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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 5Safe Occupancy of the Work Place (continued)

DIVISION 2Violence Prevention in the Work Place (continued)

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.

  • SOR/2019-246, s. 265(F)

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 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 the victim’s engagement 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.

  • SOR/2019-246, s. 266

Information, Instruction and Training

[SOR/2019-246, s. 267(F)]
  •  (1) The employer must provide information, instruction and training in the factors that contribute to work place violence that are appropriate to the work place of each employee exposed to work place violence or a risk of work place violence.

  • (2) The employer must provide information, instruction and training

    • (a) before assigning to an employee any new activity for which a risk of work place violence has been identified; and

    • (b) when new information on work place violence becomes available.

  • (3) The information, instruction and training must include the following:

    • (a) the nature and extent of work place violence and how employees may be exposed to it;

    • (b) the communication system established by the employer to inform employees about work place violence;

    • (c) information on what constitutes work place violence and on the means of identifying the factors that contribute to work place violence;

    • (d) the work place violence prevention measures taken in accordance with sections 97 to 100; and

    • (e) the employer’s procedures for reporting on work place violence or the risk of work place violence.

  • (4) At least once every three years and in either of the following circumstances, the employer must review and update, if necessary, the information, instruction and training provided:

    • (a) when there is a change in respect of the risk of work place violence; or

    • (b) when new information on the risk of work place violence becomes available.

  • (5) The employer must keep signed records, in paper or electronic form, of the information, instruction and training that each employee is provided with for a period of two years after the day on which an employee ceases to perform an activity that has a risk of work place violence associated with it.

  • SOR/2019-246, s. 268

PART 6Medical Care

Interpretation

 The following definitions apply in this Part.

detached work place

detached work place means a work place away from a vessel where employees normally employed on the vessel are engaged in work related to the operation of the vessel for extended periods of time. (lieu de travail isolé)

first aid room

first aid room means a room used exclusively for first aid or medical purposes. (salle de premiers soins)

health unit

health unit means a consultation and treatment facility that is in the charge of a person who is a registered nurse under the laws of any province. (service de santé)

medical facility

medical facility means a medical clinic or the office of a physician. (installation médicale)

medicine chest

medicine chest means a container in which an assortment of medicines is stored. (pharmacie de bord)

General

 Every employer must ensure that a vessel engaged on a voyage has at least one employee holding a training certificate that meets the requirements of paragraph 207(3)(g) of the Marine Personnel Regulations, unless an exemption in respect of the vessel has been granted under the Canada Shipping Act, 2001.

  •  (1) A vessel must carry a complete and up-to-date list of radio stations from which medical advice can be obtained.

  • (2) If a vessel is equipped with a system of satellite communication, it must carry a complete and up-to-date list of coast earth stations from which medical advice can be obtained.

 Employees with responsibility for medical care or first aid must be instructed by the employer in the use of the ship’s medical guide and in the medical section of the most recent edition of the International Code of Signals so that they can understand the type of information needed by the advising doctor and the advice received.

  • SOR/2019-246, s. 269(F)

 Every employer must

  • (a) establish written instructions that provide for the prompt rendering of first aid to an employee for any injury, disabling injury or illness;

  • (b) make a copy of the instructions readily available for examination by employees; and

  • (c) if a cargo which is classified dangerous has not been included in the most recent edition of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods, make available to the employees the necessary information on the nature of the substances, the risks involved, the necessary personal protection equipment required, the relevant medical procedures and specific antidotes.

  • SOR/2019-246, s. 270(F)

 If an employee sustains an injury or becomes aware that they have a disabling injury or illness, the employee must, if feasible, report immediately for first aid to a person who holds a first aid certificate.

  • SOR/2019-246, s. 271
  •  (1) The employer must ensure that on board every vessel

    • (a) there is at least one person who holds a first aid certificate and who can immediately render first aid to employees who are injured or ill; and

    • (b) for every work place at which employees are working on live electrical equipment, there is at least one employee who has, in the 12 months before the performance of the work on the electrical equipment, successfully completed a course in cardiopulmonary resuscitation given by an approved organization.

  • (2) Subsection (1) does not apply to shore-based employees for whom a first aid room, a health unit or a medical facility is provided on shore.

 
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