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

Training and Instruction

• 149 (1) An employer must instruct every person granted access to a work place who is to use protection equipment in the use of the equipment.

• (2) An employer must train and instruct every employee who uses protection equipment in the use, operation and maintenance of the equipment.

• (3) The instruction referred to in subsections (1) and (2) must be

  • (a) set out in writing; and

  • (b) kept by the employer and made readily available for examination by every person granted access to the work place.

Defective Protection Equipment

• 150 (1) If an employee finds any defect in protection equipment that may render it unsafe for use, they must report the defect to their employer as soon as feasible.

• (2) An employer must mark or tag as unsafe and remove from service any protection equipment used by employees that has a defect that may render it unsafe for use.

PART 11 [Repealed, SOR/2023-257, s. 418]

151 [Repealed, SOR/2023-257, s. 418]

152 [Repealed, SOR/2023-257, s. 418]

153 [Repealed, SOR/2023-257, s. 418]

154 [Repealed, SOR/2023-257, s. 418]

155 [Repealed, SOR/2023-257, s. 418]

156 [Repealed, SOR/2023-257, s. 418]

157 [Repealed, SOR/2023-257, s. 418]

PART 12Prevention of Noise and Vibration

Application

158 Subsection 161(5) does not apply in respect of vessels constructed before the day on which the MLC 2006 came into force in Canada.

Interpretation

159 The following definitions apply in this Part.

A-weighted sound pressure level

A-weighted sound pressure level means a sound pressure level as determined by a measurement system which includes an A-weighting filter that meets the requirements set out in the International Electrotechnical Commission International Standard IEC 61672-1:2002(E), 1^st edition 2002-2005 Electroacoustics – Sound Level Meters. (niveau de pression acoustique pondérée A)

dBA

dBA means decibel A-weighted and is a unit of A-weighted sound pressure level. (dBA)

noise exposure level (L_ex,8)

noise exposure level (L_ex,8) means 10 times the logarithm to the base 10 of the time integral over any 24-hour period of a squared A-weighted sound pressure divided by 8, the reference sound pressure being 20 µPa. (niveau d’exposition (L_ex,8))

sound level meter

sound level meter means an instrument for measuring levels of sound and impulse sound that meets the standards set out in CSA Standard CAN/CSA-Z107.56-06, Procedures for the Measurement of Occupational Noise Exposure. (sonomètre)

sound pressure level

sound pressure level means 20 times the logarithm to the base 10 of the ratio of the root mean square pressure of a sound to the reference sound pressure of 20 µPa, expressed in decibels. (niveau de pression acoustique)

160 [Repealed, SOR/2023-257, s. 420]

Levels of Sound

• 161 (1) Subject to subsections (2) to (4), the level of sound in a work place must be less than 85 dB.

• (2) Subject to subsection (3), if it is not feasible for an employer to maintain the sound level in the work place at less than 85 dB, an employee must not be exposed in any 24-hour period

  • (a) to a level of sound set out in column 1 of the table to this section for a number of hours that is more than the number set out in column 2; or

  • (b) to any combination of the different levels of sound set out in column 1 of the table to this section, if the number of hours of exposure to each level of sound divided by the maximum number of hours of exposure for that level per 24-hour period set out in column 2 of the table to this section is more than one.

• (3) An employee must not be exposed to a continuous level of sound in crew accommodation that is more than 75 dB.

• (4) If the level of impulse sound in a work place is more than 140 dB, the employer must provide every employee entering the work place with a hearing protector that

  • (a) meets the standards set out in CSA Standard CAN/CSA-Z94.2-02 (R2007), Hearing Protection Devices — Performance, Selection, Care and Use; and

  • (b) reduces the peak level of impulse sound reaching the employee’s ears to 140 dB or less.

• (5) Unless otherwise specified, the limits for noise levels for working spaces and crew accommodation must fall within the ILO international guidelines on exposure levels, including those in the ILO code of practice entitled Ambient factors in the workplace, 2001, and, if applicable, the specific protection recommended by the IMO, and any subsequent amending and supplementary instruments for acceptable noise levels on board vessels.

• (6) A copy of the documents in English and in French referred to in subsection (5) must be kept on board the vessel and be made available to employees.

  	Column 1	Column 2
  Item	Levels of Sound in dB	Maximum Number of Hours of Exposure per Employee per 24-hour Period
  1	85 or more but not more than 90	8
  2	more than 90 but not more than 92	6
  3	more than 92 but not more than 95	4
  4	more than 95 but not more than 97	3
  5	more than 97 but not more than 100	2
  6	more than 100 but not more than 102	1.5
  7	more than 102 but not more than 105	1
  8	more than 105 but not more than 110	0.5
  9	more than 110 but not more than 115	0.25
  10	more than 115	0

Hazard Investigation

• 162 (1) If it is not feasible for an employer to maintain an employee’s exposure to a sound level at or below the levels referred to in section 161, the employer must

  • (a) appoint a qualified person to carry out an investigation of the degree of exposure;

  • (b) notify the work place committee or the health and safety representative of the investigation and of the name of the person appointed to carry out the investigation; and

  • (c) provide every employee entering the work place with a hearing protector that

    • (i) meets the standards set out in CSA Standard CAN/CSA-Z94.2-02 (R2007), Hearing Protection Devices, Performance, Selection, Care and Use, and

    • (ii) reduces the level of sound reaching the employee’s ears to less than 85 dB.

• (2) For the purposes of subsection (1), the measurement of the A-weighted sound pressure level in a work place must be performed instantaneously, in normal working conditions, using the slow response setting of a sound level meter.

• (3) During the investigation referred to in subsection (1), the following matters must be considered:

  • (a) the sources of sound in the work place;

  • (b) the A-weighted sound pressure levels to which the employee is likely to be exposed and the duration of that exposure;

  • (c) the methods being used to reduce the exposure;

  • (d) whether the exposure of the employee is likely to be more than the limits prescribed by section 161; and

  • (e) whether the employee is likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 85 dBA.

• (4) On completion of the investigation and after consultation with the work place committee or the health and safety representative, as the case may be, the person appointed to carry out the investigation must set out in a written report signed and dated by the person

  • (a) observations respecting the matters considered under subsection (3);

  • (b) recommendations respecting the measures that are to be taken in order to comply with section 161; and

  • (c) recommendations respecting the use of hearing protectors by employees who are exposed to a noise exposure level (L_ex,8) equal to or greater than 85 dBA and not greater than 87 dBA.

• (5) The report must be kept by the employer at the work place where it applies for a period of 10 years after the day on which the report is submitted.

• (6) If it is stated in the report that employees are likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 85 dBA, the employer must, without delay,

  • (a) post and keep posted a copy of the report in a conspicuous place in the work place where it applies; and

  • (b) provide the employees with written information describing the hazards associated with exposure to high levels of sound.

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.

Warning Signs

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

Assessment

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.

Issuance

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.

Contents

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.

Requirements

• 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

General

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).