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

Regulations are current to 2021-11-17 and last amended on 2021-07-01. Previous Versions

Maritime Occupational Health and Safety Regulations

SOR/2010-120

CANADA LABOUR CODE

Registration 2010-06-03

Maritime Occupational Health and Safety Regulations

P.C. 2010-707 2010-06-03

Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour and the Minister of Transport, pursuant to section 157Footnote a of the Canada Labour CodeFootnote b, hereby makes the annexed Maritime Occupational Health and Safety Regulations.

PART 1General

Interpretation

 The following definitions apply in these Regulations.

Act

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

ANSI

ANSI means the American National Standards Institute. (ANSI)

approved organization

approved organization means an organization that is approved by any province for the teaching of first aid, or a recognized institution within the meaning of subsection 1(1) of the Marine Personnel Regulations. (organisme agréé)

confined space

confined space means an enclosed or partially enclosed space that

  • (a) is not designed or intended for human occupancy, except for the purpose of performing work;

  • (b) has restricted means of access and egress; and

  • (c) may become hazardous to any person entering it owing to

    • (i) its design, construction, location or atmosphere,

    • (ii) the materials or substances in it, or

    • (iii) any other conditions relating to it. (espace clos)

crew accommodation

crew accommodation means living, eating, recreational or sleeping quarters provided by an employer for the accommodation of employees on a vessel. (logement de l’équipage)

CSA

CSA means the Canadian Standards Association. (CSA)

day vessel

day vessel means a vessel that is not equipped with accommodation to provide rest for employees. (bâtiment de jour)

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 their regular work on any day after the day on which the injury or disease occurred, whether or not that later day was a work day for that employee;

  • (b) results in an employee’s loss 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)

electrical equipment

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

first aid certificate

first aid certificate means the certificate issued by or with the authority of an approved organization for successful completion of a two-day first aid course. (certificat de secourisme)

gross tonnage

gross tonnage means the volume of a vessel as determined by a tonnage measurer or calculated in accordance with the regulations made under paragraph 77(h) of the Canada Shipping Act, 2001. (jauge brute)

ILO

ILO means the International Labour Organization. (OIT)

IMO

IMO means the International Maritime Organization. (OMI)

inland voyage

inland voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)

inland waters of Canada

inland waters of Canada has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (eaux internes du Canada)

international voyage

international voyage means a voyage between a place in Canada and a place not in Canada or between places not in Canada. (voyage international)

isolation

isolation means separation or disconnection from every source of energy that is capable of making equipment dangerous. (isolation)

lock out

lock out means placement of a lock on equipment, machines or energy-isolating devices in accordance with an established procedure, to indicate that the equipment, machines or devices are not to be operated until the lock is removed in accordance with an established procedure. (cadenasser)

marine chemist

marine chemist means a qualified person who

  • (a) is a graduate of a post-secondary education institution who

    • (i) has successfully completed courses in chemical engineering,

    • (ii) has successfully completed a general program with a major in chemistry, or

    • (iii) is a member of the Chemical Institute of Canada; and

  • (b) has at least three years’ experience in chemical or engineering work, after the person has satisfied the requirements of paragraph (a), of which a minimum of 150 working hours were spent under the supervision of a qualified person in work on board a vessel testing tank reservoirs and other containers in the application of gas hazard control standards. (chimiste de la marine)

MLC 2006

MLC 2006 means the Maritime Labour Convention, 2006. (CTM 2006)

near coastal voyage, Class 1

near coastal voyage, Class 1 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 1)

NIOSH

NIOSH means the National Institute for Occupational Safety and Health in the United States. (NIOSH)

oxygen-deficient atmosphere

oxygen-deficient atmosphere means an atmosphere in which there is less than 19.5 per cent by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 148 mm Hg. (air à faible teneur en oxygène)

passenger vessel

passenger vessel means a vessel that carries more than 12 passengers. (bâtiment à passagers)

personal service room

personal service room means a change room, sanitary facility, shower room, or other area of the crew accommodation or a combination of those areas. (local réservé aux soins personnels)

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 their knowledge, training and experience, is qualified to perform that duty safely and properly. (personne qualifiée)

rest

rest means a period during which an employee is not assigned any duty and has access to sleeping quarters and sanitary facilities. (repos)

sanitary facility

sanitary facility means a room that contains a water closet or a urinal. (cabinet de toilette)

SOLAS

SOLAS means the 2004 consolidated edition of the International Convention for Safety of Life at Sea, 1974. (SOLAS)

special purpose vessel

special purpose vessel means a vessel of not less than 500 gross tonnage that carries more than 12 special personnel who are needed for the particular operational duties of the vessel and are, in addition to those persons required for the normal navigation, engineering and maintenance of the vessel, engaged to provide services for the persons carried on board. (bâtiment spécial)

unlimited voyage

unlimited voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage illimité)

ventilation equipment

ventilation equipment means a fan, blower, induced draft or other ventilation device used to force a supply of fresh, respirable atmospheric air into an enclosed space or to move ambient air from that space. (matérial de ventilation)

vessel

vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001. (bâtiment)

 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.

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. 4

 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

[
  • SOR/2019-246, s. 217
]
  •  (1) If an employer is required by section 125 or 125.1 of the Act to the employer must keep and maintain the record and make it readily available for examination by the Head of Compliance and Enforcement, the policy committee or, if there is no policy committee, the work place committee or the health and safety representative 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 Head of Compliance and Enforcement.

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 must prevail to the extent of the inconsistency.

Incorporation by Reference

 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

  •  (1) Every employer must

    • (a) arrange that work in a work 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 of 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 work area; and

    • (b) inspects every work 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.

PART 2Structures

Interpretation

 The following definitions apply in this Part.

accommodation ladder

accommodation ladder means a means of access to and egress from a vessel that may include platforms on different levels with ladders between the platforms and that

  • (a) is suspended by a supporting structure of chains or steel wire ropes from its lowest suspension point;

  • (b) is hinged at its top; and

  • (c) can be moved so that the lowest platform is accessible from shore. (échelle de coupée)

scaffold

scaffold means a working platform supported from below. (échafaudage)

stage

stage means a working platform supported from above. (plate-forme suspendue)

Application

 This Part applies to permanent and temporary structures, including means of access, gangways, scaffolds, stages, ladders, guardrails, toe boards and safety nets.

Design and Construction

 The employer must ensure that the design and construction of every structure on a vessel meets the applicable requirements set out in one or more of the following regulations:

 
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