Stress” in that publication, as amended from time to time.