PART 1General

Interpretation

• 1.1 (1) The following definitions apply in these Regulations.

  Act

  Act means Part II of the Canada Labour Code. (Loi)

  approved organization

  approved organization means an organization that is approved by any province for the teaching of first aid. (organisme agréé)

  CSA

  CSA means the Canadian Standards Association. (CSA)

  oxygen-deficient atmosphere

  oxygen-deficient atmosphere means an atmosphere in which there is less than 18% by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 135 mm Hg. (air à faible teneur en oxygène)

  protection equipment

  protection equipment includes safety materials, equipment, devices and clothing. (équipement de protection)

  qualified person

  qualified person means, in respect of a specified duty, a person who, because of their knowledge, training and experience, is qualified to perform that duty safely and properly. (personne qualifiée)

  safety restraining device

  safety restraining device means a safety harness, seat, rope, belt, strap, chain or lifeline designed to be used by a person to protect them from falling and includes every fitting, fastening or accessory attached to it. (dispositif de retenue)

• (2) The incorporation by reference of any standard in these Regulations is an incorporation of the standard as amended from time to time.

• (3) Despite any provision in any standard incorporated by reference in these Regulations, a reference to another publication in that standard is a reference to the publication as amended from time to time.

Application

1.11 These Regulations apply to any person who is not an employee but who performs for an employer to which these Regulations apply activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of these Regulations must be read accordingly.

1.2 These Regulations apply in respect of employees employed on board aircraft while in operation and in respect of persons granted access to those aircraft by the employer.

Records and Reports

1.3 An employer who is required to keep and maintain a record, report or other document under section 125 or 125.1 of the Act shall ensure that it is readily available for examination by the Minister and by the work place committee or the health and safety representative for the work place to which it applies.

Inconsistent Provisions

1.4 In the event of an inconsistency between any standard incorporated by reference in these Regulations and any other provision of these Regulations, that other provision prevails to the extent of the inconsistency.

PART 2Levels of Sound

Interpretation

2.1 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 that includes an A-weighting filter that its manufacturer represents as meeting the requirements set out in the International Electrotechnical Commission International Standard IEC 61672-1:2002(E), 1st 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 a device for measuring sound pressure level that its manufacturer represents as meeting the performance requirements for a Type 2 instrument as specified in the International Electrotechnical Commission International Standard IEC 61672-1:2002(E), 1st edition 2002-2005 Electroacoustics – Sound Level Meters. (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)

Measurement and Calculation of Exposure

• 2.2 (1) For the purposes of this Part, the exposure of an employee to sound shall be measured using an instrument that

  • (a) is recommended for that measurement in clause 4.3 of CSA Standard CAN/CSA-Z107.56-06, Procedures for the Measurement of Occupational Noise Exposure; and

  • (b) is certified, by a certification body accredited by the Standards Council of Canada to grant the certification, as meeting the requirements for such an instrument set out in clause 4 of that Standard.

• (2) The exposure of an employee to sound shall be measured in accordance with clauses 5, 6.4.1, 6.4.4, 6.5.2, 6.5.4, 6.6.2 and 6.6.4 of the Standard referred to in paragraph (1)(a).

• (3) For the purposes of this Part, the measurement and calculation of the noise exposure level (L_ex,8) to which an employee is exposed shall take into account their exposure to A-weighted sound pressure levels of 74 dBA and greater.

• (4) For the purposes of this Part, the measurement and calculation of the noise exposure level (L_ex,8) may also take into account the exposure of the employee to A-weighted sound pressure levels that are less than 74 dBA.

Hazard Investigation

• 2.3 (1) If an employee may be exposed, to an A-weighted sound pressure level equal to or greater than 84 dBA for a period that is likely to endanger the employee’s hearing, the employer shall, without delay,

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

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

• (2) The measurement of the A-weighted sound pressure level shall be performed instantaneously, during normal working conditions, using the slow response setting of a sound level meter.

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

  • (a) the sources of sound on board the aircraft;

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

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

  • (d) whether the exposure of the employee is likely to exceed the limits established by paragraph 2.4(a); and

  • (e) whether the employee is likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 84 dBA.

• (4) On completion of the investigation and after consultation with the work place committee or the health and safety representative, the person appointed to carry out the investigation shall write, sign and date a report setting out their

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

  • (b) recommendations respecting the measures that should be taken in order to comply with sections 2.4 to 2.8; 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 84 dBA but not greater than 87 dBA.

• (5) The report shall be kept by the employer at a location accessible to affected employees for a period of 10 years after the date of the report.

• (6) If it is stated in the report that an employee is likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 84 dBA, the employer shall, without delay,

  • (a) provide the employee with written information describing the hazards associated with exposure to high levels of sound;

  • (b) make the report readily available to the employee; and

  • (c) post and keep posted in a conspicuous place at a location accessible to the employee a notice stating where the report may be reviewed.

Limits of Exposure

2.4 No employee shall, in any 24-hour period, be exposed to

• (a) an A-weighted sound pressure level set out in column 1 of the schedule to this Part for a duration of exposure exceeding the applicable duration set out in column 2; or

• (b) a noise exposure level (L_ex,8) that exceeds 87 dBA.

Reduction of Sound Exposure

2.5 If it is reasonably practicable, every employer shall, by using controls or other physical means other than hearing protectors, reduce the exposure to sound of employees to a level that does not exceed the limits established by section 2.4.

Report to Minister

2.6 If it is not reasonably practicable, without providing hearing protectors, for an employer to maintain the exposure to sound of an employee at a level that does not exceed the limits established by section 2.4, the employer shall, without delay,

• (a) make a report in writing to the Minister setting out the reasons why it is not reasonably practicable to do so; and

• (b) provide a copy of the report to the work place committee or the health and safety representative.

Hearing Protection

• 2.7 (1) When an employer is required to make a report under section 2.6, the employer shall, as soon as is reasonably practicable, provide every employee whose exposure to sound is likely to exceed the limits established by section 2.4 with a hearing protector that

  • (a) is certified, by a certification body accredited by the Standards Council of Canada to grant the certification, as meeting the requirements set out in CSA Standard CAN/CSA–Z94.2-02 (R2007), Hearing Protection Devices — Performance, Selection, Care and Use; and

  • (b) prevents the employee using the hearing protector from being exposed to a level of sound that exceeds the limits established by section 2.4.

• (2) If an employer provides a hearing protector to an employee under subsection (1), the employer shall, in consultation with the work place committee or the health and safety representative, formulate and implement a program to train the employee in the fitting, care and use of the hearing protector.

Warning Signs

2.8 If an employee may be exposed to an A-weighted sound pressure level that is likely to exceed the limits established by paragraph 2.4(a), the employer shall ensure that employees are warned, in writing and by signage on board the aircraft, of a potentially hazardous level of sound on board the aircraft.

PART 3Electrical Safety

Interpretation

3.1 In this Part, electrical equipment means equipment for the generation, distribution or use of electricity.

In-flight Maintenance

3.2 All electrical equipment shall be operated and maintained in accordance with the standards of airworthiness established under the Aeronautics Act.

3.3 All testing or work performed on electrical equipment on board an aircraft shall be performed by a qualified person.

3.4 If there is a risk that an employee may receive a hazardous electrical shock during the performance of the work referred to in section 3.3, the employee shall use insulated protection equipment and tools that will protect the employee from injury.

3.5 If electrical equipment on board an aircraft is live or may become live, no employee shall work on the equipment unless

• (a) the employer has instructed the employee in procedures that are safe for work on live conductors;

• (b) a safety ground is connected to the equipment; or

• (c) the equipment is separated or disconnected from every source of electrical, hydraulic, pneumatic or other kind of energy that is capable of making electrical equipment dangerous.

3.6 If an employee is working on or near electrical equipment that is live or may become live, the employer shall ensure that the electrical equipment is guarded.

3.7 If two or more employees are working on or in connection with electrical equipment, they shall be fully informed by the employer with respect to ensuring that the work is coordinated in a safe manner.

