PART 12Prevention of Noise and Vibration (continued)
Sound Level Measurement
163 The levels of sound must be measured by using the slow exponential-time-averaging characteristic and the A-weighting characteristic of a sound level meter.
164 In a work place where the level of sound is 85 dB or more, the employer must post signs warning persons entering the work place
(a) that there is a hazardous level of sound in the work place;
(b) if applicable, of the maximum number of hours of exposure determined under subsection 161(2); and
(c) if applicable, of the requirement to wear a hearing protector.
PART 13Work Permit
165 The employer must assess the following types of work to determine if the work presents a hazard that is capable of causing death or serious injury:
(a) work on live electrical equipment that cannot be isolated or grounded;
(b) work on electrical equipment that is capable of becoming live during that work;
(c) hot work, as defined in section 189;
(d) work that requires exposure to hazardous substances beyond the limits referred to in subsection 255(1); and
(e) any other work that may present a hazard that is capable of causing death or serious injury.
166 The employer is required to issue a written work permit to a qualified person before the commencement of the following types of work:
(a) work that requires entry into confined spaces; and
(b) any other work that has been assessed under section 165 as presenting a hazard that is capable of causing death or serious injury.
167 The work permit must contain the following information:
(a) the name of the person who issues the permit;
(b) the name of the person to whom it is issued;
(c) the periods during which the permit is valid;
(d) the type of work to be performed and its location; and
(e) assessment of conditions related to the hazard of performing the work, and instructions arising from those conditions, including
(i) the work procedures to be followed,
(ii) the identification of equipment that is to be locked out in accordance with CSA Standard CAN/CSA-Z460-05, Control of Hazardous Energy - Lockout and Other Methods,
(iii) a description of any safety tests to be performed before the work is performed, during the performance of the work and following the completion of the work,
(iv) the specification of the particulars of the tags or signs to be used, if any,
(v) the specification of the protection equipment to be used, if any,
(vi) in the case of an emergency, the procedures to be followed,
(vii) a description of the specific space, work or electrical equipment to which the instructions apply, and
(viii) the identification of any other work permit that may affect the emergency or work procedures to be followed.
168 (1) The work permit must be signed by the employer and the terms, rights and obligations explained to and signed by the person to whom that permit is issued.
(2) The work permit must be made readily available for examination by employees for the period in which the work is being performed and it must be kept by the employer for a period of two years after the day on which the work was completed at the place of business nearest to the work place in which the work was completed.
(3) Work authorized under a work permit may be performed only after the equipment has been locked out in accordance with the standard referred to in subparagraph 167(e)(ii).
PART 14Confined Spaces
169 A person must not enter a confined space without having been issued a work permit under section 166.
170 [Repealed, SOR/2021-122, s. 47]
Assessment of Condition
171 (1) Before authorizing a person to enter a confined space on a vessel, the employer must appoint a marine chemist or other qualified person to
(a) carry out an assessment of any hazardous substance in the confined space; and
(b) specify the necessary tests to determine whether employees are likely to be exposed to the hazard.
(2) In the context of the assessment, the marine chemist or other qualified person must, at a minimum, verify that the following requirements are met:
(a) the concentration of any chemical agent to which the person is likely to be exposed in the confined space is not more than the value or level referred to in subsection 255(1) or the percentage referred to in subsection 255(5);
(b) the concentration of airborne hazardous substances, other than chemical agents, in the confined space is not hazardous to the health or safety of the person;
(c) the percentage of oxygen in the atmosphere in the confined space is not less than 19.5 per cent by volume and not more than 23 per cent by volume at normal atmospheric pressure and in any case the partial pressure of oxygen is not less than 148 mm Hg; and
(d) the value, level or percentage referred to in paragraphs (a) to (c) can be maintained during the period of proposed occupancy of the confined space by the person.
(3) The marine chemist or other qualified person must, in a written report signed by that person, set out the following information:
(a) the name of the vessel on which the confined space is located;
(b) the location of the confined space on the vessel;
(c) a record of the results of the assessment made in accordance with subsection (2);
(d) the type, model, serial number and date of last calibration of any instrument used in the assessment process;
(e) an evaluation of the hazards of the confined space;
(f) if the employer has established procedures to be followed by a person entering into, exiting from or performing work in a confined space, which of those procedures are applicable;
(g) if the employer has not established procedures referred to in paragraph (f), the procedures to be followed by the person referred to in that paragraph;
(h) the protection equipment referred to in Part 10 that is to be used by every person granted access to the confined space; and
(i) if the employer has established emergency procedures to be followed in the event of an accident or other emergency in or near the confined space, which of the procedures are to be followed, including immediate evacuation of the confined space when
(i) an alarm is activated, or
(ii) there is any significant change in the value, level or percentage referred to in subsection (2).
172 The written report referred to in subsection 171(3) must be kept by the employer on the vessel on which the confined space is located for a period of two years after the day on which the marine chemist or other qualified person signs the report.
