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

Regulations are current to 2019-08-28 and last amended on 2019-06-25. Previous Versions

PART 4Sanitation (continued)

Garbage

 Food waste or garbage must not be stored in a galley.

 Garbage must be held in leak-proof, non-absorptive, easily cleaned containers with tight-fitting covers.

 Dry food waste and garbage must be removed or incinerated.

  •  (1) Food waste and garbage containers must be kept covered and the food waste and garbage removed as frequently as is necessary to prevent unsanitary conditions.

  • (2) Food waste and garbage containers must be cleaned and disinfected in an area separate from the galley each time they are emptied.

PART 5Safe Occupancy of the Work Place

DIVISION 1General

Interpretation

 In this Part, work place violence constitutes any action, conduct, threat or gesture of a person towards an employee in their work place that can likely be expected to cause harm, injury or illness to that employee.

  • SOR/2019-246, s. 258

Fire Protection Equipment

 Fire protection equipment must be installed, inspected and maintained on board every vessel in accordance with

  • SOR/2017-14, s. 414

Emergency Evacuation

 Emergency evacuation equipment must be installed, inspected and maintained on board every vessel in accordance with the Life Saving Equipment Regulations.

Emergency Procedures

  •  (1) Every employer must prepare emergency procedures, including evacuation procedures, in accordance with the Boat and Fire Drill and Means of Exit Regulations.

  • (2) Notices that set out the details of the emergency procedures must be posted in conspicuous places that are accessible to every employee in the work place.

Training and Instruction

[SOR/2019-246, s. 259(F)]

 Every employee must be trained and instructed in

  • (a) the procedures to be followed by an employee in the event of an emergency; and

  • (b) the location, use and operation of fire protection equipment and emergency equipment provided by the employer.

  • SOR/2019-246, s. 260(F)

Inspections

  •  (1) A visual inspection of every vessel must be carried out by a qualified person at least once every six months and must include an inspection of all fire escapes, exits and stairways and fire protection equipment on board the vessel in order to ensure that they are in serviceable condition and ready for use at all times.

  • (2) A record of each inspection must be dated and signed by the person who carried out the inspection and kept by the employer on board the vessel for a period of two years after the day on which it is signed.

DIVISION 2Violence Prevention in the Work Place

Interpretation

 The employer must carry out its obligations under this Division in consultation with and with the participation of the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Work Place Violence Prevention Policy

 The employer must develop and post at a place that is accessible to all employees a work place violence prevention policy setting out, among other things, the obligations of the employer, which include the following:

  • (a) to provide a safe, healthy and violence-free work place;

  • (b) to dedicate sufficient resources and time to address factors that contribute to work place violence including bullying, teasing, and abusive and other aggressive behaviour and to prevent and protect against it;

  • (c) to communicate to its employees information in its possession about factors contributing to work place violence; and

  • (d) to assist employees who have been exposed to work place violence.

  • SOR/2019-246, s. 261(E)

Identification of Factors that Contribute to Work Place Violence

 The employer must identify all factors that contribute to work place violence, by taking into account, at a minimum, the following:

  • (a) its experience in dealing with those factors and with work place violence;

  • (b) the experience of other employers in dealing with those factors and with violence in similar work places;

  • (c) the location and circumstances in which the work activities take place;

  • (d) the employees’ reports of work place violence or the risk of work place violence;

  • (e) its investigation of work place violence or the risk of work place violence; and

  • (f) the measures that are already in place to prevent and protect against work place violence.

Assessment

  •  (1) The employer must assess the potential for work place violence by using the factors identified under section 98 and taking into account, at a minimum, the following:

    • (a) the nature of the work activities;

    • (b) the working conditions;

    • (c) the design of the work activities and surrounding environment;

    • (d) the frequency of situations that present a risk of work place violence;

    • (e) the severity of the adverse consequences to an employee exposed to a risk of work place violence;

    • (f) the observations and recommendations of the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, and of the employees; and

    • (g) the measures that are already in place to prevent and protect against work place violence.

  • (2) The employer, when consulting with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, must not disclose information if the disclosure could likely be expected to threaten the safety of individuals.

  • SOR/2019-246, s. 262

Controls

  •  (1) Once an assessment of the potential for work place violence has been carried out under section 99, the employer must develop and implement systematic controls to eliminate or minimize, work place violence or the risk of work place violence, if feasible.

  • (2) The controls must be developed and implemented as soon as feasible, but not later than 90 days after the day on which the risk of work place violence has been assessed.

  • (3) Once controls referred to in subsection (1) are implemented, the employer must establish procedures for appropriate follow-up maintenance and corrective measures, including measures to promptly respond to unforeseen risks of work place violence.

  • (4) Any controls established to eliminate or minimize work place violence must not create or increase the risk of work place violence.

  • SOR/2019-246, s. 263

Work Place Violence Prevention Measures Review

  •  (1) The employer must review the effectiveness of the work place violence prevention measures taken in accordance with sections 97 to 100 at least once every three years and update them whenever there is a change that compromises the effectiveness of those measures.

  • (2) The review must include consideration of the following:

    • (a) work place conditions and work locations and activities;

    • (b) work place inspection reports;

    • (c) the employees’ reports and the employer’s records of investigations into work place violence or the risk of work place violence;

    • (d) work place health and safety evaluations;

    • (e) data on work place violence or the risk of work place violence in the employees’ work place or in similar work places;

    • (f) the observations of the policy committee, or if there is no policy committee, the work place committee or the health and safety representative; and

    • (g) any other relevant information.

  • (3) The employer must keep, for a period of three years, a paper or electronic record of findings following the review of the work place violence prevention measures and make it readily available for examination by the Minister.

  • SOR/2014-148, s. 30
  • SOR/2019-246, s. 264
 
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