Safety Procedures

3.8 If an employee identifies a defect in electrical equipment that may render it unsafe for use, the employee shall, as soon as possible, mark or tag the electrical equipment as unsafe for use and report the defect to the person in charge of the aircraft.

PART 4Sanitation

Interpretation

4.1 The following definitions apply in this Part.

galley area

galley area means an area used for the storage or preparation of food on board an aircraft. (office)

washroom

washroom means a room on board an aircraft that contains a toilet or a washbasin. (salle d’eau)

General

• 4.2 (1) If practicable, the employer shall provide a room that contains a toilet and a washbasin.

• (2) If it is not practicable to comply with subsection (1), the employer shall, if practicable, provide a room that contains a toilet.

• (3) If it is not practicable to comply with subsection (1) or (2), the employer shall, if practicable, provide a room that contains a washbasin.

• (4) If reasonably practicable, the employer shall provide a washroom for the sole use of the employees.

• 4.3 (1) Every employer shall ensure that each washroom and galley area used by employees is maintained in a clean and sanitary condition and cleaned at least once in every 24 hour period in which they are used.

• (2) Employees who use washrooms and galley areas shall keep them as clean and in as sanitary a condition as possible.

• (3) All work that may cause dusty or unsanitary conditions shall be carried out in a manner that will prevent the contamination of the air by dust or other substances injurious to health.

• 4.4 (1) Each container that is used for solid or liquid waste, other than a disposable plastic garbage bag, shall be

  • (a) leak-proof;

  • (b) constructed so that it can be easily cleaned and maintained in a sanitary condition; and

  • (c) equipped with a tight-fitting cover or enclosed in a manner that does not present a health or safety hazard.

• (2) Each container shall be emptied as soon as practicable after it becomes full and at least once in every 24 hour period in which it is used.

• (3) If disposable plastic garbage bags are used, they shall be

  • (a) leak-proof;

  • (b) strong enough to support their contents when full; and

  • (c) closed and secured when full and disposed of at the first opportunity.

4.5 Every washroom shall be enclosed in such a manner as to provide for a reasonable amount of privacy for its occupant.

4.6 Toilet paper shall be provided in each washroom that contains a toilet.

4.7 A covered container for the disposal of sanitary napkins shall be provided in each washroom.

4.8 If vermin have entered any enclosed part of a work place, the employer shall as soon as possible take all steps necessary to eliminate the vermin and prevent their re-entry.

Washbasins

• 4.9 (1) In those washrooms that contain a washbasin, every employer shall ensure that the water supply to the washbasin is sufficient to serve the employees.

• (2) In every washroom that contains a washbasin, the employer shall ensure that the following are provided:

  • (a) soap or other cleaning agent in a dispenser at each washbasin;

  • (b) single-use hand towels in sufficient quantity to serve the employees using the washroom; and

  • (c) a non-combustible container for the disposal of used towels.

• (3) If hot water is provided for personal washing, it shall be maintained at a temperature of not more than 43°C.

• (4) If it is not practicable to comply with subsection (1), the employer shall ensure that sufficient antiseptic agent is provided to employees.

Potable Water

• 4.10 (1) Every employer shall ensure that employees are provided with potable water in sufficient quantity for drinking, personal washing and food preparation.

• (2) The potable water shall meet the microbiological quality guidelines set out in the Guidelines for Canadian Drinking Water Quality, prepared by the Federal-Provincial-Territorial Committee on Drinking Water and published by the Department of Health.

4.11 If a portable storage container for potable water is used,

• (a) the container shall be equipped with an airtight cover that can be securely closed;

• (b) the container shall be used only for the purpose of storing potable water;

• (c) the container shall not be stored in a washroom; and

• (d) the water shall be drawn from the container by a tap, a ladle used only for the purpose of drawing water from the container or any other means that precludes the contamination of the water.

4.12 If potable water is not supplied by a drinking fountain the employer shall provide sanitary single-use drinking cups or bottled water.

4.13 Any ice that is added to potable water or used for the contact refrigeration of foodstuffs shall be

• (a) made from potable water; and

• (b) stored and handled in a manner that prevents contamination.

Preparation, Handling, Storage and Serving of Food

• 4.14 (1) Each employee who handles food as part of their duties shall be instructed and trained in food handling practices to follow in order to prevent the contamination of food.

• (2) No employee who is suffering from a disease that can be transmitted through the handling of food shall handle food.

4.15 Food stored by an employer for the consumption by employees shall be stored in conditions that will prevent the food from becoming a hazard to the employees when consumed.

4.16 All equipment and utensils that come into contact with food shall be

• (a) smooth and free from cracks, crevices, pitting or unnecessary indentations; and

• (b) cleaned to maintain their surfaces in a sanitary condition.

4.17 No person shall prepare, store or eat food

• (a) in a place where a hazardous substance may contaminate food, dishes or utensils;

• (b) in a washroom; or

• (c) in any other place where food is likely to be contaminated.

• 4.18 (1) If dry ice is used for the refrigeration of food, it shall be

  • (a) contained in a manner that prevents injury to employees; and

  • (b) marked, tagged or otherwise identified in a manner that assists employees in using it safely.

• (2) An employee who is required to handle or be exposed to dry ice shall be instructed and trained in precautions to be taken for its safe use and procedures to follow in the event of injury.

Food Waste and Garbage

4.19 Food waste and garbage shall be

• (a) handled in a manner that prevents the contamination of food;

• (b) held in leak-proof, non-absorptive, easily-cleaned containers with tight-fitting covers, in a separate enclosed area or container, until removal for disposal; and

• (c) removed as frequently as is necessary to prevent unsanitary conditions.

Crew Eating Area

4.20 If meals are provided for employees, the employer shall ensure that a clean and sanitary eating area is provided.

Reusable Equipment

4.21 All reusable equipment that may reasonably be expected to expose an employee to a health hazard shall be maintained in a clean and sanitary condition.

PART 5Hazardous Substances

Interpretation

5.1 The following definitions apply in this Part.

airborne asbestos fibres

airborne asbestos fibres means asbestos fibres that are longer than 5 μm (micrometres) with an aspect ratio equal to or greater than 3:1 and that are carried by the air. (fibres d’amiante aéroportées)

asbestos

asbestos means actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite in their fibrous form. (amiante)

asbestos-containing material

asbestos-containing material means

• (a) any article that is manufactured and contains 1% or more asbestos by weight at the time of manufacture or that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods, published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material; and

• (b) any material that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods, published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material. (matériau contenant de l’amiante)

clearance air sampling

clearance air sampling means the action of taking samples to determine if the concentration of airborne asbestos fibres inside an enclosure is below the limit referred to in section 5.16 to permit the dismantling of a containment system. (échantillonnage de l’air après décontamination)

containment system

containment system means an isolation system that is designed to effectively contain asbestos fibre within a designated work area where asbestos-containing material is handled, removed, encapsulated or enclosed. (confinement)

encapsulation

encapsulation means the treatment of an asbestos-containing material with a sealant that penetrates the material and binds the asbestos fibres together, and the treatment of the surface of the asbestos-containing material with a sealant that creates a membrane on the surface, to prevent the release of asbestos fibres into the air. (encapsulation)

enclosure

enclosure means a physical barrier such as drywall, plywood or metal sheeting that, as part of the containment system, isolates asbestos-containing material from adjacent areas in a building to prevent the release of airborne asbestos fibres into those areas. (encloisonnement)

friable

friable means, in respect of asbestos-containing material, that the material, when dry, can be easily crumbled or powdered by hand pressure. (friable)

glove bag

glove bag means a polyethylene or polyvinyl chloride bag that is affixed around an asbestos-containing source and that permits asbestos-containing material to be removed while minimizing the release of airborne asbestos fibres into the work place. (sac à gants)

hazard information

hazard information means, in respect of a hazardous substance, information on the proper and safe storage, handling, use and disposal of the hazardous substance, including information relating to the health and physical hazards that it presents. (renseignements sur les risques)

