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

Hazard Identification and Assessment Methodology

• 122 (1) The employer must develop a hazard identification and assessment methodology, including an identification and assessment methodology for ergonomics-related hazards, taking into account the following documents and information:

  • (a) any hazardous occurrence investigation reports;

  • (b) first aid records and minor injury records;

  • (c) work place health protection programs;

  • (d) results of any work place inspections;

  • (e) any employee reports made under paragraph 126(1)(g) or (h) of the Act or under section 275;

  • (f) any government or employer reports, studies and tests concerning the health and safety of employees;

  • (g) any reports made under the Safety and Health Committees and Representatives Regulations;

  • (h) the record of hazardous substances; and

  • (i) any other relevant information, including ergonomics-related information.

• (2) The hazard identification and assessment methodology must include

  • (a) the steps and time frame for identifying and assessing the hazards;

  • (b) the keeping of a record of the hazards; and

  • (c) a time frame for reviewing and, if necessary, revising the methodology.

Hazard Identification and Assessment

• 123 (1) The employer must identify and assess the hazards in the work place, including ergonomics-related hazards, in accordance with the methodology developed under section 122 and taking into account

  • (a) the nature of the hazard;

  • (b) in the case of ergonomics-related hazards, all ergonomics-related factors, such as

    • (i) the physical demands of the work activities, the work environment, the work procedures, the organization of the work and the circumstances in which the work activities are performed, and

    • (ii) the characteristics of materials, goods, persons, animals, things and workspaces and the features of tools and equipment;

  • (c) the employees’ level of exposure to the hazard;

  • (d) the frequency and duration of the employees’ exposure to the hazard;

  • (e) the effects, real or apprehended, of the exposure on the health and safety of the employee;

  • (f) the preventive measures in place to address the hazard;

  • (g) any employee reports made under paragraphs 126(1)(g) or (h) of the Act or under section 275; and

  • (h) any other relevant information.

• (2) The employer must assess a cargo hold in accordance with subsection (1) to determine if it is a confined space and each time there is a change in conditions that may create a hazard.

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) 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 operated 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.

• 133 (1) A persons transfer apparatus must not be used to transfer freight unless the apparatus is specifically designed for freight and people or if there is an emergency.

• (2) Every transfer of a person by means of a persons transfer apparatus must be made only when visibility and environmental conditions are such that the transfer can be made safely.

• (3) If a person is transferred by means of a persons transfer apparatus from one place to another on the vessel or from the vessel to another place off a vessel or vice versa,

  • (a) the person in charge of the transfer operation must be in direct radio contact with the operator of the apparatus; and

  • (b) the person to be transferred must

    • (i) be instructed in the safety procedures to be followed by them,

    • (ii) wear a flotation suit if the conditions warrant, and

    • (iii) must use a life jacket or a personal flotation device unless, if for medical or emergency reasons, it is not feasible to wear one.

• (4) If a person is transferred by a basket to or from a drilling unit or an offshore production facility, the drilling unit or production facility must be equipped with at least two buoyant baskets.

• (5) For the purposes of subsection (4), basket, drilling unit, offshore and production facility have the same meaning as in section 1.1 of the Oil and Gas Occupational Safety and Health Regulations.

Boatswain’s Chair

• 134 (1) A boatswain’s chair must provide stable and adequate support for the user.

• (2) A boatswain’s chair must be suspended from a parapet clamp, cornice hook, thrust-out beam or other solid anchorage having a working load limit that is at least equivalent to that of the suspension system for the boatswain’s chair.

135 A boatswain’s chair must only be used when visibility and weather conditions permit its safe use.

Inspection and Testing

• 136 (1) Every persons transfer apparatus must be inspected and found to be in serviceable condition before each use and all ropes, wires or other vital parts that show signs of significant wear must be replaced before the apparatus is used.

• (2) Every persons transfer apparatus and every safety device attached to it must be inspected and tested by a qualified person to ascertain that the requirements referred to in section 131 are met

  • (a) before the persons transfer apparatus and any safety device attached to it are operated;

  • (b) after an alteration to the persons transfer apparatus or any safety device attached to it; and

  • (c) once every 12 months.

• (3) A record of each inspection and test made in accordance with subsection (2) must

  • (a) be made and signed by the qualified person who made the inspection and performed the test;

  • (b) include the date of the inspection and test and the identification and location of the persons transfer apparatus and any safety devices that were inspected and tested;

  • (c) set out the observations of the qualified person on the safety of the apparatus and any safety device;

  • (d) be kept by the employer on the vessel on which the persons transfer apparatus is located for a period of two years after the day on which the inspection is signed; and

  • (e) be made readily available for examination by the operator of the apparatus.