PART 5Manufacturing Explosives (continued)
DIVISION 2Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate (continued)
SUBDIVISION cRequirements for Holders (continued)
Knowledge of the Workplace
Marginal note:Responsibilities of certificate holder
121 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the training requirements set out in sections 122 and 123 are met at the workplace.
Marginal note:Competent person
(2) A competent person is a person who meets the following requirements:
(a) they are at least 18 years old; and
(b) the holder of the division 2 licence or manufacturing certificate believes on reasonable grounds that the person understands the hazards to which they could be exposed in the workplace and is competent to carry out their duties in manner that is safe and lawful and ensures the security of the workplace.
123 A training record and a record of work experience must be kept for each worker for two years after the date on which it is made.
124 A holder of a division 2 factory licence or manufacturing certificate must have knowledge of the following matters and must ensure that these matters are communicated to the workers at the workplace:
(b) the terms and conditions of the licence or certificate, including the maximum quantity of Footnote *explosives and raw material and the maximum number of people authorized to be in the workplace at any one time;
(c) all safety rules respecting the manufacture of explosives at the workplace;
(d) the personal protective equipment that is needed to protect people from the hazards to which they could be exposed;
(e) all emergency plans for the workplace, including the evacuation plan;
(f) the hazards of, and safe handling practices for, the explosives and raw material at the workplace;
(g) the precautions that must be taken to minimize the likelihood of harm to people and property during manufacturing operations, including harm resulting from chemical incompatibility;
(h) the operation of the equipment at the workplace;
(j) procedures for inspecting the workplace or equipment after maintenance and repair work has been done.
Management of the Workplace
Marginal note:Responsibilities of holder
125 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the management requirements set out in sections 126 to 128 are met at the workplace.
Marginal note:Operating procedures
126 Operating procedures must be put in place for each of the following:
(a) every activity specified in the division 2 factory licence or manufacturing certificate;
(c) the management of spills and their clean-up;
(d) the response to emergency situations;
127 A record of each Footnote *explosive in the workplace (including any explosive that is used as raw material) must be kept for two years after the date on which the record is made. It must set out, for each explosive,
(b) if the explosive was received, the quantity received and the date of reception;
(c) if the explosive was used to manufacture an explosive, the quantity used and the date of use;
(d) if the explosive was manufactured in the workplace, the quantity manufactured and the date of manufacture;
(e) if the explosive was stored, the quantity stored, the place in which it was stored and the dates on which it was placed in and removed from storage;
(f) if the explosive was shipped from the workplace, the quantity shipped, the date of shipment and the address of the person to whom it was shipped; and
(g) if the explosive was destroyed at the workplace, the quantity destroyed and the date of destruction.
- SOR/2016-75, s. 39;
- SOR/2018-231, s. 44(F).
Marginal note:Copy — licence or certificate
Marginal note:Copy — Division 2
(2) A copy of this Division must be made available to workers at the workplace.
SUBDIVISION dRequirements for People at a Workplace
129 (1) Before entering, a visitor to a workplace must obtain the permission of the holder of the division 2 factory licence or manufacturing certificate. They must remain under the supervision of a competent person at all times.
Marginal note:Performance-diminishing substance
(2) A person must not enter a workplace if they are under the influence of or are carrying alcohol or another performance-diminishing substance. However, a person who has taken a prescription drug may enter if they have medical proof that they need the drug and that it will not impede their ability to function safely.
Marginal note:Personal protective equipment
Marginal note:Hair, clothing and accessories
(2) Every person at a workplace must confine or cover any loose hair and confine, cover or remove any loose clothing, jewellery or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the person.
Marginal note:Electronic devices
(3) Every person must deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of the workplace where the device, if activated, could increase the likelihood of an ignition.
Marginal note:No smoking
131 A person must not smoke at a workplace.
Marginal note:Other tasks
(2) A person must not carry out a task at a workplace unless they have been trained in that task and understand the hazards to which they could be exposed. They must take the precautions that they are directed to take to minimize the likelihood of an accidental ignition.
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