HEPA filter

HEPA filter means a high-efficiency particulate air filter that has been tested to ensure efficiency equal to or exceeding 99.97% for removal of airborne particles having a mean aerodynamic diameter of 0.3 µm (micrometres) from the air. (filtre HEPA)

high-risk activity

high-risk activity means an activity that involves the handling or disturbance of friable asbestos-containing material or is carried out in proximity to friable asbestos-containing material, that requires a high level of control to prevent exposure to excessive concentrations of airborne asbestos fibres and that includes

• (a) the removal or disturbance of more than 1 m² of friable asbestos-containing material in a work place, even if the activity is divided into smaller jobs,

• (b) the spray application of a sealant to a friable asbestos-containing material,

• (c) the cleaning or removal of air-handling equipment, other than filters, in a building that has sprayed-on fireproofing or sprayed-on thermal insulation that is asbestos-containing material,

• (d) the repair, alteration or demolition of all or part of a kiln, metallurgical furnace or similar structure that contains asbestos-containing material,

• (e) the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of non-friable asbestos-containing material, if the activity is carried out by means of power tools that are not attached to dust-collecting devices equipped with HEPA filters, and

• (f) the repair, alteration or demolition of all or part of a building in which asbestos is or was used in the manufacture of products, unless the asbestos was cleaned up and removed. (activité à risque élevé)

lower explosive limit

lower explosive limit means the lower limit of flammability of a chemical agent or a combination of chemical agents at ambient temperature and pressure, expressed

• (a) for a gas or vapour, as a percentage in air by volume; and

• (b) for dust, as the weight of dust per volume of air. (limite explosive inférieure)

low-risk activity

low-risk activity means an activity that involves the handling of asbestos-containing material or is carried out in proximity to non-friable asbestos-containing material and that includes

• (a) the installation or removal of ceiling tiles that are made of non-friable asbestos-containing material and cover an area of less than 7.5 m²,

• (b) the installation or removal of other non-friable asbestos-containing material, if the material is not being broken, cut, drilled, abraded, ground, sanded or vibrated and dust is not being generated,

• (c) the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of non-friable asbestos-containing material, if the material is wetted to control the spread of dust or fibres and the activity is carried out only by means of non-powered hand-held tools, and

• (d) the removal of less than 1 m² of drywall in which joint cement containing asbestos has been used. (activité à faible risque)

moderate-risk activity

moderate-risk activity means an activity that involves the handling of asbestos-containing material or is carried out in proximity to friable asbestos-containing material, that is not otherwise classified as a low-risk activity or high-risk activity and that includes

• (a) the removal of all or part of a false ceiling to gain access to a work area, if asbestos-containing material is likely to be found on the surface of the false ceiling,

• (b) the removal or disturbance of 1 m² or less of friable asbestos-containing material during repair, alteration, maintenance or demolition work in a work place,

• (c) the enclosure of friable asbestos-containing material,

• (d) the application of tape, sealant or other covering to pipe or boiler insulation that is asbestos-containing material,

• (e) the removal of ceiling tiles that are asbestos-containing material, if the tiles cover an area of greater than 2 m² and are removed without being broken, cut, drilled, abraded, ground, sanded or vibrated,

• (f) the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of non-friable asbestos-containing material, if the material is not wetted to control the spread of dust or fibres and the activity is carried out only by means of non-powered hand-held tools,

• (g) the removal of 1 m² or more of drywall in which joint cement that is asbestos-containing material has been used,

• (h) the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of non-friable asbestos-containing material, if the activity is carried out by means of power tools that are attached to dust-collecting devices equipped with HEPA filters,

• (i) the removal of insulation that is asbestos-containing material from a pipe, duct or similar structure using a glove bag, and

• (j) the cleaning or removal of filters used in air-handling equipment in a building that has sprayed-on fireproofing that is asbestos-containing material. (activité à risque modéré)

product identifier

product identifier has the same meaning as in subsection 1(1) of the Hazardous Products Regulations. (identificateur de produit)

readily available

readily available means, in respect of a document, present and easily accessible at the work place at all times. (facilement accessible)

supplier

supplier has the same meaning as in section 2 of the Hazardous Products Act. (fournisseur)

work activity

work activity means any low-risk activity, moderate-risk activity or high-risk activity or any activity that is ancillary to that activity, and the supervision of that activity and that ancillary activity. (activité de travail)

Application

5.2 This Part does not apply to the handling or transportation of dangerous goods to which the Transportation of Dangerous Goods Act, 1992 and regulations made under that Act apply.

DIVISION 1General

Records of Hazardous Substances

5.3 Every employer shall keep and maintain a record of all hazardous substances that are used, handled or stored for use on board an aircraft and may either keep and maintain such a record in the work place or keep and maintain a centralized record in respect of several work places.

Hazard Investigation

• 5.4 (1) If there is a likelihood that the health or safety of an employee is or may be endangered by exposure to a hazardous substance, the employer shall, without delay,

  • (a) appoint a qualified person to carry out an investigation in that regard; and

  • (b) notify the work place committee or the health and safety representative of the proposed investigation, and of the name of the qualified person appointed to investigate, so that they may participate in the investigation.

• (2) In an investigation, the following criteria shall be taken into consideration:

  • (a) the chemical, biological and physical properties of the hazardous substance;

  • (b) the routes of exposure to the hazardous substance;

  • (c) the acute and chronic effects on health of exposure to the hazardous substance;

  • (d) the quantity of the hazardous substance to be handled;

  • (e) the manner in which the hazardous substance is stored, used, handled and disposed of;

  • (f) the control methods used to eliminate or reduce exposure of the employees to the hazardous substance;

  • (g) the concentration or level of the hazardous substance to which an employee is likely to be exposed; and

  • (h) whether the concentration of an airborne chemical agent or the level of ionizing or non-ionizing radiation is likely to exceed 50% of the values referred to in section 5.16 or the limits referred to in subsection 5.19(2).

5.5 On completion of the investigation and after consultation with the work place committee or the health and safety representative,

• (a) the qualified person shall sign a written report setting out

  • (i) the person’s observations respecting the criteria considered in accordance with subsection 5.4(2), and

  • (ii) the person’s recommendations respecting the manner of compliance with sections 5.7 to 5.19, including recommendations respecting sampling and testing methods; and

• (b) the employer shall develop and implement a written procedure for the control of the concentration or level of the hazardous substance on board an aircraft and make it readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

5.6 The report shall be kept by the employer for a period of 30 years from the day on which the qualified person signs the report.

Medical Examinations

• 5.7 (1) If the report recommends a medical examination for the employees likely to be exposed to a hazardous substance, the employer shall consult a physician to ascertain the necessity for that medical examination.

• (2) For the purposes of subsection (1), a physician shall conclude that a medical examination is necessary only if, in light of the factors referred to in subsection 5.4(2), the likelihood and consequences of exposure to the hazardous substance outweigh the intrusiveness of the medical examination or the disruption to bodily integrity that might be necessary.

• (3) If a physician considers that a medical examination is necessary, the employer shall not permit an employee to handle the hazardous substance unless a physician acceptable to the employee has examined the employee and declared the employee fit, or fit with restrictions, to handle the hazardous substance.

• (4) For the purposes of determining whether an employee is fit, or fit with restrictions, a physician shall

  • (a) take into account

    • (i) the factors referred to in subsection 5.4(2), and

    • (ii) the likely effects of handling the hazardous substance on the employee’s health and that of other employees and the capacity of the employee to perform the work; and

  • (b) perform only those tests or examinations that are necessary to make that determination.

• (5) If the physician examining an employee under subsection (3) declares the employee fit with restrictions to handle the hazardous substance, the employer shall not permit the employee to handle the hazardous substance except in accordance with the specified restrictions.

• (6) If an employer consults a physician under subsection (1), the employer shall keep a copy of the physician’s decision with the report referred to in section 5.5.

