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

Regulations are current to 2019-06-20 and last amended on 2018-06-25. Previous Versions

PART 5Safe Occupancy of the Work Place (continued)

DIVISION 1General (continued)

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

 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.

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 conspicuous place accessible to all employees a work place violence prevention policy setting out, among other things, the following obligations of the employer:

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

  • (b) to dedicate sufficient attention, resources and time to address factors that contribute to work place violence including, but not limited to, 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.

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 whose disclosure is prohibited by law or could reasonably be expected to threaten the safety of individuals.

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 to the extent reasonably practicable.

  • (2) The controls must be developed and implemented as soon as practicable, 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.

Work Place Violence Prevention Measures Review

  •  (1) The employer must review the effectiveness of the work place violence prevention measures set out in 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) 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

Procedures in Response to Work Place Violence

  •  (1) The employer must develop in writing and implement emergency notification procedures to summon assistance if immediate assistance is required, in response to work place violence.

  • (2) The employer must ensure that employees are made aware of the emergency notification procedures applicable to them and that the text of those procedures is posted at a conspicuous location accessible to those employees.

  • (3) In the development and implementation of emergency notification procedures, the employer’s decision whether or not to notify the police must take into account the nature of the work place violence and the concerns of employees who experienced the work place violence.

  • (4) If the police are investigating a violent occurrence, the work place committee or the health and safety representative must be notified of their investigation, unless notification is prohibited by law.

  • (5) The employer must develop and implement measures to assist employees who have experienced work place violence.

Notification and Investigation

  •  (1) In this section, competent person means a person who

    • (a) is impartial and is seen by the parties to be impartial;

    • (b) has knowledge, training and experience in issues relating to work place violence; and

    • (c) has knowledge of relevant legislation.

  • (2) If an employer becomes aware of work place violence or alleged work place violence, the employer must try to resolve the matter with the employee as soon as feasible.

  • (3) If the matter is unresolved, the employer must appoint a competent person to investigate the work place violence and provide that person with any relevant information whose disclosure is not prohibited by law and that would not reveal the identity of persons involved without their consent.

  • (4) The competent person must investigate the work place violence and at the completion of the investigation provide the employer with a written report containing their conclusions and recommendations.

  • (5) The employer must, on completion of the investigation into the work place violence,

    • (a) keep a record of the report from the competent person;

    • (b) provide the work place committee or the health and safety representative, as the case may be, with the report of the competent person, providing information whose disclosure is not prohibited by law and that would not reveal the identity of persons involved without their consent; and

    • (c) adapt or implement, as the case may be, controls referred to in subsection 100(1) to prevent a recurrence of the work place violence.

  • (6) Subsections (3) to (5) do not apply if

    • (a) the work place violence was caused by a person other than an employee;

    • (b) it is reasonable to consider that engaging in the violent situation is a normal condition of employment; and

    • (c) the employer has effective procedures and controls in place, involving employees, to address work place violence.

 
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