Additional Requirements for the Issuance of a Work Permit
173 (1) In addition to the requirements set out in section 168, before an employer issues a work permit under section 166 in respect of work that requires entry into a confined space, the employer must
(a) obtain a written report referred to in subsection 171(3) from a qualified person;
(b) ensure that any liquid in which a person may drown or any free-flowing solid in which a person may become entrapped has been removed from the confined space;
(c) ensure that the entry of any liquid, free-flowing solid or hazardous substance into the confined space has been prevented by a secure means of disconnection or the fitting of blank flanges;
(d) ensure that all electrical equipment and mechanical equipment that presents a hazard to a person entering into, exiting from or performing work in the confined space has been disconnected from its power source and locked out in accordance with the standard referred to in subparagraph 167(e)(ii);
(e) ensure that the opening for entry into and exit from the confined space is sufficient in size to allow safe passage of a person who is using protection equipment; and
(f) establish an entry control system.
(2) The written report referred to in subsection 171(3) and any procedures identified in that report must be explained to a person who is about to enter into the confined space and that person must sign a dated copy of the report indicating that they have read the report and that the report and the procedures were explained to them.
(3) If conditions in the confined space or the nature of the work to be performed in the confined space are such that any of paragraphs 171(2)(a) to (c) or (1)(b) to (e) cannot be complied with, the employer must at a minimum ensure that
(a) a qualified person is
(i) in attendance outside the confined space,
(ii) in communication with the person inside the confined space, and
(iii) provided with a suitable alarm device for summoning assistance;
(b) each person granted access to the confined space must wear a safety harness that is securely attached to a lifeline that is attached to a secure anchor outside the confined space and is controlled by the qualified person;
(c) two or more employees, which may include the qualified person, are in the immediate vicinity of the confined space to assist in the event of an accident or other emergency; and
(d) one of the employees referred to in paragraph (c) is
(i) trained in the emergency procedures referred to in paragraph 171(3)(i),
(ii) the holder of a first aid certificate, and
(iii) provided with the protection equipment referred to in paragraph 171(3)(h) and any emergency equipment required by the procedures established by the employer under paragraph 171(3)(i).
(4) A person must not close off a confined spaced until a qualified person has verified that no person is inside it.
- SOR/2019-246, s. 294(F)
174 (1) If a hazardous substance may be produced in a confined space by the work to be performed,
(a) the confined space must be ventilated in accordance with subsection (2); or
(b) each person granted access to the confined space must use respiratory protective equipment or a breathing apparatus referred to in section 142.
(2) If an airborne hazardous substance or oxygen in the atmosphere in a confined space is maintained at the value, level or percentage referred to in subsection 171(2) by the use of ventilation equipment, a person may only be granted access to the confined space if
(a) the ventilation equipment is
(i) equipped with an alarm that will, if the equipment fails, be activated automatically and be audible or visible to any person in the confined space, or
(ii) monitored by an employee who is in constant attendance at the equipment and in communication with any person in the confined space; and
(b) in the event of failure of the ventilation equipment, sufficient time will be available for the person to escape from the confined space before one of the following occurs:
(i) their exposure to or the concentration of a hazardous substance in the confined space is more than the value, level or percentage prescribed in paragraph 171(2)(a) or (b), and
(ii) the percentage of oxygen in the atmosphere ceases to meet the requirements of paragraph 171(2)(c).
(3) The employee referred to in subparagraph (2)(a)(ii) must activate an alarm in the event of faulty operation of the ventilation equipment.
PART 15Electrical Safety
175 The following definitions apply in this Part.
- control device
control device means a device that will safely disconnect electrical equipment from its source of energy. (dispositif de commande)
- direct supervision
direct supervision means on-site, in-view observation and guidance by a qualified person while an employee performs an assigned task. (supervision immédiate)
guarantor means a person who gives a guarantee of isolation. (garant)
guarded means in respect of electrical equipment, covered, shielded, fenced, enclosed or otherwise protected by means of suitable covers or casing, barriers, guardrails, screens, mats or platforms to remove the possibility of dangerous contact or approach by persons or objects. (protégé)
- person in charge
person in charge means a qualified person who supervises employees performing work on or a live test of isolated electrical equipment. (responsable)
176 (1) All testing or work performed on electrical equipment must be performed by a person in charge or an employee under the direct supervision of a person in charge.
(2) Before authorizing a person to test or perform work on electrical equipment, the employer must ensure that a work permit referred to in section 166 has been obtained.
(3) If there is a risk that the person in charge or the employee under the direct supervision of the person in charge could receive a hazardous electrical shock during the performance of their testing or work,
(a) the person in charge or the employee must use insulated protection equipment and tools that will protect them from injury; and
(b) the employee must be trained and instructed in the use of the insulated protection equipment and tools.
(4) Subject to subsection (5), if an employee is working on or near electrical equipment that is live or may become live, the electrical equipment must be guarded.
(5) If it is not feasible for the electrical equipment to be guarded, the employer must take measures to protect the employee from injury by insulating the equipment from the employee or the employee from the ground.
177 (1) If an employee is working on or near live electrical equipment and, because of the nature of the work or the condition or location of the work place, it is necessary for the safety of the employee that the work be observed by a person not engaged in the work, the employer must appoint a safety watcher
(a) to warn all employees in the work place of the hazard; and
(b) to ensure that all safety precautions and procedures are complied with.
(2) Safety watchers must be
(a) informed of their duties as safety watchers and of the hazard involved in the work;
(b) trained and instructed in the procedures to follow in the event of an emergency;
(c) authorized to stop immediately any part of the work that they consider dangerous; and
(d) free of any other duties that might interfere with their duties as safety watchers.
(3) For the purposes of subsection (1), employers may appoint themselves as safety watchers.
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