• (7) The cost of a medical examination referred to in subsection (3) shall be borne by the employer.

Storage, Handling and Use

5.8 Every hazardous substance on board an aircraft shall be stored, handled or used in a manner that minimizes the hazard related to that substance.

5.9 If a hazardous substance is stored, handled or used on board an aircraft, any hazard resulting from that storage, handling or use shall be confined to as small an area as is practicable.

5.10 Every container for a hazardous substance that is used on board an aircraft shall be designed and constructed so that it protects the employees from any health or safety hazard that is caused by the hazardous substance.

5.11 The quantity of a hazardous substance for use or processing on board an aircraft shall, if practicable, be limited to the minimum quantity required.

Warning of Hazardous Substances

5.12 If a hazardous substance is on board an aircraft, signs shall be posted in conspicuous places on board the aircraft warning of the presence of the hazardous substance and stating any precautions to be taken to prevent or reduce any health or safety hazard.

Employee Education and Training

• 5.13 (1) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop and implement an employee education and training program with respect to hazard prevention and control on board an aircraft, including with respect to hazardous substances.

• (2) The employee education and training program shall include

  • (a) the education and training of each employee who is likely to handle or be exposed to a hazardous substance, with respect to

    • (i) the product identifier of the hazardous substance,

    • (ii) all hazard information disclosed by the supplier or by the employer on a safety data sheet or label,

    • (iii) all hazard information of which the employer is aware or ought to be aware,

    • (iv) the observations referred to in subparagraph 5.5(a)(i),

    • (v) the information disclosed on a safety data sheet referred to in section 5.21 and the purpose and significance of that information, and

    • (vi) in respect of hazardous products on board an aircraft, the information required to be disclosed on a safety data sheet and on a label under Division 3 and the purpose and significance of that information;

  • (b) the education and training of each employee who is referred to in paragraph (a), with respect to

    • (i) the procedures to follow to implement sections 5.8 and 5.9,

    • (ii) the procedures to follow for the safe storage, handling, use and disposal of hazardous substances, including procedures to be followed in an emergency involving a hazardous substance, and

    • (iii) the procedures to follow if an employee on board an aircraft is exposed to a hazardous product in gas, liquid, solid, vapour, fume, mist, fog or dust form that escapes from processing equipment, from control emission equipment or from a product that is outside of or on board the aircraft; and

  • (c) the education and training of each employee on the procedures to follow to access electronic or paper versions of reports, records of education and training given and safety data sheets.

• (3) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review and, if necessary, revise the employee education and training program

  • (a) at least once a year;

  • (b) whenever there is a change in conditions in respect of the presence of hazardous substances on board an aircraft; and

  • (c) whenever new hazard information in respect of a hazardous substance on board an aircraft becomes available to the employer.

5.14 The employer shall keep a paper or electronic record of the education and training given to every employee and shall

• (a) make it readily available for examination by the employee in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative; and

• (b) keep it for a period of two years from the day on which the employee ceases to handle or be exposed to the hazardous substance.

Substitution of Substances

• 5.15 (1) No person shall use a hazardous substance on board an aircraft if it is reasonably practicable to use a non-hazardous substance in its place.

• (2) If a hazardous substance is to be used for any purpose on board an aircraft and an equivalent substance that is less hazardous is available to be used for that purpose, the equivalent substance shall be substituted for the hazardous substance if reasonably practicable.

Control of Hazards

• 5.16 (1) No employee shall be exposed to a concentration of an airborne chemical agent, other than airborne asbestos fibres, in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

• (1.1) An employer shall ensure that an employee’s exposure to a concentration of airborne asbestos fibres is as close to zero as is reasonably practicable, but in any event the employer shall ensure that the concentration is not in excess of the value for airborne asbestos fibres adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

• (2) If there is a likelihood that the concentration of an airborne chemical agent may exceed the value referred to in subsection (1) or that the concentration of airborne asbestos fibres may exceed zero, air samples shall be taken by a qualified person and the concentration of the chemical agent or the airborne asbestos fibres shall be determined

  • (a) in accordance with the standards set out by the United States National Institute for Occupational Safety and Health in the NIOSH Manual of Analytical Methods; or

  • (b) if no specific standards for the chemical agent are listed in the document referred to in paragraph (a), in accordance with a scientifically proven method used to collect and analyze a representative sample of the chemical agent.

• (3) A paper or electronic record of each determination made under subsection (2) shall be kept by the employer at a location accessible to affected employees, for a period of 3 years from the date of the determination.

• (4) The record shall include

  • (a) the date, time and location of the analysis;

  • (b) the hazardous substance in respect of which the analysis was made;

  • (c) the sampling and testing method used;

  • (d) the result obtained; and

  • (e) the name and occupation of the person who made the analysis.

• 5.17 (1) Subject to subsection (2), the concentration of an airborne chemical agent or combination of airborne chemical agents on board an aircraft shall be less than 50% of the lower explosive limit of the chemical agent or combination of chemical agents.

• (2) If a source of ignition may ignite an airborne chemical agent or combination of airborne chemical agents on board an aircraft, the maximum concentration of the chemical agent or of the combination of chemical agents shall be 10% of the lower explosive limit of the chemical agent or combination of chemical agents.

Warnings

5.18 If reasonably practicable, the employer shall provide automated warning and detection systems if the consequences of an exposure to a hazardous substance warrants them.

Ionizing and Non-ionizing Radiation

• 5.19 (1) If a device that is capable of producing and emitting energy in the form of electromagnetic waves or acoustical waves is used on board an aircraft, the radiation to which an employee is exposed shall not exceed the limits recommended in Chapter 2 of Safety Code 6, Limits of Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 3 kHz to 300 GHz published by the Department of Health.

• (2) If an employee works on or near a device that may emit nuclear energy, the employer shall ensure that the exposure of the employee to nuclear energy does not exceed the radiation dose limits set out in the Radiation Protection Regulations.

DIVISION 2Hazardous Substances Other than Hazardous Products

Asbestos Exposure Management Program

Asbestos-containing Material

• 5.19.1 (1) If asbestos-containing material is present in a work place and there is the potential for a release of asbestos fibres or employee exposure to asbestos fibres, an employer shall ensure that the qualified person who is carrying out a hazard investigation under section 5.4 takes into consideration the type of asbestos, the condition of the asbestos-containing material, the friability of the asbestos-containing material, the accessibility to and likelihood of damage to the asbestos-containing material and the potential for the release of asbestos fibres or employee exposure to asbestos fibres.

• (2) At the completion of an investigation carried out under section 5.4, the employer shall ensure that a readily available record of the location, friability and condition of the asbestos-containing material and the type of asbestos contained in the asbestos-containing material is kept and maintained for examination by employees and is in any form as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Asbestos Exposure Control Plan

5.19.2 Before undertaking any work activity that involves asbestos-containing material, an employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and administer an asbestos exposure control plan that requires the employer to

• (a) ensure that a hazard investigation under section 5.4 has been carried out by a qualified person and, in the event that there is a change in the work activity, review any report that was prepared as a result of the investigation and, if necessary, have a qualified person carry out another investigation;

• (b) ensure that a qualified person classifies the work activity as a low-risk activity, moderate-risk activity or high-risk activity;

• (c) ensure that all asbestos-containing materia present in the work place that is exposed or that will be disturbed is identified by signs and labels or by any other effective manner;

• (d) ensure that all friable asbestos-containing material present in the work place is controlled by removal, enclosure or encapsulation or by any other effective manner to prevent employee exposure to asbestos;

• (e) ensure that procedures and control measures for moderate-risk activities and high-risk activities are developed and implemented; and

• (f) develop and implement an employee education and training program that is specific to asbestos-containing material.

5.19.3 If an employee who is undertaking automotive service procedures may be exposed to asbestos from friction material or dust arising from that material, an employer shall ensure that

• (a) the use of compressed air, brushes or similar means to dry-remove friction material dust from automotive assemblies is prohibited; and

• (b) signs to advise employees of the hazards and required precautions are posted in service work areas where friction material is handled or dust arising from that material is generated.

