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

Regulations are current to 2019-11-19 and last amended on 2019-06-25. Previous Versions

PART 20Hazardous Substances (continued)

DIVISION 1General (continued)

Application

 This Part does not apply to the transportation or handling of dangerous goods to which the Transportation of Dangerous Goods Act, 1992 and its regulations apply.

Hazard Investigation

  •  (1) If the health or safety of an employee is likely to be endangered by exposure to a hazardous substance in a work place, the employer shall, without delay,

    • (a) appoint a marine chemist or other qualified person to carry out an investigation; and

    • (b) notify the work place committee or the health and safety representative, as the case may be, of the proposed investigation and of the name of the person appointed to carry out that investigation.

  • (2) In the investigation, the following criteria must be taken into consideration:

    • (a) the chemical, biological and physical properties of the hazardous substance;

    • (b) the routes of exposure to the hazardous substance;

    • (c) the effects on health of exposure to the hazardous substance;

    • (d) the state, concentration and quantity of the hazardous substance handled;

    • (e) the manner in which the hazardous substance is handled;

    • (f) the control methods used to eliminate or reduce exposure to the hazardous substance;

    • (g) whether the percentage of oxygen is within the range prescribed in section 196;

    • (h) the value, level or percentage of the hazardous substance to which an employee is likely to be exposed; and

    • (i) whether the value, level or percentage referred to in paragraph (h) is likely to be more than that prescribed in sections 195 or 255.

  • (3) On completion of the investigation referred to in subsection (1) and after consultation with the work place committee or the health and safety representative, as the case may be, the marine chemist or other qualified person must set out in a written report signed by that person

    • (a) the person’s observations respecting the criteria considered in accordance with subsection (2); and

    • (b) the person’s recommendations respecting the manner of compliance with sections 246 to 257.

  • (4) The employer must keep the report for a period of 30 years after the day on which the marine chemist or other qualified person signed the report.

  • SOR/2019-246, s. 332

Substitution of Substances

 No person is to use a hazardous substance in a work place if a non-hazardous substance or one that is less hazardous can be used instead.

  • SOR/2019-246, s. 333

 If the health of employees in a work place is likely to be endangered by direct skin contact with a hazardous substance, the employer must provide a wash area with wash basins supplied with hot and cold water.

  • SOR/2019-246, s. 333

Ventilation

 Every ventilation system used to control the concentration of an airborne hazardous substance must be designed, constructed and installed so that

  • (a) if the airborne hazardous substance is a chemical agent, the concentration of the substance is not more than the values and limits prescribed in subsection 255(1); and

  • (b) if the airborne hazardous substance is not a chemical agent, the concentration of the substance is not hazardous to the health or safety of employees.

Warnings

 If feasible, automated warning and detection systems must be provided by the employer if the seriousness of any possible exposure to a hazardous substance warrants the use of those systems.

  • SOR/2019-246, s. 334

Storage, Handling and Use

  •  (1) Every hazardous substance stored, handled or used in a work place must be stored, handled or used in a manner that the hazard related to that substance is reduced to a minimum.

  • (2) Subject to subsection (5), if a hazardous substance is stored, handled or used in a work place, any hazard resulting from that storage, handling or use must be confined to as small an area as possible.

  • (3) Every container for a hazardous substance that is used in a work place must be designed and constructed so that it protects the employees from any health or safety hazard that is created by the hazardous substance.

  • (4) The quantity of a hazardous substance used or processed in a work place must, if feasible, be limited to the minimum quantity required.

  • (5) If, in a work place, a hazardous substance is capable of combining with another substance to form an ignitable combination and a hazard of ignition of the combination by static electricity exists, the employer must adopt and implement the standards set out in the 2007 edition of the United States National Fire Protection Association publication entitled NFPA 77: Recommended Practice on Static Electricity.

  • SOR/2019-246, s. 335(E)

Warning of Hazardous Substances

 If a hazardous substance is stored, handled or used in a work place, signs must be posted in conspicuous places warning every person granted access to the work place of the presence of the hazardous substance and of any precautions to be taken to prevent or reduce any hazard of injury to health.

Assembly of Pipes

 Every assembly of pipes, including pipe fittings, valves, pumps, compressors and other fixed equipment that is used for transferring a hazardous substance from one location to another must be

  • (a) marked, by labelling, colour-coding, placarding or any other mode, to identify the hazardous substance being transferred and, if appropriate, the direction of the flow; and

  • (b) fitted with control and safety devices to ensure its safe operation, maintenance and repair.

  • SOR/2016-141, s. 55

Employee Education and Training

[SOR/2016-141, s. 56(E)]
  •  (1) Every 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 and implement an employee education and training program with respect to hazard prevention and control at the work place.

  • (2) The employee education and training program must include

    • (a) the education and training of each employee who handles or is exposed to or who is likely to handle or be exposed to a hazardous substance, with respect to

      • (i) the product identifier of the hazardous substance,

      • (ii) all hazard information disclosed by the supplier or by the employer on a safety data sheet or label,

      • (iii) all hazard information of which the employer is aware or ought to be aware,

      • (iv) the observations referred to in paragraph 245(3)(a),

      • (v) the information disclosed on a safety data sheet referred to in subsection 258(2) or 262(1) and the purpose and significance of that information, and

      • (vi) in respect of hazardous products on board a vessel, the information required to be disclosed on a safety data sheet and on a label in accordance with sections 262, 263 and 265 and the purpose and significance of that information;

    • (b) the education and training of each employee who operates, maintains or repairs an assembly of pipes referred to in section 252, with respect to

      • (i) every valve and other control and safety device connected to the assembly of pipes,

      • (ii) the procedures to follow for the proper and safe use of the assembly of pipes, and

      • (iii) the significance of the labelling, colour-coding, placarding or other modes of identification that are used;

    • (c) the education and training of each employee who is referred to in paragraph (a) or (b), with respect to

      • (i) the procedures to follow to implement subsections 250(1), (2) and (5),

      • (ii) the procedures to follow for the safe storage, handling, use and disposal of hazardous substances, including procedures to be followed in an emergency involving a hazardous substance, and

      • (iii) the procedures to follow if an employee is exposed to fugitive emissions as defined in section 259; and

    • (d) the education and training of each employee on the procedures to follow to access electronic or paper versions of reports, records of education and training given and safety data sheets.

  • (3) Every 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, review the employee education and training program at least once a year and, if necessary, revise it

    • (a) whenever there is a change in conditions in respect of the presence of hazardous substances in the work place; and

    • (b) whenever new hazard information in respect of a hazardous substance in the work place becomes available to the employer.

  • (4) The employer must keep a paper or electronic record of the education and training program given to each employee.

  • (5) The employer must make the record readily available for examination by the employee in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, and keep it for a period of 10 years after the day on which the employee ceases to

    • (a) handle or be exposed to or be likely to handle or be exposed to the hazardous substance; or

    • (b) operate, maintain or repair the assembly of pipes.

  • SOR/2016-141, s. 57
  • SOR/2019-246, s. 336(F)
 
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