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

Signs

269 The information disclosed on a sign referred to in subsection 265(3), section 267 or paragraph 272(b) must be of a size that is clearly legible to the employees in the work place.

Replacing Labels

• 270 (1) If, on board a vessel, a label applied to a hazardous product or the container of a hazardous product becomes illegible or is removed from the hazardous product or the container, the employer must replace the label with a work place label that discloses the following information:

  • (a) the product identifier;

  • (b) the hazard information in respect of the hazardous product; and

  • (c) a statement indicating that a safety data sheet for the hazardous product is available on board the vessel.

• (2) An employer must review the accuracy of the information on a work place label and update it as soon as feasible after new hazard information or significant new data becomes available to the employer.

Exemptions from Disclosure

• 271 (1) Subject to subsection (2), if an employer has filed a claim for exemption from the requirement to disclose information on a safety data sheet or on a label under subsection 11(2) of the Hazardous Materials Information Review Act, the employer must disclose, in place of the information that the employer is exempt from disclosing,

  • (a) if there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was filed and the registry number assigned to the claim under section 10 of the Hazardous Materials Information Review Regulations; and

  • (b) if the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

• (2) If a claim for exemption is in respect of a product identifier, the employer must, on the safety data sheet or label of the hazardous product, disclose, in place of that product identifier, a code name or code number specified by the employer as the product identifier for that hazardous product.

Hazardous Waste

• 272 (1) If a hazardous product on board a vessel is hazardous waste, the employer must disclose the generic name and hazard information in respect of the hazardous product by

  • (a) applying a label to the hazardous waste or its container; or

  • (b) posting a sign in a conspicuous place near the hazardous waste or its container.

• (2) The employer must provide education and training to employees regarding the safe storage and handling of hazardous waste that is found in the work place.

Information Required in a Medical Emergency

273 For the purposes of subsection 125.2(1) of the Act, a medical professional is a nurse who is registered or licensed under the laws of a province.

PART 21Hazardous Occurrence Recording and Reporting

Interpretation

274 In this Part, minor injury means an employment injury or an occupational disease for which first aid or medical treatment is provided, other than a disabling injury.

Application

274.1 This Part does not apply in respect of occurrences of harassment and violence in the work place.

Employee Report

275 If an employee becomes aware of an accident or other hazardous occurrence arising in the course of or in connection with their work that has caused or is likely to cause injury to that employee or to any other person, the employee must, without delay, report the accident or occurrence to the employer.

Investigation

276 If an employer becomes aware of an accident, occupational disease or other hazardous occurrence affecting any of their employees in the course of employment, the employer must, without delay,

• (a) appoint a qualified person to conduct an investigation of the hazardous occurrence;

• (b) notify the work place committee or the health and safety representative, as the case may be, of the hazardous occurrence and of the name of the person appointed to investigate it; and

• (c) take necessary measures to prevent a recurrence of the hazardous occurrence.

Immediate Report to Head of Compliance and Enforcement

277 The employer must report to the Head of Compliance and Enforcement the date, time, location and nature of any accident, occupational disease or other hazardous occurrence that has one of the following results, as soon as feasible but not later than 24 hours after becoming aware of that result:

• (a) the death of an employee;

• (b) a missing employee;

• (c) a disabling injury to two or more employees;

• (d) an employee’s loss of consciousness as a result of an electric shock, a toxic atmosphere or an oxygen deficient atmosphere;

• (e) an employee’s loss of a body member or a part of one or the complete loss of the usefulness of a body member or a part of one;

• (f) the permanent impairment of an employee’s body function;

• (g) a fire or an explosion;

• (h) damage to a boiler or pressure vessel that results in fire or the rupture of the boiler or pressure vessel; or

• (i) damage to a persons transfer apparatus that renders it unserviceable, or a free fall of a persons transfer apparatus.

• (j) [Repealed, SOR/2020-130, s. 52]

Minor Injury Record

• 278 (1) Every employer must keep a record of each minor injury of which the employer is aware that is sustained by an employee in the course of employment.

• (2) The record must contain

  • (a) the date, time and location of the occurrence that resulted in the minor injury;

  • (b) the name of the employee affected;

  • (c) a brief description of the minor injury;

  • (d) the causes of the minor injury; and

  • (e) a description of the first aid or medical treatment given to the employee, if applicable.

Written Report

• 279 (1) If the investigation referred to in section 276 discloses that a hazardous occurrence resulted in the death of an employee, a missing employee, a disabling injury to an employee or an employee’s loss of consciousness as a result of electric shock or a toxic or oxygen deficient atmosphere, the employer must prepare a report in writing that includes the following information:

  • (a) the type of result of the hazardous occurrence;

  • (b) the employer’s name, mailing address and telephone number;

  • (c) the location, date and time of the hazardous occurrence;

  • (d) the weather conditions at the time of the hazardous occurrence;

  • (e) the names of any witnesses to the hazardous occurrence;

  • (f) the supervisor’s name;

  • (g) the name of the vessel and its official number or ID Number;

  • (h) a description of what happened;

  • (i) a description and estimated cost of property damage, if any;

  • (j) for each injured employee, the employee’s name, date of birth, sex, years of experience in the occupation, a description of the injury, whether the employee was evacuated and the direct cause of the injury;

  • (k) the training in accident prevention given to each injured employee in relation to the duties the employee performed at the time of the hazardous occurrence;

  • (l) the direct causes of the hazardous occurrence;

  • (m) any corrective action taken or to be taken and the date of its implementation;

  • (n) measures taken or to be taken for the purpose of complying with the Act, in addition to those required by the regulations;

  • (o) the name of the person investigating the hazardous occurrence, their title, telephone number, signature and the date of their signature; and

  • (p) the name of the work place committee member or health and safety representative who participated in the investigation of the hazardous occurrence, their title, telephone number, signature and the date of their signature.

• (2) The employer must submit a copy of the report

  • (a) within 30 days after the date of the hazardous occurrence, to the Head of Compliance and Enforcement and to the Canadian Transportation Accident Investigation and Safety Board; and

  • (b) without delay, to the work place committee or health and safety representative, as the case may be.

Annual Report

• 280 (1) Every employer must, not later than March 1 in each year, submit to the Head of Compliance and Enforcement a written report that sets out the number of accidents, instances of occupational disease and other hazardous occurrences of which the employer is aware that have affected any employee in the course of employment during the 12-month period ending on December 31 of the preceding year.

• (2) The report must contain the following information:

  • (a) the year for which the report is submitted;

  • (b) the employer identification number;

  • (c) the work place address;

  • (d) the number of disabling injuries;

  • (e) the number of deaths;

  • (f) the number of minor injuries;

  • (g) the number of other hazardous occurrences;

  • (h) the total number of employees;

  • (i) the number of office employees;

  • (j) the total number of hours worked;

  • (k) the submitting officer’s name and title;

  • (l) the date of submission; and

  • (m) the telephone number.

Retention of Reports and Records

281 Every employer must keep a copy of each report and record referred to in this Part for a period of 10 years after the day on which they are made.

PART 22Repeal and Coming into Force

Repeal

282 [Repeal]

Coming into force

283 These Regulations come into force on the day on which they are registered.