Asbestos Dust, Waste and Debris Removal

• 5.19.4 (1) During any work activities that involve friable asbestos-containing materials, an employer shall ensure that the following activities are carried out frequently and at regular intervals as determined by a qualified person, at the end of each work shift and immediately after the work activity is completed:

  • (a) all asbestos dust, waste and debris are removed by vacuuming with a vacuum cleaner that is equipped with a HEPA filter, damp-mopping or wet-sweeping the area that is contaminated with the asbestos dust, waste or debris; and

  • (b) any drop sheets that are contaminated with asbestos dust, waste or debris are wetted.

• (2) All asbestos dust, waste or debris and any drop sheets that are contaminated with asbestos dust, waste or debris shall be placed in a container referred to in section 5.19.11.

5.19.5 If a glove bag is used for the removal of asbestos insulation from pipes, ducts and similar structures, an employer shall ensure that

• (a) the glove bag is sealed to prevent the release of asbestos fibres into the work area;

• (b) the glove bag is inspected for damage or defects immediately before it is attached to the pipe, duct or similar structure and at regular intervals during its use;

• (c) all waste from asbestos-containing material that is on surfaces is washed to the bottom of the glove bag and all exposed asbestos-containing material is encapsulated when it is inside the glove bag;

• (d) the glove bag is evacuated using a vacuum cleaner that is equipped with a HEPA filter to remove the air inside the bag prior to the removal of the glove bag; and

• (e) after the glove bag is removed, all exposed surfaces are cleaned with a damp cloth and a vacuum cleaner that is equipped with a HEPA filter.

Decontamination

• 5.19.6 (1) Before leaving a work area that is contaminated with asbestos-containing material, an employee shall

  • (a) if their protective clothing is to be reused, decontaminate the clothing with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter before taking the clothing off; or

  • (b) if their protective clothing is not to be reused, place the clothing in a container referred to in section 5.19.11.

• (2) An employer shall provide employees with a facility reserved for washing their hands and face, and employees shall wash their hands and face using that facility before leaving a work area that is contaminated with asbestos-containing material.

5.19.7 As soon as practicable after any work activity that involves asbestos-containing material is completed, an employee shall clean reusable tools, equipment, rigid barriers and portable enclosures that are contaminated with asbestos with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter.

Air Sampling

• 5.19.8 (1) An employer shall ensure that a qualified person takes air samples to test for airborne asbestos fibres

  • (a) in the vicinity of the containment system during any work activity that involves asbestos-containing material and, in the case of a work activity that lasts longer than 24 hours, at least daily;

  • (b) in the clean room during removal and clean-up operations and, in the case of removal and clean-up operations that last longer than 24 hours, at least daily; and

  • (c) in contaminated areas that are inside the containment system as necessary during removal and clean-up operations.

• (2) The employer shall ensure that the following air samples are taken:

  • (a) two samples for every area in an enclosure that is 10 m² or less;

  • (b) three samples for every area in an enclosure that is more than 10 m² and not more than 500 m²; and

  • (c) five samples for every area in an enclosure that is more than 500 m².

• (3) Within 24 hours after obtaining the air sampling test results, the employer shall

  • (a) post a copy of the results in a conspicuous place in the work place; and

  • (b) make the results available to the policy committee, if any, the work place committee and the health and safety representative.

Clearance Air Sampling

• 5.19.9 (1) Before dismantling a containment system and after all asbestos dust, waste and debris have been cleaned up, removed or encapsulated, an employer shall ensure that clearance air samples are taken inside the enclosure and that the concentration of airborne asbestos fibres is determined in accordance with Method 7400 set out in the document entitled NIOSH Manual of Analytical Methods, published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of airborne asbestos fibres.

• (2) When conducting clearance air sampling, the employer shall ensure that forced air is used inside the enclosure to dislodge any asbestos fibres from all surfaces and keep them airborne.

• (3) Clearance air sampling shall be taken until the concentrations of airborne asbestos fibres do not exceed the values referred to in subsection 5.16(1.1).

5.19.10 Within 24 hours after obtaining the clearance air sampling test results, the employer shall

• (a) post a copy of the results in a conspicuous place in the work place; and

• (b) make the results available to the policy committee, if any, the work place committee and the health and safety representative, and provide a copy of the results to the Minister.

Containers for Asbestos Dust, Waste and Debris

5.19.11 Containers for the containment of asbestos dust, waste and debris and asbestos-containing material shall be

• (a) dust-tight;

• (b) suitable to contain the dust, waste or debris;

• (c) impervious to asbestos;

• (d) identified as containing asbestos dust, waste or debris;

• (e) cleaned with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter immediately before being removed from the work area; and

• (f) removed from the work place frequently and at regular intervals as determined by a qualified person.

5.20 Every container of a hazardous substance, other than a hazardous product, that is stored, handled, used or disposed of on board an aircraft shall be labelled in a manner that discloses clearly the generic name of the substance and the hazard information in respect of the substance.

5.21 If a safety data sheet in respect of a hazardous substance, other than a hazardous product, that is stored, handled, used or disposed of on board an aircraft may be obtained from the supplier of the hazardous substance, the employer shall obtain a copy of the safety data sheet and make it readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

DIVISION 3Hazardous Products

Interpretation

5.22 The following definitions apply in this Division.

bulk shipment

bulk shipment has the same meaning as in subsection 5.5(1) of the Hazardous Products Regulations. (expédition en vrac)

container

container means any package or receptacle, including a bag, barrel, bottle, box, can, cylinder, drum and storage tank. (contenant)

hazardous waste

hazardous waste means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal. (résidu dangereux)

significant new data

significant new data has the same meaning as in subsection 5.12(1) of the Hazardous Products Regulations. (nouvelles données importantes)

supplier label

supplier label means a label prepared by a supplier that discloses any information elements required by the Hazardous Products Act. (étiquette du fournisseur)

supplier safety data sheet

supplier safety data sheet means a safety data sheet prepared by a supplier that discloses any information elements required by the Hazardous Products Act. (fiche de données de sécurité du fournisseur)

work place label

work place label means a label prepared by an employer in accordance with this Division. (étiquette du lieu de travail)

work place safety data sheet

work place safety data sheet means a safety data sheet prepared by an employer in accordance with subsection 5.25(1). (fiche de données de sécurité du lieu de travail)

Application

• 5.23 (1) This Division does not apply in respect of any

  • (a) tobacco or a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act;

  • (b) manufactured article as defined in section 2 of the Hazardous Products Act; or

  • (c) wood or a product made of wood.

• (2) This Division, other than section 5.28.1, does not apply to hazardous waste.

Supplier Safety Data Sheets

• 5.24 (1) Subsections (2) to (4) do not apply in respect of a hazardous product that is

  • (a) a hazardous product, other than wood or a product made of wood, that is listed in Schedule 1 to the Hazardous Products Act; or

  • (b) a nuclear substance, as defined in section 2 of the Nuclear Safety and Control Act, that is radioactive.

• (2) If a hazardous product is received on board an aircraft by an employer, the employer shall, without delay, obtain a supplier safety data sheet in respect of the hazardous product from the supplier, unless the employer is already in possession of a supplier safety data sheet that

  • (a) is for a hazardous product that both has the same product identifier and is from the same supplier;

  • (b) discloses information that is current at the time that the hazardous product is received; and

  • (c) was prepared and dated less than three years before the day on which the hazardous product is received.

• (3) If the supplier safety data sheet in respect of a hazardous product on board an aircraft is three years old or more, the employer shall, if practicable, obtain from the supplier a current supplier safety data sheet.

• (4) If it is not practicable for an employer to obtain a current supplier safety data sheet, the employer shall update the hazard information on the most recent supplier safety data sheet that the employer has received, on the basis of the ingredients disclosed on that supplier safety data sheet and on the basis of any significant new data of which the employer is aware.

