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Aviation Occupational Health and Safety Regulations (SOR/2011-87)

Regulations are current to 2019-11-19 and last amended on 2019-06-25. Previous Versions

Aviation Occupational Health and Safety Regulations

SOR/2011-87

CANADA LABOUR CODE

Registration 2011-03-25

Aviation Occupational Health and Safety Regulations

P.C. 2011-451 2011-03-25

His Excellency the Governor General in Council, on the recommendation of the Minister of Labour and the Minister of Transport, pursuant to sections 125Footnote a, 125.1Footnote b, 125.2Footnote c, 126Footnote d and 157Footnote e of the Canada Labour CodeFootnote f, hereby makes the annexed Aviation Occupational Health and Safety Regulations.

PART 1General

Interpretation

  •  (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.

  • SOR/2012-271, s. 10

Application

 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.

  • SOR/2015-211, s. 5

 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

 If an employer is required by section 125 or 125.1 of the Act to keep a record the employer shall keep and maintain the record and make it readily available for examination by the Minister, the policy committee or, if there is no policy committee, the work place committee or the health and safety representative for the work place to which it applies.

  • SOR/2014-148, s. 35
  • SOR/2019-246, s. 353

Inconsistent Provisions

 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

 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 (Lex,8)

noise exposure level (Lex,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 (Lex,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)

  • SOR/2019-246, s. 354(E)

Measurement and Calculation of Exposure

  •  (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-Z107.56-13, Measurement of 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 (Lex,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 (Lex,8) may also take into account the exposure of the employee to A-weighted sound pressure levels that are less than 74 dBA.

  • SOR/2018-247, s. 3

Hazard Investigation

  •  (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 (Lex,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 (Lex,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 (Lex,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.

  • SOR/2019-246, s. 355(F)
 
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