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

Preventive Measures

• 124 (1) The employer must, in order to address identified and assessed hazards, including ergonomics-related hazards, take preventive measures to address the assessed hazard in the following order of priority:

  • (a) the elimination of the hazard, including by way of engineering controls which may involve mechanical aids, equipment design or redesign that take into account the physical attributes of the employee;

  • (b) the reduction of the hazard, including isolating it;

  • (c) the provision of personal protection equipment, clothing, devices or materials; and

  • (d) administrative procedures respecting, among other things, work permits issued under Part 13, the management of hazard exposure and recovery periods and the management of work patterns and methods.

• (2) As part of the preventive measures, the employer must develop and implement a preventive maintenance program in order to avoid failures that could result in a hazard to employees.

• (3) The employer must ensure that any preventive measure must not in itself create a hazard and must take into account the effects on the work place.

• (4) The preventive measures must include steps to address

  • (a) newly identified hazards in an expeditious manner; and

  • (b) ergonomics-related hazards that are identified when planning implementation of change to the work environment or to work duties, equipment, practices or processes.

Employee Training

• 125 (1) The employer must provide each employee with health and safety training, including training relating to ergonomics, which must include the following:

  • (a) the hazard prevention program implemented in accordance with this Part to prevent hazards applicable to the employee, including the hazard identification and assessment methodology and the preventive measures taken by the employer;

  • (b) the nature of the work place and the hazards associated with it;

  • (c) the employee’s duty to report under paragraphs 126(1)(g) and (h) of the Act and under section 275; and

  • (d) an overview of the Act and these Regulations.

• (2) The employer must provide an employee with training

  • (a) when new information in respect of a hazard in the work place becomes available to the employer; and

  • (b) shortly before the employee is assigned a new activity or exposed to a new hazard.

• (3) The employer must review the employee training program and, if necessary, revise it

  • (a) at least once every three years;

  • (b) when there is a change in conditions in respect of a hazard; and

  • (c) when new information in respect of a hazard in the work place becomes available to the employer.

• (4) Each time an employee is provided with training, the employee must acknowledge in writing that they received it and the employer must acknowledge in writing that they provided it.

• (5) The employer must keep, in paper or electronic form, records of the training that each employee is provided with for a period of two years after the day on which the employee ceases to be exposed to a hazard.

Program Evaluation

• 126 (1) The employer must evaluate the effectiveness of the hazard prevention program, including its ergonomics-related components, and, if necessary, revise it

  • (a) at least once every three years;

  • (b) when there is a change in conditions in respect of a hazard; and

  • (c) when new information in respect of a hazard in the work place becomes available to the employer.

• (2) The evaluation of the effectiveness of the prevention program must be based on the following documents and information:

  • (a) conditions related to the work place and the activities of the employees;

  • (b) any work place inspection reports;

  • (c) any hazardous occurrence investigation reports;

  • (d) any safety audits;

  • (e) first aid records and any injury statistics, including records and statistics relating to ergonomics-related first aid and injuries;

  • (f) any observations of the policy and work place committees, or the health and safety representative, on the effectiveness of the prevention program; and

  • (g) any other relevant information.

Reports and Records

• 127 (1) If a program evaluation has been conducted under section 126, the employer must prepare a program evaluation report.

• (2) The employer must keep every program evaluation report for a period of six years after the day on which the report is prepared and make it readily available for examination for that period.

PART 8Diving Operations

128 The employer must ensure that all diving operations from a vessel meet the same requirements as those set out in Part XVIII of the Canada Occupational Health and Safety Regulations.

PART 9Persons Transfer Apparatus

Interpretation

129 The following definitions apply in this Part.

boatswain’s chair

boatswain’s chair means a single-point adjustable suspension scaffold consisting of a seat or sling designed to accommodate one employee in a sitting position. (chaise de gabier)

persons transfer apparatus

persons transfer apparatus includes a platform, bucket, landing boom or basket or boatswain’s chair designed specifically for the purpose of transporting, lifting, moving and positioning persons. (appareil de transbordement de personnes)

Application

130 This Part applies to every persons transfer apparatus used for the purpose of carrying persons on board a vessel, and every safety device attached to that apparatus.

Standards

• 131 (1) Every persons transfer apparatus and every safety device attached to it must

  • (a) if feasible, meet the standards set out in the applicable standard referred to in subsection (2); and

  • (b) be used, operated and maintained in accordance with the standards set out in the applicable standard referred to in subsection (2).

• (2) For the purposes of subsection (1), the applicable standard for

  • (a) elevators, dumbwaiters and escalators is ASME A17.1-2007/CSA B44-07, Safety Code for Elevators and Escalators, and CSA Standard CAN/CSA-B44.1/ASME-A17.5-04, Elevator and Escalator Electrical Equipment;

  • (b) manlifts is CSA Standard CAN/CSA-B311-02, Safety Code for Manlifts;

  • (c) personnel hoists is CSA Standard CAN/CSA-Z185-M87 (R2006), Safety Code for Personnel Hoists;

  • (d) lifts for persons with physical disabilities is CSA Standard CAN/CSA B355-00 (R2005), Lifts for Persons with Physical Disabilities;

  • (e) descent control devices is CSA Standard Z259.3-99 (R2004), Descent Control Devices; and

  • (f) landing booms is the most recent edition of The Seaway Handbook, issued by St. Lawrence Seaway Management Corporation.

Use and Operation

• 132 (1) A persons transfer apparatus on a vessel must not be used or operated in the following circumstances:

  • (a) with a load in excess of the load that it was designed and installed to move safely; or

  • (b) when the roll of the vessel is more than the maximum roll for the safe operation of the persons transfer apparatus recommended by the manufacturer.

• (2) A persons transfer apparatus must not be used or placed in service while any safety device attached to it is inoperative.

• (3) A safety device attached to a persons transfer apparatus must not be altered, interfered with or rendered inoperative.

• (4) Subsections (2) and (3) do not apply in respect of a persons transfer apparatus or a safety device that is being inspected, tested, repaired or maintained by a qualified person.