Work Place Safety Data Sheets

• 5.25 (1) Subject to section 5.29, if an employer receives a supplier safety data sheet, the employer may prepare a work place safety data sheet to be used on board an aircraft in place of the supplier safety data sheet if

  • (a) the work place safety data sheet discloses at least the information disclosed on the supplier safety data sheet;

  • (b) the information disclosed on the work place safety data sheet does not disclaim or contradict the information disclosed on the supplier safety data sheet;

  • (c) the supplier safety data sheet is readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative; and

  • (d) the work place safety data sheet discloses that the supplier safety data sheet is available on board the aircraft.

• (2) An employer shall review the accuracy of the information disclosed on a work place safety data sheet referred to in subsection (1) and update it as soon as practicable after new hazard information or significant new data becomes available to the employer.

• (3) If the information required to be disclosed on the work place safety data sheet is not available or not applicable to the hazardous product, the employer shall, in place of the information, insert the words “not available” or “not applicable”, as the case may be, in the English version and the words “non disponible” or “sans objet”, as the case may be, in the French version, of the work place safety data sheet.

Availability of Safety Data Sheets

• 5.26 (1) Every employer shall keep readily available for examination by employees and by any policy committee, work place committee or health and safety representative on board any aircraft on which an employee is likely to handle or be exposed to a hazardous product a copy, in English and in French, of

  • (a) the work place safety data sheet referred to in subsection 5.25(1); and

  • (b) the supplier safety data sheet.

• (2) The work place safety data sheet and supplier safety data sheet shall be made readily available in any form, as determined in consultation with the policy committee, or if there is no policy committee, the work place committee or the health and safety representative.

Labels

• 5.27 (1) Each hazardous product, other than a hazardous product listed in subsection 5.24(1), on board an aircraft and each container in which the hazardous product is contained on board an aircraft shall, if the hazardous product or the container is received from a supplier,

  • (a) in the case where the hazardous product is in a bulk shipment, be accompanied by a supplier label;

  • (b) in the case where the employer has agreed in writing to apply a label to the inner container of the hazardous product, have applied to it a supplier label as soon as possible after the hazardous product is received from the supplier; and

  • (c) in any other case, have applied to it a supplier label.

• (2) Subject to section 5.29, if a hazardous product, other than a hazardous product listed in subsection 5.24(1), is received from a supplier and an employer places the hazardous product on board an aircraft in a container other than the one in which it was received from the supplier, the employer shall apply to the container a supplier label or work place label that discloses the following information:

  • (a) the product identifier;

  • (b) the hazard information in respect of the hazardous product; and

  • (c) a statement indicating that a safety data sheet for the hazardous product is available on board the aircraft.

• (3) Subject to sections 5.28 and 5.29, no person shall remove, deface or modify the supplier label applied to a hazardous product, or its container, that is on board an aircraft.

Replacing Labels

• 5.28 (1) If, on board an aircraft, a label applied to a hazardous product or the container of a hazardous product becomes illegible or is removed from the hazardous product or the container, the employer shall replace the label with a work place label that discloses the following information:

  • (a) the product identifier;

  • (b) the hazard information in respect of the hazardous product; and

  • (c) a statement indicating that a safety data sheet for the hazardous product is available on board the aircraft.

• (2) An employer must review the accuracy of the information on a work place label and update it as soon as practicable after new hazard information or significant new data becomes available to the employer.

Hazardous Waste

• 5.28.1 (1) If a hazardous product on board an aircraft is hazardous waste, the employer shall disclose the generic name and hazard information in respect of the hazardous product by

  • (a) applying a label to the hazardous waste or its container; or

  • (b) posting a sign in a conspicuous place near the hazardous waste or its container.

• (2) The employer shall provide education and training to employees regarding the safe storage and handling of hazardous waste.

Exemptions from Disclosure

• 5.29 (1) If an employer has filed a claim for exemption from the requirement to disclose information on a safety data sheet or on a label under subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall disclose, in place of the information that the employer is exempt from disclosing,

  • (a) if there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was filed and the registry number assigned to the claim under section 10 of the Hazardous Materials Information Review Regulations; and

  • (b) if the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

• (2) However, if a claim for exemption is in respect of a product identifier, the employer shall, on the safety data sheet or label of the hazardous product, disclose, in place of that product, a code name or code number specified by the employer as the product identifier for that hazardous product.

Prescribed Medical Professional

5.30 For the purposes of subsection 125.2(1) of the Act, a medical professional is a person who is registered as a registered nurse under the laws of a province.

PART 6Safety Materials, Equipment, Devices and Clothing

General

• 6.1 (1) If reasonably practicable, every employer shall eliminate or control any health or safety hazards in the work place.

• (2) If it is not reasonably practicable to eliminate or control a health or safety hazard, the employer shall provide every person granted access to the work place who may be exposed to the hazard with protection equipment prescribed by this Part.

6.2 All protection equipment shall be designed to protect the person from the hazard for which it is provided and shall not in itself create a hazard.

6.3 All protection equipment provided by the employer shall be maintained, inspected and tested by a qualified person and, if necessary to prevent a health hazard, be maintained in a clean and sanitary condition by a qualified person.

Protective Headwear

6.4 If there is a risk of head injury, protective headwear shall be used.

Protective Footwear

• 6.5 (1) If there is a risk of foot injury, protective footwear that is certified, by a certification body accredited by the Standards Council of Canada to grant such certification, as meeting the standards set out in CSA Standard CAN/CSA-Z195-09, Protective Footwear, shall be used.

• (2) If there is a risk of slipping, non-slip footwear shall be used.

Eye and Face Protection

6.6 If there is a risk of injury to the eyes, face, ears or front of the neck, the employer shall provide an eye or face protector that

• (a) is certified, by a certification body that is accredited by the Standards Council of Canada to grant such certification, as meeting the standards set out in CSA Standard Z94.3-07, Eye and Face Protectors; and

• (b) offers appropriate protection from the risk.

Respiratory Protection

6.7 If there is a risk of exposure to an airborne hazardous substance or an oxygen-deficient atmosphere, the employer shall provide a respiratory protective device that is selected, fitted, used and maintained in accordance with the manufacturer’s instructions and that, in the case of an oxygen-deficient atmosphere, has a minimum capacity of 15 minutes.

6.8 If a steel or aluminum self-contained breathing apparatus cylinder has a dent deeper than 1.5 mm and less than 50 mm in major diameter or shows evidence of deep isolated pitting, cracks or splits, the cylinder shall be removed from service until it has been shown to be safe for use by means of a hydrostatic test at a pressure equal to one and one half times the maximum allowable working pressure.

Skin Protection

6.9 If there is a risk of injury or disease to or through the skin, the employer shall provide

• (a) a shield or screen;

• (b) a cream to protect the skin; or

• (c) an appropriate body covering.

Safety Restraining Devices

• 6.10 (1) If a person, other than a person who is exiting from an aircraft, is near an open aircraft door or hatch, the employer shall provide the person with a safety restraining device.

• (2) Every safety restraining device shall be secured to the primary structure of the aircraft in a manner that prevents the person using the device from falling out of the aircraft.

Clothing

6.11 Loose clothing, long hair, dangling accessories, jewellery or other similar items that are likely to be hazardous to the health or safety of an employee shall not be worn unless they are tied, covered or otherwise secured so as to prevent the hazard.

6.12 If it is not reasonably practicable to maintain temperatures within the limits referred to in Part 7, the employees shall dress in appropriate clothing.

6.13 If an employer requires that an employee wear a uniform, the employer shall, in consultation with the policy committee or, if there is no policy committee, the workplace committee or the health and safety representative, select the uniform components and fabric and ensure that they protect the health and safety of the employee.

Records

• 6.14 (1) A record of all protection equipment provided by the employer, other than earplugs and other non-reusable equipment, shall be kept by the employer for a period of two years after the day on which it ceases to be used.

• (2) The record shall contain

  • (a) a description of the equipment and the date of its acquisition by the employer;

  • (b) the date and result of each inspection and test of the equipment;

  • (c) the date and nature of any maintenance work performed on the equipment since its acquisition by the employer; and

  • (d) the name of the person who performed the inspection, test or maintenance of the equipment.

Instruction and Training

• 6.15 (1) Every person who uses protection equipment shall be instructed in the use of the equipment.

• (2) Every employee who uses protection equipment shall be instructed and trained in the use, operation and maintenance of the equipment.

• (3) The training referred to in subsection (2) shall be set out in writing and kept readily available by the employer for examination by the employee.

Defective Protection Equipment

6.16 If an employee identifies a defect in protection equipment that may render the protection equipment unsafe for use, the employee shall, as soon as possible, mark or tag the equipment as unsafe for use and report the defect to the person in charge of the aircraft.

PART 7Temperature and Lighting

7.1 If reasonably practicable, the air temperature on board an aircraft shall be maintained at a level of not less than 18°C and not more than 29°C.

7.2 Every aircraft shall be provided with sufficient lighting to enable an employee to carry out their duties safely.

PART 8Materials Handling

Interpretation

8.1 The following definitions apply in this Part.

materials handling equipment

materials handling equipment means equipment used to transport, lift, move or position persons, materials, goods or things including auxiliary equipment and rigging devices and includes mobile equipment used to lift, hoist or position persons, but does not include equipment that is affixed to the exterior of an aircraft. (appareil de manutention des matériaux)

operator

operator means an employee who controls the operation of materials handling equipment and who has received training in the procedures referred to in subsection 8.5(1). (opérateur)

safe working load

safe working load means the maximum load that materials handling equipment is designed and constructed to handle or support safely under particular operating conditions. (charge de travail admissible)

General

• 8.2 (1) Materials handling equipment used on board an aircraft shall, if reasonably practicable, be designed and constructed so that failure of any of its parts will not result in loss of control of the equipment or create a hazardous condition.

• (2) All glass and other transparent materials used in doors, windows and other parts of materials handling equipment used on board an aircraft shall be of a type that does not shatter into sharp or dangerous pieces on impact.

Inspection, Testing and Maintenance

• 8.3 (1) Before materials handling equipment is used for the first time on board an aircraft, the employer shall set out, in writing, instructions on the inspection, testing and maintenance of that equipment.

• (2) The instructions shall specify the nature and frequency of inspections, testing and maintenance.

• (3) The inspection, testing and maintenance shall be performed by a qualified person who

  • (a) complies with the instructions referred to in subsection (1); and

  • (b) makes and signs a report regarding each inspection, test or maintenance work performed by them.

• (4) A report shall

  • (a) include the date of inspection, testing or maintenance performed by the qualified person;

  • (b) identify the materials handling equipment that was inspected, tested or maintained; and

  • (c) set out the safety observations of the qualified person.

• (5) The employer shall keep a copy of

  • (a) the instructions referred to in subsection (1) for as long as the materials handling equipment is in use; and

  • (b) the report for a period of one year after the day on which the report is signed.

Repairs

• 8.4 (1) Any repair, modification or replacement of a part of any materials handling equipment shall at least maintain the safety factor of the equipment or part.

• (2) If a part of less strength or quality than the original part is used in the repair, modification or replacement of a part of any materials handling equipment, the employer shall restrict the use of the equipment to loading and uses that will retain the original safety factor of the equipment or part.

Instruction and Training

• 8.5 (1) Every employer shall ensure that every operator of materials handling equipment on board an aircraft has been instructed and trained in the procedures to be followed for its

  • (a) inspection; and

  • (b) safe and proper use, in accordance with any instructions provided by the manufacturer and taking into account the conditions of the work place and the operator’s physical capabilities.

• (2) Every employer shall keep a record of the instructions and training for a period of three years from the day on which the training is provided.

Operation

8.6 No employer shall require an employee to operate materials handling equipment unless the employee is an operator.

Service Cart Control Systems

8.7 Every service cart used on board an aircraft shall be fitted with braking and other control systems that

• (a) are capable of safely controlling and stopping its movement; and

• (b) respond reliably and quickly to minimal effort by the operator under normal flight conditions.

Safe Working Loads

8.8 No materials handling equipment shall be used or operated with a load that exceeds its safe working load.

Manual Handling of Materials

• 8.9 (1) If, because of their weight, size, shape, toxicity or other characteristic, the manual handling of the materials, goods or things on board an aircraft may be hazardous to the health or safety of an employee, the employer shall issue instructions that they not, if reasonably practicable, be handled manually.

• (2) In determining whether the manual handling of the materials, goods or things may be hazardous to the health or safety of an employee, the employer shall take into account the frequency and duration of manual handling and the distance, gradient and environmental conditions over which an object is to be manually handled.

• 8.10 (1) If an employee is required to manually lift or carry loads weighing in excess of 10 kg, the employer shall instruct and train the employee

  • (a) in a safe method of lifting and carrying the loads that will minimize the strain on the body; and

  • (b) in a work procedure appropriate to the conditions of the work place and the employee’s physical capabilities.

• (2) The employer shall make the instruction and training materials readily available for examination by employees.

Transporting, Positioning and Hoisting Employees

• 8.11 (1) No materials handling equipment shall be used for transporting an employee on board an aircraft unless the equipment is specifically designed for that purpose.

• (2) No materials handling equipment shall be used for positioning or hoisting an employee on board an aircraft unless the equipment is equipped with a platform, bucket or basket designed for that purpose.

Defective Materials Handling Equipment

8.12 If an employee identifies a defect in materials handling equipment that may render it unsafe for use, the employee shall, as soon as possible, mark or tag it as unsafe for use and report the defect to the person in charge of the aircraft.

Storage of Materials

8.13 All materials, goods or things shall be stored and placed in such a manner that

• (a) employees are not subject to excessive strain on the body while handling them; and

• (b) the risk to the health or safety of employees is minimized.

PART 9First Aid

Interpretation

9.1 The following definitions apply in this Part.

first aid attendant

first aid attendant means an employee who has, in the last three years, successfully completed basic first aid training, standard first aid training or first aid training for flight attendants. (secouriste)

health unit

health unit means a facility that is under the charge of a physician or a person who is registered as a registered nurse under the laws of a province and that, if it is under the control of the employer, meets the minimum requirements of a first aid room described in Part XVI of the Canada Occupational Health and Safety Regulations. (service de santé)

incapacitated

incapacitated means unable to perform assigned duties in the course of employment due to illness or injury. (incapacité)

medical treatment facility

medical treatment facility means a hospital, medical clinic or physician’s office, at which emergency medical treatment can be dispensed. (installation de traitement médical)

General

• 9.2 (1) Every employer shall establish and keep up-to-date written instructions for the rendering of first aid to an employee who is incapacitated.

• (2) The employer shall make the instructions readily available for examination by employees.

First Aid Attendants

9.3 If there are three or more employees on board an aircraft, at least one of whom is not a flight crew member, one of them shall be a first aid attendant.

9.4 A first aid attendant shall

• (a) have access to a first aid kit;

• (b) render first aid to employees who are incapacitated;

• (c) if required, accompany an incapacitated employee to a health unit or a medical treatment facility and render first aid in transit;

• (d) in providing care as a first aid attendant, have precedence over anyone not trained in first aid; and

• (e) be responsible for providing care for an incapacitated employee until the treatment is complete or the employee is under the care of an equally or more qualified caregiver.

Training Requirements

• 9.5 (1) If the time required to reach a health unit or a medical treatment facility is two hours or less, the first aid attendant shall have successfully completed a basic first aid course, the elements of which are set out in section 1 of Schedule 1 to this Part, or a first aid course for flight attendants, the elements of which are set out in section 3 of that Schedule.

• (2) If the time required to reach a health unit or a medical treatment facility is more than two hours, the first aid attendant shall have successfully completed a standard first aid course, the elements of which are set out in section 2 of Schedule 1 to this Part, or a first aid course for flight attendants, the elements of which are set out in section 3 of that Schedule.

• (3) The employer shall determine, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, the elective lesson elements, if any, of the flight attendant first aid training required on any particular flight, taking into account the likelihood of their use.

• (4) First aid attendant training courses shall be given by a qualified person who holds a valid certification from an approved organization attesting that they are competent to deliver first aid training.

• (5) Basic and standard first aid certificates, basic and standard first aid certifications and first aid certifications for flight attendants are valid for a maximum of three years starting on their date of issue.

9.6 [Repealed, SOR/2012-271, s. 12]

First Aid Kits

• 9.7 (1) Every first aid kit shall be

  • (a) readily accessible;

  • (b) inspected regularly and its contents maintained in a clean, dry and serviceable condition; and

  • (c) clearly identified by a conspicuous sign.

• (2) Prescription drugs or other medications not included in Schedule 2 to this Part shall not be stored in first aid kits or with additional first aid supplies and equipment listed in Schedule 3 to this Part.

First Aid Supplies and Equipment

• 9.8 (1) If there are five or fewer employees working on board an aircraft at any time, the employer shall provide one first aid kit.

• (2) If there are from six to 19 employees working on board an aircraft at any time, the employer shall provide two first aid kits.

• (3) If there are 20 or more employees working on board an aircraft at any time, the employer shall provide three first aid kits.

• (4) If there is no flight attendant working on board an aircraft, the first aid kits shall be of type “A”, the contents of which are set out in Schedule 2 to this Part.

• (5) If there is at least one flight attendant working on board an aircraft, the first aid kits shall be of type “B”, the contents of which are set out in Schedule 2 to this Part.

• (6) If there are three or more employees working on board an aircraft, the employer shall provide the additional supplies and equipment set out in column 1 of Schedule 3 to this Part in the applicable quantities set out in column 2.

• (7) If there are 200 seats or more on board an aircraft, there shall be an additional type “B” first aid kit for each 200 seats.

Transportation

• 9.9 (1) The employer shall provide an ambulance service or other suitable means of transporting an incapacitated employee to a health unit or medical treatment facility.

• (2) An incapacitated employee shall be relieved of all duties and transported to a health unit or medical treatment facility as soon as possible.

Communication of Information

9.10 The employer shall ensure that the following information is readily available to every employee:

• (a) information regarding first aid to be rendered for any incapacity; and

• (b) information regarding transportation procedures for incapacitated employees.

Records

• 9.11 (1) A means of recording first aid that has been rendered shall be readily available to an employee on board an aircraft.

• (2) An employee who renders first aid shall

  • (a) enter in a first aid record the following information:

    • (i) the full name of the incapacitated employee,

    • (ii) the date, time and location of the occurrence of the incapacity,

    • (iii) the date and time that the incapacity was reported to them,

    • (iv) a brief description of the incapacity,

    • (v) a brief description of the first aid rendered,

    • (vi) a brief description of arrangements made for the treatment or transportation of the incapacitated employee, and

    • (vii) the names of any witnesses, if applicable; and

  • (b) sign the first aid record beneath the information entered in accordance with paragraph (a).

• (3) A copy of each first aid record shall be given to the employer at the first opportunity following the recording of the information.

• (4) The employer shall keep the copy of the first aid record containing information entered under subsection (2) for two years starting on the date of that entry.

• (5) Persons with access to first aid records shall keep the information contained in the records confidential except as required for the purpose of meeting reporting obligations under Part 10.

• (6) On receiving a written request from a provincial workers’ compensation authority or a physician, the employer shall provide an employee with a copy of any first aid record pertaining to the employee’s treatment.

• (7) The employer shall maintain a record of the expiry dates of first aid certificates and first aid certifications for first aid attendants and shall make the record readily available to them.

PART 10Hazardous Occurrence Investigation, Recording and Reporting

Interpretation

10.1 The following definitions apply in this Part.

disabling injury

disabling injury means an employment injury or an occupational disease that

• (a) prevents an employee from reporting for work or from effectively performing all the duties connected with the employee’s regular work on any day subsequent to the day on which the injury or disease occurred, whether or not that subsequent day is a working day for that employee;

• (b) results in the loss of, or complete loss of the use of, a body member or part of a body member by an employee; or

• (c) results in the permanent impairment of a body function of an employee. (blessure invalidante)

minor injury

minor injury means an employment injury or an occupational disease for which medical treatment is provided and excludes a disabling injury. (blessure légère)

regional office

regional office means the office of the Department of Transport that is administratively responsible for an employee’s assigned base. (bureau régional)

Report by an Employee

10.2 If an employee becomes aware of an accident or other occurrence arising in the course of or in connection with their work that has caused or is likely to cause injury to that employee or to any other person, they shall, without delay, report the accident or other occurrence to their employer, orally or in writing.

Investigation

10.3 If an employer becomes aware of an accident, occupational disease or other hazardous occurrence affecting any of their employees in the course of employment, the employer shall, without delay,

• (a) appoint a qualified person to carry out an investigation of the hazardous occurrence;

• (b) notify the work place committee or the health and safety representative of the proposed investigation, and of the name of the qualified person appointed to investigate, so that they may participate in the investigation; and

• (c) take necessary measures to prevent a recurrence of the hazardous occurrence.

Telecommunication Report

10.4 The employer shall report to the Minister, by telecommunication, the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 10.3 that has one of the following results, as soon as feasible but not later than 24 hours after becoming aware of that result:

• (a) the death of an employee;

• (b) a disabling injury to two or more employees;

• (c) the loss of, or complete loss of the use of, a body member or part of a body member by an employee;

• (d) the permanent impairment of a body function of an employee; and

• (e) a fire.

Minor Injury Record

• 10.5 (1) Every employer shall keep a record of each minor injury of which the employer is aware that is sustained by an employee in the course of employment, for two years after the injury is sustained.

• (2) The record shall contain

  • (a) the date, time and location of the occurrence that resulted in the injury;

  • (b) the name of the employee who sustained the injury;

  • (c) a brief description of the injury; and

  • (d) the causes of the injury.

Written Report

• 10.6 (1) The employer shall make a report in writing, without delay, in the form set out in Schedule 1 to this Part, setting out the information required by that form, including the results of the investigation referred to in paragraph 10.3(a), if that investigation discloses that the hazardous occurrence resulted in any one of the following circumstances:

  • (a) a disabling injury to an employee;

  • (b) an electric shock, toxic atmosphere or oxygen-deficient atmosphere that caused an employee to faint or lose consciousness; or

  • (c) the implementation of rescue, revival or other similar emergency procedures affecting an employee.

• (2) The employer shall submit a copy of the report

  • (a) without delay to the work place committee or the health and safety representative; and

  • (b) within 14 days after becoming aware of the hazardous occurrence, to the Minister.

Annual Report

• 10.7 (1) Every employer shall, not later than March 1 of each year, submit to the Minister a written report setting out the number of accidents, occupational diseases and other hazardous occurrences of which the employer is aware affecting any employee in the course of employment on board an aircraft during the 12-month period ending on December 31 of the preceding year.

• (2) The report shall contain the information referred to in the form set out in Schedule 2 to this Part.

Retention of Reports

10.8 Every employer shall keep a copy of

• (a) the report referred to in subsection 10.6(1) for a period of five years after the hazardous occurrence; and

• (b) the report submitted under subsection 10.7(1) for a period of two years after the submission of the report to the Minister.

SCHEDULE 1 / ANNEXE 1(Subsection 10.6(1)) / (paragraphe 10.6(1))

SCHEDULE 2 / ANNEXE 2(Subsection 10.7(2)) / (paragraphe 10.7(2))

PART 11Repeal and Coming into Force

Repeal

11 [Repeal]

Coming into force

12 These Regulations come into force on the day on which they are registered.